HomeMy WebLinkAboutHEARING re Flood Damage CONTINUED JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Phil Cecere,Building Official/Fire Marshal
Greg Ballard, Development Code Administrator
DATE: 11/04/2024
SUBJECT: CONTINUED HEARING AND DELIBERATIONS re: An Ordinance
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
STATEMENT OF ISSUE: The Department of Community Development(DCD)requests a
continuation to a public hearing and deliberations to update JCC Title 15 as it pertains to flood
damage prevention. The proposed ordinance has been reviewed and recommended by The Jefferson
County Planning Commission. The October 28, 2024 hearing was extended to allow the public to
make additional comments until 5:00 P.M. November 1, 2024.
ANALYSIS: In the fourth quarter of 2023,the Federal Emergency Management Agency (FEMA)
conducted an audit of Jefferson County's compliance with the National Flood Insurance Program
(NFIP)through implementation of Chapter 15.15 entitled Flood Damage Prevention. FEMA also
reviewed Chapter 15.15 to ensure the Floodplain Management regulations meet or exceed the
minimum criteria outlined in 44CFR Part 60.3 entitled Flood plain management criteria for flood-
prone areas. FEMA conducted this audit through a state agency, the Department of Ecology (ECY).
ECY toured the floodplain, inspected community permit files, and met with local appointed and
elected officials as part of the Customer Assistance Visit(CAV) audit that should occur once every
five years; Jefferson County's last CAV occurred more than twelve years ago.
The resulting proposed ordinance is a repeal and replace of JCC 15.15 and an amendment of JCC
18.040. The proposed ordinance includes changes that meet or exceed current minimum regulatory
standards for floodplain management. Some language and standards are placed to provide potential
enrollment in the National Flood Insurance Program(NFIP) Community Rating System (CRS). The
CRS program enrollment could reduce property owners flood insurance premiums. Reductions in
premiums are provided on a sliding scale depending on level of county eligibility.
The draft ordinance has been viewed and commented on by several advisory and regulatory bodies
including WA State Dept of Ecology, WA State Dept of Commerce, Jefferson County Planning
Commission, FEMA and Jefferson County Prosecutor's Office.
This draft ordinance follows SEPA and was issued a determination of non-significance by the county
SEPA responsible official.
FISCAL IMPACT:
There are no direct fiscal impacts as a result of this proposed update.
RECOMMENDATION:
Staff recommends the Board approve the request and hold a continuance of the public hearing and
deliberations.
REVIEWED BY:
,
Mark McCauley, o my Administrator Date
Please publish two(2)times: October 16, 2024 and October 23,2024
Contact Person: Chelsea Pronovost
Bill to: Jefferson County Community Development
621 Sheridan St
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
An Ordinance 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.
NOTICE IS HEREBY GIVEN that a public hearing has been set by the Jefferson County Board of
Commissioners(Board) for MONDAY. October 28. 2024 at 10:00 a.m. in the Commissioners'
Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368.Notice of said
public hearing is to be published in the official newspaper of Jefferson County.
The ordinance is available for viewing on the County website by clicking on:
www.cojefferson.wa.us—Services—Laserfiche Web Portal (username and password is: public)—
Board of Commissioners—BOCC Agenda Packets—2024 Weekly Agenda Items— 10 October 2024
— 102824—Hearing re Flood Damage Prevention
You are welcome to participate in this hearing. You will need to join the meeting by 10:00 a.m.
using the following methods: VIRTUALLY: Via the following Zoom, link:
https://zoom.us/j/93777841705, PHONE: Dial 1-253-215-8782 and enter access code: 937-7784-
1705#and press *9 to"raise your hand"to be called upon. Access for the hearing impaired can be
accommodated using Washington Relay Service at 1-800-833-6384,or IN-PERSON: in the Board
Chambers.
If you experience difficulties joining the meeting or viewing documents, please call 360-385-9100 to
report any issues.
In addition, written testimony is also invited beginning on October 16, 2024 and ending at the end of
the Public Hearing, unless extended by the Board. Written public testimony may be submitted by
Email to:jeffbocc`a co jefferson.wa.us You may view testimony received by clicking here:
www.cojefferson.wa.us—Services—Laserfiche Web Portal (username and password is: public—
Board of Commissioners—BOCC Agenda Packets—2024 Weekly Agenda Items—2024 Weekly
Agenda Items— 10 October 2024— 102824—Hearing re Flood Damage Prevention
You can also Mail your testimony to: Jefferson County Commissioners' Office; PO Box 1220, Port
Townsend, WA 98368. Written testimony must be received by the Board of County Commissioners
by the end of the hearing testimony period.
Signed this 14th day of October 2024.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
/S/Kate Dean, Chair
STATE OF WASHINGTON
County of Jefferson
An Ordinance 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 ORDINANCE NO.
Agency Community Rating System Program
Provisions; Repealing Ordinance No. 05-0513-
19; and Amending Section 18.40.040 of the
Jefferson County Code
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,Chapter 15.15 of the Jefferson County Code("JCC")and the Chapter 18.40
JCC in the local newspaper on June 19 and June 26, 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, 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 could result in 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; and,
NOW, THERFORE, BE IT ORDAINED, by the Board of County Commissioners of
Jefferson County, Washington:
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. Purpose. The purpose of this Ordinance is to amend the flood damage prevention
ordinance to comply with the NFIP administered by the FEMA.
Section 3. Repeal and Replace Prior Ordinance. This Ordinance repeals and replaces Ordinance
No. 05-0513-19 and Chapter 15.15 JCC, as set forth in Appendix A.
Section 4. Amendment of JCC 18.40.040. JCC 18.40.040 shall be amended as set forth in
Appendix B.
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Section 5.Effective Date. The Ordinance shall take effect immediately upon adoption by the Board
of County Commissioners.
Section 6. SEPA Compliance. All requirements of the State Environmental Policy Act ("SEPA")
have been met for the adoption of this ordinance, and no significant adverse probable impacts are
identified by the adoption of these regulations amending Chapter 15.15 JCC and Chapter 18.40
JCC. The proposed revisions to the flood damage prevention ordinance was duly noticed 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.
Section 7. Effective Date: This ordinance shall take effect immediately upon adoption.
Section 8. 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.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Kate Dean, Chair
Greg Brotherton, Member
Heidi Eisenhour, Member
SEAL:
ATTEST:
Carolyn Gallaway Date
Clerk of the Board
Approved as to form only:
Philip Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A-CHANCES TO CHAPTER 15.1 5 .1( (
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.
15.15.030 Definitions.
15.15.035 Compliance
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 exemptions.
15.15.070 Development permit required.
15.15.075 Special flood hazard area variance.
15.15.080 Standards 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 purpose of this chapter is to adopt floodplain management regulations designed to
promote the public health, safety, and general welfare of the citizens of Jefferson County,
pursuant to WAC 173-158-020.
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(b) 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:
(i) To protect human life and health;
(ii) To minimize expenditure of public money and costly flood control projects;
(iii)To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(iv)To minimize prolonged business interruptions;
(v) 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;
(vi) 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;
(viii) To ensure that potential buyers are notified that property is in an area of
special flood hazard;
(viii) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions; and,
(ix) 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,
(e) Preventing or regulating the construction of flood barriers that unnaturally divert
floodwaters or may increase flood hazards in other areas.
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15.15.020 Applicability.(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.
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.
15.15.030 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.
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"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").
"Base Flood Elevation (BFE): The elevation to which floodwater is anticipated to rise during the
base 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.
"Building" means"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
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flood event,on the average,equals or exceeds 25 percent of the market value of the structure before
the damage occurred.'
"Development" means any 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).
"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.
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(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) or flood-related erosion hazards. 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" means any flood-prone area or land area susceptible to being inundated by water
from any source. See"flood"or"flooding."
"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. Floodproofed 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.
"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. The "floodway" is also referred to as the
"regulatory floodway."
"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.
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"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. The term"manufactured home"does not include "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.
"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.
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"One-hundred-year flood"or"100-year flood"means "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.
This term includes park model recreational 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.
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"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, a park 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,
(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-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.
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15.15.035 Compliance
All development within special flood hazard areas is subject to the terms of this ordinance and
other applicable regulations.
(1) 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 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.
(2) Fines and/or imprisonment. Any person who violates this chapter or fails to comply with any
if its requirements shall be deemed to have committed a violation. Upon conviction thereof,
the violator may be fined no 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 lawful action as is
necessary to prevent or remedy any violation.
15.15.040 Adoption of Flood insurance rate map ("FIRM") and disclaimer of liability.
(1) 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 15.15.040(2)(b) shall be the
basis for regulation until a new FIRM is issued that incorporates data utilized under JCC
15.15.040(2)(b).
(2)Changes to Special Flood Hazard Area. If a project will alter the base flood elevation("BFE")
or boundaries of the special flood hazard area("SPHA")then the project proponent shall provide
the 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.
(3) 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.
(5) 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
15
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 Designation and duties of floodplain administrator.
(1) Designation of floodplain administrator. The Jefferson County Community Development
Director is hereby appointed to administer, enforce 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 floodplain administrator. Duties of the 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;
(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 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 Ho7ard, the 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) The floodplain administrator shall obtain and maintain information and data as follows:
(i) Where base flood elevation data is provided through the flood insurance study, FIRM,
or required as in subsection(2)(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. The information shall be recorded on a current elevation
certificate with Section B completed by the floodplain administrator.
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(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)Complete certification required by JCC 15.15.080(4).
(vi) Maintain records of all variance actions, including justification for their issuance.
(vii) 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. An appeal may only be granted if it is determined to be consistent
with the standards of 44 CFR 60.6 (National Flood Insurance Program federal regulations).
15.15.060 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, who shall retain
documentation of the decision.
(2) The following exemptions are limited in scope and shall not be approved if part of a larger
development proposal. After review and approval by the floodplain administrator, the following
may be exempt from the requirement for a flood development permit:
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(a)Routine maintenance of existing landscaping that does not involve grading,excavation,
or filling;
(b) 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;
(c) 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;
(d)Normal road maintenance,such as filling potholes,repaving,installing signs and traffic
signals; provided, that no expansion is proposed;
(e) 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,
(I)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 15.15.030, and for
all development including fill and other activities, as defined in JCC 15.15.030.
(2)A development permit shall be obtained before construction or development begins within any
area of special flood hazard established in JCC 15.15.040(1).
(3) Application for a development permit shall be made on forms furnished by the floodplain
administrator 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. The 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);
(iv)Description of the extent to which a watercourse will be altered or relocated as a result
of proposed development;
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(v)A V-zone design certificate, if a structure is proposed in a V, V 1-30, or VE zone;
(vi) An engineering analysis indicating 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
administrator in order to review the application.
(4)A development permit under this chapter shall be processed as a Type 1 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).
15.15.075 Special 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
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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 xa), (1)(c), and(1)(d).
(c) 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.
(d) Variances shall not be issued within a designated floodway if any increase in flood
levels during the base flood discharge would result.
(e) 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.
(4) 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.
(5) 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;
20
(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;
(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.
(6) 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.
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 _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.
(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.
21
(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:
(i) Be consistent with the need to minimize flood damage;
(ii) Have public utilities and facilities, such as sewer, gas, electrical, and water systems,
located and constructed to minimize or eliminate flood damage;
(iii) Have adequate drainage provided to reduce exposure to flood damage; and,
(iv) Generate base flood elevation data if it has not been provided or is not available from
another authoritative source.
(f) Review of building permits. Where elevation data is not available either through the flood
insurance study, FIRM, or from another authoritative source (JCC 1 5.1 5.050(2Xb)),
applications for development in special flood hazard areas 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.
22
(2) Specific Standards. In all areas of special flood hazard where base flood elevation data has
been provided as set forth in JCC 15.15.040(1)(Basis for Establishing the Areas of Special Flood
Hazard) or JCC 15.15.050(2)0) (Use of Other Base Flood Data), the following standards are
required:
(a) Residential Construction.
(i)In AE and Al-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.
(ii) New construction and substantial improvement of any residential structure 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 must meet or exceed the
following minimum criteria:
(A) The design must include 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:
(B) The bottom of all openings shall be no higher than one foot above grade;
(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 meet the following requirements:
23
(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:
(A) In AE and A 1-30 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;
(B)If located in an AO zone,the structure shall meet the requirements in JCC 15.15.080
(5);
(C) 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;
(D) If located in a V, V 1-30, or VE zone, the structure shall meet the requirements in
15.15.080(6); and,
(E) 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:
(1) 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;
(2) The bottom of all openings shall be no higher than one foot above grade;
(3) 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,
(4) 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(i)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;
24
(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).
(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.
(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 within areas of special flood hazard
established in JCC 15.15.040. 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:
(a) No Rise Standard. Encroachments, including fill, new construction, substantial
improvements, and other development are prohibited, unless certification by a registered
25
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; and,
(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 JCC 15.15.030) located in designated floodways and that are located on lands
designated as agricultural lands of long-term commercial significance under RC W 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;
(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;
26
(vii)New and replacement water supply systems are designed to eliminate or minimize
P PPY Y P�
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)(i)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 required to either:
(i) Be on the site for fewer than 180 consecutive days;
(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,
27
(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 within areas of special flood
hazard established in JCC 15.15.040(2) and are designated as zones V 1-30, VE and/or V. These
areas have special flood hazards associated with high velocity waters from surges. In addition to
meeting all other provisions in this chapter, the following provisions shall also apply:
(a)All new construction and substantial improvements in zones V 1-30 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)The 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 V 1-30, VE, and V on the community's FIRM and
disclose whether or not the structure contains a basement. The 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) All new construction and substantial improvements within zones V 1-30,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 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:
28
(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) The use of fill for structural support of buildings within zones V 1-30, VE, and V on the
community's FIRM is prohibited;
(f)Anthropogenic alteration of sand dunes within zones V 1-30,VE,and Von the community's
FIRM is prohibited, if the alteration would increase potential flood damage;
(g) All manufactured homes to be placed or substantially improved within zones V 1-30, 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; and,
(h) All recreational vehicles placed on sites within zones V 1-30, V, and VE on the
community's FIRM shall meet the following requirements:
(i) Be on the site for fewer than 180 consecutive days;
(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 required) 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
29
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 to the critical facility should
also be protected to that height. 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 and storage structures).
In A zones (A, AE, A 1-30, 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.
All development, including 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;
30
d) Be constructed of flood damage-resistant materials;
e) Meet the flood opening requirements of Section 15.15.080(2); 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.
31
APPENDIX B-Chapter 18.40 JCC Amendments
Table 8-1. Permits - Decisions
Type II Type II Type III Type IV Type V
Septic permits Classification of Variances under Final plats under Special use
unnamed and JCC 18.22.250 Chapter 18.35 JCC permits, such as
discretionary uses for siting essential
under Article II of Special flood public facilities
Chapter 18.15 JCC hazard area under
variances under JCC 18.15.110
JCC 15.15.075
Allowed uses not Release of six-year PRRDs under Final PRRDs Jefferson County
requiring notice of FPA moratorium Article VI-M of under Article VI- Comprehensive
application(e.g., for an individual Chapter 18.15 JCC M of Plan amendments
"Yes" uses listed single-family and major Chapter 18.15 JCC under
in Table 3-1 in residence under amendments to Chapter 18.45 JCC
JCC 18.15.040, JCC 18.20.160 PRRDs under
building permits, JCC 18.15.545(3)
special flood
hazard area
development
permits. etc.)
Minor Cottage industries Shoreline Amendments to
amendments to under substantial development
planned rural JCC 18.20.170 development regulations
residential Temporary housing permits, conditional
developments facilities under use permits, and
(PRRDs) under JCC 18.20.385 variance permits
JCC 18.15.545 under the Jefferson
County shoreline
master program
(SMP)
Home businesses Short subdivisions Plat alterations and Amendments to
approved under under Article III of vacations under the Jefferson
JCC 18.20.200 Chapter 18.35 JCC JCC 18.35.030(3) County SMP
Temporary Binding site plans Long subdivisions Subarea and utility
outdoor use under Article V of under Article IV of plans and
permits under Chapter 18.35 JCC Chapter 18.35 JCC amendments
JCC 18.20.380 thereto
Stormwater Administrative Discretionary Development
management conditional use conditional use agreements and
permits under permits under permits under amendments
JCC 18.30.070 JCC 18.40.520( 1 ) JCC 18.40.520(2) thereto under
32
and listed in Table [i.e.. listed in Table Article XI of this
3-1 in 3-1 in chapter
JCC 18.15.040 as JCC 18.15.040 as
"C(a)" "C(d)"] where
required by
administrator
Road access Discretionary Conditional use Master plans for
permits under conditional use permits under master planned
JCC 18.30.080 permits under JCC 18.40.520(3) resorts
JCC 18.40.520(2) [i.e., uses listed in
listed in Table 3-1 Table 3-1 in
in JCC 18.15.040 as
JCC 18.15.040 as "C"]
"C(d)"unless Type
III process required
by administrator
Sign permits under Minor variances Major variances Amendments to
JCC 18.30.150 under under the Unified
JCC 18.40.640(2) JCC 18.40.640(3) Development
Boundary line Administrative Wireless Code
adjustments under conditional use telecommunications
Article II of permits, under permits under
Chapter 18.35 JCC Jefferson County JCC 18.20.130 and
SMP, Chapter 18.42 JCC
JCC 18.25.620(3)
listed in
JCC 18.25 220.
Table 18.25.220 as
"C(a)"
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 Wireless Major industrial
to approved telecommunications development
preliminary short permits under conditional use
33
plats under JCC 18.20.130 and approval under
JCC 18.35.150 Chapter 18.42 JCC Article VIII of
Minor Small-scale Chapter 18.15 JCC
amendments to recreation and
Forest practices
approved tourist(SRT) uses release of a
preliminary long in SRT overlay moratorium under
plats under district under Chapter 18.20 JCC
JCC 18.35.340 JCC 18.15.572.
Site development Plat alterations
review under under
Article VII of this JCC 18.35.670
chapter
Exemptions under
the Jefferson
County SMP
Revisions to
permits issued
under the
Jefferson County
SMP
Boundary line Residential
agreements under development
Article VIII of exception pursuant
Chapter 18.35 JCC to JCC 18.12.080
Innocent purchasers
for value
determinations
pursuant to
JCC 18.12.100
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).
34
Table 8-2. Action Types — Pr
Project Permit Application
Procedures(Types I — IV) Legislative
Type I Type II Type III Type IV Type V
Recommendati Project planner Project planner Project planner N A Planning
on made by: commission'
Final decision Administrator Administrator Hearing Board of Board of
made by: examiner county county
commissioners commissioners
Notice of No Yes Yes N o N/A
application:
•
Open record No Only if Yes, before No Yes, before
public hearing: administrator's hearing planning
decision is examiner, prior commission to
appealed, open to permit make
record hearing decision by the recommendati
before hearing hearing on to board of
examiner examiner county
commissioners
Closed record No No No N A Yes, or board
appeal/final of county
decision: commissioners
could hold its
own hearing
Judicial Yes Yes ti"c, Y'cs Yes2
appeal:
Type 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.
2 Pursuant 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 43.2IC 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).
35
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).
36
The following Jefferson County Code Chapter 15.15 Flood Damage
prevention as current - proposed to be repealed and replaced.
Chapter 15.15
FLOOD DAMAGE PREVENTION
Sections:
15.15.010 Statutory authorization.
15.15.015 Severability.
15.15.016 General exemptions.
15.15.020 Findings of fact.
15.15.030 Statement of purpose.
15.15.040 Methods of reducing flood losses.
15.15.050 Definitions.
15.15.060 General provisions.
15.15.070 Administration.
15.15.080 Provisions for flood hazard reduction.
15.15.010 Statutory authorization.
The Legislature of the State of Washington has delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
Therefore,Jefferson County does ordain as follows. [Ord. 5-19§ 2 (App.A)]
15.15.015 Severability.
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. [Ord. 5-19§ 2 (App. A)]
15.15.016 General exemptions.
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 development services manager,who shall retain documentation of
the decision.These exemptions are limited in scope and shall not be approved if any of the following are
part of a larger development proposal.After review by the development services manager,the following
may be exempt from the requirement for a flood development permit:
(1) Routine maintenance of existing landscaping that does not involve grading,excavation, or filling;
(2) 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;
(3) 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;
(4) Normal road maintenance,such as filling potholes, repaving, installing signs and traffic signals;
provided,that no expansion is proposed;
(5) 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
(6) Plowing and other normal farm practices on legally existing agricultural areas; provided,that there
are not new structures,filling, or ground clearing. [Ord. 5-19§2 (App. A)]
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). [Ord. 5-19§ 2 (App.A)]
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;
(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. [Ord. 5-19§ 2 (App.A)]
15.15.040 Methods of reducing flood losses.
In order to accomplish its purposes,this chapter includes methods and provisions for:
(1) 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;
(2) Requiring that development vulnerable to floods, including facilities which serve such development,
be protected against flood damage at the time of initial construction;
(3)Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,
which help accommodate or channel floodwaters;
(4) Controlling filling,grading, dredging, and other development which may increase flood damage;and
(5) Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or may
increase flood hazards in other areas. [Ord. 5-19§ 2 (App.A)]
15.15.050 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."
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given
year.
"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.
"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 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 nonbasement 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).
"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).
"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.
"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)."
"Flood insurance study(FIS)" means the official report provided by the Federal Insurance Administration
that includes flood profiles,the flood boundary-floodway map, and the water surface elevation of the
base flood.
"Floodplain administrator" means the community official designated by title to administer and enforce
the floodplain management regulations.
"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. 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.
"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.
"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 nonelevation 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.The term "manufactured home" does not include a "recreational vehicle."
"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.
"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.
"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.
"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 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
(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 dependent" means a structure for commerce or industry that cannot exist in any other location
and is dependent on the water by reason of the intrinsic nature of its operations. [Ord. 5-19§ 2 (App.A)]
15.15.060 General provisions.
(1) Lands to Which This Chapter Applies.This chapter shall apply to all areas of special flood hazards
within the jurisdiction of Jefferson County.
(2) 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 15.15.070(3)(b)shall be the basis for regulation until a new FIRM is issued that
incorporates data utilized under JCC 15.15.070(3)(b).
(3) Changes to Special Flood Hazard Area. If a project will alter the BFE or boundaries of the SFHA,then
the project proponent shall provide the community 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, notify 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.
(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.
(8)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. [Ord. 5-19§ 2 (App.A)]
15.15.070 Administration.
(1) Establishment of Development Permit.
(a) Development Permit Required.A development permit shall be obtained before construction or
development begins within any area of special flood hazard established in JCC 15.15.060(2).The permit
shall be for all structures including manufactured homes, as set forth in the "Definitions"
(JCC 15.15.050),and for all development including fill and other activities, also as set forth in the
"Definitions" (JCC 15.15.050).
(b)Application for Development Permit. Application for a development permit shall be made on forms
furnished by the development review division of the department of community development 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,the following
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.
(2) Designation of the Local Administrator.The Jefferson County development services manager is
hereby appointed to administer and implement this chapter by granting or denying development permit
applications in accordance with its provisions.
(3) Duties and Responsibilities of the Local Administrator. Duties of the development services manager
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.
(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.
(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 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 Obtained and Maintained.
(i)Where base flood elevation data is provided through the flood insurance study, FIRM, or required as
in subsection (3)(b)of this section, 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 on a current elevation certificate with
Section B completed by the local official.
(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.
(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. Such appeals shall be granted consistent
with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance
Program.
(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.
(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).
(g)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.
(h) In considering variance applications,the floodplain administrator shall consider all technical
evaluations, all relevant factors,all standards specified in other sections of this chapter, and:
(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
(xi)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. [Ord. 5-19§ 2(App.A)]
15.15.080 Provisions for flood hazard reduction.
(1)General Standards.
(a)Anchoring.
(i)All new construction and substantial improvements 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 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.
(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 and/or otherwise elevated or located 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) 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;
(iv)On-site waste disposal systems shall be located to avoid impairment to them or contamination from
them during flooding.
(d)Subdivision Proposals and Other Development Where 50 or More Lots Are Being Created or the
Project Includes Five or More Acres.
(i)All subdivision proposals shall be consistent with the need to minimize flood damage;
(ii)All subdivision proposals shall have 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 have adequate drainage provided to reduce exposure to flood
damage;
(iv)Where base flood elevation data 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).
(e) Review of Building Permits.Where elevation data is not available either through the flood insurance
study, FIRM,or from another authoritative source(JCC 15.15.070(3)(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 15.15.060(2), Basis for Establishing the Areas of Special Flood Hazard,or
JCC 15.15.070(3)(b), Use of Other Base Flood Data.The following provisions are required:
(a) Residential Construction.
(i) New construction and substantial improvement of any residential structure shall have the lowest
floor, including basement, elevated one foot or more above the base flood elevation (BFE).
(ii) 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:
(A)A minimum of two openings having 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,or other coverings or devices; provided,that they
permit the automatic entry and exit of floodwaters.
(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:
(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;
(ii) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy;
(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
(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 shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home 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 when:
(i)Outside a manufactured home park or subdivision;
(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. Recreational vehicles placed on sites are required to either:
(i) Be on the site for fewer than 180 consecutive days;or
(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.
(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. Located within areas of special flood hazard established in JCC 15.15.060 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 provisions apply:
(a) Prohibit encroachments, including fill, new construction,substantial improvements, and other
development 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)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;and
(c) If 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.
(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)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) 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
(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. Located within areas of special flood hazard established in
JCC 15.15.060(2) are coastal high hazard areas, designated as zones V1-30,VE and/or V.These areas
have special flood hazards associated with high velocity waters from surges and,therefore, in addition
to meeting all 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;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 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 whether or not such structures contain a
basement.The development service manager 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 all new construction and substantial improvements within zones V1-30,VE,and V on
the community's FIRM have the space below the lowest floor either free of obstruction or constructed
with nonsupporting 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 section, a
breakaway wall shall have a design safe loading resistance of not less than 10 and no more 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 the use of fill for structural support of buildings within zones V1-30,VE, and V on the
community's FIRM;
(f) Prohibit manmade alteration of sand dunes within zones V1-30,VE, and V on the community's FIRM
which 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 on 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) Recreational vehicles placed on sites within zones V1-30,V,and VE on the community's FIRM either:
(i) Be on the site for fewer than 180 consecutive days;or
(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 Required) 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.Access to and from the critical facility should also be
protected to the 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 and Storage Structures). 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. [Ord. 5-19§2 (App.A)]
RED LINE VERSION
STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing the ORDINANCE
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
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, Chapter 15.15 of the Jefferson County Code ("JCC")and the Chapter 18.40 JCC
in the local newspaper on June 19 and June 26,2024 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, 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 could result in 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 Board of County Commissioners of Jefferson
County, Washington:
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. Purpose. The purpose of this Ordinance is to amend the flood damage prevention ordinance to
comply with the NFIP administered by the FEMA.
Section 3. Repeal and Replace Prior Ordinance. This Ordinance repeals and replaces Ordinance No. 05-0513-19
and Chapter 15.15 JCC,as set forth in Appendix A.
Section 4.Amendment of JCC 18.40.040. JCC 18.40.040 shall be amended as set forth in Appendix B.
Section 5. Effective Date. The Ordinance shall take effect immediately upon adoption by the Board of County
Commissioners.
Section 6. SEPA Compliance. All requirements of the State Environmental Policy Act("SEPA")have been met
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for the adoption of this ordinance, and no significant adverse probable impacts are identified by the adoption of
these regulations amending Chapter 15.15 JCC and Chapter 18.40 JCC. The proposed revisions to the flood
damage prevention ordinance was duly noticed 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.
Section 7. Effective Date: This ordinance shall take effect immediately upon adoption.
Section 8. 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.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Kate Dean, Chair
Greg Brotherton, Member
Heidi Eisenhour, Member
SEAL:
ATTEST:
Carolyn Gallaway Date
Clerk of the Board
Approved as to form only:
Philip Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
5
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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 exemptions.
15.15.070 Special flood haz rd o .Development permit required.
15.15.075 Special flood hazard area variance.
15.15.080 ; sStandards for flood hazard reduction.
15.15.090 Enforcement.
15.15.095 Severability.
15.15.010 Statutory authorization, findings of fact,purposes, and objectives.
LU 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.
Lb) 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.
Statement of purpose.
(a) The~�Q L l atu.e of th Sr + f W h• g+ w a I tea the responsibility to local
ntal unit purpose of this chapter is to adopt floodplain management regulations
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RED LINE wcmp 1M
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.
Lb) 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:
ji) To protect human life and health;
2ii) To minimize expenditure of public money and costly flood control projects;
taiii) To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
Div) To minimize prolonged business interruptions;
t -v) 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;
Zvi) 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;
dviii) To ensure that potential buyers are notified that property is in an area of
special flood hazard;
rnviii) 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
7
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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.
15.15.01-502Q Sevefability Applicability.
al 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.
(1)Other chapters of Jefferson County Code that regulate special flood hazard areas, in addition
to this chapter, include:
Chapter 18.22. JCC, which regulates development in frequently flooded areas as
defined in WAC 365-190-030(8).
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;
Lk) 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.
8
RED LINE AmpeirlN
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.
1545.020 Findings „ff ct,
(1) The flood hazard ar as 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.
Those developmentkin permits see to construct within critical areas and/or a flood hazard
(3) g
area shall be subject to this chapter.
(1) 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) !level,.„merit : ,.Milted in 41.,.,,1..,.,.,E „loss o sly allowed . . der the El.,..,a..ay
provisions of JCC 15.15.080(1).
It is the purpose of this chapter to promote the public h alth, 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;
undertaken at the expense of the general public;
9
RED LINF VFRRInN
interruptions:
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
their actions; and
range and disaster relief.
15.15.054030 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.
is 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").
"Base flood elevation" (BFE) means the elevation of the 100-year flood. The BFE is determined
.by statistical analysis for each local area and is designated on the FIRMs. This elevation is the
basis of the insurance and floodplain management requirements of the National Flood Insurance
Program.
10
RED LINE VERSION
"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.
"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.
11
RED LiNtr ei ocertm
"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).
"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)a-ror flood-related erosion hazards. A4se 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" means any flood-prone area or land area susceptible to being inundated by water from any
source. See"flood" or"flooding."
"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
12
RED LINE VERSION
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
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RED LINE VERSION
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.
"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 Rleedfloodway."
"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
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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.
"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 296-15OP 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;
15
RED LINE VERSION
(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.
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,er-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:
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RED LINE VERSION
(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
(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 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 ; sdietio.. of Joffe..,,.. 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 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 2)prior to approval of the
development permit. The project shall be constructed in a manner consistent with the approved
CLOMR.
(3) 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
17
RED LINE VERSION
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.
(4) Compliance. All development within special flood hazard areas is subject to the terms of this
ordinance and other applicable regulations.
(45) 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.
,
impair any existing easements, covenants, or deed restrictions However who. 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) 1 iberally c .strued in f.,,ter ofthe g g body. and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(46) 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 AdministrationDesi2nation 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,-at+d implement and enforce 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.
18
RED LINE VERSION
(2) Duties and Responsibilities of the Local floodplain ^dm in istratoradministrator. 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
(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:i
(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
Maintaifteklmaintain 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.
19
RED LINE VER"t
(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.
(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).
15.15.046Q6Q 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.
a)These The following exemptions are limited in scope and shall not be approved if any of the
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:
(-I-a) Routine maintenance of existing landscaping that does not involve grading,
excavation, or filling;
20
AED UNE ;Mtn*
(3b)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;
(3e)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
(6fD 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
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.Spec The 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:;
21
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(v) A V-zone design certificate, if a structure is proposed in a V, V 1-30, or VE zone;
(vi)An engineering analysis indicating 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 Flood
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).
15.15.070 Q75 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.
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
22
RED LINE VERSION
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
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.
(4) General variance criteria. Variances shall only be issued upon:
Laj 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;
lc,)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.
23
RED LINE VERSION
(5) 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:
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;
(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;
fl The safety of access to the property in time of flood for ordinary and emergency
vehicles;
0) The expected height, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site; and
IW 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.
(1)Conditions for Variances.
,the only condition ender which a variance from the elevation standafd may bo
is for new construction and substantial improvements to be erected en a smell or=
iffegtil.afty shaped let contiguous to and surrounded by lots with existing structures=
wed below the base flood level. As the let size increases, the technical justification=
ng the variance increases.
44 Variances shall net he issued within a designated floodway if any increase in flood levels-
&ring the base flood dischafge would result.
hall only be issued upon a determination that the variance is the minimum
may, conside+ing the flood hazaf4,to afford relief.
Variances shall only be issued upon:
(i) A showing of good and sufficient cause;
24
RED LINE VERSION
hardship to the applicant;
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or v+ctim+zatie+Fef the public, or conflict with existing local
laws or ordinances.
( Variances as interpreted in the National Flood Insurance Program are based on the
general z g law ^ ple that they pertain to a physical piece of property; they are not
circumstances. They primarily address small lots in densely populated residential
(44
Variances mnJ., be i ed f r n sidential buildings i e limited , .stances to
frog, where it can be
15.15.080(1)(a), (1)(c), and(1)(d).
(65) 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;
(iii) The susceptibility of the proposed facility mid its contents to flood damage and the
eff nt of'such damage on the indiyid
li1IL.
,
;
flooding or erosion damage;
d use with existing and anticipated development;
. nr for that n
..u,.a� en;
.-tyin timeoffl„
r "ry � df d J l S J
vehicles;
(x) The expected height, velocity, dation, rate of rise, and sediment transport of the
floodwaters expected at the site; and
25
RED LINE VERSION
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 ,ludi:g park model-n,-«acturedd-; )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.
(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
26
RED LINE VEafiin ,
(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
(iv) Generate base flood elevation data if it has not been provided or is not available
from another authoritative source.
Wl+er-e-base-cleed-elevati-efEhes-Ftet-beewpfevicled-er--i-s-net-available-frefFEafietber
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 development in the special flood hazard area 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 15.15.0(30040(2 i) Basis for Establishing the Areas of Special
Flood Hazard)or JCC 15.15.9 70050(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.
27
RED UNE VERSION
(ii)N ew construction and substantial improvement of any residential structure shall
h ethel estfl 1 di b � 1 r d f f t t� w n a
nrcTuaiic�ouicrir�-rr�cTc�-crcca-vnc-ivvc-vr4rc-ctc�yy-
olevation (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
req irement .v .st either be certified by istered .. efessienal ..chite.t
must meet or exceed the following minimum criteria:
(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,
inelod-ing-basehtent7elevated-ene-foot-ormore above the base flood elevation; or,together
'it" ttendant utility ands it f ,lit' ll: meet the following requirements:
vr. a ,
(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 erte feet or gore above the base flood level the
;
nonresidential structure shall meet all of the following requirements:
28
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(AA) In AE and A 1-30 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)r);
(GC) 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
Grader.
(BD) If located in a V, V1-30, or VE zone, the structure shall meet the requirements
in 15.15.080 (64); and
(SE)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:
(4-1)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 grader;
(23)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.
(-it)If the requirements of subsection (i)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;
29
RED LINE VERMIN
(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
(iy)Aionresidenti l structures that eley ted of flood.«.,fed .st moot the
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
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(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:
(a)No Rise Standard. Prohibit cEncroachments, 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.
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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;
(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
32
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; Of
(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 V 1-30, VE and/or V. These areas have special flood hazards associated with
high velocity waters from surges,and therefore, inln addition to meeting all other provisions in
this chapter,the following provisions shall also apply:
(a)All new construction and substantial improvements in zones V 1-30 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
33
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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 V 1-30, VE,and V on the
community's FIRM and disclose whether or not t suchthe structures contains a basement.
The development service managcrdevelopment 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
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 V 1-30, 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 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 V 1-30, V, and VE on the
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RED LINE VERSION
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 VI 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 cithershall meet the following requirements:
(i) Be on the site for fewer than 180 consecutive days;9f
(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
Ret+ifedrequired) 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;
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RED LINE VERSION
(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.
All development, including manmeEle-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:
• 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;
• Be constructed of flood damage-resistant materials;
e) Meet the flood opening requirements of JCC 15.15.080 (2); and
D 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.
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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.
37
RED LINE VERSION
APPENDIX B—Chapter 18.40 JCC Amendments
Table 8-1. Permits—Decisions
Type I, Type II Type III Type IV Type V
Septic permits Classification of unnamed Variances under Final plats under Special use permits,
and discretionary uses JCC 18.22.250 Chapter 18.35 JCC such as for siting
under Article II of essential public
Chapter 18.15 JCC Special flood hazard facilities under
area variances under JCC 18.15.110
JCC 15.15.075
Allowed uses not Release of six-year FPA PRRDs under Article VI- Final PRRDs under Jefferson County
requiring notice of moratorium for an M of Chapter 18.15 JCC Article VI-M of Comprehensive Plan
application(e.g., "Yes" individual single-family and major amendments Chapter 18.15 JCC amendments under
uses listed in Table 3-1 residence under to PRRDs under Chapter 18.45 JCC
in JCC 18.15.040, JCC 18.20.160 JCC 18.15.545(3)
building permits,special
flood hazard area
development permits,
etc.)
Minor amendments to Cottage industries under Shoreline substantial Amendments to
planned rural residential JCC 18.20.170 development permits, development
developments(PRRDs) Temporary housing conditional use permits, regulations
under JCC 18.15.545 facilities under and variance permits
JCC 18.20.385 under the Jefferson
County shoreline master
program(SMP)
Home businesses Short subdivisions under Plat alterations and Amendments to the
approved under Article III of vacations under Jefferson County
JCC 18.20.200 Chapter 18.35 JCC JCC 18.35.030(3) SMP
Temporary outdoor use Binding site plans under Long subdivisions under Subarea and utility
permits under Article V of Article IV of plans and
JCC 18.20.380 Chapter 18 35 JCC Chapter 18 35 JCC amendments thereto
Stormwater management Administrative conditional Discretionary conditional Development
permits under use permits under use permits under agreements and
JCC 18.30.070 JCC 18.40.520(1)and JCC 18.40.520(2)[i.e., amendments thereto
listed in Table 3-1 in listed in Table 3-1 in under Article XI of
JCC 18.15.040 as"C(a)" JCC 18.15.040 as this chapter
"C(d)"]where required
by administrator
Road access permits Discretionary conditional Conditional use permits Master plans for
under JCC 18.30.080 use permits under under JCC 18.40.520(3) master planned
JCC 18.40.520(2)listed in [i.e., uses listed in Table resorts
Table 3-1 in 3-1 in JCC 18.15.040 as
JCC 18.15.040 as"C(d)" "C"]
unless Type III process
required by administrator
Sign permits under Minor variances under Major variances under Amendments to the
JCC 18.30.150 JCC 18.40.640(2) JCC 18.40.640(3) Unified Development
Boundary line Administrative conditional Wireless Code
adjustments under use permits, under telecommunications
Article II of Jefferson County SMP, permits under
Chapter 18.35 JCC JCC 18.25.620(3)listed in JCC 18 20 130 and
JCC 18.25.220, Chapter 18.42 JCC
Table 18.25.220 as"C(a)"
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u,r .,
Type I' 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 Wireless Major industrial
approved preliminary telecommunications development conditional
short plats under permits under use approval under
JCC 18.35.150 JCC 18.20.130 and Article VIII of
Chapter 18.42 JCC Chapter 18.15 JCC
Minor amendments to Small-scale recreation Forestpractices release
a m
approved preliminary and tourist(SRT)uses in of a moratorium under
long plats under SRT overlay district under Chapter 18.20 JCC
JCC 18.35.340 JCC 18.15.572.
Plat alterations under
Site development review JCC 18.35.670
under Article VII of this
chapter
Exemptions under the
Jefferson County SMP
Revisions to permits
issued under the
Jefferson County SMP
Boundary line Residential development
agreements under Article exception pursuant to
VIII of JCC 18.12.080
Chapter 18.35 JCC Innocent purchasers for
value determinations
pursuant to
JCC 18.12.100
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).
Project Permit Application Procedures(Types I—IV) Legislative
Type I Type II Type III Type IV Type V
Recommendation Project Project planner Project planner N/A Planning commission
made by: planner
Final decision Administrator Administrator Hearing examiner Board of county Board of county
made by: commissioners commissioners
Notice of No Yes Yes No N/A
application:
Open record No Only if administrator's Yes,before No Yes, before planning
public hearing: decision is appealed, hearing examiner, commission to make
open record hearing prior to permit recommendation to board
before hearing decision by the of county commissioners'
examiner hearing examiner
Closed record No No No N/A Yes, or board of county
appeal/final commissioners could hold
decision: its own hearing
39
RED UNE VERSION
Project Permit Application Procedures(Types I—IV) _ Legislative
Type I Type II Type III Type IV Type V
Judicial appeal: Yes Yes Yes Yes Yes'
'Type 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.
Pursuant 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 43.21 C 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 Notice and open record public hearing before the hearing examiner. Final decision by hearing examiner.Appeal to
III: superior court.
Type Closed record decision by board of commissioners during a regular public meeting.Type IV decisions are purely
IV: 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).
40