HomeMy WebLinkAbout031224 email - RE_ CUP inconsistenciesGreetings Commissioners:
Here is the reply from our SMP consultants to the contention below:
Based on Ecology’s analysis of the numbers of CUP/Variances in Jefferson County and considering the degree of impact associated with these modifications, we shifted a number of buoys
and beach access structures from CUP to P (= “use may be permitted,” Table 18.25.220) in certain environments, and changed nonresidential boat launches from CUP to P in the Conservancy
environment (to remove a barrier to development of public boat launches which should reduce the need/demand for proliferation of private boat launches). We added more regulations/sideboards
to each of those modifications to make sure the environment was appropriately protected. There were no state requirements for those modifications to be CUPs, and most jurisdictions
did not require CUPs for those modifications.
Additionally, the staff proposal included attempts to implement Board’s resolution on regulatory reform. One of those would be changing Substantial Development Permits (SDP) back to
a Type II process from the Type III process currently in code.
None of that has to do with the local government obligation per amended WAC to require a CUP for geoduck aquaculture (except conversation, which is a local decision). As explained previously,
the type of permit process to get to a CUP decision is Jefferson County’s prerogative. See the consultant/staff memorandum on the topic of geoduck aquaculture and CUPs for more detail.
I don’t believe I would say to Mr. King (or anyone) that we can’t change other things during this SMP periodic review process; I can picture saying something to the effect that our objective
was not to revisit the use table in the SMP en masse (i.e., re-analyze each and every use therein).
Regards,
Josh
Josh D. Peters, AICP (he/him/his)
Director
Jefferson County Department of Community Development (DCD <https://www.co.jefferson.wa.us/260/Community-Development> )
360-379-4488
Note: email subject to disclosure per Public Records Act, RCW 42.56
From: Gordon King <GordonK@taylorshellfish.com>
Sent: Thursday, February 29, 2024 8:42 AM
To: Josh Peters <JPeters@co.jefferson.wa.us>; Kate Dean <KDean@co.jefferson.wa.us>; Heidi Eisenhour <HEisenhour@co.jefferson.wa.us>; Greg Brotherton <GBrotherton@co.jefferson.wa.us>
Subject: CUP inconsistencies
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I asked Josh on Monday to help me understand why geoduck farming was the only shoreline activity to be required to get a full CUP in the Update. He explained to me that the Update is
to consider new information and regulation changes since the original SMP was enacted and that the changes in State law mean that adjustments should be made for geoduck farm permitting
where as other shoreline activities have not had changes in State law so the County can't consider them for adjustment.
If I am misstating what you said please correct me on this Josh.
Josh I heard your explanation and while I still didn't think it was fair for geoduck farm permitting to be treated so harshly, I thought at least there was some rational to the argument.
Which was good until I went and looked at pages 65-70 of the edited draft update where a table lists shoreline activities and which permit they require. I see that that there have been
numerous changes to the required permits, easing and streamlining the permitting process for activities that are known to have a negative impact on the County's marine ecology. The
exception is aquaculture where it has become more onerous.
I ask you again why is it that geoduck farming is the only activity to require a full CUP?
Gordon King
Director of Mussel Farms
130 SE Lynch RD Shelton, WA 98584
W: 360-432-3338| C: 360-490-9511
gordonk@taylorshellfish.com <mailto:gordonk@taylorshellfish.com>