EXHIBIT A - Jeffersontest.co.jefferson.wa.us/weblinkexternal/0/edoc/2273755... · Jefferson County...

Jefferson County Code Chapter 18.22 CRITICAL AREAS

DRAFT WORK PRODUCT SUBJECT TO REVIEW Page 1/101

EXHIBIT A

Chapter 18.10 DEFINITIONS1,2

Sections:

18.10.010 A definitions.

“Agriculture” means the science, art, and business of producing crops, or raising livestock; farming.

“Agriculture, existing and ongoing” is defined as follows, except for JCC Chapter 18.22 which is governed by the definition of agricultural activities. For all other chapters, “agriculture, existing and ongoing” means any agricultural activity conducted on an ongoing basis on lands enrolled in the open space tax program for agriculture or designated as agricultural lands of long-term commercial significance on the official map of Comprehensive Plan land use designations; provided, agricultural activities were conducted on those lands at any time during the five-year period preceding April 28, 2003. Agricultural use ceases when the area on which it is conducted is converted to a nonagricultural use.

“Agriculture, new” is defined as follows, except for JCC Chapter 18.22 which is governed by the definition of agricultural activities. For all other chapters, “agriculture, new” means agricultural activities proposed or conducted after April 28, 2003, and that do not meet the definition of “existing ongoing agriculture.”

“Agricultural activities” has the same meaning as in RCW 90.58.065(2)(a).

“Agricultural best management practices (BMPs)” mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollution of waters or degradation of wetlands and fish and wildlife habitat areas.

“Agricultural land” has the same meaning as in WAC 365-190-030(1) 3

“Agricultural land of local importance” means land in addition to designated prime agricultural land that is of local importance for the production of food, fiber, forage, or oilseed crops. Generally, additional farmlands of local importance include those that are nearly prime farmland and that economically produce high yields of crops when treated or managed according to acceptable farming methods. Such farmlands may include areas of commercial aquaculture.

“Agricultural product or commodity” is defined as follows, except for Chapter 18.22 JCC. For all other chapters, “agricultural product or commodity” means any plant or part of a plant, or animal, 1 Footnotes are added for convenience of review only and will be deleted when the final ordinance is adopted. 2 This section contains definitions relevant to the Ag and CAO provisions presented by Staff to the Jefferson County Planning Commission. Redlining shows changes or new language. 3 (1) "Agricultural land" is land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production. These lands are referred to in this chapter as agricultural resource lands to distinguish between formally designated lands, and other lands used for agricultural purposes. WAC 365-190-030(1).

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EXHIBIT A

or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchadists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals. For JCC Chapter 18.22 agricultural products are defined in RCW 90.58.065(2)(b).

“Agricultural resource lands (agricultural lands)” means lands that are primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animals products or of berries, grain, hay, straw, turf, seed, or Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through RCW 84.33.140, finfish in upland hatcheries, or livestock, and that have long-term commercial significance for agricultural production (RCW 36.70A.030(2)). Agricultural resource lands are divided into two land use designations, prime (AP-20) and local (AL-20), in the Comprehensive Plan.

“Agricultural warehouse (public warehouse)” means any elevator, mill, subterminal grain warehouse, terminal warehouse, country warehouse, or other structure or enclosure that is used or usable for the storage of agricultural products, and in which commodities are received from the public for storage, handling, conditioning, or shipment for compensation. The term does not include any warehouse storing or handling fresh fruits and/or vegetables, any warehouse used exclusively for cold storage, or any warehouse that conditions yearly less than 300 tons of an agricultural commodity for compensation.

Agritourism” means agriculturally related accessory uses designed to bring the public to the farm on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products, farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm tours, horticultural nurseries and associated display gardens, cider pressing, wine or cheese tasting, etc.

18.10.020 B definitions.

“Buffer” means an area that is intended to protect the functions and values of critical areas. Protecting these functions and values includes the preservation of existing native and nonnative vegetation where it exists, unless otherwise required to be replaced with native vegetation through mitigation or voluntarily enhanced or restored.

18.10.030 C definitions.

“Channel migration zone” (or CMZ) means an area within the lateral extent of likely stream channel movement that is subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion and shifts in the location of stream channels. “Channel migration zone” means the historic channel migration zone (which is the footprint of the active channel documented through historical photographs and maps), the avulsion hazard zone (which is an area with the potential for movement of the main river channel into a new location), and the erosion hazard area (which is an area outside the historic channel migration zone and the avulsion hazard zone, and includes an erosion setback for a 100-year period of time and a geotechnical setback to account for slope retreat to a stable angle of repose). “Channel migration zone” does not include disconnected migration areas, which are areas that have been disconnected from the river by legally existing artificial structure(s) that restrain channel migration (such as levees and

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EXHIBIT A

transportation facilities built above or constructed to remain intact through the 100-year flood elevation), that are no longer available for migration by the river. “Channel migration zone” may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. “High channel migration hazard” (or high risk CMZ) for the Big Quilcene, Little Quilcene, Dosewallips, Duckabush, and Lower Hoh Rivers means those nondisconnected portions of the channel that are likely to migrate within a 50-year time frame. For the Big Quilcene, Little Quilcene, Dosewallips, and Duckabush Rivers, “moderate channel migration hazard” (or moderate risk CMZ) means those nondisconnected portions of the channel that are likely to migrate within a 50- to 100-year time frame; and, “low channel migration hazard” (or low risk CMZ) means those nondisconnected portions of the channel that are likely to migrate beyond a 100-year time frame. For the Lower Hoh River, “moderately high hazard” (or moderately high risk CMZ) means those nondisconnected portions of the channel that are likely to migrate within a 50- to 100-year time frame, “moderate hazard” means those nondisconnected portions of the channel that are likely to migrate beyond a 100-year time frame, and “low hazard” means the nondisconnected portions of the channel that are less likely to be affected by channel migration, but are still at risk due to their location on the valley floor. Rivers that have not been evaluated or mapped for CMZs include: Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon Creek, Upper Hoh River, Bogachiel River, Clearwater River, and Quinault River.

“Critical aquifer recharge areas” has the same meaning as in WAC 365-190-030(3).4

“Critical areas” has the same meaning as in WAC 365-190-030(4).5

“Critical area buffer” means any buffer required by Chapter 18.22 JCC.

18.10.040 D definitions.

None.

18.10.050 E definitions.

“Erosion hazard areas” has the same meaning as in WAC 365-190-030(5).6

4 (3) "Critical aquifer recharge areas" are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge. WAC 365-190-030(3). 5 (4) "Critical areas" include the following: (a) Wetlands; (b) Areas with a critical recharging effect on aquifers used for potable water, referred to in this chapter as critical aquifer recharge areas; (c) Fish and wildlife habitat conservation areas; (d) Frequently flooded areas; and (e) Geologically hazardous areas. WAC 365-190-030(4). 6 5) "Erosion hazard areas" are those areas containing soils which, according to the United States Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience

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EXHIBIT A

18.10.060 F definitions.

“Farm assistance agencies” means federal, state, or local agencies with expertise in the design, implementation, and evaluation of conservation practices including but not limited to the federal Natural Resource Conservation Service, the Washington State Department of Agriculture, or the Jefferson County Conservation District.

“Farm equipment” for all chapters in Title 18 JCC, except Chapter 18.22 JCC, includes, but is not limited to, tractors, trailers, combines, tillage implements, balers, and other equipment, including attachments and accessories that are used in the planting, cultivating, irrigation, harvesting, and marketing of agricultural, horticultural, or livestock products. Farm equipment for purposes of Chapter 18.22 JCC is governed by the definition of agricultural activities.

“Farm plan” means a conservation plan developed by a farm assistance agency and a landowner outlining a series of actions developed to meet a landowner’s goals while protecting water quality and the natural resources within and around the farm property. Many things are considered in a farm plan including farm size, soil types, slope of the land, proximity to streams, wetlands or water bodies, type and numbers of livestock or crops, resources such as machinery or buildings and finances available. The terms conservation plan and farm plan are interchangeable in this context.

“Farm worker housing” means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for agricultural employees.

“Field Office Technical Guide (FOTG)” means a USDA Natural Resources Conservation Service manual that contains information for use in technical assistance to decision-makers for resource management.

“Fish and wildlife habitat conservation areas” has the same meaning as in WAC 365-190-030(6).7

“Forest land” has the same meaning as in WAC 365-190-030(7).8

significant erosion. Erosion hazard areas also include coastal erosion-prone areas and channel migration zones. WAC 365-190-030(5). 7 (6)(a) "Fish and wildlife habitat conservation areas" are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. Counties and cities may also designate locally important habitats and species. (b) "Habitats of local importance" designated as fish and wildlife habitat conservation areas include those areas found to be locally important by counties and cities. (c) "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company. WAC 365-190-030(6). 8 (7) "Forest land" is land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees

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EXHIBIT A

“Frequently flooded areas” has the same meaning as in WAC 365-190-030(8).9

18.10.070 G definitions.

“Geologically hazardous areas” has the same meaning as in WAC 365-190-030(9).10

“Geotechnical professional” means a person with experience and training in analyzing, evaluating, and mitigating any of the following: landslide, erosion, seismic, and/or mine hazards, or hydrogeology, fluvial geomorphology, and river dynamics. A geotechnical professional shall be licensed in the State of Washington as an engineering geologist, hydrogeologist, or professional engineer. In accordance with Washington Administrative Code 308-15-140 and 196-27-020, licensed engineering geologists, hydrogeologists, and professional engineers shall affix their signatures or seals only to plans or documents dealing with subject matter in which they are qualified by training or experience. 18.10.080 H definitions.

“Hydrogeologist” means a person who is qualified to engage in the practice of hydrogeology, has met the qualifications in hydrogeology established under Chapter 18.220 RCW, and has been issued a license in hydrogeology by the Washington State Geologist Licensing Board. In accordance with Washington Administrative Code 308-15-140 and 196-27-020, licensed hydrogeologists shall affix their signatures or seals only to plans or documents dealing with subject matter in which they are qualified by training or experience.

18.10.090 I definitions.

None.

18.10.100 J definitions.

None.

18.10.110 K definitions.

None.

18.10.120 L definitions.

subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. These lands are referred to in this chapter as forest resource lands to distinguish between formally designated lands, and other lands used for forestry purposes. WAC 365-190-030(7). 9 (8) "Frequently flooded areas" are lands in the flood plain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface. WAC 365-190-030(8). 10 (9) "Geologically hazardous areas" are areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. WAC 365-190-030(9).

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EXHIBIT A

“Landslide hazard areas” has the same meaning as in WAC 365-190-030(10).11

“Long-term commercial significance” has the same meaning as in WAC 365-190-030(11).12

18.10.130 M definitions.

“Mine hazard areas” has the same meaning as in WAC 365-190-030(12).13

“Mineral resource lands” has the same meaning as in WAC 365-190-030(13).14

“Minerals” has the same meaning as in WAC 365-190-030(14).15

18.10.140 N definitions.

“Natural resource lands” has the same meaning as in WAC 365-190-030(15).16

18.10.150 O definitions.

None.

18.10.150 P definitions.

“Public facilities” has the same meaning as in WAC 365-190-030(16).17

“Public services” has the same meaning as in WAC 365-190-030(17).18

18.10.170 Q definitions.

11 (10) "Landslide hazard areas" are areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. WAC 365-190-030(10). 12 "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of land. Long-term commercial significance means the land is capable of producing the specified natural resources at commercially sustainable levels for at least the twenty-year planning period, if adequately conserved. Designated mineral resource lands of long-term commercial significance may have alternative post-mining land uses, as provided by the Surface Mining Reclamation Act, comprehensive plan and development regulations, or other laws. WAC 365-190-030(11). 13 (12) "Mine hazard areas" are those areas directly underlain by, adjacent to, or affected by mine workings such as adits, tunnels, drifts, or air shafts. WAC 365-190-030(12). 14 (13) "Mineral resource lands" means lands primarily devoted to the extraction of minerals or that have known or potential long-term commercial significance for the extraction of minerals. WAC 365-190-030(13). 15 (14) "Minerals" include gravel, sand, and valuable metallic substances. WAC 365-190-030(14). 16 (15) "Natural resource lands" means agricultural, forest and mineral resource lands which have long-term commercial significance. WAC 365-190-030(15). 17 (16) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. WAC 365-190-030(16). 18 (17) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services. WAC 365-190-030(17).

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EXHIBIT A

None.

18.10.180 R definitions.

“RCW” means the Revised Code of Washington, as it now exists or may be amended in the future.

18.10.190 S definitions.

“Seiche and landslide generated wave hazard areas” means lake and marine shoreline areas susceptible to flooding, inundation, debris impact, and/or mass wasting as the result of a seiche or landslide generated waves. No known best available science is currently available to characterize potential seiche hazards in Jefferson County.

“Seismic hazard areas” has the same meaning as in WAC 365-190-030(18).19

“Species of local importance” has the same meaning as in WAC 365-190-030(19).20

“SIPZ” means seawater intrusion protection zones.

18.10.200 T definitions.

“Tsunami hazard areas” means coastal areas susceptible to flooding, inundation, debris impact, and/or mass wasting as the result of a tsunami generated by seismic events.

18.10.210 U definitions.

“Urban growth” has the same meaning as in WAC 365-190-030(20).21

18.10.220 V definitions.

None.

18.10.230 W definitions.

“WAC” means the Washington Administrative Code, as it now exists or may be amended in the future.

“Wetland” or “wetlands” has the same meaning as in WAC 365-190-030(22).22

19 (18) "Seismic hazard areas" are areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, or tsunamis. WAC 365-190-030(18). 20 (19) "Species of local importance" are those species that are of local concern due to their population status or their sensitivity to habitat alteration or that are game species. WAC 365-190-030(19). 21 "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. Urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth. WAC 365-190-030(20). 22 (22) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands

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EXHIBIT A

“Wetland specialist” means a person with experience and training in wetlands issues and with experience in performing delineations, analyzing wetland functions and values, analyzing wetland impacts, and recommending wetland mitigation and restoration. Qualifications include: (1) Bachelor of Science or Bachelor of Arts or equivalent degree in biology, botany, environmental studies, fisheries, soil science, wildlife, agriculture, or related field, and two years of related work experience, including a minimum of one year experience delineating wetlands and preparing wetland reports and mitigation plans using the following manuals and guidelines: Federal Manual for Identifying and Delineating Jurisdictional Wetlands, Corps of Engineers Wetlands Delineation Manual 1987 edition and corresponding guidance letters, March 1997 Washington State Wetlands Identification and Delineation Manual, Washington State Wetlands Rating System for Western Washington, as now or hereafter amended. Additional education may substitute for one year of related work experience; or (2) four years of related work experience and training, with a minimum of two years’ experience. delineating wetlands using the manuals cited above and preparing wetland reports and mitigation plans. The person should be familiar with the Pierce County Site Development Regulations, Pierce County Wetland Management Policies, Ordinance Nos. 88-182 and 89-162, and the requirements of this Title.

“Wildlife biologist” means a person with experience and training within the last ten years in the principles of wildlife management and with practical knowledge in the habits, distribution, and environmental management of wildlife. Qualifications include:

(a) Certification as professional wildlife biologist through the Wildlife Society;

(b) Bachelor of Science or Bachelor of Arts degree in wildlife management, wildlife biology, ecology, zoology, or a related field from an accredited institution and two years of professional field experience; or,

(c) Five or more years of experience as a practicing wildlife biologist with a minimum of three years of practical field experience.

18.10.240 X definitions.

None.

18.10.250 Y definitions.

None.

18.10.260 Z definitions.

generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands, if permitted by the county or city. WAC 365-190-030(22).

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EXHIBIT A

None.

Chapter 18.20

PERFORMANCE AND USE‑SPECIFIC STANDARDS

Sections:

JCC 18.20.030 Agricultural activities and accessory uses. 23

(1) Definitions. For the purposes of this section, the definitions in Chapter 18.10 JCC shall apply.

(2) Agricultural Activities.

(a) Where Allowed. Agricultural activities, as defined above and excepting those related to recreational marijuana/cannabis, are an allowed use under any of the Comprehensive Plan land use designations, subject to the provisions of this subsection, except that “processing,” “packing,” and “sales” are regulated under subsection (3) (Accessory Uses). Agricultural activities related to marijuana producing, processing and retail are subject to this section and JCC 18.20.295 for recreational marijuana/cannabis. Where conflicts occur, the more restrictive performance standards shall apply.

(b) When Exempt from Permit Process. Agricultural activities are considered a matter of right and not subject to land use permits or approval from the administrator, except:

(i) Other Applicable Laws and Rules. This section does not exempt the proponent from acquiring any other required approvals from county, state, or federal agencies, including, but not limited to, approvals related to matters of public health, safety, and welfare.

(ii) Critical Areas Ordinance. If there is any conflict between this chapter and Chapter 18.22 JCC, the most protective requirement applies.

(iii) Stormwater Management. Jefferson County stormwater management regulations and procedures are described in JCC 18.30.060, Grading and excavation standards, and JCC 18.30.070, Stormwater management standards. These sections pertain to agricultural activities in the following manner:

(A) Commercial agriculture is exempt from stormwater management minimum standards pursuant to JCC 18.30.070(2) and the referenced Department of Ecology Stormwater Management Manual for Western Washington (manual).

(B) According to the manual, “commercial agriculture” is defined as:

Those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five

23 This section is the result of the work of the Regulatory Task Force appointed by the Board of County Commissioners.

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EXHIBIT A

years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.

(C) Accordingly, agricultural activities such as land preparation for the cultivation of crops or the grazing of livestock and the maintenance of agricultural irrigation infrastructure are exempt from meeting the minimum requirements for stormwater management and from obtaining a stormwater management permit.

(D) This exemption does not apply to new development that is secondarily related to agriculture and that involves the construction of new structures, such as buildings for agricultural processing and retail sales, and the addition of impervious surfaces, such as compacted areas designed to accommodate parking.

(E) This exemption does not apply to the initial clearing of forested land. Conversion of forested land to some other use incompatible with commercial forestry, as defined in the Forest Practices Act, Chapter 76.09 RCW, requires review under JCC 18.20.160, 18.30.060 and 18.30.070. The State Department of Natural Resources may also require a Class IV general forest practices application.

(iv) Farm Ponds and Irrigation Infrastructure.

(A) Construction or expansion of farm and stock ponds and irrigation ditches and infrastructure in association with commercial agriculture as defined above is exempt from meeting stormwater management minimum standards and from obtaining approval; provided, these activities are not conducted in critical areas or critical area buffers as defined in Chapter 18.22 JCC. Landowners are encouraged to document the creation of new exempt ponds through photographs (before, during, and after construction) in order to facilitate any future development review on the property.

(B) Generally, pursuant to JCC 18.30.060(5)(b), drainage improvements constructed in accordance with JCC 18.30.060(2) and 18.30.070 and construction of a pond of one-half acre or less which is not in a regulated wetland are exempt from the stormwater management permit requirement outlined in JCC 18.30.070(5).

(v) Livestock Management.

(A) On designated agricultural lands, livestock management is allowed as a matter of right, except:

(I) Any operation that meets the state or federal definition for an animal feeding operation (AFO) requires a consistency review land use permit (i.e., “Yes” or Type I).

(II) Any activity that meets the state or federal definition for a custom slaughtering establishment, custom meat facility, or medium concentrated animal feeding operation (medium CAFO) requires a conditional administrative (C(a)) land use permit.

https://www.codepublishing.com/cgi-bin/rcw.pl?cite=76.09https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1820.html#18.20.160https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1830.html#18.30.060https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1830.html#18.30.070https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1822.html#18.22https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1830.html#18.30.060https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1830.html#18.30.060https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1830.html#18.30.070https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1830.html#18.30.070



EXHIBIT A

(III) Any operation that meets the state or federal definition for a large concentrated animal feeding operation (CAFO), certified feed lot, public livestock market, stockyard, warehouse, or grain elevator requires a conditional use (C) land use permit.

(B) On lands that are not designated agricultural lands, livestock management is allowed as a matter of right, except:

(I) The slaughter and preparation of between 100 and 1,000 chickens or other fowl in a calendar year by the agricultural producer of the chickens for the sale of whole raw chickens by the producer directly to the ultimate consumer at the producer’s farm requires a conditional administrative (C(a)) land use permit; over 1,000 shall be prohibited.

(II) Any operation that meets the state or federal definition for an animal feeding operation (AFO) requires a conditional administrative land use permit (C(a)).

(III) Any operation that meets the state or federal definition for a custom slaughtering establishment, custom meat facility, certified feed lot, public livestock market, stockyard, warehouse, grain elevator, or medium or large concentrated animal feeding operation (CAFO) shall be prohibited, except in the heavy industrial land use designation, where a conditional use (C) land use permit shall be required.

(C) Facilities for breeding and maintaining working dogs raised for livestock management purposes are exempt from performance of JCC 18.20.060(2), Animal kennels, catteries, and shelters, in order to allow livestock guardian dogs to work during nighttime hours. Facilities for breeding and raising dogs for show or sale must be incidental and accessory to the principal farm activities and meet all of the performance standards for animal kennels and shelters at JCC 18.20.060(2).

(vi) Structures. According to JCC 15.05.040(1), certain types of agricultural structures do not require a building permit from the department of community development.

(A) No county building permit is required for buildings or structures erected exclusively for the storage of livestock, feed, and/or farm implements; provided, these structures are: freestanding, located at least 10 feet from the nearest structure and not attached to any structure, unless attached to another agricultural building; do not contain plumbing, except as necessary to maintain farm animals; do not contain a heat source, such as a wood stove or electric heat, unless specifically permitted.

(B) Agricultural buildings that contain plumbing other than that as authorized above must obtain a plumbing installation permit and health department approval.

(C) Agricultural buildings that contain a heat source for an agricultural purpose must obtain a wood stove permit or an electrical permit as appropriate.

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EXHIBIT A

(D) Agricultural buildings used for the storage of private automobiles, trucks, etc., which are not licensed as farm equipment, are considered garages or carports, and must obtain a building permit.

(E) Agricultural buildings used for the purpose of hosting members of the public for the purpose of retail sales of agricultural products or machinery constructed on site shall require a building permit to ensure life safety and structural integrity. If an older agricultural building constructed under the building permit exemption for agricultural buildings is proposed for hosting members of the public, the building shall be brought into compliance with the building code, as determined by the building official.

(F) The building official shall judge whether a proposed structure, a structure under construction, or a completed structure violates this building permit exemption. A structure determined to be in violation will be considered a structure subject to the building code.

(G) Temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits are not considered structures subject to the State Building Code, Chapter 19.27 RCW, pursuant to RCW 19.27.065.

(3) Accessory Uses.

(a) General Provisions. Pursuant to RCW 36.70A.177:

(i) Accessory uses that support, promote, or sustain agricultural operations and production shall comply with the following:

(A) Accessory uses shall be located, designed, and operated so as not to interfere with natural resource land uses and shall be accessory to the growing of crops or raising of animals;

(B) Accessory commercial or retail uses shall predominantly produce, store, or sell regionally produced agricultural products from one or more producers, products derived from regional agricultural production, agriculturally related experiences, or products produced on site. Accessory commercial and retail uses shall offer for sale predominantly products or services produced on site; and,

(C) Accessory uses may operate out of existing or new buildings with parking and other supportive uses consistent with the size and scale of existing agricultural buildings on the site but shall not otherwise convert agricultural land to nonagricultural uses.

(ii) Accessory uses may include compatible commercial or retail uses including, but not limited to:

(A) Storage and refrigeration of regional agricultural products;

(B) Production, sales, and marketing of value-added agricultural products derived from regional sources;

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EXHIBIT A

(C) Supplemental sources of on-farm income that support and sustain on-farm agricultural operations and production;

(D) Support services that facilitate the production, marketing, and distribution of agricultural products; and,

(E) Off-farm and on-farm sales and marketing of predominantly regional agricultural products and experiences locally made art and arts and crafts, and ancillary retail sales or service activities.

(b) Where Allowed. Accessory uses to agriculture are allowed exclusively in agricultural lands, except those for recreational marijuana. All recreational marijuana activities are subject to specific process approval allowances and prohibitions per JCC 18.15.040, Table 3-1, for recreational marijuana and the performance standards in JCC 18.20.295.

(c) Where Prohibited. Accessory uses to agriculture, as defined, and regulated in this section, are prohibited in all land use districts except agricultural lands. Proposals that would be classified accessory uses in agricultural lands, such as processing, packing, and sales of agricultural products, may be considered and approved in other land use districts under different and appropriate land use classifications, such as commercial use, light industrial use, home business, cottage industry, or small-scale recreation and tourist use, subject to allowed and prohibited uses per land use district and the associated permit processes and approval criteria.

(d) When Exempt from Permit Process. Accessory uses on agricultural lands, except those for recreational marijuana, are considered a matter of right and not subject to land use permits or approval from the administrator, subject to the following limitations and provisions in association with these various use categories:

(i) General. All accessory uses, when exempted from a permit or approval process, shall be conducted in such a manner that:

(A) Parking for all visitors or suppliers is fully accommodated on site in a location and manner that does not encroach upon or negatively impact critical areas and their protection buffers and that converts as little prime agricultural soil as practicable into nonagricultural use.

(B) New structures are constructed or existing structures are expanded in a location and manner that does not encroach upon or negatively impact critical areas and their protection buffers and that converts as little prime agricultural soil as practicable into nonagricultural use.

(ii) Composting and recycling must be nonhazardous and biodegradable.

(iii) Processing and packing agricultural products if at least 50 percent of the product was raised or produced on the site or on other Jefferson County parcels, including but not limited to prepared foods, cheese, wine, beer, decorative materials, compost, etc., including cooperative processing and packing involving more than one local farmer.

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EXHIBIT A

(iv) Retail and wholesale sales of agricultural products from existing or new farm stands and farm buildings, including cooperative sales involving more than one local farmer, subject to the following provisions:

(A) At least 50 percent of the square footage of the undercover, retail display area is comprised of products from the farm on which the stand is located or from land owned by the owner of the stand.

(B) If less than 50 percent of the products sold come from the farm on which the sale occurs, all the products sold must primarily supply local agricultural activities and the sales must be accessory to the prime function of the land as a farm. Examples are sale of hay, specialized livestock materials, farm equipment, livestock fencing, horticultural supplies, etc.

(v) Farm Equipment. Commercial repair and maintenance of farm equipment and sales of equipment, structures, or machinery manufactured on site for use in agricultural operations subject to the following provisions:

(A) The activity must be accessory to the main function of the property as a farm.

(B) The activity shall comply with JCC 18.20.220(1)(a), (c), and (d), Industrial uses – Standards for site development.

(C) Storage of vehicles, equipment, materials or products not related to agriculture must meet the requirements of JCC 18.20.280, Outdoor storage yards.

(vi) Agritourism. Agriculturally related activities designed to bring the public to the farm on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products, farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm tours, horticultural nurseries and associated display gardens, cider pressing, wine or cheese tasting, etc., subject to the following provisions:

(A) All activities must be closely related to normal agricultural activities. Activities which simply adopt an agricultural theme or setting but which are not otherwise a normal extension of agricultural activities are not permitted as a matter of right; however, they may be considered under JCC 18.20.350, Small-scale recreation and tourist uses. The following list of uses not permitted as a matter of right is illustrative but not exhaustive: mechanical rides such as Ferris wheels and carousels, arcade type games and activities, dance halls, stage performances, drinking establishments that serve alcohol which is not wine produced on site, fireworks, sporting events, caged wild animals, exhibits, etc.

(B) Temporary events that are not related to agriculture are regulated by JCC 18.20.380, Temporary outdoor uses.

(vii) Classes. Subject to the following provisions:

(A) Classes are clearly accessory to the primary function of the farm.

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EXHIBIT A

(B) Classes must not exceed four weeks in length for any single course of instruction. Schools with classes that exceed four weeks must meet the provisions of subsection (3)(e)(ii)(B) of this section, addressing agricultural schools.

(C) If students are regularly housed on site for the class, the provisions of JCC 18.20.210, Hospitality establishments, shall apply.

(viii) Lumber Mills and Associated Forestry Processing Activities and Uses. Harvesting, sawing, processing, assembling and selling lumber is limited to timber from the designated agricultural lands property on which the activity is located and is subject to the regulations of JCC 18.20.230, Lumber mills (portable and stationary).

(e) When Permit Process Is Required.

(i) Proposal Exceeds Terms or Limitations. Accessory uses on agricultural lands that are best described as one of the uses listed in subsection (3)(d) of this section and yet exceed or lie outside of the terms and limitations in subsection (3)(d) of this section are considered discretionary uses (i.e., “D” uses), as defined at JCC 18.15.020(1)(b), and subject to a Type II administrative review as specified in Chapter 18.40 JCC. The administrator may classify the proposed use as an allowed “yes” use, conditional administrative use, conditional use, or prohibited use. The permit process is subsequently conducted pursuant to Chapter 18.40 JCC according to the use classification.

(ii) Other Accessory Uses. The following accessory uses may be permitted on designated agricultural lands subject to a discretionary determination by the administrator (i.e., a Type II administrative review process for a “D” use); provided, they are located, designed and operated so as not to interfere with natural resource land uses and subject to the following provisions in association with these various use categories:

(A) Permanent and/or seasonal farm worker housing, in addition to an accessory dwelling unit; provided:

(I) The housing is used exclusively for agricultural workers on the farm and their families or members of the family of the farm owner with at least one member of each household actively working on the farm.

(II) The housing for farm labor is not sold, leased or rented to the general public unless the owner applies for and receives a permit for an agriculture-related recreational or tourist use as specified in JCC 18.20.350.

(III) The farm worker housing units are constructed in such a manner that they meet all applicable regulations for dwelling units for agricultural worker housing.

(IV) A covenant is recorded with the title of the parcel on which the housing is located in a form satisfactory to the county that specifies that the units are exclusively for use by farm laborers and their families employed on the property by the owner. The use of the farm labor dwelling units may be converted to nonagricultural uses and the covenant removed subject to approval by the administrator and issuance of any required land use permits.

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EXHIBIT A

(V) The accommodations shall not require the extension of public sewer services.

(B) Agricultural schools which offer a program that lasts for more than 30 days per year per student and which may be the primary function of the land, subject to the following provisions:

(I) The predominant focus of the curriculum and activities of the school is closely tied to and dependent upon agricultural activities and facilities on the farm. If the school has a conventional curriculum and is merely utilizing an agrarian setting, it does not qualify for location on designated agricultural land.

(II) Agricultural schools under this section which also house students and/or faculty for the duration of the course of study must meet the requirements of JCC 18.40.490 for a conditional use permit.

(III) Buildings and parking facilities used for the school avoid location on prime agricultural soils, whenever practicable.

(C) Veterinary clinics or hospitals which have at least a portion of their business serving large domestic animals necessitating holding pens, paddocks, etc., subject to the provisions of JCC 18.20.420(1)(a) and (b). Veterinary clinics and hospitals that do not include an on-site, large animal practice are not permitted on land designated agricultural land.

(D) Farm restaurant when it is a component of the agritourism activities of a farm subject to the restrictions in JCC 18.20.350(1).

(E) Farm campground for fishing or hunting on or near farm property subject to the regulations in JCC 18.20.350(6)(a)(i) through (ix).

(F) Guide services associated with livestock used for trail riding, packing, etc.

(G) Rural recreational tourist lodging subject to the provisions of JCC 18.20.350.

(H) Commercial display gardens subject to the requirements of JCC 18.20.350(3).

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EXHIBIT A

Chapter 18.22 CRITICAL AREAS

Sections:

Article I. Authority, Purpose, and Intent

18.22.100 Authority.

18.22.110 Purpose.

18.22.120 Intent and Construction of Chapter.

Article II. Administrative Provisions

18.22.200 Applicability.

18.22.210 Identification and mapping of critical areas.

18.22.220 Critical area review process.

18.22.230 General exemptions.

18.22.240 Nonconforming uses and structures.

18.22.250 Variances.

18.22.260 Reasonable economic use exceptions.

18.22.270 Physical separation – Functional isolation.

18.22.280 Adaptive Management.

Article III. Critical Aquifer Recharge Areas

18.22.300 Purpose.

18.22.310 Classification/designation.


18.22.330 Protection standards.

Article IV. Frequently Flooded Areas

18.22.400 Purpose.



18.22.430 Protection Standards - Incorporation by reference of Chapter 15.15 JCC and additional requirements.



EXHIBIT A

Article V. Geologically Hazardous Areas

18.22.500 Purpose.


18.22.520 Regulated activities.


18.22.540 Required Assessments and Reports.

Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs)

18.22.600 Purpose.




Table 18.22.630(1): Stream Buffers.

Table 18.22.630(2): Buffers for Other FWHCAs.

18.22.640 Buffer Reductions and Averaging.

18.22.650 Habitat management plans – When required.

18.22.660 Mitigation.

Article VII. Wetlands

18.22.700 Purpose.




Table 18.22.730(1) Standard Wetland Buffer Widths.

18.22.740 Mitigation.

Table 18.22.740(1): Required Replacement Ratios for Compensatory Wetland Mitigation.

Article VIII Agriculture

18.22.800 Purpose.

18.22.810 Resource Concerns.

18.22.820 Applicability and Classification.



EXHIBIT A

18.22.830 Protection Standards.

Table 18.22.830(1): Agriculture Activities Allowances in Wetland/Stream and Buffers

18.22.840 Monitoring and Adaptive Management.

18.22.850 Compliance.

18.22.860 Limited Public Disclosure.

Article IX. Special Reports

18.22.900 Purpose.

18.22.905 General requirements.

18.22.910 Waivers.

18.22.915 Retaining consultants.

18.22.920 Acceptance of special reports.

18.22.930 Critical aquifer recharge area reports.

18.22.940 Frequently flooded area reports.

18.22.945 Geologically hazardous area reports.

18.22.950 Habitat management plan.

18.22.955 Process and requirements for designating habitats of local importance as critical areas.

18.22.960 Wetland reports.

18.22.965 Critical area stewardship plan reports.



EXHIBIT A

Article I. Authority, Purpose, and Intent

18.22.100 Authority.

This chapter is adopted under the authority of Article XI, Section 11 of the Washington State Constitution, Chapter 36.70 RCW, which empowers a county to enact a critical area ordinance and provide for its administration, enforcement and amendment, and Chapter 36.70A RCW, the Growth Management Act.

18.22.110 Purpose.

The purpose of this chapter is to adopt development regulations that protect critical areas24 that are required to be designated under RCW 36.70A.170 part of the Growth Management Act (Chapter 36.70A RCW).

18.22.120 Intent and Construction of Chapter.

The intent of this chapter is to comply with the requirements for critical areas in the Growth Management Act (Chapter 36.70A RCW), the Growth Management Act implementing regulations (Chapter 365-190 WAC), and the Jefferson County Comprehensive Plan. The provisions of this chapter and all proceedings under it shall be liberally construed with a view to affect its purpose and intent.

Article II. Administrative Provisions


(1) This chapter applies to any land disturbing activity,25 development,26 or activity undertaken on land located within or containing a critical area or a critical area buffer in Jefferson County. All persons within Jefferson County shall comply with this chapter.

(2) Jefferson County shall not grant any permit or other approval to alter a critical area or a critical area buffer without ensuring compliance with this chapter.

(3) No land disturbing activity, development, or activity on land located within or containing a critical area or a critical area buffer in Jefferson County shall be authorized without full compliance with the terms of this chapter.

24 Revised definition in JCC 18.10.030: “Critical areas” has the same meaning as in WAC 365-190-030(4). 25 “Land disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land-disturbing activity. JCC 18.10.120. 26 “Development” means the division of a parcel into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any grading, excavation, mining, landfill; or, any extension of the use of land. JCC 18.10.040.

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EXHIBIT A

(4) Areas characterized by a particular critical area may also be subject to other regulations established by this chapter due to the overlap or multiple functions of some critical areas. When one critical area adjoins or overlaps another, the more restrictive standards shall apply.

(5) Uses, development, and activities in critical areas or critical area buffers for which no permit or approval is required by any other provision of the Jefferson County Code nevertheless are subject to the requirements of this chapter.

(6) When any provision of this chapter is in conflict with any other section of the Jefferson County Code, the provision that provides most protection to the critical area shall apply, except that any critical area occurring within the jurisdiction of the Shoreline Management Act also shall follow the policies and regulations in Chapter 18.25 JCC.

(7) Compliance with these regulations does not remove an applicant from the obligation to comply with all other applicable federal, state, and/or local regulations.

(8) Any action taken in a critical area or a critical area buffer designated by this chapter that is in violation of the standards and conditions contained in this chapter is expressly prohibited.

(9) The requirements of this chapter shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW), as locally adopted (Chapter 18.40 JCC). Any conditions required pursuant to this chapter shall be coordinated with the SEPA review and threshold determination.

(10) This chapter applies to all forest practices over which Jefferson County has jurisdiction under Chapter 76.09 RCW and Title 222 WAC.

18.22.210 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.

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

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EXHIBIT A

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) he 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.

(4) 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 sequencing 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.(5) At every stage of the application process, the burden of demonstrating that a proposal is consistent with this chapter is upon the applicant



EXHIBIT A

18.22.230 General exemptions.

(1) The activities listed in JCC 18.22.230(5) 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 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 JCC 18.22.230(5) 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. Class 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, Title 222 WAC, 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 JCC 18.22.230(5).

(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 JCC 18.22.230(5).

(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 JCC 18.22.230(5).(f) Utility activities. This exemption is limited to the utility activities listed below; provided, the utility activities complies with the additional requirements in JCC 18.22.230(5):

(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.

https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1810.htmlhttps://app.leg.wa.gov/RCW/default.aspx?cite=76.09https://apps.leg.wa.gov/wac/default.aspx?cite=222



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(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 JCC 18.22.230(5), 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 JCC 18.22.230(5) 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 JCC 18.22.230(5). 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 meet the criteria for being designated a fish and wildlife habitat conservation area; provided, the maintenance or repair complies with JCC 18.22.230(5).

(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,



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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 land scaping structures; provided, these activities are part of existing normal residential landscaping activities and no building permit is required and the landscaping complies with JCC 18.22.230(5). This exemption does not allow any additional intrusion, expansion, or introduction of non-native 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 Department of Ecology, Department of Agriculture and 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, non-motorized trails when located in the outer 25% 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 Department of Fish and Wildlife design guidelines and the Jefferson County Shoreline Management Program (Chapter 18.25 JCC).

(5) Additional Protection and Restoration Requirements. Where compliance with this section is required by a section above, all of the following requirements must be met:

https://apps.leg.wa.gov/wac/default.aspx?cite=16-750https://apps.leg.wa.gov/WAC/default.aspx?cite=16-228https://apps.leg.wa.gov/WAC/default.aspx?cite=173-201ahttps://apps.leg.wa.gov/WAC/default.aspx?cite=222-38https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1825.html



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(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 mitigated, as approved by the administrator.

(5) 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 below; 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.

18.22.240 Nonconforming uses and structures.

(1) Any legal use or legal structure in existence on the effective date of this chapter that does not meet the critical area or critical area buffer requirements of this chapter for any designated critical area shall be considered a legal nonconforming use.

(2) Any use or structure for which an application has vested or for which a permit has been obtained prior to the effective date of this chapter, that does not meet the critical area buffer requirements of this chapter for any designated critical area, shall be considered a legal nonconforming use.



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(3) A legal nonconforming use or structure may be maintained or repaired as allowed by this chapter and the nonconforming provisions of JCC 18.20.260.

18.22.250 Variance

(1) Requests for relief from the dimensional or performance standards of this chapter shall require a critical areas variance which shall be processed as a Type III permit; provided:

(2) The Hearing Examiner in accordance with JCC 2.30.070 shall have the authority to grant a variance from the requirements of this chapter when, in the opinion of the Hearing Examiner, all of the following criteria have been met:

(a) There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to surrounding properties or that make it impossible to redesign the project to preclude the need for a variance;

(b) The applicant has avoided impacts and provided mitigation to the maximum practical extent;

(c) The critical area buffer reduction proposed through the variance is the minimum necessary to accommodate the permitted use

(d) Granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvement.

(e) Granting the variance is necessary to ensure consistency with the Comprehensive Plan and any attendant public service obligations.

(f) No other practicable or reasonable alternative exists.

(2) In lieu of criteria (a)(i)-(vi), above, an applicant may pursue a critical area variance through proof of all of the following criteria:

(a) The applicant has avoided impacts and provided mitigation, in accordance with this chapter, to the maximum practical extent.

(b) The variance will not adversely impact receiving water quality or quantity.

(c) The variance will not adversely impact any functional attribute of the critical area.

(d) The variance will not jeopardize the continued existence of species listed by the Federal government or the State as endangered, threatened, sensitive, or documented priority species or priority habitats.

(e) The variance is based on the criteria and standards referenced in this chapter.

18.22.260 Reasonable economic use exceptions.

(1) Permit applicants for a property so encumbered by critical areas and/or buffers that application of this chapter, including buffer averaging, buffer reduction, or other mechanism, would deny all

https://www.codepublishing.com/WA/JeffersonCounty/#!/JeffersonCounty18/JeffersonCounty1820.html



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reasonable economic use may seek approval pursuant to the reasonable economic use standards and procedures provided in this section.

(2) Nothing in this chapter is intended to preclude all reasonable economic use of property. If the application of this chapter would deny all reasonable economic use of the subject property, including agricultural use, use or development shall be allowed if it is consistent with the zoning code and the purposes of this chapter.

(3) To qualify as a reasonable economic use, the technical administrator or hearing examiner, as appropriate, must find that the proposal is consistent with all of the following criteria:

(a). There is no portion of the site where the provisions of this chapter allow reasonable economic use, including agricultural use or continuation of legal nonconforming uses;

(b) There is no feasible alternative to the proposed activities that will provide reasonable economic use with less adverse impact on critical areas and/or buffers.

(c) Activities will be located as far as possible from critical areas and the project employs all reasonable methods to avoid adverse effects on critical area functions and values, including maintaining existing vegetation, topography, and hydrology. Where both critical areas and buffer areas are located on a parcel, buffer areas shall be disturbed in preference to the critical area;

(c) The proposed activities will not result in adverse effects on endangered or threatened species as listed by the federal government or the state of Washington, or be inconsistent with an adopted recovery plan;

(d) Measures shall be taken to ensure the proposed activities will not cause degradation of groundwater or surface water quality, or adversely affect drinking water supply;

(e) The proposed activities comply with all state, local and federal laws, including those related to erosion and sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal;

(f) The proposed activities will not cause damage to other properties;

(g) The proposed activities will not increase risk to the health or safety of people on or off the site;

(h) The inability to derive reasonable economic use of the property is not the result of segregating or dividing the property and/or creating the condition of lack of use; and,

(i) The project includes mitigation for unavoidable critical area and buffer impacts in accordance with the mitigation requirements of this chapter.

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