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January 25, 2009
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Planning Commission
534 Sheridan Street
Port Townsend, W A. 98368
JEHERSmJ COUNTY DeD
AITENTlON:
Beckett Point is a historic non-profit corporation of 156 individual leaseholders managing
86 acres of residential use property in Jefferson County. In 2008, we completed a Large
On-Site Septic system to mitigate potential failing individual systems on Beckett Point
spit in Discovery Bay.
As part of this process and in order to become a legal conforming entity within Jefferson
County, we were required to develop and record an Assessor's Plat. This was adopted
and approved by the County on June 26, 2008. Imbedded in the Assessor's plat is the
historic house setback from the water. Also, the line of the flood control bulkhead is
established.
In the process of reviewing the proposed updates to the SMP (refer to "side by side"
comparison attached), we find it does not consider our conditions and leaves out the
sustainability of our residential community by virtue of at least the following items:
1. (Section 2 SMP, Subsection 5, Shoreline Residential) Our characteristics and density
are not included and we should be included as plated (ref. Assessor's Plat 6/26/08). By
not being included in the shoreline use as a legally included density with in the Shoreline
Residential designation much of the regulations becomes difficult or impossible for us to
interpret.
2. (Section 5.160 Residential Development) If the shoreline setback is moved from 30-ft
to either 100-ft or 150-ft, it should be done ONLY for new land development that occurs
after the date of the implementation of the SMP. The previously agreed upon historic
building line shown on the Assessors Plat lots for Beckett Point should be honored in
perpetuity. This will mean that new or remodeled cabins can be built in line with
surrounding cabins, as is currently the case, rather than set back to either 30' or 100'.
Note that the historic build line typically falls within the 30' setback.
3. (Section 5.160) Historically at Beckett Point, the wetland depicted on our adopted
Assessor's Plat was a natural egress waterway connected at high tide by small channels to
the south/north. These channels were cut offby county road construction. In order to
restore this wetland as desired by Beckett Point, new channels are needed and the 150-ft
setbacks on each side would preclude this being done. Use offlXed numbers on this type
of setback is inappropriate.
4. (Section 5.160/8.8, Residential Development) In like manner, we have an agreement to
build/remodel on the spit that meets FEMA flood control standards. The ability to
build/re-build should be grandfathered in using the adopted Assessor's Plat so that action
needs only to meet FEMA standards. The flood control measures used by Beckett Point
as shown by adopted Assessor's Plat, should be honored independent of SMP rules.
5. (Section 5.180 Shore Defense) Beckett Point objects to the use of "imminent danger"
as a standard for structural armoring where historic cyclical storm patterns exist and
foresight and planning could be used to better advantage.
6. (Section JCC18.20.260, Non-conforming Use) Beckett Point, due to our recent
experience with SPAADs, Department of Ecology, Department of Archaeology, Fish and
Wildlife, Native Tribes and county regulations we feel that a two year period is
insufficient to meet these requirements. The 5-year standard as used in the application of
SP AAD's is appropriate.
In summary, Beckett Point has completed an exhaustive process of building an
environmentally safe septic system. This process included the time-consuming
requirements to adopt an Assessor's Plat, and become an acceptable entity with in
Jefferson County. We believe that those negotiations should be honored.
In general, Rules should not be applied in a retroactive way to legally approved
Assessor's Plats.
Sincerely Yours
Beckett Point Board
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Planning Commission Handout
Jefferson County SMP Update Project JHH~S~}: courny OeD
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Comparison of Existing and Proposed SMPs
Key Similarities and Differences in Performance Standards
Note to Reviewers: This table summarizes the regulations (also known as performance standards) contained In the existing and proposed
JeffEllSOll County Shoreline Master Programs. It does not compare the existing and proposed SMP policies or the administrative provisions.
The SMP topics listed reflect the main shoreline uses and modifications; these topics appear in different sections and may have different titles
in the existing and proposed SMPs. This summary table is intended to facilitate a general comparison of the major regulatory changes being
proposed in the December 3, 2008 Preliminary Draft SMP. The regulations listed below are paraphrased in most cases. Readers ara
encouraged to refer to the actual SMP documents for a full and official description of the existing and proposed regulations.
SMP Topic Section Main Similarities Main Differences
Reference1 (Regulations that appear .inboth the (Regulations that appear only in the proposed
(ExistingSMP existing and proposed SMPs) SMP or requirements that have been
/ Proposed removed/deleted)
SMP)
.
Purpose 1.20/1.1 Purpose is to guide development and Additional purposes: Achieve 'no net loss'
implement the Shoreline Management and plan for restoration.
Act.
Goals 1.20/3.1 to Includes goals for Economic Goal statements are expanded and each
3.7 Development, Conservation, one includes a purpose statement.
Recreation, Historic/Cultural
Resources, Shoreline Use, Circulation,
Public Access, Restoration and Water
Quality.
Jurisdiction 3.10/4.1 and Definition of 'shorelines' is . Upper limit of jurisdiction on rivers is
4.2 unchanged: different based on new stream flow
Rivers> 20 cfs mean annual flow data by U.S. Geological Survey.
~akes > 20 acres . Channel migration zones on major
Marine shores rivers included in SMP jurisdiction.
. Four additional lakes added based on
new data regarding lake size.
Applicability 3.30/1.2 . Program does not apply to Federal . N/A
or Tribal lands.
. All development must comply with
Program regardless of whether a
shoreline permit is required.
I Section numbering - Number to the left of / refers to the section numbering in the stand-alone 1989 Jefferson
County SMP. Number to the right of / refers to the Article and Subsection number in the December 3, 2008 PD
SMP.
Jefferson County SMP Update Project
The Existing and Proposed SMPs - Key Similarities and Differences
Page 2 of 14
SMP Topic Section Main Similarities Main Differences
Reference1 (ReguIationsthat appear in both the (Regulations that appear only in the proposed
(Existing.SMP existing and proposed SMPs) SMP or requirements that have been
IProposed removed/deleted)
SMP)
Exemptions 3.40/9.3 . Exemptions are as defined by RCW . The dollar threshold for substantial
90.58. development is increased from $5000
to $5718, per legislative directive.
Designations and 4.10/4.2 and . Purpose and criteria for Natural and . New designation menu is based on
Classifications 4.3 Conservancy designations are WAC 173-26.
relatively unchanged. . Natural designation is applied more
. Aquatic designation still applied to widely; development restrictions
some areas below OHWM. applied to higher percentage of the
County shorelines (approximately 41
percent in east Jefferson County)
. Priority Aquatic designation is applied
to important salmon and shellfish
habitats below OHWM.
. No dual designation for upland areas.
. Urban and Suburban designations no
longer applied; replaced by Shoreline
Residential and High Intensity
designations.
. Use classification table is substantially
revised based on new regulations.
. More uses require a Conditional Use
Permit (CUP) than under current code.
Option of administrative CUP is added
(does not require hearing examiner
approval).
Shorelines of 4.30/5.0 . Policies are as stated in WAC 173- . N/A
Statewide 26.
Significance
Advertising 5.10/8.9 . Vistas or view corridors shall be . Signs must comply with JCC 18.30.15.
(Signs) kept free of unnecessary signs. . Overwater signs prohibited.
. Off-premise outdoor signs are not . No signs allowed on trees.
permitted.
. On-premise signs shall minimi7:e
visual or physical obstruction of the
shoreline.
. Artificial lighting for signs shall be
hooded or directed to prevent glare.
. Flashing and blinking signs are not
Jefferson County SMP update Project
The Existing and Proposed SMPs - Key Similarities and Differences
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Page3 of 14
SMP Topic SectiO.D Main Similarities Main Differences
Reference! {RQgUlatjonsthat appear in both the {Regulations that appear only in the proposed
(Existing SMP existing and proposed SMPs) SMP or requirements that have been
/ Proposed removed/deleted)
SMP)
permitted.
Agriculture 5.20/8.1 . Livestock waste shall be disposed . Program does not restrict existing
in a manner that will prevent agriculture uses per state law.
surface or ground water . Deleted reference to Dept of
contamination. Agriculture erosion standards or
. Feedlots, corrals, stockyards, and pesticide regulations.
waste storage areas are prohibited . Watering for livestock along creeks,
within 200 feet of OHWM. streams, rivers, and lakes shall be
. Buffer zones shall be established provided so stock do not cross
and/or maintained between tilled or waterbodies.
grazed areas and water bodies to . Buffer widths shall correspond to the
reduce impacts. standards on the SMP.
Aquaculture 5.30/8.2 . Uses and activities that do not meet . Definitions for types of aquaculture
the definition of development such operations are revised; Intensive,
as beach culturing and hand Extensive and Passive and Subtidal and
harvesting are not subject to Intertidal are not used in new Program.
shoreline substantial development New types are Bottom and
permit requirements. Hanging/Floating culture.
Shoreline permit applications for . SMP specifies time limit for substantial
. development permits for new
aquaculture require a description of operations consistent with state law;
actions and management plans Conditional Use Permit timeframe is
describing potential effects and determined on a case-by-case basis.
copies of other required studies and
permit applications. . New Program specifies when an
existing operation must obtain a (new)
. Floating aquaculture requires a permit (Le., expansion of existing
visual analysis. operation, cultivation of new species
. Aquaculture developments must be not previously cultivated in W A).
separated by a sufficient distance to . New Program provides criteria for
prevent cumulative effects. which types of aquaculture activities
. Aquaculture developments must not are considered 'development'
materially interfere with . Upland aquaculture activities are
navigation/access to waterfront governed by commercial or industrial
property and public recreation regulations.
areas. . Net pens are prohibited.
. Aquaculture structures shall be of Processing no longer prohibited inlover
.
sound constroction and shall be the water.
maintained. Abandoned or unsafe
structures and equipment shall be . Prohibition on use of structures in areas
removed or repaired promptly. designated Natural is removed.
LilIhtine: shall be designed and . Geoduck and tloatinglhanging
.
Jefferson County SMP update Project
The Existing and Proposed SMPs - Key Similarities and Differences
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SMP Topic
Section
Reference1
(Existing SMP
I Proposed
SMP)
Boating Facilities 5.40/7.2
(Boat launches)
Main Similarities
(Regulations that appear in both the
existing and proposed SMPs)
hooded to prevent the light source
from being directly visible from
outside the boundaries of the
property.
. Overwater structures such as work
shelters, sleeping quarters, and
storage sheds shall be prohibited.
. Hardshell clam harvest (including
geoduck) using mechanical means
requires a Conditional Use Permit
(per the Dredging section).
. Mechanical harvest activities not
allowed in eelgrass beds, kelps, etc
unless approved by WDFW (per the
Dredging section).
. Total height of floating structures
and associated equipment shall not
exceed six (6) feet in height above
the water's surface.
. Only non-lethal predator control
measures shall be used against birds
and mammals. Control methods
shall comply with appropriate
federal and state rules.
. Aquaculture activities shall avoid
use of pesticides, herbicides, or
other chemicals.
. Boat launches shall be located,
designed, constructed, and operated
to minimize adverse effects of fish,
shellfish, wildlife, water quality,
and existing goo-hydraulic
shoreline processes.
. Adequate off-road parking and
loading areas shall be provided.
. Parking and loading areas shall be
located away from the immediate
water's edge and beaches
(requirement is located in the
Parking section of the new
Program).
Jefferson County SMP Update Project
The Existing and Proposed SMPs - Key Similarities and Differences
Page 4 of 14
Main Differences
(Regulations that appear only in the proposed
SMP or requirements thathave been
l'eIllovedldeleted)
operations now require a Conditional
Use Permit in some areas.
. Aquaculture now must be ~OO ft from
National Wildlife Refuges.
. Surface area limit of2 acres is
removed.
. All aquaculture must be sited to
prevent damage to eelgrass beds, kelps,
etc.
. Structures tied to bottom must use
anchors that minimize impacts.
. County can require compensation for
use of public piers/structures for
aquaculture operations.
. Regulations distinguish public and
private (residential) launches.
. No specific requirement to locate
launches with regard to wind, current,
and bathymetric conditions.
. Private boat launches not allowed if
public launches are available nearby.
. Boat launches must use approved
methods and technologies. Rails and
tracks are preferred systems.
. No requirement to separate launcbes
from nearby swimming areas, but must
ensure no adverse effects on public use
of public waters.
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SMP Topic Section .
Main SimUarities Main Differences
Reference1 (RegulationstlIat appear in both the (Regulations that appear only in the propQSed
(ExistingSMP existing and proposed. SMPs) SMP or requirements that have helm
I Proposed te11lovedldeleted)
SMP)
. Design of parking and loading areas . New requirement to locate river
shall assure that surface runoff does launches downstream of accretion
not pollute adjacent waters or cause shores and where no current deflectors
soil or beach erosion (included in are needed.
Parking and Water Quality sections . New requirement to locate where there
of new Program). is adequate water circulation and
. Boat launches shall be located, mixing.
designed, constructed, and operated . Removed requirement to have ample
to not necessarily interfere with the room for the handling and maneuvering
rights of adjacent property owners, of boat trailers, but added requirement
nor interfere with adjacent water to ensure no traffic impacts or traffic
uses. safety issues.
. Boat launches shall provide
adequate on-shore sewage and
waste disposal facilities and a
means for effective operation.
Boating Facilities 5.6017.2 . Mooring buoys are preferred over . Regulations distinguish public and
(Docks, piers, docks, piers, and floats. Joint-use private (residential) docks, piers, etc.
floats and lifts) facilities are preferred over single- . Regulations for boat lifts are added.
user docks, piers, and floats.
. Gratingllight penetrating materials
. Docks/piers/floats must be located required on walkways in nearshore
to avoid adverse effects of fish, areas.
shellfish, marine vegetation, etc. Cumulative effects of dock
.
. Docks/piers/floats must be marked proliferation must be considered.
to prevent navigation hazards.
. Total area of floats changed from 160
. Docks/piers/floats must minimize sq. ft. to 200 sq. ft.
interference with the public use of
the water and private use of private . Allowed residential dock length is
property. changed from 125 ft to 60:ft, with
. Must use materials that are non- option for longer dock if needed.
hazardous (approved by WDFW). . No outright prohibition on docks, piers,
and floats on streams and rivers.
. Subdivisions must make provisions
for joint use dock facilities. . Maximum allowance per residence is
Docks/piers/floats must not be used one of each: lift, dock, and float.
.
for residential purposes (no . Residential docks prohibited in Priority
overwater residences). Aquatic designation.
. Covered moorage generally . Three-day limit on boat occupation
prohibited. removed, but no moored vessel can be
used as a residence.
. Residential docks Drohibited in
Jefferson County 8MP Update Project
The Existing and Proposed 8MPs - Key Similarities and Differences
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SMP Topic
Boating Facilities
(Marinas )
Section
Referencel
(Existin. . S.MP.
g
I PropOsed
SMP)
5.1017.2
Main Similarities
(Reguiationsthat appear in boththe
existing and proposed SMPs)
Natural and Priority Aquatic
designations.
. Marinas shall be located in areas
with favorable/appropriate wind,
current, and bathymetric conditions.
. Marinas that provide overnight or
long-term moorage facilities shall
not be located in areas with poor
circulation/flushing.
. Marinas shall be compatible with
the general aesthetic quality of the
shoreline area where they are
located.
. Marinas and ancillary facilities shall
be located, designed, constructed,
and operated to minimize adverse
effects on fish, shellfish, wildlife,
water quality, and existing goo-
hydraulic shoreline processes.
. Marinas shall be located, designed,
constructed, and operated to
minimize interference with the
rights of adjacent property owners
and adjacent water uses.
. Parking and loading areas shall be
located well away from the
immediate water's edge.
. Design of parking and loading areas
shall assure that surface runoff does
not pollute adjacent waters or cause
soil or beach erosion (in Water
Quality section of new Program).
. Provisions shall be made to
facilitate order! launchin,
Page 6 of 14
Main Differences
(Regulations that appear only in the proposed
8MP or requirements that have been
removed/deleted)
. Added allowance for float plane
moorage in some areas as a
Conditional Use.
. No requirement to move docks to
protected locations during windy times
of the year.
. Removed requirements pertaining to
locating utilities on docks.
. Marinas must restore part of the
shoreline to improve ecological
conditions as a condition of approval.
. Marinas must be located to avoid need
for dredging, excavating or filling
wetlands.
. Marinas are prohibited on lakes, point
bars, in channel migration zones and
where flood hazards would be
created/exacerbated.
. Open pile and floating breakwaters are
preferred.
. Armoring must be limited to minimum
necessary; bio-stabilization is
preferred.
. Breach nourishment of down-drift
areas may be required if adverse effects
on sediment transport are likely.
. Marinas must include public access
amenities.
. Live-aboards are limited to 20% of
slips.
. Boat washing facilities must be
provided.
. Marinas must post regulations.
. No allowance for covered slips.
. Visual impact analysis may be required
as a condition of approval.
Jefferson County SMP update Project
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JAM 2 3 200,3
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Page 7 of 14
SMPTopic Section Main Similarities Main Differences
Reference1 (Regulations that appear in both the (Regulations that appear only in the proposed
(Existing SMP existing and proposed SMPs) SMP or requirements that have been.
I Proposed removed/deleted)
SMP)
retrieval, and storage of boats.
. Provisions shall be made to
facilitate the orderly circulation of
vehicles and pedestrians in the
vicinity of the marina.
. Marinas shall make adequate
provisions to minimi7.e the
probability of fuel spills during
handling or storage. Provisions
shall be made to handle accidental
spills that do occur.
. Marinas shall be equipped with
vessel pump-out and on-shore
sewage and waste disposal
facilities.
Boating Facilities 5.130/7.2 . Mooring buoys shall not be . Removed regulations regarding land
(Mooring buoys) authorized where they will interfere based retrieval lines.
with navigation. . Removed most specific regulations on
. Buoys shall be marked with the buoy location; Program defers to state
owner's name, address, and laws and requires County to coordinate
telephone number. with other agencies regarding
placement of buoys.
. No more than 4 buoys/acre allowed in
some areas such as enclosed bays.
. Buoys are not allowed on lakes.
. Helical or other low impact anchor
systems are required.
Commercial Use 5.50/8.3 . Non-water-oriented uses may be . Setback is changed from 15 ft to 100ft
authorized as a Conditional Use. (for lakes) and 150 ft (for marine &
. Commercial development shall river shores).
provide public access such as . Non-water-oriented uses may be
shoreline views and/or public allowed on the shoreline only if they
access easements commensurate provide public access and restore
with the degree of impact caused by shoreline functions or if they include a
the development. water-dependent component.
. Structures shall not exceed thirty-
five feet in height above average
grade level.
. Developments which do not reauire
Jefferson County SMP Update Project
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Page 8 of 14
SMP Topic Section Main. Similarities Main Differences
Reference! (Regulations that appear in both the (Regulations that appear only in the proposed
(Existing SMP existing andpt'oposed SMPs) SMP or requiretnents that have been
1 Proposed removed/deleted)
SMP)
water access or a shoreline location
are prohibited over water.
Dredging 5.7017.3 . Standards in existing SMP that . Projects must be designed and located
prevent impacts of Dredging on to prevent future need for maintenance
ecology, sediment processes, fish dredging.
passage, shoreline uses, etc. are . Dredging is only allowed to support
addressed mainly through the certain specific uses or as part of
general regulations in Article 6. required clean-up actions.
. Dredge materials deposited on . Dredging for flood control only
upland sites shall be considered fill allowed as part of county-approved
and shall comply with the Program flood control plan.
regulations for Fill.
. Dredging to obtain fill material is
. Depositing of dredge materials in prohibited.
water is allowed for wildlife habitat
improvement, to re-establish . New SMP relies mainly on compliance
substrate, to feed beaches or to with existing state and federal
remediate contaminants. regulations, including the Puget Sound
In-water dredge disposal shall not Dredge Disposal Analysis (PSSDA)
. requirements.
disrupt natural goo-hydraulic
processes or interfere with the use
or value of adjacent properties.
. Maintenance dredging shall only be
conducted upon the completion of a
dredge materials management plan.
Forest Practices 5.80/8.4 . Selective commercial timber cutting . Program relies on the Forest Practices
on shorelines of statewide Act; standards for roads and harvest
significance involving more than actions are deleted.
thirty percent (30%) of the ,
. Selective commercial timber cutting on
merchantable timber volume in any shorelines of statewide significance
ten (10) year period is allowed. involving more than thirty percent
. Forest practices on shores (30%) of the merchantable timber
designated Natural requires a volume in any ten (10) year period
Conditional Use Permit requires a Conditional Use Permit
. Forest practices roads on slopes that
exceed thirty-five percent (35%) may
be allowed with a Conditional Use
Permit.
Industrial and 5.90/8.5 . Non-water-dependent industry is . Non-water-oriented uses may be
Port Uses only allowed on shorelines in allowed on the shoreline only if they
provide public access and restore
Jefferson County SMP Update Project
The Existing and Proposed SMPs - Key Similarities and Differences
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SMP Topic Section MainSimiJarities Main Differences
Referencel (Regulationsthatappear in. both the (Regulations that appear only in the proposed
(Existing SMP existing and proposed SMPs) SMP or requirements that have been
( Proposed removed/deleted)
SMP)
.
certain instances. shoreline functions or if they include a
. Industrial development shall be water-dependent component.
located, designed, and constructed . No requirement to share over-water
to minimi7,c adverse effects on facilities, except as related to public
aquatic life and other shoreline access.
resources. . No requirement to limit omissions of
. Industrial developments shall radioactive substances or electricity.
comply with all federal, state, . Specific regulations added for location
regional, and local requirements oflog storage and ship building
regarding air and water quality operations.
(covered by ICC 18.20.220).
. Industrial and port facilities shall
make adequate provisions to
minimize the probability of spills of
fuel or other toxic substances.
Provisions shall be made to handle
accidental spills that occur.
. Objectionable noise shall be
muffled or otherwise controlled. Air
raid sirens and related apparatus
used solely for public purposes are
exempt from this requirement.
. No vibration shall be permitted that
is discernible without instruments
on any adjoining lot or property.
. Industrial facilities shall assure that
no direct or reflected glare is visible
from adjacent properties, streets, or
water areas.
. Industrial facilities shall be so
located, designed, and operated to RECEIVED
eliminate all unnecessary noxious
odors.
. Port and industrial facilities shall f Fi II Cl :1 2""" '1
provide public access, including .JIM {j . UU~
views, to shoreline areas when )frFrf\1"n" r"llp
feasible, taking into consideration ,[, ti;~ 'iJ~ iDUiJj~TY DCn
public safety, health, ecology, and
security.
. Waste stora2e/disoosal not allowed
Jefferson County SMP Update Project
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12/29/08
Page 100f14
SMP Topic ... Section Main Similarities Main Differences
Reference! (Regulations that appear in both the (Regulations that appear only in the proposed
(Existing SMP existing and proposed SMPs) SMP or requirements that have been
I Proposed removed/deleted)
SMP)
in shoreline jurisdiction.
. Port and industrial facilities shall be
located, designed, and constructed
to permit viewing of harbor areas or
other recognized or officially
delineated vistas.
. Industrial structures shall use
screening (fences~ berms~ etc.) to
mitigate view impacts on adjacent
uses.
Landfill (Fill 5.10017.4 . Applications for fill permits require . Fill only allowed in conjunction with a
and Excavation) numerous special studies such as permitted shoreline use/development.
erosion control plans. . Fill in wetlands now covered by the
. Fill is prohibited where it would CAO provisions ofJCC 18.22.
adversely impact water quality ~ . Structural stabilization cannot be used
habitat, or other resources. to protect fill materials.
. Fill must not impede public access.
. Fill below the OHWM is only
allowed for certain purposes such as
public access~ restoration, water-
dependent development, or other
projects in the public~s interest.
. Fill in flood hazard areas is subject
to County flood damage prevention
regulations.
Mining 5.120/8.6 . Mining along shorelines shall . Mining shall be conducted in accord
assure that geo-hydraulic processes with the Surface Mining Act.
and marine life are maintained in . A IOO-ft buffer must be maintained
their natural condition, both during between active mine areas and adjacent
and after excavation. non-mining-related uses.
. Mining shall provide measures to . Mining can not be approved on
prevent deleterious effects upon shorelines unless it is dependent upon a
water quality and fish life. shoreline location.
. Mining operations shall obtain . Overburden/debris can not be
necessary hydraulic permits. deposited in waterbodies~ wet1ands~
. Mining projects shall provide and flood ways or other critical areas.
implement reclamation plans. . In-water mining requires demonstration
of adeauate sediment rates and an
Jefferson County SMP update Project
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SMP Topic Section Main Similarities Main Differences
Reference! (Regulations that appear.in both the (RegUlations that appear only in the proposed
(Existing SMP existing and proposed SMPs) SMP or reqUirements that have been
IProposed removed/deleted)
SMP)
,
approved monitoring plan.
. Use of reclaimed land must be
consistent with the Program, including
the Shoreline Environment Designation
policies and regulations.
. The extraction of quarry rock, sand,
gravel, and/or cobbles from any marine
or freshwater lake shoreline for any
commercial or industrial purpose is
prohibited.
Recreation 5.150/8.7 . Recreational facilities shall include . Non-water-oriented recreation facilities
adequate provisions for water are not preferred and must be located
supply, sewage disposal, and outside shoreline buffers. Water
garbage collection. dependent recreation can be located
. Recreational facilities shall make waterward of shore buffers.
adequate provisions such as . Recreational facilities shall include
screening, buffer strips, fences, and adequate provisions for non-motorized
signs to protect nearby private or access.
public properties. . Remote recreation sites should use
. Applicants for substantial Low Impact Development and Leave
development permits for No Trace principles.
recreational facilities may be . A landscape plan is required for
required to provide adequate recreational developments that involve
information to demonstrate the vegetation clearing.
safety of proposed equipment and
facilities. . Signs shall be used to help users locate
recreation sites and to inform users of
private property boundaries adjacent to
recreation sites.
. Regulations regarding use of fires and
off-road vehicles are deleted.
. Underwater parks are permitted.
Residential 5.160/8.8 . Appurtenant structures shall be . Residential structure setback (buffer) is
Development located landward of the OHWM increased from 30 ft (or I ft for each ft
and shall meet applicable setbacks. of bank height, whichever is greater,
. Public access to publicly owned but not exceeding 100 ft) to 100 ft or
shorelines shall be maintained. 150 ft depending on the waterbody.
Residential structures shall not . Subdivision is prohibited if it would
.
exceed thirty-five feet in height require bulkheads in order to create
buildable lots.
Jefferson County SMP Update Project
The Existing and Proposed SMPs - Key Similarities and Differences
RJECJE,1fVEU{08
J . N' 2 ;-~, """"I~'
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Page 120f14
SMP Topic Section Main Similarities Main Differences
Reference1 (Regulations that appear in both the (Regulations that appear only in the proposed
(Existing SMP exiSting and proposed SMPs) SMP orrequirements that have been
/ Proposed removed/deleted)
SMP)
. Overwater residences are . Residences that will require structural
prohibited. stabilization or flood control during the
life of the development are prohibited.
. Clustered development and low impact
development may be required to
minimize impacts.
. Multifamily development or
development of more than four
lots/dwelling units must include public
access.
Transportation 5.190 & . The transportation and parking . N/A
and Parking 5.140/8.10 provisions of existing and proposed
SMPs are very similar overall and
consistent with other County, state
and federal regulations.
Shore Defense 5.18017.7 . Shore defense works shall be . New structural armoring for residences
(Shoreline designed and constructed to only allowed when existing primary
Stabilization) minimi:r.e interruption of naturally structures are in imminent danger
OCCun1ng shoreline processes. caused by winds, currents, or waves.
. Shore defense works shall be . A permit applicant must demonstrate
designed and constructed to that bio-stabilization is infeasible or
minimize impediments to fish and inadequate to protect the existing
wildlife movement structure.
. Shore defense works shall not be . Structural armoring is prohibited on
used for the indirect purpose of lake shores.
creating landfills. . Gabions and debris/junk shall not be
. Shore defense works shall be used to armor shores.
designed and constructed to blend
in with the characteristics of the
area where they are located. .
. Shore defense works such as dikes
shall be located landward of the
stream and associated swamps,
backwaters, marshes, floodway and
other wetlands.
. Applications require competent
technical evidence that the proposed
shore defense structure will perfonn
as designed.
Jefferson County SMP Update Project
The Existing and Proposed SMPs - Key Similarities and Differences
RECEK'\;T]EJ@os
,lAN 2 9 2003
JEHfflSmJ COUNTY OLD
Page 13 of 14
SMPTopic Section Main Similarities Main Differences
Reference! (Regulations that appear in both the (Regulations that appear only. in the proposed
(Existing SMP existing and proposed SMPs) SMP or requirements that have been
I Proposed removed/deleted)
SMP)
...
. Shore defense works along rivers
and streams shall not include groins
or jetties or otherwise divert the
direction of stream flow.
Utilities 5.200/8.11 . Utilities shall be co-located in . Specific utility regulations are provided
shared corridors where feasible. for different for different types of
. The provisions of existing and utility uses.
proposed SMPs are very similar . Power generation facilities including
overall and consistent with other tidal energy are only allowed when
County, state and federal County determines that adverse effects
regulations. are mitigated and benefits outweigh
impacts.
. Non- . JCC . The lawfully established use of any . Replacement of any non-conforming
conforming 18.20.260 existing building. structure, land or structures or buildings or portions
uses /6.I.E premises shall be considered thereof within the Aquatic or Priority
and 10.6 nonconforming and may be Aquatic shoreline area shall comply
continued. with Program requirements for
. An existing use designated as a materials that come in contact with the
conditional use that existed prior to water pursuant to Article 6.
the adoption of this Program or the . Expansion of existing single family
adoption of an applicable residences is allowed without a
amendment hereto and which has conditional use permit or variance
not obtained a conditional use when special conditions are met.
permit shall be considered a non- . Single family residential development
conforming use. of up to 2,500 sq. ft. building footprint
. A structure for which a variance has plus driveway and septic field is
been issued shall be considered a allowed on non-conforming lots
legal non-conforming structure and without a conditional use permit as
the requirements of this section long as special conditions are met.
shall apply.
. Non-conforming structures, other
than non-conforming single-family
residences that are expanded or
enlarged, must obtain a variance or
be brought into conformance with
the Program.
. Any non-conforming development
that is moved any distance must be
moved to comply with the bulk and
dimensions reauirements of this
Jefferson CounfJI SMP update Project
The Existing and Proposed SMPs - Key Similarities and Differences
lc{ECEIV~"
1 up ~ 0> 2n~1r'11
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JHfH!Sfm COUNTY DeD
Page 14of14
SMPTopic Section Main SiIDilarities Main Differences
Reference! (Regulations that appear in both the (Regulations that appear only in the proposed
(Existing SMP existing <and proposed SMPs) SMP 01' requirements that have been
I Proposed removed/deleted)
SMP)
Program.
. Non-confonning structures with
confonning uses within commercial
or mixed-use developments may be
expanded or enlarged within the
existing building footprint as a
conditional use.
. A nonconfonning structure
damaged or destroyed by fire,
earthquake, explosion, etc. to an
extent that is less than 75% of the
values of the original structure may.
be restored or reconstructed in kind.
If the damage exceeds 75% the
structure must be relocated or
reconstructed in a manner that
conforms with the Program, if
possible. It it's not possible to
confonn, the structure may be
replaced in kind.
. If a non-conforming use is
discontinued for twelve (12)
consecutive months or for twelve
(12) months during any two (2) year
period, the non-confonning rights
shall expire and any subsequent use
shall be confonning.
RECEIVED
~?~gl 2 3
JffHJ~SDJ ir~UNTY DeD
Jefferson County 8MP Update Project
The Existing and Proposed 8MPs - Key Similarities and Differences
12/29/08