The URL can be used to link to this page

Home My WebLink AboutSMP continued hearing and deliberations JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners (BoCC) Mark McCauley, County Administrator FROM: Josh D. Peters,AICP, Community Development Director DATE: February 26,2024 RE: Shoreline Master Program (SMP) deliberations (continued) STATEMENT OF ISSUE: The Board's schedule this year concerning Periodic Review of the Shoreline Master Program (SMP)has to date included a public hearing on January 8, a workshop on January 16, and deliberations on January 22 and February 5. This agenda item is for continued deliberations in consideration of proposed amendments to the SMP as part of Periodic Review required by the Washington State Shoreline Management Act(SMA). This session will include acceptance of additional public comment, as the January 8 public hearing remains open. Next steps in the process are these deliberations, followed by consideration of an ordinance to locally adopt SMP amendments. The ordinance had been tentatively scheduled for March 18 with the final SMP amendment version posted on the DCD website on or around March 6. ANALYSIS: The current SMP amendment version dated February 16 reflects Board direction to date. Weblink to 241 page, 2.6-MB PDF. www.co.Jefferson.wa.us/DocumentCenterNiew/18060 See the attached staff report, dated February 22, for description of changes made to the Planning Commission recommendation following Board deliberations. Final direction from the Board will enable staff, with consultant and Prosecuting Attorney's Office assistance, to prepare a final SMP amendment version along with the adopting ordinance. FISCAL IMPACT: There are budgeted funds for staff time and limited consultant services on this project. RECOMMENDATION: Deliberate. Provide direction to staff to draft an adopting ordinance that reflects Board choices. REVIE BY: or Mark c auleVUounty Administrator Date 1 Jefferson County Shoreline Master Program (SMP) Periodic Review IfI'C. o Summary of Proposed SMP Responses I February 22, 2024 By: BERK Consulting, Inc., Shannon & Wilson, and Jefferson County Department of Community Development Summary This document summarizes changes included in the February 16, 2024 draft of proposed amendments that cumulatively address issues addressed through February 5, 2024. These will be reviewed during continued deliberations at the Board meeting on February 26, 2024, beginning at 9:30 AM. • Proposed SMP amendments - Planning Commission recommendation with Board direction based on deliberations to date (posted on DCD's SMP Periodic Review webpage on February 16, 2024) ■ Options discussed by the Board on February 5. 2024 - basis for the changes described in this report Draft Amendments Responding to Direction through February 5, 2024 Following the February 5, 2024 Board of County Commissioners' session regarding the Shoreline Master Program (SMP) Periodic Review, the Consultants and Staff prepared "progress" amendments to the SMP in addition to the Planning Commission recommendations. This table describes those changes. Draft Chart of Changes to Planning Commission Recommendation with Board Direction to Date Topic # Section Summary Notes 1. Definitions in Adjustment to reconcile with See matrix under separate cover dated 18.25.100 definitions in the Unified February 1, 2024. Only changes to JCC Development Code (JCC 18.25 are under consideration at this 18.10) time. The disposition of other potential changes under JCC 18.10 could occur in a future docket. 2. Table 18.25.220 Treat geoduck aquaculture In addition to modifying the table to expansions like new geoduck match exemptions to new geoduck operations. aquaculture, additional notes are added above the row in the matrix to explain the location of most aquaculture activities. Edits also clearly identify when an upland designation influences the permit type in an aquatic area. 3. 18.25.440 (3) Aquaculture Shoreline Updated text to match use matrix Environment Regulations direction. VII 1 Topic # Section Summary Notes 4. 18.25.440 (4)(b) Aquaculture General Similar to current SMP that identifies a Regulations—address baseline baseline date for meeting the potential date for when non-geoduck to expand by 25%. aquaculture expansions are The operation cultivation trigger measured. continues to be omitted because (4)(c) provides the triggers for when cultivation and other activities require a permit—this includes changes in use or activity that now interfere with public use of surface waters, involve placement of structures, or add dredge or fill. A fifth trigger was added as (4)(c)(v) based on conditions of approval or permit revision criteria in WAC 173-27- 100 or this SMP (18.25.770). 5. 18.25.440 (7) Preamble to Table 18.25.440 Jefferson County may include —Applications Requirements by information contained in the application Aquaculture Type as conditions of the project. 6. Table 18.25.440 Recognize industry best If the applicant will be implementing management practices (BMPs) industry BMPs,those shall be included in in submittal requirements. the application. The Pacific Coast Shellfish Growers Association (PCSGA), for example, has an Environmental Code of Practices that is available to members.The Washington Department of Natural Resources (DNR) also has a list of BMPs for geoduck aquaculture that is conducted on state-owned aquatic lands. 7. Table 18.25.440 Add application requirement to Add a specific regulation to the describe how prevention of application requirements that is similar marine debris accumulation to provision included in Clallam County's would be addressed. SMP. 8. Table 1 8.25.440 Add requirement to submit any This will support County's review and existing permits in effect at the appropriate conditioning of projects, time of application. Any permits and may support evaluation of issued during the County's cumulative effects. review shall also be provided upon receipt. �i,) February 22, 2024 Jefferson County I BOCC Meeting February 26, 2024 2 Other Public Comments During the public comment period of the Board's February 20, 2024 meeting, a pair of issues were raised that merit clarification: ! . Contention: Shoreline armoring and other impactful uses require less process and/or simpler permits than aquaculture. To clarify, the Shoreline Management Act (SMA) contains a shoreline permit exemption (since the original act adopted 1 970-71 ) for shoreline armoring to protect single-family residences. Since then, the WAC has changed to integrate habitat protection more firmly into review of shoreline armoring proposals (even though the SMA exemption has not changed). Our existing and proposed SMP includes standard updates to the shoreline armoring regulations per Ecology, with a focus on the evaluation of non-structural means before structural means and provision of geotechnical analysis (see pagel 34 of 241, for example). Even for exempt shoreline armoring, compliance with Ecology's very prescriptive shoreline armoring regulations as incorporated into the SMP is required. 2. Requiring a Conditional Use Permit (CUP) for new geoduck aquaculture is burdensome: As explained in a comment summary to the Planning Commission dated October 16, 2023, the Washington Administrative Code (WAC) was changed in 201 1 to require a shoreline CUP for new geoduck aquaculture. (See WAC 1 73-26-241(3)(b)(iv).) That same WAC provides discretion to local government on the permit type (and, by extension, process) for conversion. Finally, the WAC is silent on whether expansion is "new" or not. The type of process to get to a shoreline CUP is at the County's discretion, per discussion and deliberations. 3 February 22, 2024 Jefferson County I BOCC Meeting February 26, 2024