HomeMy WebLinkAbout2024 04 05 Flood Damage Prevention Ordinance_PAO EDITS REDLINE edit
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STATE OF WASHINGTON
County of Jefferson
An Ordinance Amending Repealing and
Replacing the Flood Damage Prevention
Ordinance in Chapter 15.15 of the Jefferson
County Code; ; Enacting a new chapter 15.15 of
the Jefferson County Code and Adding State of
Washington Model Flood Ordinance and Federal
Emergency Management Agency Community
Rating System Program Provisions; Repealing
Ordinance No. 05-0513-19; and Amending
Section 18.40.040 of the Jefferson County Code
;
ORDINANCE _____________
WHEREAS, Jefferson County, as a local community participating in the National Flood
Insurance Program (“NFIP”) administered by the Federal Emergency Management Agency
(“FEMA”), adopted a flood damage prevention ordinance (No. 05-0513-19) on May 13, 2019 that
repealed and replaced an earlier flood damage prevention ordinance (No. 07-0515-06); and
WHEREAS, as a participant in the NFIP, Jefferson County agrees to adopt and enforce a
floodplain management ordinance that seeks to reduce flood risks associated with new
development and substantial improvements occurring within areas of special flood hazard, and the
federal government agrees to make flood insurance available as financial protection against flood
losses; and
WHEREAS, the current Jefferson County flood damage prevention ordinance does not
include required provisions of the model flood hazard reduction ordinance approved December 9,
2019, as developed by FEMA and the Washington Department of Ecology, since the county’s
flood damage ordinance predates that model ordinance by approximately seven months; and
WHEREAS, the Jefferson County flood damage prevention ordinance also does not
currently include provisions that would enable the county to enroll in FEMA’s Community Rating
System (“CRS”) which is an optional program that reduces a community’s collective flood
insurance premium for higher regulatory standards undertaken above and beyond FEMA’s
requirements; and
WHEREAS, Jefferson County does not benefit from the lower flood insurance premiums
in recognition of its adoption of higher regulatory standards without enrollment in the CRS
program despite the finding that Washington State already requires local governments to
implement higher regulatory standards that reduce flood damage to properties by, among other
requirements, establishing the minimum elevation of flood prone properties to one foot above the
base flood elevation instead of at or above the base flood elevation pursuant to 44 CFR §
60.3(c)(2)(5); and
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WHEREAS, the Chair of the Board of County Commissioners received a letter from the
Department of Ecology’s Regional NFIP Coordinator dated October 26, 2023 confirming that a
Community Assistance Visit had been scheduled to discuss Jefferson County’s NFIP participation
and
WHEREAS, a public hearing was noticed for the proposed revisions to the flood damage
prevention ordinance in the local newspaper on March 6, and March 13, 2024, and the Planning
Commission received all comments, then reviewed, voted upon the proposed flood damage
prevention ordinance, and forwarded its recommendation to the Board of County Commissioners;
and
WHEREAS, Jefferson County noticed the proposed revisions to the flood damage
prevention ordinance on March 6, and March 13, 2024 to comply with State Environmental Policy
Act requirements, and the county issued a Determination of Non-significance on March 13, 2024;
and
WHEREAS, WHEREAS, Jefferson County is amending the flood damage prevention
ordinance (codified in Chapter 15.15 JCC) to comply with the minimum NFIP requirements and
to enable CRS enrollment; and
WHEREAS, the amendments serve to benefit the public health, safety and welfare of the
residents of Jefferson County; and
WHEREAS, the amendments as reflected in Appendix B are consistent with the
Comprehensive Plan, and the Growth Management Act; and
WHEREAS, failing to amend the flood damage prevention ordinance to comply with the
minimum NFIP requirements likely could results in a an increase in insurance premiums of federal
flood insurance, or a lack of funding by FEMA in Jefferson County for flood insurance available
as financial protection against flood losses.
NOW, THERFORE, BE IT ORDAINED, by the Jefferson County Board of
Commissioners:
Section 1. Findings. The Board of County Commissioners hereby accepts the Planning
Commission recommendation as set forth in Appendix C, and adopts the recitals (the WHEREAS
statements) as its findings of fact in support of this revision to the flood damage prevention
ordinance.
Section 2. Modification of the Jefferson County Code. Chapter 15.15 JCC shall be modified
amended and replaced as set forth in Appendix A for which a clean copy is prepared for review as
Appendix B.
Section 3. Repeal and Replace Prior Ordinance. This Ordinance repeals and replaces Ordinance
No. 05-0513-19.
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Section 4. Amendment of JCC 18.40.040. JCC 18.40.040 shall be amended as set forth in
Appendix B.
Section 45. Effective Date. The Ordinance shall take effect immediately upon adoption by the
Board of County Commissioners.
Section 6. Severability. The provisions of this ordinance are declared separate and severable. If
any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional by
any court of competent jurisdiction, that holding shall in no way affect the validity of remainder
of the code or application of its provision to other persons or circumstances.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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APPROVED and ADOPTED this ________ day of _____________, 2024.
SEAL:
ATTEST:
_________________________________
Carolyn Gallaway Date
Clerk of the Board
Approved as to form only:
_________________________________
Philip Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
________________________________________
Kate Dean, Chair
________________________________________
Greg Brotherton, Member
________________________________________
Heidi Eisenhour, Member
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APPENDIX A - Redline
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Chapter 15.15
FLOOD DAMAGE PREVENTION
Sections:
15.15.010 Statutory authorization, findings of fact, purposes, and objectives.
15.15.020 Applicability.
15.15.025 Interpretation.
15.15.027 Existing easements, covenants, and deed restrictions.
15.15.015 Severability.
15.15.016 030 Definitions.
15.15.020 Findings of fact.
15.15.030 Statement of purpose.
15.15.040 Adoption of Flood insurance rate map (“FIRM”) and disclaimer of liability.
15.15.050 Designation and duties of floodplain administrator.
15.15.060 General provisionsDevelopment permit required.General exemptions.
15.15.070 Special flood hazard area variance.Development permit required.
15.15.075 Special flood hazard area variance.
15.15.080 ProvisionsStandards for flood hazard reduction.
15.15.090 Enforcement.
15.15.095 Severability.
15.15.010 Statutory authorization, findings of fact, purposes, and objectives.
(1) Statutory and constitutional authorization. The constitution and the legislature of the State
of Washington has delegated the responsibility to local governments to adopt regulations
designed to promote the public health, safety and general welfare of its citizens. Therefore,
Jefferson County enacts this Flood Damage Prevention Ordinance for the purposes set forth in
this section.
(2) Findings of fact.
(a) The flood hazard areas of Jefferson County are subject to periodic inundation which
results in loss of life and property, health, and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect the public health,
safety, and general welfare.
(b) These flood losses are caused by the cumulative effect of obstructions in areas of
special flood hazards which increase flood heights and velocities, and when inadequately
anchored damage uses in other areas. Uses that are inadequately floodproofed, elevated,
or otherwise protected from flood damage also contribute to the flood loss.
(3) Statement of purpose.
(a) The Legislature of the State of Washington has delegated the responsibility to local
governmental unitspurpose of this chapter is to adopt floodplain management regulations
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designed to promote the public health, safety, and general welfare of its citizenry the
citizens of Jefferson County, pursuant to WAC 173-158-020. Therefore, Jefferson
County does ordain as follows.
(b) It is the purpose of this chapter to promote the public health, safety, and general
welfare; An additional purpose of this chapter is to reduce the annual cost of flood
insurance; and minimize public and private losses due to flood conditions in specific
areas by provisions designed:
(1i) To protect human life and health;
(2ii) To minimize expenditure of public money and costly flood control projects;
(3iii) To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4iv) To minimize prolonged business interruptions;
(5v) To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets, and bridges located in areas of
special flood hazard;
(6vi) To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood blight
areas;
(7viii) To ensure that potential buyers are notified that property is in an area of
special flood hazard;
(8viii) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions; and
(9ix) To ensure that those who occupy areas within the special flood hazard area
participate in and maintain eligibility for flood insurance and disaster relief.
(4) Objectives and methods for reducing flood losses. In order to accomplish its purposes, this
chapter includes regulations to achieve the following objectives:
(a) Restricting or prohibiting development which is dangerous to health, safety, and
property due to water or erosion hazards, or which result in damaging increases in
erosion or in flood heights or velocities;
(b) Requiring that development vulnerable to floods, including facilities which serve such
development, be protected against flood damage at the time of initial construction;
(c) Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
(d) Controlling filling, grading, dredging, and other development which may increase
flood damage; and
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(e) Preventing or regulating the construction of flood barriers that unnaturally divert
floodwaters or may increase flood hazards in other areas.
15.15.015020 Severability Applicability.
If any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said holding shall in no way affect the validity of the
remaining portions of this chapter.
(1) This chapter applies to all areas of special flood hazard within Jefferson County, as defined in
JCC 15.15.030, and to any development proposed or occurring within the area of special flood
hazard, as specified by this chapter.
(2) Development in any floodway is prohibited, except as expressly permitted by JCC
15.15.080(4).
(3) This chapter applies to development that proposes construction within critical areas, as
regulated in Title 18 JCC, and a special flood hazard area.
(4) Other chapters of Jefferson County Code that regulate special flood hazard areas, in addition
to this chapter, include:
(a) Chapter 18.22. JCC, which regulates development in frequently flooded areas as
defined in WAC 365-190-030(8).
(b) Chapter 18.25 JCC, which regulates development in areas under the jurisdiction of the
Shoreline Management Act, Chapter 90.58 RCW.
(c) Chapter 15.05 JCC, which adopts national and state building and fire codes, and local
amendments thereto.
(d) Chapter 18.30 JCC, which establishes development standards that govern
development in special flood hazard areas.
(e) Chapter 8.15 JCC, which establishes standards and regulations applicable to the
development, repair, and replacement of onsite sewage systems.
15.15.025 Interpretation.
(1) In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(2) Should the provisions of this chapter conflict with any other chapter in this code, the more
restrictive or protective standard shall prevail.
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15.15.027 Existing easements, covenants, and deed restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this chapter and another chapter, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
15.15.020 Findings of fact.
(1) The flood hazard areas of Jefferson County are subject to periodic inundation which results in
loss of life and property, health, and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety, and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities, and when inadequately anchored
damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise
protected from flood damage also contribute to the flood loss.
(3) Those development permits seeking to construct within critical areas and/or a flood hazard
area shall be subject to this chapter.
(4) Jefferson County regulates development in frequently flooded areas through critical
area protection standards found in Chapter 18.22 JCC.
(5) Regulations that govern development in flood hazard areas may be found in Chapter
18.25 JCC – Shoreline Master Program.
(6) Regulations that govern development in flood hazard areas may be found in Chapter
15.05 JCC – Building Codes.
(7) Regulations that govern development in flood hazard areas may be found in Chapter
18.30 JCC – Development Standards.
(8) Regulations that govern development in flood hazard areas may be found in Chapter
8.15 JCC – On-Site Sewage Code.
(9) Development is prohibited in floodways, unless expressly allowed under the floodway
provisions of JCC 15.15.080(4).
15.15.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce
the annual cost of flood insurance; and minimize public and private losses due to flood
conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
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(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard;
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions; and
(9) To ensure that those who occupy areas within the special flood hazard area participate in and
maintain eligibility for flood insurance and disaster relief.
15.15.050030 Definitions.
“Alteration of watercourse” means any action that will change the location of the channel
occupied by water within the banks of any portion of a riverine water body.
“Appeal” means a request for a review of the interpretation of any provision of this chapter, or a
request for a variance.
“Area of shallow flooding” means a designated AO, AH, or VO zone on the flood insurance rate
map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one
to three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable, and where velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow. AO zones have base flood depths that range from one to three feet above
the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable
and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; AH
indicates ponding, and is shown with standard base flood elevations.
“Area of special flood hazard” means the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. It is shown on the flood insurance
rate map (FIRM) as zone A, AO, AH, AE, A99, or AR (V, VO, VE). “Special flood hazard area”
is synonymous in meaning with the phrase “area of special flood hazard.”
“American Society of Civil Engineers (‘ASCE’) 24” means the most recently published version of
ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil
Engineers.
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any
given year (also referred to as the “100-year flood”).
“Basement” means any area of the building having its floor subgrade (below ground level) on all
sides.
“Breakaway wall” means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or supporting foundation system.
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“Building” means the same as "Structure."
“Building Code” means the currently effective versions of the International Building Code and
the International Residential Code adopted by the State of Washington Building Code Council.
“Coastal high hazard area” means an area of special flood hazard extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. The area is designated on the FIRM as
zone VE or V.
“Community” means unincorporated Jefferson County, Washington.
“Critical facility” means a facility for which even a slight chance of flooding might be too great.
Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire
and emergency response installations, and installations which produce, use, or store hazardous
materials or hazardous waste.
“Cumulative substantial damage” means flood-related damages sustained by a structure on two
separate occasions during a 10-year period for which the cost of repairs at the time of each such
flood event, on the average, equals or exceeds 25 percent of the market value of the structure
before the damage occurred.
“Development” means any manmade anthropogenic change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
“Elevated building” means, for insurance purposes, a non-basement building that has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
“Elevation certificate” means an administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine the proper insurance
premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map
revision based on fill (LOMR-F).
“Essential Facility” has the same meaning as “Essential Facility” defined in ASCE 24. Table 1-1
in ASCE 24-14 further identifies building occupancies that are essential facilities.
“Existing manufactured home park or subdivision” means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the effective date of the floodplain management regulations adopted by a community.
“Expansion to an existing manufactured home park or subdivision” means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
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“Farmhouse” means a single-family dwelling located on a farm site where resulting agricultural
products are not produced for the primary consumption or use by the occupants and the farm
owner.
“Flood” or “flooding” means:
(1) A general and temporary condition of partial or complete inundation of normally dry land
areas from:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
(c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in
subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the
surfaces of normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current.
(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an
abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in subsection (1)(a) of this definition.
“Flood elevation study” means an examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also A “flood
elevation study” is also known as a Flood Insurance Study (“FIS”).
“Flood insurance rate map (‘FIRM’)” means an official map of a community, on which the
Federal Insurance Administration has delineated both the special hazard areas and the risk
premium zones applicable to the community. A FIRM that has been made available digitally is
called a “digital flood insurance rate map (‘DFIRM’).”
“Floodplain administrator” means the community official designated by title to administer and
enforce the floodplain management regulations.
“Floodplain management regulations” means development regulations, zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion control ordinance) and other application of
police power. The term describes such state or local regulations, in any combination thereof,
which provide standards for the purpose of flood damage prevention and reduction.
“Floodproofing” means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate risk of flood damage to real estate or
improved real property, water and sanitary facilities, structures, and their contents. Flood proofed
structures are those that have the structural integrity and design to be impervious to floodwater
below the Base Flood Elevation. Floodproofing, as defined here, is limited to the nonresidential
development provisions of JCC 15.15.080(2)(b); floodproofing is not applicable to residential
development.
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“Floodway” means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height. Also The “floodway” is also referred to as the
"Regulatory regulatory Floodwayfloodway."
“Functionally dependent use” means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, and does not include long-term storage or related
manufacturing facilities.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
“Historic structure” means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of the Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.
“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or
storage in an area other than a basement area, is not considered a building’s lowest floor;
provided, that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this chapter found at JCC 15.15.080(2) (i.e.,
provided there are adequate flood openings).
“Manufactured home” means a structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. This term includes park model manufactured homes. The term
“manufactured home” does not include a “recreational vehicles.”
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
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“Mean Sea Level” means for purposes of the National Flood Insurance Program, the vertical datum
to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are
referenced.
“New construction” means, for the purposes of determining insurance rates, structures for which
the start of construction commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, “new construction” means structures for which
the start of construction commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
“New manufactured home park or subdivision” means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of adopted floodplain management regulations adopted by a community.
“One-hundred-year flood” or “100-year flood” means that same as "Base base flood."
“Park model recreational vehicle” or “recreational park trailer” means a trailer-type unit that is
regulated under Chapter 296-150P WAC, primarily designed to provide temporary living
quarters for recreational, camping, or seasonal use, and meets the following criteria:
(1) It is built on a single chassis, mounted on wheels;
(2) It does not have a gross trailer area exceeding 400 square feet (37.15 square meters) in the
set-up mode; and
(3) It is certified by the manufacturer as complying with ANSI A119.5
A park model is a recreational vehicle for purposes of this chapter.
“Reasonably safe from flooding” means development that is designed and built to be safe from
flooding based on consideration of current flood elevation studies, historical data, high water
marks and other reliable data known to the community. In unnumbered A zones where no flood
elevation is available, “reasonably safe from flooding” means that the lowest floor is at least two
feet above the highest adjacent grade.
“Recreational vehicle” means a vehicle:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
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This term includes park model manufactured homerecreational vehicle, as defined in this
chapter.
“Start of construction” includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, placement or
other improvement was within 180 days of the permit date. The “actual start” means either the
first placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or
not part of the main structure. For a substantial improvement, the “actual start of construction”
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
“Structure” means, for floodplain management purposes, a walled and roofed building, including
a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
“Structure,” for insurance purposes, means:
(1) A building, with two or more outside rigid walls and a fully secured roof, that is affixed to a
permanent site;
(2) A manufactured home (a manufactured home, also known as a mobile home, is a structure
built on a permanent chassis, transported to its site in one or more sections, and affixed to a
permanent foundation); or
(3) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that
is regulated under the community’s floodplain management and building ordinances or laws.
For the latter purpose, “structure” does not mean a recreational vehicle, or a park trailer model,
or other similar vehicle, except as described in subsection (3) of this definition, or a gas or liquid
storage tank.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
“Substantial improvement” means any repair, reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before the start of construction of the improvement. This term includes structures
which have incurred substantial damage, regardless of the actual repair work performed. The
term does not, however, include either:
(1) Any project for improvement of a structure to correct pre-cited existing violations of state or
local health, sanitary, or safety code specifications which have been previously identified by the
local code enforcement official and which are the minimum necessary to assure safe living
conditions; or
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(2) Any alteration of a historic structure; provided, that the alteration will not preclude the
structure’s continued designation as a historic structure.
“Variance” means a grant of relief by a community from the terms of a floodplain management
regulation.
“Violation” means the failure of a structure or other development to be fully compliant with the
community’s floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in 44 CFR §§
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided.
“Water Water-dependent use” means a structure for commerce or industry that requires direct
contact with the water and cannot exist in any other location and is dependent on the water by
reason of the intrinsic nature of its operations. Ferry terminals and public fishing piers are
examples of water-dependent uses. Residential development is not a water-dependent use.
15.15.040 General provisions and Adoption of Flood insurance rate map (“FIRM”) and
disclaimer of liability.
(1) Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood
hazards within the jurisdiction of Jefferson County.
(21) Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard
identified by the Federal Insurance Administration in a scientific and engineering report entitled
“The Flood Insurance Study for Jefferson County, Washington, and Incorporated Areas” dated
June 7, 2019, and any revisions thereto, with an accompanying flood insurance rate map
(“FIRM”), and any revisions thereto, are hereby adopted by reference and declared to be a part of
this chapter. The flood insurance study and the FIRM are on file at Jefferson County department
of community development (621 Sheridan Street, Port Townsend, Washington 98368). The best
available information for flood hazard area identification as outlined in JCC 15.15.070040(32)(b)
shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under
JCC 15.15.070040(32)(b).
(32) Changes to Special Flood Hazard Area. If a project will alter the BFE base flood elevation
(“BFE”) or boundaries of the SFHAspecial flood hazard area, (“SPHA”) then the project
proponent shall provide the community county with engineering documentation and analysis
regarding the proposed change. If the change to the BFE or boundaries of the SFHA would
normally require a letter of map change, then the project proponent shall initiate, and receive
approval of, a conditional letter of map revision (“CLOMR”) prior to approval of the
development permit. The project shall be constructed in a manner consistent with the approved
CLOMR.
(4) Requirement to Submit New Technical Data. Within six months, the county shall notify the
Federal Emergency Management Agency (“FEMA”) of changes in the base flood elevation by
submitting technical or scientific data, so that insurance rates and floodplain management
requirements will be based on current data not currently found in this chapter, as required by 44
CFR § 65.3.
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(5) Penalties for Noncompliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms of this chapter and other
applicable regulations. Violations of the provisions of this chapter by failure to comply with any
of its requirements (including violations of conditions and safeguards established in connection
with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to
comply with any of its requirements shall be deemed to have committed a violation. Upon
conviction thereof, the violator may be fined not more than $1,000 or imprisoned for not more
than 90 days, or both, for each violation, and in addition shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent Jefferson County from taking such
other lawful action as is necessary to prevent or remedy any violation.
(6) Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this chapter and
another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(7) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(85) Warning and Disclaimer of Liability. The degree of flood protection required by this chapter
is considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This chapter does not imply that land outside the areas
of special flood hazards or uses permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of Jefferson County, any officer or
employee thereof, or the Federal Insurance Administration for any flood damages that result
from reliance on this chapter or any administrative decision lawfully made hereunder.
15.15.050 AdministrationDesignation and duties of floodplain administrator.
(1) Designation of the Localfloodplain Administratoradministrator. The Jefferson County
development services manager Community Development Director is hereby appointed to
administer and implement this chapter by granting or denying development permit applications
in accordance with its provisions. The Community Development Director may appoint a
designee to implement the standards of this chapter. The person appointed shall be known as the
“floodplain administrator” for purposes of this chapter.
(2) Duties and Responsibilities of the Local floodplain Administratoradministrator. Duties of the
Community Development Director or their designee floodplain administrator shall include, but
not be limited to:
(a) Permit Review.
(i) Review all development permits to determine that the permit requirements of this
chapter have been satisfied.;
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(ii) Review all development permits to determine that all necessary permits have been
obtained from those federal, state, or local governmental agencies from which prior
approval is required.;
(iii) Review all development permits to determine if the proposed development is
located in the floodway. If located in the floodway, assure that the encroachment
provisions of JCC 15.15.080(4)(a) are met. ;
(iv) Determine that The the site is reasonably safe from flooding; and
(v) Notify FEMA when annexations occur in the special flood hazard area.
(b) Use of Other Base Flood Data (in A and V zones). When base flood elevation data has
not been provided (in A or V zones) in accordance with JCC 15.15.060(2), Basis for
Establishing the Areas of Special Flood Hazard, the development service manager floodplain
administrator shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a federal, state or other source, in order to administer JCC
15.15.080(2), Specific Standards, and 15.15.080(4), Floodways.
(c) Information to Be The floodplain administrator shall Obtained obtain and
Maintainedmaintain information and data as follows:.
(i) Where base flood elevation data is provided through the flood insurance study,
FIRM, or required as in subsection (32)(b) of this section, the floodplain administrator
shall obtain and record the actual (as-built) elevation (in relation to mean sea level) of
the lowest floor (including basement) of all new or substantially improved structures,
and whether or not the structure contains a basement. Recorded The information shall be
recorded on a current elevation certificate with Section B completed by the local
officialfloodplain administrator.
(ii) For all new or substantially improved floodproofed nonresidential structures where
base flood elevation data is provided through the FIS, FIRM, or as required in subsection
(3)(b) of this section:
(A) Obtain and record the elevation (in relation to mean sea level) to which the
structure was floodproofed.
(B) Maintain the floodproofing certifications required in subsection (1)(b)(iii) of this
section.
(iii) Maintain for public inspection all records pertaining to the provisions of this
chapter.
(iv) Obtain and maintain documentation of the elevation of the bottom of the lowest
horizontal structural member in V or VE zones.
(v) Certification Complete certification required by JCC 15.15.080(4).
(vi) Maintain Records records of all variance actions, including justification for their
issuance.
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(vii) Improvement Maintain records of improvement and damage calculations.
(d) Alteration of Watercourses.
(i) Notify adjacent communities and the Department of Ecology prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
(ii) Require that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is not diminished.
(e) Interpretation of FIRM Boundaries. Make interpretations where needed as to exact
location of the boundaries of the areas of special flood hazards (e.g., where there appears to
be a conflict between a mapped boundary and actual field conditions). The person contesting
the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation. An appeal of the floodplain administrator’s determination of the location of
the boundary may be filed with the Jefferson County Hearing Examiner as an appeal of an
administrative decision pursuant to JCC 2.30.100. Such appealsAn appeal may only be
shall be granted if it is determined to be consistent with the standards of Section 44 CFR §
60.6 of the Rules and Regulations of the (National Flood Insurance Program federal
regulations).
15.15.016060 General exemptions.
(1) To determine if a development proposal is exempt from the requirement for a flood
development permit, the project proponent shall submit documentation supporting compliance
with the applicable exemption below for review by the floodplain administrator,development
services manager Community Development Director or their designee,who shall retain
documentation of the decision.
(2) These The following exemptions are limited in scope and shall not be approved if any of the
following are part of a larger development proposal. After review and approval by the
development services manager floodplain administratorCommunity Development Director or
their designee , the following may be exempt from the requirement for a flood development
permit:
(1a) Routine maintenance of existing landscaping that does not involve grading,
excavation, or filling;
(2b) Removal of noxious weeds, hazardous trees, and replacement of nonnative
vegetation with native vegetation; provided, weed removal is based on the Jefferson
County noxious weed list and is conducted in accordance with the noxious weed control
board weed control guidance;
(3c) Normal maintenance of above-ground public utilities and facilities, such as replacing
power lines and utility poles, but does not include connecting or extending lines onto
private property, such as residential utility lines;
(4d) Normal road maintenance, such as filling potholes, repaving, installing signs and
traffic signals; provided, that no expansion is proposed;
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(5e) Normal maintenance of a levee or other flood control facility, as prescribed in the
operations and maintenance plan for the facility; provided, that normal maintenance does
not include repair from flood damage, any expansion of the prism, face or toe, or the
addition of material for protection or armor; and
(6f) Plowing and other normal farm practices on legally existing agricultural areas;
provided, that there are not new structures, filling, or ground clearing.
15.15.070 Development permit required.
(1). A development permit is required for all development that is subject to this chapter,
including, but not limited to: structures, including manufactured homes as defined in JCC
15.15.050030, and for all development including fill and other activities, as defined in JCC
15.15.050030.
(2) A development permit shall be obtained before construction or development begins within
any area of special flood hazard established in JCC 15.15.060040(1).
(3) Application for a development permit shall be made on forms furnished by the department of
community development floodplain administrator for Jefferson County and may include, but not
be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures, fill, storage of materials,
drainage facilities, and the location of the foregoing. Specifically, tThe following submittal
information is required:
(i) Elevation in relation to mean sea level of the lowest floor (including basement) of all
structures recorded on a current elevation certificate with Section B completed by the
local official;
(ii) Elevation in relation to mean sea level to which any structure has been floodproofed;
(iii) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet floodproofing criteria in JCC
15.15.080(2)(b); and
(iv) Description of the extent to which a watercourse will be altered or relocated as a
result of proposed development.;
(v) A V-zone design certificate, if a structure is proposed in a V, V1-30, or VE zone;
(vi) An engineering analysis indication no rise of the Base Flood Elevation, if
development is proposed in a floodway; and
(vii) Any other such information that may be reasonably required by the Floodplain
floodplain Administrator administrator in order to review the application.
(4) A development permit under this chapter shall be processed as a Type 1 permit decision
pursuant to JCC 18.40.260 and applicable sections of chapter 18.40 JCC. Any decision by the
floodplain administrator may be appealed to superior court, consistent with chapter 36.70C RCW
(Land Use Petition Act).
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15.15.070 075 dSpecial flood hazard area variance.
(1) A special flood hazard area variance permit shall be processed as a Type III decision pursuant
to JCC 18.40.280 and applicable sections of chapter 18.40 JCC.
(a) The hearing examiner shall conduct a pre-decision hearing on a variance request in
accordance with chapters 2.30 and 18.40 of the Jefferson County Code.
(b) Upon consideration of the factors listed in this section and the purposes, objectives
and findings of fact for this chapter contained in JCC 15.15.010, the hearing examiner
may attach reasonable conditions to the grant of a variance request as may be necessary
to further the purposes of this chapter.
(c) Any decision by the hearing examiner is a final decision of the county that may be
appealed to superior court, consistent with JCC 2.30.130.
(d) The floodplain administrator shall maintain records of any appeal action and report
any variance granted to the Federal Insurance Administrator.
(2) Burden of proof; variances seldom granted.
(a) Burden of proof for request for variance. The applicant bears the burden of proof to
demonstrate by a preponderance of the evidence that the application meets all of the
applicable criteria for granting a variance. Flood hazard variances are not favored and
the applicant bears the burden of proof to show that there is no reasonable alternative to
granting a variance.
(b) Request for variance, generally. It is the duty of Jefferson County under federal and
state law to use its regulatory authority to protect the citizens of Jefferson County from
flooding. Given the compelling need to protect human life and property from flooding,
variances are granted sparingly, and only due to a unique characteristic of the land itself
(not the structure or property owners) that is not shared by parcels in the vicinity.
(3) Parameters for granting of a variance under the National Flood Insurance Program.
(a) Variances as interpreted in the National Flood Insurance Program are based on the
general zoning law principle that they pertain to a physical piece of property; they are
not personal in nature and do not pertain to the structure, its inhabitants, economic or
financial circumstances. They primarily address small lots in densely populated
residential neighborhoods. As such, variances from the flood elevations should be quite
rare.
(b) Variances may be issued for nonresidential buildings in very limited circumstances to
allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can
be determined that such action will have low damage potential, complies with all other
variance criteria except subsection (4)(d) of this section, and otherwise complies with
JCC 15.15.080(1)(a), (1)(c), and (1)(d).
(ac) Generally, the only condition under which a variance from the elevation standard
may be issued is for new construction and substantial improvements to be erected on a
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small or irregularly-shaped lot contiguous to and surrounded by lots with existing
structures constructed below the base flood level. As the lot size increases, the technical
justification required for issuing the variance increases.
(bd) Variances shall not be issued within a designated floodway if any increase in flood
levels during the base flood discharge would result.
(ce) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(f) In considering a variance application, the decision maker shall consider all
technical evaluations, all relevant factors, and all standards specified in other
sections of this chapter.
(3) General variance criteria. Variances shall only be issued upon:
(a) A showing by the applicant of good and sufficient cause, demonstrating consistency
with the factors identified in this section and the purpose and intent of this chapter;
(b) A determination that failure to grant the variance would result in exceptional hardship
to the applicant;
(c) A determination that the variance is conditioned to be the minimum necessary to
afford relief, considering the area of special flood hazard;
(d) A determination that the granting of the variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense; and
(e) A determination that the granting of the variance will not cause a public nuisance,
fraud on or victimization of the public, or conflict with Jefferson County Code.
(4) Special flood hazard area variance factors to consider. The decision maker must consider
the following factors in determining whether to grant a special flood hazard variance, and
make detailed findings concerning their applicability:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
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(f) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(i) The safety of access to the property in time of flood for ordinary and emergency
vehicles;
(j) The expected height, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site; and
(k) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities, such as sewer, gas,
electrical, water system, and streets and bridges.
(4) Conditions for Variances.
(a) Generally, the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a small or
irregularly shaped lot contiguous to and surrounded by lots with existing structures
constructed below the base flood level. As the lot size increases, the technical justification
required for issuing the variance increases.
(b) Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result.
(c) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(d) Variances shall only be issued upon:
(i) A showing of good and sufficient cause;
(ii) A determination that failure to grant the variance would result in exceptional
hardship to the applicant;
(iii) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
(e) Variances as interpreted in the National Flood Insurance Program are based on the
general zoning law principle that they pertain to a physical piece of property; they are not
personal in nature and do not pertain to the structure, its inhabitants, economic or financial
circumstances. They primarily address small lots in densely populated residential
neighborhoods. As such, variances from flood elevations should be quite rare.
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(f) Variances may be issued for nonresidential buildings in very limited circumstances to
allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be
determined that such action will have low damage potential, complies with all other variance
criteria except subsection (4)(b) of this section, and otherwise complies with JCC
15.15.080(1)(a), (1)(c), and (1)(d).
(5) Any applicant to whom a variance is granted shall be given written notice that the permitted
structure will be built with its lowest floor below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk.
(i) The danger that materials may be swept onto other lands to the injury of others;
(ii) The danger to life and property due to flooding or erosion damage;
(iii) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(iv) The importance of the services provided by the proposed facility to the community;
(v) The necessity to the facility of a waterfront location, where applicable;
(vi) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(vii) The compatibility of the proposed use with existing and anticipated development;
(viii) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(ix) The safety of access to the property in time of flood for ordinary and emergency
vehicles;
(x) The expected height, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site; and
15.15.080 Standards for flood hazard reduction.
(1) General Standards. In all areas of special flood hazards, the following standards are required:
(a) Anchoring.
(i) All new construction and substantial improvements, including those related to
manufactured homes, shall be anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
(ii) All manufactured homes (including park model manufactured homes) shall be
anchored to prevent flotation, collapse, or lateral movement, and shall be installed using
methods and practices that minimize flood damage. Anchoring methods may include,
but are not limited to, use of over-the-top or frame ties to ground anchors.
(b) Construction Materials and Methods.
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(i) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
(ii) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(iii) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other
service facilities shall be designed so as to prevent water from entering or accumulating
within the components during conditions of flooding. Locating such equipment below
the base flood elevation may cause annual flood insurance premiums to be increased.
(c) Storage of Materials and Equipment.
(i) The storage or processing of materials that could be injurious to human, animal, or
plant life if released due to damage from flooding is prohibited in special flood hazard
areas.
(ii) Storage of other material or equipment may be allowed if not subject to damage by
floods and if firmly anchored to prevent flotation, or if readily removable from the area
within the time available after flood warning.
(d) Utilities.
(i) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems;
(ii) Water wells shall be located on high ground that is not in the floodway;
(iii) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems
into floodwaters; and
(iv) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(e) Subdivision proposals and other development involving: creation of 50 or more lots, or
development of an area five or more acres in size, whichever is less. Any proposal under
section shall:Other Development Where 50 or More Lots Are Being Created or the Project
Includes Five or More Acres.
(i) All subdivision proposals shall bBe consistent with the need to minimize flood
damage;
(ii) All subdivision proposals shall hHave public utilities and facilities, such as sewer,
gas, electrical, and water systems, located and constructed to minimize or eliminate
flood damage;
(iii) All subdivision proposals shall hHave adequate drainage provided to reduce
exposure to flood damage; and
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(iv) Generate base flood elevation data if it has not been provided or is not available
from another authoritative source.
Where base flood elevation has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least 50 lots or five acres (whichever is less).
(f) Review of building permits. Where elevation data is not available either through the flood
insurance study, FIRM, or from another authoritative source (JCC 15.15.070050(32)(b)),
applications for building permits shall be reviewed to assure that proposed construction will
be reasonably safe from flooding. The test of reasonableness is a local judgment and includes
use of historical data, high water marks, photographs of past flooding, etc., where available.
Failure to elevate at least two feet above the highest adjacent grade in these zones may result
in higher insurance rates.
(2) Specific Standards. In all areas of special flood hazards where base flood elevation data has
been provided as set forth in JCC 15.15.060040(21) (Basis for Establishing the Areas of Special
Flood Hazard) or JCC 15.15.070050(32)(b) (Use of Other Base Flood Data), the following
standards are required:
(a) Residential Construction.
(i) In AE and A1-30 zones or other A zoned areas where the base flood elevation
(“BFE”) has been determined or can be reasonably obtained, new construction and
substantial improvement of any residential structure shall have the lowest floor,
including basement, and all machinery, utilities and mechanical equipment elevated one
foot or more above the BFE.
(i) (ii) N ew construction and substantial improvement of any residential structure shall
have the lowest floor, including basement, elevated one foot or ore above the base flood
elevation (BFE) in an AO zone shall meet the requirements in 15.15.080(5).
(iii) Mechanical equipment and utilities in an AO zone shall be elevated at least one foot
above the depth number identified on the community’s FIRM and designed so as to
prevent water from entering or accumulating within the components during flooding.
(iv) New construction and substantial improvement of any residential structure in an
Unnumbered A zone for which a BFE is not available and cannot be reasonably obtained
shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least
two feet above the Highest Adjacent Grade.
(v) New construction and substantial improvement of any residential structure in a V
zone shall meet the requirements in 15.15.080(6).
(vi) Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer or architect or
must meet or exceed the following minimum criteria:
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(A) The design must include A a minimum of two openings having with a total net
area of not less than one square inch for every square foot of enclosed area subject to
flooding shall be provided.:
(B) The bottom of all openings shall be no higher than one foot above grade. and
(C) Openings may be equipped with screens, louvers, valves or other coverings or
devices; provided that they permit the automatic entry and exit of flood waters; and
(D) A garage attached to a residential structure, constructed with the garage floor slab
below the BFE, must be designed to allow for the automatic entry and exit of flood
waters.
Alternatively, a registered engineer or architect may design and certify engineered
openings.
(b) Nonresidential Construction. New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated one foot or more above the base flood elevation; or, together
with attendant utility and sanitary facilities, shall: meet the following requirements:
(i) Preferred alternative. All of the requirements of this subsection (i) of this section
shall be met if feasible. If not feasible, the requirements of subsection (ii) must be met:
(i) Be floodproofed so that below one foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water;
New construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall meet all of the following requirements:
(AA) In AE and A1-30 zones or other A zoned areas where the BFE has been
determined or can be reasonably obtained, new construction and substantial
improvement of any commercial, industrial, or other nonresidential structure shall
have the lowest floor, including basement, elevated one foot or more above the BFE,
or elevated as required by ASCE 24, whichever is greater. Mechanical equipment and
utilities shall be waterproofed or elevated least one foot above the BFE, or as required
by ASCE 24, whichever is greater.;
(BB) If located in an AO zone, the structure shall meet the requirements in JCC
15.15.080 (5).);
(CC) If located in an Unnumbered A zone for which a BFE is not available and
cannot be reasonably obtained, the structure shall be reasonably safe from flooding,
but in all cases the lowest floor shall be at least two feet above the Highest Adjacent
Grade.;
(DD) If located in a V, V1-30, or VE zone, the structure shall meet the requirements
in 15.15.080 (6).); and
(EE) Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on
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exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria:
(11) Have a minimum of two openings with a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding.;
(22) The bottom of all openings shall be no higher than one foot above grade.;
(33) Openings may be equipped with screens, louvers, valves, or other coverings
or devices provided that they permit the automatic entry and exit of floodwater.;
and
(44) A garage attached to a residential structure, constructed with the garage floor
slab below the BFE, must be designed to allow for the automatic entry and exit of
flood waters.
Alternatively, a registered engineer or architect may design and certify engineered
openings.
(ii) If the requirements of subsection (1) of this section are not met, then new
construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall meet all of the following requirements:
(A) Be dry floodproofed so that below one foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water or
dry floodproofed to the elevation required by ASCE 24, whichever is greater;
(B) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
(C) Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications and plans. Such certifications shall be provided to the
official as set forth in Section 15.15.070 (2); and
(D) For nonresidential structures that are elevated and not floodproofed, must meet
the same standards for space below the lowest floor as described in 15.15.080 (2)(a)
(vi).
(iii) Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications and plans. Such certifications shall be provided to the
official as set forth in JCC 15.15.070 (3) (c)(ii); and
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(iv) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in subsection 2 (a) (ii) of this
section.
(c) Manufactured Homes. All manufactured homes in the floodplain to be placed or
substantially improved on sites within the special flood hazard area shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home and all
machinery, utilities and equipment is elevated one foot or more above the base flood
elevation and be securely anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
(i) Outside a manufactured home park or subdivision; when.
(ii) In a new manufactured home park or subdivision;
(iii) An expansion to an existing manufactured home park or subdivision;
(iv) On a site in an existing park where a manufactured home has incurred substantial
damage as a result of a flood.
(d) Recreational vehicles, including park models. Recreational vehicles placed on sites
within the special flood hazard area are required to either:
(i) Be on the site for fewer than 180 consecutive days;
(ii) Be fully licensed and ready for highway use, on wheels or jacking system, attached
to the site only by quick disconnect type utilities and security devices, and have no
permanently attached additions; or
(iii) Meet the requirements of subsection (2)(c) of this section and the elevation and
anchoring requirements for manufactured homes.
(e) Enclosed Area Below the Lowest Floor. If a building or manufactured home is
constructed or substantially improved with fully enclosed area below the lowest floor, the
area shall be used solely for parking of vehicles, building access, or storage.
(3) AE and A1-30 Zones with Base Flood Elevations But No Floodways. In areas with base
flood elevations (but a regulatory floodway has not been designated), no new construction,
substantial improvements, or other development (including fill) shall be permitted within zones
A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood more than one foot at any point
within the community.
(4) Floodways. Areas designated as floodways are located Located within areas of special flood
hazard established in JCC 15.15.040 are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of floodwaters that can carry debris, and increase
erosion potential, the following standards apply:
30
(a) No Rise Standard. Prohibit eEncroachments, including fill, new construction, substantial
improvements, and other development are prohibited, unless certification by a registered
professional engineer is provided demonstrating through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed encroachment
would not result in any increase in flood levels during the occurrence of the base flood
discharge;
(b) Residential Construction in the Floodways. Construction or reconstruction of residential
structures is prohibited within designated floodways, except for:
(i) repairs, reconstruction, or improvements to a structure which do not increase
the ground floor area; and
(ii) repairs, reconstruction or improvements to a structure, the cost of which does
not exceed 50 percent of the market value of the structure either:
(A) before the repair, or reconstruction is started, or
(B) if the structure has been damaged, and is being restored, before the
damage occurred. Any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living
conditions, or to structures identified as historic places, may be excluded
in the 50 percent;
(c) If the “no-rise” standard contained in subsection (4)(a) of this section is satisfied, all new
construction and substantial improvements shall comply with all applicable flood hazard
reduction provisions of this section. ; and
(d) Replacement of Farmhouses in Floodway.
Repairs, reconstruction, replacement, or improvements to existing farmhouse structures (as
defined in JCC15.15.030) located in designated floodways and that are located on lands
designated as agricultural lands of long-term commercial significance under RCW
36.70A.170 may be permitted subject to the following:
(i) The new farmhouse is a replacement for an existing farmhouse on the same farm site;
(ii) There is no potential building site for a replacement farmhouse on the same farm
outside the designated floodway;
(iii) Repairs, reconstruction, or improvements to a farmhouse shall not increase the total
square footage of encroachment of the existing farmhouse;
(iv) A replacement farmhouse shall not exceed the total square footage of encroachment
of the farmhouse it is replacing;
(v) A farmhouse being replaced shall be removed, in its entirety, including foundation,
from the floodway within ninety days after occupancy of a new farmhouse;
31
(vi) For substantial improvements and replacement farmhouses, the elevation of the
lowest floor of the improvement and farmhouse respectively, including basement, is a
minimum of one foot higher than the BFE;
(vii) New and replacement water supply systems are designed to eliminate or minimize
infiltration of flood waters into the system;
(viii) New and replacement sanitary sewerage systems are designed and located to
eliminate or minimize infiltration of flood water into the system and discharge from the
system into the flood waters; and
(ix) All other utilities and connections to public utilities are designed, constructed, and
located to eliminate or minimize flood damage.
(5) Standards for Shallow Flooding Areas (AO Zones). Shallow flooding areas appear on
FIRMs as AO zones with depth designations. The base flood depths in these zones range from
one to three feet above ground where a clearly defined channel does not exist, or where the path
of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually
characterized as sheet flow. In these areas, the following provisions apply:
(a) New construction and substantial improvements of residential structures and
manufactured homes within AO zones shall have the lowest floor (including basement,
utilities and mechanical equipment) elevated above the highest adjacent grade to the
structure, one foot or more above the depth number specified in feet on the community’s
FIRM (at least two feet above the highest adjacent grade to the structure if no depth number
is specified);
(b) New construction and substantial improvements of nonresidential structures within AO
zones shall either:
(i) Have the lowest floor (including basement) elevated above the highest adjacent grade
of the building site, one foot or more above the depth number specified on the FIRM (at
least two feet if no depth number is specified). Recorded on a current elevation
certificate with Section E completed; or
(ii) Together with attendant utility and sanitary facilities, be floodproofed to or above
that level so that any space below that level is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If
this method is used, compliance shall be certified by a registered professional engineer
or architect as in subsection (2)(b)(iii) of this section;
(c) Require adequate drainage paths around structures on slopes to guide floodwaters around
and away from proposed structures; and
(d) If a recreational vehicle is placed on a site within an AO zone on the community’s FIRM,
the recreational vehicle is Recreational vehicles placed on sites within AO zones on the
community’s FIRM are required to either:
(i) Be on the site for fewer than 180 consecutive days; or
32
(ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security devices, and has
no permanently attached additions; or
(iii) Meet the requirements of subsections (5)(a) and (5)(c) of this section and the
anchoring requirements for manufactured homes (subsection (1)(a) of this section).
(6) Coastal High Hazard Areas. Coastal high hazard areas are located Located within areas of
special flood hazard established in JCC 15.15.040(2) are coastal high hazard areas, and are
designated as zones V1-30, VE and/or V. These areas have special flood hazards associated with
high velocity waters from surges. and therefore, inIn addition to meeting all other provisions in
this chapter, the following provisions shall also apply:
(a) All new construction and substantial improvements in zones V1-30 and VE (V if base
flood elevation data is available) on the community’s FIRM shall be elevated on pilings and
columns so that:
(i) The bottom of the lowest horizontal structural member of the lowest floor (excluding
the pilings or columns) is elevated one foot or more above the base flood level or meets
the elevation requirements of ASCE 24, whichever is higher; and
(ii) The pile or column foundation and structure attached thereto is anchored to resist
flotation, collapse and lateral movement due to the effects of wind and water loads
acting simultaneously on all building components. Wind and water loading values shall
each have a one percent chance of being equaled or exceeded in any given year (100-
year mean recurrence interval).
A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction, and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of subsections (6)(a)(i) and (ii) of this section;
(b) Obtain OThe applicant shall obtain the elevation (in relation to mean sea level) of the
bottom of the lowest structural member of the lowest floor (excluding pilings and columns)
of all new and substantially improved structures in zones V1-30, VE, and V on the
community’s FIRM and disclose whether or not t suchthe structures contains a basement.
The development service managerdevelopment service manager floodplain administrator
shall maintain a record of all such information;
(c) All new construction within zones V1-30, VE, and V on the community’s FIRM shall be
located landward of the reach of mean high tide;
(d) Provide that aAll Provide that all nnew construction and substantial improvements within
zones V1-30, VE, and V on the community’s FIRM shall have the space below the lowest
floor either free of obstruction or constructed with non-supporting breakaway walls, open
wood lattice-work, or insect screening intended to collapse under wind and water loads
without causing collapse, displacement, or other structural damage to the elevated portion of
the building or supporting foundation system. For the purposes of this subsection, a
breakaway wall shall have a design safe loading resistance of not less than 10 and no more
33
than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading
resistance of 20 pounds per square foot (either by design or when so required by local or
state codes) may be permitted only if a registered professional engineer or architect certifies
that the design proposed meets the following conditions:
(i) Breakaway wall collapse shall result from water load less than that which would
occur during the base flood; and
(ii) The elevated portion of the building and supporting foundation system shall not be
subject to collapse, displacement, or other structural damage due to the effects of wind
and water loads acting simultaneously on all building components (structural and
nonstructural). Maximum wind and water loading values to be used in this determination
shall each have a one percent chance of being equaled or exceeded in any given year
(100-year mean recurrence interval).
If breakaway walls are utilized, such enclosed space shall be usable solely for parking of
vehicles, building access, or storage. Such space shall not be used for human habitation;
(e) Prohibit tThe use of fill for structural support of buildings within zones V1-30, VE, and
V on the community’s FIRM is prohibited;
(f) Prohibit manmadeAnthropogenic alteration of sand dunes within zones V1-30, VE, and V
on the community’s FIRM which is prohibited, if the alteration would increase potential
flood damage;
(g) All manufactured homes to be placed or substantially improved within zones V1-30, V,
and VE on the community’s FIRM shall meet the standards of subsections (6)(a) through (f)
of this section. Manufactured homes placed or substantially improved on other sites in an
existing manufactured home park or subdivision within zones V1-30, V, and VE on the
FIRM shall meet the requirements of subsection (2)(c)(ii) of this section. This subsection
applies to manufactured homes placed on the following sites:
(i) Outside of a manufactured home park or subdivision;
(ii) In a new manufactured home park or subdivision;
(iii) In an expansion to an existing manufactured home park or subdivision; or
(iv) In an existing manufactured home park or subdivision on which a manufactured
home has incurred “substantial damage” as the result of a flood; shall meet the standards
of subsections (6)(a) through (f) of this section and manufactured homes placed or
substantially improved on other sites in an existing manufactured home park or
subdivision within zones V1-30, V, and VE on the FIRM shall meet the requirements of
subsection (2)(c)(ii) of this section; and
(h) All Recreational recreational vehicles placed on sites within zones V1-30, V, and VE on
the community’s FIRM eithershall meet the following requirements:
(i) Be on the site for fewer than 180 consecutive days; or
34
(ii) Be fully licensed and ready for highway use, on its wheels or jacking system,
attached to the site only by quick disconnect type utilities and security devices, and have
no permanently attached additions; or
(iii) Meet the requirements of JCC 15.15.070(1)(a) (Development Permit permit
Requiredrequired) and subsections (6)(a) through (f) of this section.
(7) Critical Facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of
the special flood hazard area (“SFHA”) (100-year floodplain). Construction of new critical
facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical
facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE
or to the height of the 500-year flood, whichever is higher. , and Access access to and from the
critical facility should also be protected to the that height utilized above. Floodproofing and
sealing measures must be taken to ensure that toxic substances will not be displaced by or
released into floodwaters. Access routes elevated to or above the level of the base flood elevation
shall be provided to all critical facilities to the extent possible.
(8) Appurtenant Structures (Detached Garages garages and Storage storage Structuresstructures).
In A zones (A, AE, A1-30, AH, AO), appurtenant structures used solely for parking of vehicles,
storage, or access may be constructed such that the floor is below the BFE, provided the structure
is designed and constructed in accordance with the following requirements:
(a) Use of the appurtenant structure must be limited to parking of vehicles or storage;
(b) The portions of the appurtenant structure located below the BFE must be built using
flood-resistant materials;
(c) The appurtenant structure must be adequately anchored to prevent flotation, collapse, and
lateral movement;
(d) Any machinery or equipment servicing the appurtenant structure must be elevated or
floodproofed to or above the BFE;
(e) The appurtenant structure must comply with floodway encroachment provisions in
subsection (4)(a) of this section; and
(f) The appurtenant structure must be designed to allow for the automatic entry and exit of
floodwaters in accordance with subsection (2)(a)(ii) of this section.
Detached garages, storage structures, and other appurtenant structures not meeting the above
standards must be constructed in accordance with all applicable standards in subsection (1)(b) of
this section.
Upon completion of the structure, certification that the requirements of this section have been
satisfied shall be provided to the floodplain administrator for verification.
(9) General Requirements for Other Development.
35
All development, including manmade anthropogenic changes to improved or unimproved real
estate for which specific provisions are not specified in this ordinance or the state building codes
with adopted amendments and any Jefferson County amendments, shall:
a) Be located and constructed to minimize flood damage;
b) Meet the encroachment limitations of this ordinance if located in a regulatory floodway;
c) Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood;
d) Be constructed of flood damage-resistant materials;
e) Meet the flood opening requirements of Section 5.2-1(5), ); and
f) Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of building code for
wet locations.
(10) Livestock Sanctuaries. Elevated areas for the for the purpose of creating a flood sanctuary for
livestock are allowed on farm units where livestock is allowed. Livestock flood sanctuaries shall
be sized appropriately for the expected number of livestock and be elevated sufficiently to protect
livestock. Proposals for livestock flood sanctuaries shall meet all procedural and substantive
requirements of this chapter.
15.15.090 Enforcement.
The provisions of this chapter shall be enforced under Title 19 of the Jefferson County Code.
Jefferson County may seek any remedy available under law as is necessary to prevent or correct
any violation of this chapter.
15.15.095 Severability.
The provisions of this code are declared separate and severable. If any section, clause, sentence,
or phrase of this chapter is held to be invalid or unconstitutional by any court of competent
jurisdiction, that holding shall in no way affect the validity of remainder of the code or
application of its provision to other persons or circumstances.
36
APPENDIX B – Chapter 18.40 JCC Amendments
Table 8-1. Permits – Decisions
Type I1 Type II Type III Type IV Type V
Septic permits Classification of unnamed
and discretionary uses
under Article II of
Chapter 18.15 JCC
Variances under
JCC 18.22.250
Special flood hazard
area variances under
JCC 15.15.075
Final plats under
Chapter 18.35 JCC
Special use permits,
such as for siting
essential public
facilities under
JCC 18.15.110
Allowed uses not
requiring notice of
application (e.g., “Yes”
uses listed in Table 3-1
in JCC 18.15.040,
building permits, special
flood hazard area
development permits,
etc.)
Release of six-year FPA
moratorium for an
individual single-family
residence under
JCC 18.20.160
PRRDs under Article VI-
M of Chapter 18.15 JCC
and major amendments
to PRRDs under
JCC 18.15.545(3)
Final PRRDs under
Article VI-M of
Chapter 18.15 JCC
Jefferson County
Comprehensive Plan
amendments under
Chapter 18.45 JCC
Minor amendments to
planned rural residential
developments (PRRDs)
under JCC 18.15.545
Cottage industries under
JCC 18.20.170
Temporary housing
facilities under
JCC 18.20.385
Shoreline substantial
development permits,
conditional use permits,
and variance permits
under the Jefferson
County shoreline master
program (SMP)
Amendments to
development
regulations
Home businesses
approved under
JCC 18.20.200
Short subdivisions under
Article III of
Chapter 18.35 JCC
Plat alterations and
vacations under
JCC 18.35.030(3)
Amendments to the
Jefferson County
SMP
Temporary outdoor use
permits under
JCC 18.20.380
Binding site plans under
Article V of
Chapter 18.35 JCC
Long subdivisions under
Article IV of
Chapter 18.35 JCC
Subarea and utility
plans and
amendments thereto
Stormwater management
permits under
JCC 18.30.070
Administrative conditional
use permits under
JCC 18.40.520(1) and
listed in Table 3-1 in
JCC 18.15.040 as “C(a)”
Discretionary conditional
use permits under
JCC 18.40.520(2) [i.e.,
listed in Table 3-1 in
JCC 18.15.040 as
“C(d)”] where required
by administrator
Development
agreements and
amendments thereto
under Article XI of
this chapter
Road access permits
under JCC 18.30.080
Discretionary conditional
use permits under
JCC 18.40.520(2) listed in
Table 3-1 in
JCC 18.15.040 as “C(d)”
unless Type III process
required by administrator
Conditional use permits
under JCC 18.40.520(3)
[i.e., uses listed in Table
3-1 in JCC 18.15.040 as
“C”]
Master plans for
master planned
resorts
Sign permits under
JCC 18.30.150
Minor variances under
JCC 18.40.640(2)
Major variances under
JCC 18.40.640(3)
Amendments to the
Unified Development
Code Boundary line
adjustments under
Article II of
Chapter 18.35 JCC
Administrative conditional
use permits, under
Jefferson County SMP,
JCC 18.25.620(3) listed in
JCC 18.25.220,
Table 18.25.220 as “C(a)”
Wireless
telecommunications
permits under
JCC 18.20.130 and
Chapter 18.42 JCC
37
Table 8-1. Permits – Decisions
Type I1 Type II Type III Type IV Type V
Discretionary conditional
use permits under
Jefferson County SMP,
JCC 18.25.620(4) listed in
JCC 18.25.220,
Table 18.25.220 as “C(d),”
unless Type III process
required by administrator
Minor adjustments to
approved preliminary
short plats under
JCC 18.35.150
Wireless
telecommunications
permits under
JCC 18.20.130 and
Chapter 18.42 JCC
Major industrial
development conditional
use approval under
Article VIII of
Chapter 18.15 JCC
Forest practices release
of a moratorium under
Chapter 18.20 JCC
Minor amendments to
approved preliminary
long plats under
JCC 18.35.340
Small-scale recreation
and tourist (SRT) uses in
SRT overlay district under
JCC 18.15.572.
Plat alterations under
JCC 18.35.670 Site development review
under Article VII of this
chapter
Exemptions under the
Jefferson County SMP
Revisions to permits
issued under the
Jefferson County SMP
Boundary line
agreements under Article
VIII of
Chapter 18.35 JCC
Residential development
exception pursuant to
JCC 18.12.080
Innocent purchasers for
value determinations
pursuant to
JCC 18.12.100
1 If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of
JCC 18.40.150 through 18.40.220 and Article X of this chapter (the SEPA integration section).
Table 8-2. Action Types – Process
Project Permit Application Procedures (Types I – IV) Legislative
Type I Type II Type III Type IV Type V
Recommendation
made by:
Project
planner
Project planner Project planner N/A Planning commission1
Final decision
made by:
Administrator Administrator Hearing examiner Board of county
commissioners
Board of county
commissioners
Notice of
application:
No Yes Yes No N/A
Open record
public hearing:
No Only if administrator’s
decision is appealed,
open record hearing
before hearing
examiner
Yes, before
hearing examiner,
prior to permit
decision by the
hearing examiner
No Yes, before planning
commission to make
recommendation to board
of county commissioners1
Closed record
appeal/final
decision:
No No No N/A Yes, or board of county
commissioners could hold
its own hearing
38
Table 8-2. Action Types – Process
Project Permit Application Procedures (Types I – IV) Legislative
Type I Type II Type III Type IV Type V
Judicial appeal: Yes Yes Yes Yes Yes2
1Type V land use actions are subject to review and recommendation by the planning commission, except
for utility plans, ordinances or regulations that address procedural issues related to land use planning,
interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative
boards or courts of law.
2Pursuant to RCW 36.70A.250 and 36.70A.280, the Western Washington Growth Management Hearings
Board (WWGMHB) is authorized to hear and determine petitions alleging that the county is not in
compliance with the requirements of Chapter 36.70A RCW, Chapter 90.58 RCW as it relates to the
adoption of the Shoreline Master Program, or Chapter 43.21C RCW as it relates to plans, development
regulations, or amendments, adopted under RCW 36.70A.040 or Chapter 90.58 RCW. Direct judicial
review may also be obtained pursuant to RCW 36.70A.295.
If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice
requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter (the SEPA
integration section).
SUMMARY OF DECISION-MAKING
Type I: In most cases, administrative without notice. However, if a Type I permit is not categorically exempt under SEPA,
then, administrative with notice.
Type II: Administrative with notice. Final decision by administrator unless appealed. If appealed, open record hearing and
final decision by hearing examiner.
Type
III:
Notice and open record public hearing before the hearing examiner. Final decision by hearing examiner. Appeal to
superior court.
Type
IV:
Closed record decision by board of commissioners during a regular public meeting. Type IV decisions are purely
ministerial in nature (see Article IV of Chapter 18.35 JCC).
Type V: Notice and public hearing before planning commission, with planning commission recommendation to board of
county commissioners, except for utility plans, ordinances or regulations that address procedural issues related to
land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state
administrative boards or courts of law. Notice and public hearing before board of county commissioners with final
legislative action by the board of county commissioners (see Chapter 18.45 JCC).