HomeMy WebLinkAbout7g. Existing Mapping and Exemptions CAO Code18.22.210 Identification and mapping of critical areas.
(1) The approximate location and extent of critical areas within the county are displayed on various
inventory maps available on the Jefferson County geographic information system (GIS) web site.
(2) The critical areas maps are provided only as a general guide to alert the viewer to the possible location and extent of critical areas. These maps shall not be relied upon exclusively to establish the existence/absence or boundaries of a critical area, or to establish whether all of the elements necessary to identify an area as a critical area actually exist.
(3) The type, extent and boundaries may be determined in the field by a geotechnical professional, wetland specialist, wildlife biologist or staff person according to the requirements of this chapter. In the event of a conflict between a critical area location shown on the county’s maps and that of an on-site determination, the on-site determination will apply.
(4) To the extent practicable, the county shall ensure that its critical area maps are updated as inventories are completed in compliance with the requirements of the Growth Management Act (Chapter 36.70A RCW). [Ord. 5-20 § 2 (Appx. A)]
18.22.220 Critical area review process.
(1) All applicants for new development are encouraged have a customer assistance meeting with the department prior to applying for a permit. Fees for a customer assistance meeting may be applied towards the application fee for the same project. The purpose of this customer assistance meeting is to discuss zoning and applicable critical area requirements, to review any conceptual site plans prepared by the applicant and to identify potential impacts and mitigation measures. Such conference shall be for the convenience of the applicant, and any recommendations shall not be binding on the applicant or the county.
(2) The department shall perform a critical area review for any application submitted for a regulated activity. Reviews for multiple critical areas shall occur concurrently. For critical areas within shoreline jurisdiction, critical area review shall occur as part of the shoreline review process.
(3) The department shall, to the extent reasonable, consolidate the processing of related aspects of
other county regulatory programs which affect activities in regulated critical areas, such as subdivision or site development, with the approval process established in this chapter so as to provide a timely and coordinated review process.
(4) As part of the review of all development or building-related approvals or permit applications, the department shall review the information submitted by the applicant to:
(a) Confirm the nature and type of the critical area and evaluate any required assessments, reports, or studies;
(b) Determine whether the development proposal is consistent with this chapter;
(c) Determine whether any proposed alterations to the site containing critical areas are necessary; and
(d) Determine if the mitigation and monitoring plans proposed by the applicant are sufficient to protect the public health, safety, and welfare consistent with the goals, purposes, objectives, and requirements of this chapter.
(5) If a proposal has the potential to impact a critical area or a buffer, the administrator may require a
special report pursuant to this chapter. When required, critical area special reports are subject to the following requirements:
(a) The applicant is required to submit a critical area report prepared by a qualified professional based on the report requirements of this chapter;
(b) The report will be evaluated to determine if all potential impacts to the critical area or buffer have been addressed in the critical area report;
(c) Any impacts of the proposed development will be reviewed for compliance with mitigation requirements (as defined in JCC 18.10.130) and determine if the mitigation plan sufficiently addresses the potential impacts; and
(d) Ensure that the submittal for critical areas is consistent with other documents submitted as part of the application and that the submittal is consistent with the requirements for a complete application in Chapter 18.40 JCC.
(6) At every stage of the application process, the burden of demonstrating that a proposal is
consistent with this chapter is upon the applicant. [Ord. 5-20 § 2 (Appx. A)]
18.22.230 General exemptions.
(1) The activities listed in subsection (4) of this section are exempt from the requirements of this chapter, assuming the proposed activity complies with all provisions of the exemption.
(2) The administrator may determine that an activity is closely allied or similar to any activity in this list even if the proposed activity does not meet the precise terms of a listed exempt activity. The administrator is authorized to determine through a Type I permit process whether or not a development should be classified as an exempt activity and that such an activity does not impact the functions and values of any critical area or a critical area buffer.
(3) It is the responsibility of the applicant to provide sufficient information for the administrator to
determine that one of the exemptions listed in subsection (4) of this section applies.
(4) The following activities in critical areas or critical area buffers are exempt from the requirements of this chapter:
(a) Agriculture, as defined in JCC 18.10.010, may continue in substantively the same manner; provided, the activity does not result in adverse impacts to a critical area or a critical area buffer. This exemption shall include maintenance and repair of lawfully established structures, infrastructure, drainage and irrigation ditches, and farm ponds; provided, maintenance work does not expand further into a critical area.
(b) Forest Practices. Classes I, II, III, and IV special (not Class IV general) forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest
practice regulations, WAC Title 222, except where the lands have been or are proposed to be converted to a use other than commercial forest product production.
(c) Maintenance – Transportation. Maintenance or reconstruction of existing public or private roads, paths, bicycle ways, trails, and bridges; provided, that the maintenance or
reconstruction complies with the additional requirements in subsection (5) of this section.
(d) Maintenance or Reconstruction – On-Site Sewage Systems. Maintenance or reconstruction of on-site sewage systems; provided, the maintenance or reconstruction complies with the additional requirements in subsection (5) of this section.
(e) Maintenance – Drainage. Maintenance and repair of existing drainage facilities or systems and flood control structures, including, but not limited to, ditches that do not meet the criteria for being considered a fish and wildlife habitat conservation area, culverts, catch basins, levees, reservoirs, and outfalls; provided, the maintenance or repair complies with the additional requirements in subsection (5) of this section.
(f) Utility Activities. This exemption is limited to the utility activities listed below; provided, the utility activities comply with the additional requirements in subsection (5) of this section:
(i) Normal and routine maintenance or repair of existing utility facilities or rights-of-way; or
(ii) Installation, construction, relocation and replacement, operation, repair, or alteration of
all utility lines, equipment, or appurtenances, not including substations, in improved road rights-of-way.
(g) Reconstruction, Remodeling, or Maintenance – Structures. This exemption is limited to reconstruction, remodeling, or maintenance of existing structures within the footprint of an existing lawfully established structure provided the maintenance complies with the additional requirements in subsection (5) of this section, work areas are minimized to the fullest extent possible, work areas are restored to previous conditions as soon as construction is complete, and staging areas are located outside of all critical areas and critical area buffers. This exemption shall not apply if the activity creates or continues a circumstance where personal or property damage is likely due to conditions of the critical area or if there is further intrusion into a critical area or a critical area buffer.
(h) Site Investigative Work. Site investigative work in wetlands, landslide hazard areas, riverine and coastal erosion hazard areas, or fish and wildlife habitat conservation areas, or their
critical area buffers that is necessary for land use application submittals or permit compliance,
including but not limited to groundwater monitoring wells, sediment sampling, surveys, soil borings, shallow soil test pits, and percolation tests involving no fill or use of heavy equipment; provided, the site investigative work complies with the additional requirements in subsection (5) of this section and excavation for soil logs or percolation tests are filled.
(i) Emergency Action. Action that is taken which is necessary to resolve or prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation; provided, the emergency action complies with the additional requirements in subsection (5) of this section. If the nature of the emergency requires immediate action within a time period too short to allow full compliance with this chapter, the department, as well as any federal or state agencies with jurisdiction (e.g., the U.S. Army Corps of Engineers), must be notified of the emergency action within one working day of the
initiation of the emergency action. Any person or agency undertaking emergency action using this exemption must submit a complete application to department for review and approval within 30 days of abatement of the emergency, and the “after-the-fact” application must show compliance with all requirements of this chapter. Any impacts to critical areas or critical area
buffers that are not mitigated within one year of issuance of an “after-the-fact” permit shall be in violation of this exemption and may be subject to enforcement actions by the department.
(j) Artificial Wetlands and Artificial Ponds. Artificial wetlands and artificial ponds, provided:
(i) The artificial wetland or pond does not meet the definition of wetland or fish and wildlife habitat conservation area; and
(ii) The artificial wetland or pond was not historically constructed from a wetland or fish and wildlife habitat conservation area (without receiving all applicable permits to modify the critical area).
(k) Irrigation. Operation, maintenance and repair of dikes, ditches, reservoirs, ponds and other irrigation structures and facilities that do not require a state hydraulic permit and do not meet the criteria for being designated a fish and wildlife habitat conservation area; provided, the maintenance or repair complies with subsection (5) of this section.
(l) Passive Recreation. Passive recreation, when the activity does not cause adverse impacts.
Examples include, but are not limited to, such recreational uses as swimming, canoeing/kayaking, hunting, and fishing (pursuant to state law), bird watching, hiking, and bicycling.
(m) Existing Residential Landscaping. Planting, irrigating, mowing, pruning, and maintenance and repair of landscaping structures; provided, these activities are part of existing normal residential landscaping activities and no building permit is required and the landscaping complies with subsection (5) of this section. This exemption does not allow any additional intrusion, expansion, or introduction of nonnative species into a critical area or a critical area buffer.
(n) Noxious Weed Control. Removal or eradication of noxious weeds listed in Chapter 16-750 WAC. Such activity is the responsibility of the landowner; provided, the following conditions are met:
(i) The removal or control of noxious weeds shall follow guidelines issued by the
Jefferson County noxious weed control board. The Jefferson County noxious weed
control board shall coordinate with the department of planning and community development for the control of noxious weeds in wetlands.
(ii) All herbicide applications in aquatic environments shall conform to the rules of the Washington Department of Ecology, Washington Department of Agriculture and Washington Department of Natural Resources, pursuant to Chapters 16-228, 173-201a, and 222-38 WAC.
(o) Harvesting of Wild Crops. The harvesting of wild crops; provided, that the harvesting:
(i) Is not injurious to natural reproduction of such crops;
(ii) Does not require tilling soil, planting crops, or changing existing topography, water conditions, or water sources; and
(iii) Does not have any adverse impacts on protection of the critical area or a critical area
buffer.
(p) Planting Native Vegetation. The enhancement of a critical area buffer by planting native vegetation.
(q) New Trails. The construction of new, unpaved, nonmotorized trails when located in the outer 25 percent of a wetland or a fish and wildlife habitat conservation area or their critical area buffers; provided, the new trail is no wider than five feet. This exemption shall not apply within a frequently flooded area or its critical area buffer, where development must follow FEMA requirements, or within a geologically hazardous area or its critical area buffer if the new trail will be for public use.
(r) Navigation Aids and Boundary Markers. Installation of navigation aids and boundary markers; provided, they are installed in accordance with applicable state and federal laws or the installation of mooring buoys in accordance with the Washington Department of Fish and Wildlife design guidelines and the Jefferson County shoreline management program
(Chapter 18.25 JCC).
(s) Beaver Dam Alterations with a Hydraulic Project Approval Pursuant to Chapter 77.55 RCW and Chapter 220-660 WAC. Beaver dam alteration in stream channels when undertaken with a hydraulic project approval issued by the Washington Department of Fish and Wildlife pursuant to Chapter 77.55 RCW and Chapter 220-660 WAC.
(5) Additional Protection and Restoration Requirements. Where compliance with this section is required by a subsection above, all of the following requirements must be met:
(a) Prior to the start of the activity for which an exemption is sought, the applicant must submit to the department a written description of the activity that includes at least the following information:
(i) Type, timing, frequency, and sequence of the activity to be conducted;
(ii) Type of equipment to be used (hand or mechanical);
(iii) Manner in which the equipment will be used; and
(iv) The best management practices to be used.
The written description shall be valid for five years; provided, there is no significant
change in the type or extent of the activity.
(b) The activity cannot further alter, impact, or encroach upon critical areas or critical area buffers and no reasonable or practicable alternative exists.
(c) The activity cannot further affect the functions of a critical area or a critical area buffer, and no reasonable or practicable alternative exists.
(d) Best management practices must be implemented to minimize impacts to critical areas and critical area buffers during the activity.
(e) Disturbed critical areas and critical area buffers must be restored immediately after the
activity is complete.
(f) Any impacts of the activity to a critical area or a critical area buffer must be mitigated, as approved by the administrator.
(6) The administrator has the authority to:
(a) Request information from an applicant to ensure compliance with exemption requirements;
(b) Determine whether or not an application meets the exemptions listed; and
(c) Take enforcement action for any land disturbing activity, development, or action undertaken on land located within or containing a critical area or a critical area buffer in Jefferson County that does not meet exemption requirements. [Ord. 5-20 § 2 (Appx. A)]