Critical Areas Ordinance Workshop March 21, 2007 Jill Silver Amy Hiatt George Yount.

Critical Areas Critical Areas OrdinanceOrdinanceWorkshopWorkshop

March 21, 2007March 21, 2007

Jill SilverJill SilverAmy HiattAmy Hiatt

George YountGeorge Yount

OverviewOverview

BackgroundBackgroundProcessProcessTimelinesTimelines

Overview…Overview… BackgroundBackground

LegislativeLegislative Shoreline Management Act Shoreline Management Act 19711971 Growth Management ActGrowth Management Act 19901990 Forest Practices ActForest Practices Act 1974, 1974, 1987, 19991987, 1999

Best Available ScienceBest Available Science 19951995 GuidanceGuidance

Department of Community Trade and Department of Community Trade and Economic DevelopmentEconomic Development

Washington Department of EcologyWashington Department of Ecology

Overview…Overview…ProcessProcess

UpdatesUpdates Every 7 yearsEvery 7 years

Timeline for 2007Timeline for 2007 May - OctoberMay - October

Rule Defined Critical Rule Defined Critical AreasAreas

WetlandsWetlands Fish and Wildlife Habitat Fish and Wildlife Habitat

Conservation AreasConservation Areas Critical Aquifer Recharge Critical Aquifer Recharge

ZonesZones Geologic Hazard ZonesGeologic Hazard Zones Floodprone ZonesFloodprone Zones

Critical Areas MandateCritical Areas Mandate Critical Areas regulations are to Critical Areas regulations are to

overlay all other land uses, including overlay all other land uses, including designated natural resource lands designated natural resource lands and designated urban growth areas, and designated urban growth areas, and are to preclude land uses and and are to preclude land uses and developments that are incompatible developments that are incompatible with the protection of critical areas. with the protection of critical areas. [WAC 365-190-020][WAC 365-190-020]

All lands are designated in one of All lands are designated in one of three categories: urban, natural three categories: urban, natural resource land, or rural land.resource land, or rural land.

Fundamental Building Fundamental Building Blocks of Land-Use Blocks of Land-Use

Planning Under GMAPlanning Under GMA Urban Land (i.e. within a designated urban Urban Land (i.e. within a designated urban

growth area)growth area) Natural Resource Land (i.e. designated as Natural Resource Land (i.e. designated as

agricultural, forest, or mineral resource agricultural, forest, or mineral resource land)land)

Rural land (which may include limited Rural land (which may include limited areas of more intense rural development areas of more intense rural development and a variety of land uses.)and a variety of land uses.)

As long as critical areas are protected, As long as critical areas are protected, “other non-critical portions of land can be “other non-critical portions of land can be developed as appropriate under the developed as appropriate under the applicable land-use designation and applicable land-use designation and zoning requirements.”zoning requirements.”

Best Available ScienceBest Available Science RCW 36.70A.172(1) requires all local RCW 36.70A.172(1) requires all local

governments to include the best available governments to include the best available science when adopting development science when adopting development regulations to designate and protect critical regulations to designate and protect critical areas.areas.

“…“…give special consideration to give special consideration to conservation or protection measures conservation or protection measures necessary to preserve or enhance necessary to preserve or enhance anadromous fisheries.”anadromous fisheries.”

A local government “cannot ignore the BAS A local government “cannot ignore the BAS in favor of the science it prefers simply in favor of the science it prefers simply because the latter supports the decision it because the latter supports the decision it wants to make.”wants to make.”

CAO RecommendationsCAO Recommendations Administration of CAOAdministration of CAO

Clear, well-organized – Stands aloneClear, well-organized – Stands alone BuffersBuffers

Flexible, predictable, based on scienceFlexible, predictable, based on science AgricultureAgriculture WetlandsWetlands Fish and Wildlife Habitat Conservation Fish and Wildlife Habitat Conservation

AreasAreas Critical Aquifer Recharge AreasCritical Aquifer Recharge Areas Geologic Hazard ZonesGeologic Hazard Zones Floodprone ZonesFloodprone Zones

Land-Use Impact LevelsLand-Use Impact Levels

Used to determine buffer Used to determine buffer requirementsrequirements

Types of land-use that can result Types of land-use that can result in high, moderate, or low levels in high, moderate, or low levels of impact to adjacent wetlands, of impact to adjacent wetlands, and fish and wildlife habitat and fish and wildlife habitat conservation areas (FWHCAs).conservation areas (FWHCAs).

High Impact Land-Uses:High Impact Land-Uses:

High-intensity agricultural activities High-intensity agricultural activities (see Definitions);(see Definitions);

Single-family residential use on parcels Single-family residential use on parcels smaller than 1 acre;smaller than 1 acre;

Commercial, industrial, and Commercial, industrial, and institutional uses on lands designated as institutional uses on lands designated as Rural Commercial, Rural Industrial, Rural Commercial, Rural Industrial, Public, or UGA;Public, or UGA;

Public roads;Public roads; Active recreation areas (see Definitions);Active recreation areas (see Definitions); Class IV-General forest conversions, Class IV-General forest conversions,

including conversion option harvest including conversion option harvest plans, on lands not designated as plans, on lands not designated as Resource Lands or Rural Residential.Resource Lands or Rural Residential.

Medium Impact Land-Uses:Medium Impact Land-Uses: Medium-intensity agricultural activities (see Medium-intensity agricultural activities (see

Definitions);Definitions); Single-family residential use on parcels of 1 acre Single-family residential use on parcels of 1 acre

to less than 5 acres;to less than 5 acres; Single-family residential use on parcels of 5 Single-family residential use on parcels of 5

acres or larger with agricultural activities, acres or larger with agricultural activities, landscaping, and impervious surfaces exceeding landscaping, and impervious surfaces exceeding the limitations for Low Impact Land-Uses (see the limitations for Low Impact Land-Uses (see Definitions);Definitions);

Private roads or driveways serving 3 or more Private roads or driveways serving 3 or more residential parcels;residential parcels;

Paved trails;Paved trails; Passive recreation areas (see Definitions);Passive recreation areas (see Definitions); Utility corridors (private or public) with a Utility corridors (private or public) with a

maintenance road;maintenance road; Class IV-General forest conversions, including Class IV-General forest conversions, including

conversion option harvest plans, on lands conversion option harvest plans, on lands designated as Resource Lands or Rural designated as Resource Lands or Rural Residential.Residential.

Low Impact Land-Uses:Low Impact Land-Uses: Low-intensity agricultural activities (see Low-intensity agricultural activities (see

Definitions);Definitions); Single-family residential use on parcels of 5 acres Single-family residential use on parcels of 5 acres

or larger with agricultural activities, landscaping, or larger with agricultural activities, landscaping, and impervious surfaces not exceeding the and impervious surfaces not exceeding the limitations for Low Impact Land-Uses (see limitations for Low Impact Land-Uses (see Definitions);Definitions);

Private driveways serving no more than 2 Private driveways serving no more than 2 residential parcels;residential parcels;

Unpaved trails;Unpaved trails; Utility corridors (private or public) without a Utility corridors (private or public) without a

maintenance road;maintenance road; Class I, II, III, and IV-Special forest practices on Class I, II, III, and IV-Special forest practices on

lands of any Comprehensive Plan land-use lands of any Comprehensive Plan land-use designation except Urban Growth Area;designation except Urban Growth Area;

Class IV-General non-conversion forest practices Class IV-General non-conversion forest practices (equal to Class I, II, III, and IV-Special forest (equal to Class I, II, III, and IV-Special forest practices) conducted on lands platted after practices) conducted on lands platted after January 1, 1960 and of any Comprehensive Plan January 1, 1960 and of any Comprehensive Plan land-use designation except UGA.land-use designation except UGA.

AgricultureAgriculture

WEC Settlement AgreementWEC Settlement Agreement Existing and Ongoing vs. New AgricultureExisting and Ongoing vs. New Agriculture Lands of long-term commercial Lands of long-term commercial

significancesignificance Rural Residential Agricultural ActivitiesRural Residential Agricultural Activities ‘‘Exemption’ vs. Alternative RegulationExemption’ vs. Alternative Regulation Farm Plans, BMPs, and MonitoringFarm Plans, BMPs, and Monitoring Adaptive Management and EnforcementAdaptive Management and Enforcement

WetlandsWetlandsRECOMMENDATIONS BASED ON:RECOMMENDATIONS BASED ON:

Wetlands FunctionsWetlands Functions DOE Best Available Science DOE Best Available Science

Volumes I & IIVolumes I & II Wetlands in Washington State: A Wetlands in Washington State: A

Synthesis of the ScienceSynthesis of the Science DOE Wetland Rating SystemDOE Wetland Rating System Moderate Risk StrategyModerate Risk Strategy Issue: Who rates and delineates? Issue: Who rates and delineates?

By what method?By what method?

Wetland Buffer Wetland Buffer RecommendationsRecommendations

The following tables contain the The following tables contain the prescribed buffer widths for each prescribed buffer widths for each combination of factors, established combination of factors, established in accordance with the Department in accordance with the Department of Ecology's of Ecology's Wetlands in Wetlands in Washington State - Volume 2: Washington State - Volume 2: Guidance for Protecting and Guidance for Protecting and Managing WetlandsManaging Wetlands (Publication (Publication #05-06-008).#05-06-008).

1. For wetlands that have a habitat function score of twenty nine (29) points or more on the wetland rating form, the prescribed buffers shall be as follows:

Wetland Category

High Impact

Medium Impact

Low Impact

Prescribed Buffer Width (feet)

Category I 300 225 150

Category II 300 225 150

Category III

150 110 75

Definitions for high, medium and low impact land-use are provided in Appendix B.

2. For wetlands that have a habitat function score of twenty to twenty eight (20-28) points on the wetland rating form, the prescribed buffers shall be as follows:Wetland Category

High Impact

Medium Impact

Low Impact




Category III

100 75 50

Category IV

100 75 50


3. For wetlands that have a habitat function score of nineteen (19) points or less on the wetland rating form, the prescribed buffers shall be as follows:

Wetland Category

High Impact

Medium Impact

Low Impact




Category III

50 40 25

Category IV

50 40 25


Fish and Wildlife Habitat Fish and Wildlife Habitat Conservation AreasConservation Areas

Channel Migration ZonesChannel Migration Zones Rivers and StreamsRivers and Streams Lakes and PondsLakes and Ponds Marine ShorelinesMarine Shorelines Wildlife CorridorsWildlife Corridors

Regulatory OverlapRegulatory Overlap

Channel Migration ZonesChannel Migration Zones

Contain all five rule-defined Critical Contain all five rule-defined Critical AreasAreas

Very highVery high habitat value habitat value Very high risk for developmentVery high risk for development Human health and safety issuesHuman health and safety issues CAO regulations must be met or CAO regulations must be met or

exceeded in SMPexceeded in SMP Jefferson County is unique in having Jefferson County is unique in having

large functional CMZslarge functional CMZs

Banks prone to landsliding (i.e., mass wasting) are part of CMZs Lower Elwha River

Courtesy of Department of Ecology

Rivers and StreamsRivers and Streams

Buffer widths based on BAS from Buffer widths based on BAS from years of negotiations in forestlands years of negotiations in forestlands and in CAOsand in CAOs

Vegetation Management StandardsVegetation Management Standards Applies to all critical areas Applies to all critical areas

Hazard TreesHazard Trees Noxious WeedsNoxious Weeds View CorridorsView Corridors Existing Development or LandscapingExisting Development or Landscaping

FWHCA Buffer FWHCA Buffer RecommendationsRecommendations

CMZsCMZs 100 – 200 feet from edge of CMZ100 – 200 feet from edge of CMZ ShorelinesShorelines 150 feet from OHWM150 feet from OHWM Fish-bearingFish-bearing 150 feet from OHWM150 feet from OHWM Non-fish, PerennialNon-fish, Perennial 100 feet from OHWM100 feet from OHWM Non-fish, SeasonalNon-fish, Seasonal 50-100 feet from 50-100 feet from

OHWMOHWM Lakes > 20 acresLakes > 20 acres Lakes < 20 acresLakes < 20 acres Marine ShorelinesMarine Shorelines (under development)(under development)

Forestry and ConversionsForestry and Conversions

WAC 222 Forest Practices RulesWAC 222 Forest Practices Rules FP rules were developed for lands FP rules were developed for lands

expected to remain in forestry, with expected to remain in forestry, with gravel roadsgravel roads

FP rules apply to zoned forestlands and FP rules apply to zoned forestlands and rural residential lands, less than 5K bf rural residential lands, less than 5K bf per yearper year

CAO applies to:CAO applies to: UGAs – Quilcene, Brinnon, Port HadlockUGAs – Quilcene, Brinnon, Port Hadlock Conversions – loopholes re: buffersConversions – loopholes re: buffers

NEEDS WORK!NEEDS WORK!

CAO Implementation CAO Implementation ResourcesResources

MappingMappingCurrent GapsCurrent GapsNeed LiDARNeed LiDAR

Inventory and Characterization NeedsInventory and Characterization NeedsWetland Inventory (i.e. Adamus)Wetland Inventory (i.e. Adamus)Wildlife Corridors (i.e. JLT Quimper)Wildlife Corridors (i.e. JLT Quimper)Critical Areas (i.e. streams, Critical Areas (i.e. streams, wetlands)wetlands)

Education and ResourcesEducation and Resources

Washington State UniversityWashington State University Conservation DistrictConservation District NGOs – NOSC, JLT, NWWINGOs – NOSC, JLT, NWWI State Agencies – WDFW, State Agencies – WDFW,

WDNR, WDOEWDNR, WDOE Watershed Stewardship and Watershed Stewardship and

Resource CenterResource Center Web-based Resources and Web-based Resources and

InformationInformation

MonitoringMonitoring

DOEDOEConservation DistrictConservation DistrictCounty StaffCounty StaffTribesTribesNGOsNGOsStreamkeepers (?)Streamkeepers (?)

Critical Areas Ordinance Workshop March 21, 2007 Jill Silver Amy Hiatt George Yount.

Documents

Transcript of Critical Areas Ordinance Workshop March 21, 2007 Jill Silver Amy Hiatt George Yount.