Jefferson County Unincorporated
City Zoning Code

Confirm the nature and type of the critical area;

Evaluate any required assessments, reports, or studies;

Determine whether the development application is consistent with this chapter;

Determine whether any additional information is needed to process the development application; and

Determine if the mitigation and monitoring plans proposed by the applicant are sufficient to protect the critical area and associated buffer as well as public health, safety, and welfare consistent with the goals, purposes, objectives, and requirements of this chapter.

The applicant shall submit a special report when required by this chapter;

The report shall be evaluated by DCD to determine if all potential impacts to the critical area or its associated buffer have been addressed in the special report;

DCD shall review the impacts of the proposed development for compliance with mitigation requirements (as defined in JCC § 18.10.130) to determine if the mitigation plan sufficiently addresses the potential impacts; and

Ensure that the submittal for critical area is consistent with other documentation submitted as part of the development application and meet the requirements for a complete application in Chapter 18.40 JCC.

Agricultural activities. Existing agricultural activities, as defined in JCC § 18.10.010, may continue in substantively the same manner; provided, the agricultural activities do not result in additional adverse impacts to a critical area or its associated 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.

Forest practice activities. Classes I, II, III, and IV special (not Class IV general conversions or conversion option harvest plans) in accordance with the provisions of Chapter 76.09 RCW and Title 222 WAC are exempt, except where the lands have been or are proposed to be converted to a use other than commercial forest product production.

Transportation activities maintenance or reconstruction. Maintenance or reconstruction of existing public or private roads, paths, bicycle ways, trails, and bridges are exempt.

On-site sewage system activities. Maintenance or reconstruction of on-site sewage systems are exempt. The expansion or reconstruction of an on-site sewage system shall not further encroach upon a critical area and their associated buffers without obtaining written authorization or a permit from DCD.

Drainage facilities or flood control structure maintenance or repair activities. Maintenance or repair of existing drainage facilities or systems, and flood control structures are exempt. This includes, but is not limited to, ditches (that do not meet the criteria for being designated FWHCAs or wetlands), culverts, catch basins, levees, reservoirs, and outfalls.

Utility activities. The utility activities listed below are exempt:

Reconstruction, remodeling, or maintenance of structures activities. Reconstruction, remodeling, or maintenance of structures activities are exempt, provided:

Site investigative activities. Site investigative work in wetlands, landslide hazard areas, riverine and coastal erosion hazard areas, or FWHCAs, or their associated buffers that is necessary for development application submittals or permit compliance, including but not limited to groundwater monitoring wells, sediment sampling, surveys, soil borings, shallow soil test pits, and excavation for soil logs or percolation tests. Site investigative activities that involve excavated areas are required to be filled unless waived in writing by the administrator.

Emergency activities. Activities necessary to resolve or prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation are exempt; provided:

Artificial wetlands and artificial ponds. Artificial wetlands and artificial ponds activities (including maintenance) are exempt if all of the following requirements are met:

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 FWHCAs or wetlands are exempt.

Recreational uses without any adverse impact to a critical area. Recreational uses that do not cause any adverse impacts to a critical area or its associated buffer are exempt. 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. However, this exemption shall not apply to recreational uses that meet the definition of development.

Existing residential landscaping (typically non-native vegetation), including planting, irrigating, mowing, pruning, and maintenance and repair of landscaping structures are exempt; provided, these activities are part of existing normal residential landscaping activities and no building permit is required. This exemption does not allow any additional intrusion, expansion, or introduction of nonnative species into a critical area or its associated buffer.

Noxious weed control. Removal or eradication of noxious weeds listed in Chapter 16-750 WAC; provided, that all of the following conditions are met:

Harvesting of wild crops. Harvesting wild crops as defined in 7 C.F.R. § 205.2 is exempt; provided, that the harvesting:

Native vegetation enhancement. The enhancement of a critical area or its associated buffer by the removal of invasive plants by handheld machinery, or the planting of native vegetation is exempt. Invasive plants include those listed by the Jefferson County Noxious Weed Board or as listed in the Washington State University Extension invasive forest weed resources. Examples of invasive species include, but not limited to Butterfly bush, English holly, English ivy, Herb robert, Himalayan blackberry, Tansy ragwort, Shiny geranium, or as determined by a qualified agency with jurisdiction, and approved by the administrator.

Pruning and tree removal within FWHCAs, wetlands and moderate or high landslide hazard areas may occur if ecological functions and values are not impacted, complies with this standard, complies with the provisions of this title, or is authorized by DCD, pursuant to the following criteria:

New trails. The construction of three-foot wide, unpaved, nonmotorized trails. This exemption shall not apply to shoreline jurisdiction, or within a frequently flooded area.

Beaver dam alterations with a hydraulic project approval. Beaver dam alteration in stream channels when undertaken with a hydraulic project approval issued by the Washington State Department of Fish and Wildlife pursuant to Chapter 77.55 RCW and Chapter 220-660 WAC are exempt.

Prior to the start of a development, land disturbing activity or use for which an exemption is sought, the applicant shall submit to DCD a written description of the development, land disturbing activity or use that includes all of the following information:

The development, land use activity or use shall not alter, impact, or encroach upon critical areas or their associated buffers and no reasonable or practicable alternative exists;

The development, land use activity or use shall not affect the functions of a critical area or its associated buffer, and no reasonable or practicable alternative exists to achieve the applicant's desired objective;

Best management practices shall be implemented to minimize impacts to critical areas and their associated buffers during the activity;

Disturbed critical areas and their associated buffers shall be restored immediately after the activity is complete; and

Any impacts of the development, land disturbing activity or use to a critical area or its associated buffer shall be mitigated, as approved by the administrator.

Request additional information from an applicant to ensure compliance with exemption requirements, including special reports listed in Article IX of this chapter;

Determine whether an application meets all the criteria for exemptions;

Determine that the development, land disturbing activity, or use is closely allied or similar to any activity in the list in subsection (3) of this section, provided the activity does not impact the functions and values of any critical area or its associated buffer; and

Take enforcement action under Title 19 JCC for any development, land disturbing activity, or use located within or containing a critical area or its associated buffer that does not meet exemption requirements.

All applications for a variance shall include a restoration plan, habitat management plan or mitigation plan consistent with the provisions of Article IX (Special Reports) of this chapter. The application for a variance shall be processed pursuant to Chapter 18.40 JCC (Application and review procedures).

Applications for a variance under this section may be pursued only if buffer averaging is not feasible. Buffer averaging is not considered a variance.

Applications for a Type I Variance or a Type III Variance shall satisfy all of the requirements in subsection (2) of this section.

Failure to grant the variance would result in an extraordinary hardship to the applicant;

The extraordinary hardship to the applicant is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this chapter, and is not, for example, from deed restrictions or the applicant's own action;

The variance is justified to cure a special circumstance and not simply for the economic convenience of the applicant and no other practicable or reasonable alternative exists;

The granting the variance shall not be materially detrimental to the critical area, public health, safety, welfare, use or interest; or injurious to the property or improvements in the vicinity;

The granting of the variance is the minimum necessary to afford relief to accommodate a use allowed under the Comprehensive Plan, Chapter 18.45 JCC, Land Use Districts, Chapter 18.15 JCC, Jefferson County Shoreline Master Program (SMP), Chapter 18.25 JCC, or other applicable provisions of the Code;

The granting of the variance shall not materially compromise the goals and policies of the Comprehensive plan, the Code or be inconsistent with Title 18 JCC.

The applicant shall submit reports documenting the location of all the critical areas and their associated buffers. This information shall be identified on a site map to scale;

Application of this chapter would deny all reasonable use of the property;

There is no other reasonable or practicable use of the property;

The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site;

The proposed development is consistent with the general purposes of this chapter and the public interest, and does not conflict with applicable state and federal laws; and

The proposed alterations to regulated critical areas and their associated buffers are the minimum necessary to allow for reasonable use of the property.

Alluvial fans (Ha);

Artificial fill (Hx);

Beach sand and gravel (Hb);

Dune sand (Hd);

Floodplain alluvium (Hf);

Vashon recessional outwash in deltas and alluvial fans (Vrd);

Vashon recessional outwash in melt water channels (Vro);

Vashon ice contact stratified drift (Vi);

Vashon ablation till (Vat);

Vashon advance outwash (Vao);

Whidbey formation (Pw); and

Pre-Vashon stratified drift (Py).

Sole-source aquifers designated by the U.S. Environmental Protection Agency in accordance with the Safe Drinking Water Act of 1974 (42 U.S.C. 300f et seq.), such as Marrowstone Island;

Special protection areas designated by the Washington State Department of Ecology under Chapter 173-200 WAC;

Wellhead protection areas determined in accordance with delineation methodologies specified by the Washington State Department of Health under authority of Chapter 246-290 WAC;

Groundwater management areas designated by the Washington State Department of Ecology in cooperation with local government under Chapter 173-100 WAC.

Seawater intrusion protection zones are:

High Risk SIPZ.

At Risk SIPZ. Areas within 1,000 feet of a groundwater source with a history of chloride analyses above 100 milligrams per liter (mg/L) are categorized as at risk SIPZ for development proposed under this code.

Chemical manufacturing and processing;

Creosote and asphalt manufacturing or treatment (except that asphalt batch plants may be permitted in susceptible aquifer recharge areas only if such areas lie outside of special aquifer recharge protection areas and only if best management practices are implemented pursuant to JCC § 18.20.240(2)(h)(iv) and JCC § 18.30.170(1) and an accepted special report on the CARA or hydrogeologic report);

Dry cleaners;

Electrical battery processing, reprocessing, or storage;

Electroplating and metal coating activities;

Hazardous substance disposal, storage, and treatment facilities;

Junk and salvage yards;

Landfills;

Petroleum product refinement and reprocessing;

Pipelines;

Radioactive disposal or processing of radioactive wastes;

Recycling centers or recycling collection facilities as defined in JCC § 18.10.180;

Storage tanks (above or below ground) for hazardous substances or petroleum products;

Tank farms;

Waste piles as defined in WAC 173-303-660; and

Wood and wood products treatment or preserving.

All industrial and commercial uses with the potential to impact groundwater;

All rural residential uses that meet one of the following:

Stormwater runoff shall be controlled and treated in accordance with best management practices and facility design standards as identified and defined in the current Stormwater Management Manual for Western Washington and the stormwater provisions contained in Chapter 18.30 JCC. To the extent practicable, stormwater should be managed in a way that facilitates aquifer recharge.

To help prevent seawater from intruding landward into aquifers, all new development activity on Marrowstone Island and within one-quarter mile of any marine shoreline should be required to infiltrate all stormwater runoff on site, except if this would destabilize unstable slopes. The administrator will consider requests for exceptions to this policy on a case-by-case basis. The administrator may require a special report that indicates that infiltration of stormwater is unfeasible based on the hazards to slope stability that complies with all the requirements of JCC § 18.22.930, and demonstrates the project does not pose a threat of seawater intruding landward into aquifers, or other information (like the use of wells in the areas, availability of public water systems, or proximity to marine waters) when making this determination.

Golf courses shall be developed and operated in a manner consistent with the most current edition of "Best Management Practices for Golf Course Development and Operation," King County Department of Development and Environmental Services.

Recreational and institutional facilities (e.g., parks and schools) with extensive areas of cultivated turf shall be operated in a manner consistent with portions of the aforementioned best management practices pertaining to fertilizer and pesticide use, storage, and disposal. In seawater intrusion protection zones, golf courses and other turf cultivation using groundwater for irrigation shall be prohibited, unless the water source is located outside of seawater intrusion protection zones or in an approved public water supply.

Above-ground and underground storage tanks shall be fabricated, constructed, installed, used and operated in a manner which prevents the release of hazardous substances to the ground or groundwater and is consistent with the Washington Department of Ecology's standards for construction and installation under Chapter 173-360A WAC.

Above-ground storage tanks intended to hold or store hazardous substances shall be provided with an impervious containment system, enclosing and underlying the tank; and ensure that other measures are undertaken as prescribed by the Uniform Fire Code which provide an equivalent measure of protection.

Underground storage tanks intended to store hazardous substances shall provide an impervious tertiary containment system underlying the tanks or ensure that other measures are undertaken which provide an equivalent measure of protection.

When required under this section, an impervious containment system must be durable, compatible with the substance it is meant to contain, and large enough to contain a volume equal to 10% of all containers, or 110% of the largest single container, whichever is greater.

How hazardous substance(s) shall be managed in a manner consistent with Chapter 8.10 JCC and Chapter 173-303 WAC;

Screening of any waste suspected of being a regulated dangerous waste as defined in JCC § 8.10.100;

Requirements for labeling of containers holding hazardous substances with the name of the hazardous substance(s) and the applicable material safety data sheets; and

The secondary containment system to be used to prevent releases of hazardous substances to the ground, groundwater, and surface water.

Well Drilling. The Washington State Department of Ecology regulates well drilling pursuant to the Water Well Construction Act. Proposed wells, including those exempt from permitting requirements, shall be sited at least 100 feet from "known or potential sources of contamination," which include "sea-salt water intrusion areas" (WAC 173-160-171), unless a variance is obtained from the Washington State Department of Ecology per WAC 173-160-106.

Subdivisions. Applications for land division (Chapter 18.35 JCC) in coastal, at risk, and high risk SIPZ shall include specific and conclusive proof of adequate supplies of potable water and the applicant must provide a special report that satisfies all the requirements or a hydrogeologic evaluation contained in JCC § 18.22.930(2)(b) that demonstrates that the creation of new lots and corresponding use of water shall not cause degradation of the aquifer by seawater intrusion. A hydrogeologic evaluation shall not be required when the applicant demonstrates that public water is available for the entire project.

Marrowstone Island. Due to documented seawater intrusion on Marrowstone Island and the existence of undeveloped lots of record, DCD, in consultation with Jefferson County environmental public health department shall only allow land division on the island if public water connections are provided to each lot of a proposed project and all existing wells within the project site are decommissioned. No permit shall be approved if a public water connection to each lot of a proposed project cannot be provided.

Building Permits.

All of the following voluntary and mandatory measures for mitigating seawater intrusion apply to development and are required within the coastal, at risk, and high risk SIPZ, and upon Marrowstone Island, in the following manner, in addition to all existing applicable health codes:

Accept the special report on a critical aquifer recharge area, a hydrogeologic evaluation or a hazardous substances management plan and approve the application; or

Reject the special report on a critical aquifer recharge area, a hydrogeologic evaluation or a hazardous substances management plan and require revisions or additional information.

A habitat assessment that meets all the requirements of JCC § 18.22.940 shall be submitted to the department for review if any portion of the proposed project occurs within a special flood hazard area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA).

The administrator may request federal assistance in reviewing the submitted habitat assessment.

The administrator may waive the requirement to submit a habitat assessment only if:

Erosion hazard areas (as defined in JCC § 18.10.050).

Landslide hazard areas (as defined in JCC § 18.10.120). Landslide hazard areas include any areas susceptible to landslide because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors, as follows:

Seismic hazard areas (as defined in JCC § 18.10.190). Seismic areas are areas subject to damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, and tsunamis (as defined JCC § 18.10.200).

Clearing, Grading and Vegetation Removal.

Existing Logging Roads. Where existing logging roads occur in geologically hazardous areas, a geological assessment may be required prior to use as a permanent access road under a conversion or conversion option harvest plan pursuant to JCC § 18.20.160.

DCD may also require:

The provisions in this section are in addition to those required in JCC § 18.30.060, Grading and excavation standards, and JCC § 18.30.070, Stormwater management standards.

If there is a conflict between applicable published standards, the more restrictive protection requirement applies.

Drainage and Erosion Control.

Vegetation Retention Requirements Within a Geologically Hazardous Area and its Associated Buffer. Compliance with all of the following regarding vegetation retention is required:

Top of Slope Building Setback. All development activities or actions that require project permits or clearing in erosion and landslide hazard areas shall provide native vegetation from the toe of the slope to 25 feet beyond the top of slope, with an additional minimum 15-foot building and impervious surface setback, unless otherwise allowed through a geologic assessment. The minimum building and setback shall be increased from the top of the slope as follows:

Building Setback from Toe of Slope. The setback shall be equal to half the height of the slope (1:1 horizontal to vertical) plus 15 feet (per IBC 1808.7).

Larger Native Vegetation Width May Be Required. DCD may require a larger native vegetation width than the standard buffer distance as determined above if any of the following are identified through the geological assessment process:

Reducing Buffer Widths. The administrator may reduce geologically hazardous area buffers as follows:

Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as determined by the administrator, to protect the functions and values of a geologically hazardous area and to reduce risks to public safety and welfare. Information that may be used to support this determination includes but is not limited to:

With the exception of engineered tight-lines for stormwater, new utility lines are allowed within a moderate or high landslide hazard or its associated buffer through a critical area variance under JCC § 18.22.250. Utility lines and pipes that are above ground, properly anchored or designed so that they will continue to function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope instability or result in a risk of mass wasting. Such utility lines may be permitted only when the applicant demonstrates that no other feasible alternative is available to serve the affected population. This would include finding and recommendations in the geotechnical report that the proposed development will not impact the slope stability of the slope of the surrounding area.

New access roads are allowed within a moderate or high landslide hazard or its associated buffer through a variance. Access roads and trails that are engineered and built to standards that minimize the need for major repair or reconstruction beyond that which would be required in nonhazardous areas. Access roads and trails may be permitted only if the applicant demonstrates that no other feasible alternative exists, including through the provisions of Chapter 8.24 RCW. If such access through critical areas is granted, exceptions or deviations from technical standards for width or other dimensions and specific construction standards to minimize impacts, including drainage and drainage maintenance plans, may be required.

Buffer Marking. To ensure that buffers are not impacted by proposed adjacent development, land disturbing activity, or uses and to provide notice of the location of buffers, DCD may require any of the following:

Seismic Hazard Areas Protection Standards.

Tsunami Hazard Areas Protection Standards.

Areas where federally listed species (endangered and threatened) and state-listed species (endangered, threatened, and sensitive species) have a primary association;

Areas where federally listed species (endangered and threatened) and candidate species as listed on WDFW Priority Habitats and Species (PHS) program have a primary association and the administrator determines they should be designed as FWHCAs;

Rivers and streams not otherwise addressed under Washington State Forest Practices regulations (Chapter 76.09 RCW and Title 222 WAC);

Commercial and recreational shellfish areas;

Kelp and eelgrass beds;

Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas;

Naturally occurring ponds less than 20 acres, including submerged aquatic beds that provide fish and wildlife habitat;

Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;

State natural area preserves, natural resource conservation areas, and state wildlife areas; and

Species and habitats of local importance designated pursuant to the process delineated in Article IX (Special Reports) of this chapter.

Jefferson County Critical Areas mapping;

Washington State Department of Natural Resources (DNR) interim Forest Practice Water Typing in WAC 222-16-030;

Washington State Department of Ecology's Washington State Hydrography Dataset Program (WASHD);

Washington State Department of Fish and Wildlife, Priority Habitats and Species maps and lists;

Washington State Department of Fish and Wildlife, forage fish spawning maps;

Washington State Department of Ecology, Coastal Atlas online mapping;

United States Department of the Interior, Fish and Wildlife Service, Information for Planning and Consultation;

United States Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service Species and Habitat App; and

Northwest Indian Fisheries Commission, Statewide Washington Integrated Fish Distribution map.

Habitat Reconnaissance Letter. This type of report shall be used if the field evaluation determines that no regulated FWHCA or buffer is present in the proposed project area, which includes those areas that may be temporarily or permanently affected by construction-related activities or would be within the limits of clearing for construction. Habitat reconnaissance letters shall be prepared by a qualified professional or wildlife biologist based on requirements presented in Article IX (Special Reports) of this chapter;

Habitat Management Plan. This type of report shall be used if the field evaluation determines that any portion of the development occurs within a regulated FWHCA or buffer, which includes those areas that may be temporarily or permanently affected by construction-related activities or would be within the limits of clearing for construction. Habitat management plans shall be prepared by a wildlife biologist based on report requirements in Article IX (Special Reports) of this chapter;

Enhancement Plan. An enhancement plan of degraded FWHCA or its associated buffer may be prepared by a qualified professional, agency with jurisdiction, or wildlife biologist. The plan shall be reviewed and approved by DCD;

Dive Survey. If the proposed use, development, or activity occurs in marine water, a dive survey shall be required to determine if any FWHCA is present in the project area and if any FWHCA has the potential to be affected by the proposal. The results of the survey shall be described in a special report and supported by photos taken underwater; or

Use of Best Available Information. If the potential FWHCA is located off of the property involved and is inaccessible, the best available information shall be used to determine the FWHCA boundary and any buffer.

Vegetation within a FHWCA or its associated buffer shall be retained to the extent practicable. Unless exempt under this chapter, vegetation removal or alteration of a FWHCA or an associated buffer shall be approved by DCD.

Altering the habitat conditions (existing functions and values) of a FWHCA or its associated buffer without prior approval by DCD is prohibited.

During maintenance clearing of rights-of-way and easements for established roadways and existing utilities, all trees (except for hazard trees) and understory vegetation within a FWHCA or its associated buffer lying outside of road rights-of-way and utility easements shall be retained. Retained vegetation may be pruned to the right-of-way or easement limits.

Damage to a FWHCA and its associated buffer from land disturbing activity shall be minimized by installing temporary construction fencing before grading near the buffers, and the felling of trees away from these areas.

Showing the location of the critical area and buffer on all approved site plans adjacent to development or land disturbing activity;

Adding permanent fencing, berms, barriers, or native vegetation plantings. This is intended to ensure that development or land disturbing activity does not encroach upon buffers;

Posting signs along the buffer edge adjacent to the development or land disturbing activity for commercial, industrial development or uses, or for development or uses on public lands. This is intended to ensure that the public knows the location of the buffers;

Record a notice to title on the property with the Jefferson County Auditor prior to approval of the application, if the FWHCA is not identified in the development application or on the County's GIS mapping system. This is intended to disclose to future buyers the existence of critical areas and their potential associated buffers.

General.

Standard Buffers for FWHCAs.

The administrator shall have the authority to average buffer widths adjacent to a FWHCA area up to 25% when all of the following criteria are met:

The administrator shall have the authority to average buffer widths adjacent to a FWHCA area up to 50% when all of the following requirements are met:

Buffer averaging is not feasible;

The specific standards for mitigation sequencing in JCC § 18.22.640 have been applied during the siting and design of the proposed development, which may include consideration of all of the following avoidance and minimization measures:

The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other critical area;

The buffer shall not be reduced to less than 75% of the standard buffer;

The slopes adjacent to the FWHCA within the buffer area are stable;

The reduced buffer shall be fully vegetated. A fully vegetated buffer is one that contains or will mature into a dense, multi-storied, diverse native vegetation community that provides riparian functions adequate to protect the adjacent waterbody. A fully vegetated buffer contains at least 80% aerial cover of trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g., Himalayan blackberry, English ivy, Scotch broom, etc.) or noxious weeds and replacement with native vegetation. Based on the condition of the buffer the administrator may require an enhancement plan or habitat management plan to achieve the fully vegetated standard in its existing or proposed enhanced condition at maturity. These plans shall include a five-year monitoring plan to ensure that standards are met; and

For overwater development or uses, a reduction of the buffers shall be based on the review of reports, established criteria or through consultation with federal and state agencies.

The FWHCA is used by, or has habitat features that could be used by, state or federally listed threatened or endangered species;

The FWHCA serves as nesting or foraging habitat for raptors or great blue herons;

The area adjacent to the FWHCA is susceptible to erosion or landslide; or

The area adjacent to the FWHCA has minimal deep rooting, native vegetation or the slopes are greater than 30%.

There are no practicable or reasonable alternative location is available;

A habitat management plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation;

The design of stream crossings shall meet the requirements of the Washington State Department of Fish and Wildlife Water Crossing Design Guidelines, as amended. Fish passage shall be restored if necessary to address manmade obstructions on site. Other alternatives may be allowed upon a showing that, for the site under review, the alternatives would be less disruptive to the habitat or that the necessary building foundations were not feasible;

Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing site exists;

Bridge piers or abutments may be allowed either within the floodway or between the ordinary high-water marks, provided no other reasonable alternative placement exists;

Crossings shall serve multiple properties whenever possible; and

Where there is no reasonable alternative to providing a culvert, the culvert shall be the minimum size (diameter) and length necessary to accommodate the permitted activity.

A habitat management plan or enhancement plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and the restoration of the site through the establishment of native vegetation;

Construction of utilities may be permitted in FWHCAs when no practicable or reasonable alternative location is available and the utility corridor does not cause or increase habitat fragmentation for state or federally listed species and meets the requirements for installation, replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow existing or permitted roads where possible;

Construction of sewer lines or on-site sewage systems may be permitted in FWHCA buffers when it can be demonstrated that it is necessary to meet state or local health code requirements, that there are no other practicable alternatives available, and construction meets the requirements of this article. Joint use of the sewer utility corridor by other utilities may be allowed;

New utility corridors shall not be allowed in FWHCAs with known locations of federal- or state-listed endangered, threatened, or sensitive species, except in those circumstances where an approved habitat management plan is in place;

Utility Corridor. In addition to meeting the utilities standards above, new utility corridors (serving more than one property) proposed within a FWHCA or its associated buffer shall require a Type III Variance under JCC § 18.22.250. The construction of new utility corridors shall protect the FWHCA and its associated buffer as follows:

Utility towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor shall lead-based paints be used; and

Utilities should follow best management practices for avian protection.

No practicable or reasonable alternative location is available;

A habitat management plan and site plan shall be submitted that show the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation;

A stream channel and bank, bluff, and shoreline may be stabilized when naturally occurring earth movement threatens existing legal structures, public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of fish habitat or improved water quality, as demonstrated through a habitat management plan or equivalent study or assessment; and

Bluff, bank and shoreline stabilization shall follow the standards of the geologically hazardous areas provision in this chapter, and Chapter 15.15 JCC (Flood Damage Prevention). Bluff, bank and shoreline stabilization within shoreline jurisdiction shall follow the standards of Chapter 18.25 JCC (Shoreline Master Program).

No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible;

A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the FWHCA and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation;

Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; and

The road or street construction is the minimum necessary, as required by the department of public works' guidelines, where minimum necessary provisions may include projected level of service requirements.

A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the FWHCA and its buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation;

Trails and other facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other previously disturbed areas;

Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat;

Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located to minimize impacts to wildlife, fish, or their habitat;

Private trails, serving one parcel or legal lot of record, may be permitted within the buffer provided that they do not exceed three feet in width and are designed to minimize the impact to FWHCA and their associated buffers. Trails serving multiple parcels or subdivision shall not exceed six feet in width in the buffer. Trails shall be constructed with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles;

The size, configuration and surfacing of regional and public trails within a buffer shall be determined through a Type II variance permit. Regional trails shall be limited to a maximum of 12-foot-wide paved surface and with a total width of six-foot-wide gravel shoulders for non-motorized public access. This shall also include the submission of a mitigation plan prepared by qualified professional addressing the impacts to the FWHCA and its buffer are minimized, so that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation.

In addition to the submission of a habitat management plan, the relocation of streams, or portions of streams requires a variance under JCC § 18.22.250.

Relocation of a stream may be allowed when there is no other feasible alternative and when the relocation will result in equal or better habitat and water quality and quantity, and will not diminish the flow capacity of the stream or other natural stream processes; provided, the relocation meets state hydraulic project approval requirements, the relocation will not impact the base flood elevation of existing development areas (outside of the project area) within the frequently flooded area, and that relocation of shoreline streams shall be prohibited unless the relocation has been identified formally by the Washington State Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement or identified in watershed planning documents prepared and adopted pursuant to Chapter 90.82 RCW.

Avoiding the impact altogether by not taking a certain action or parts of an action;

Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation;

Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project;

Reducing or eliminating the adverse impact over time by preservation and maintenance operation during the life of the action;

Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments;

Monitoring the required compensation and taking appropriate corrective measures when necessary.

Minimum mitigation requirements are as follows:

FWHCAs mitigation shall include the following options:

In-Lieu Fee Mitigation (ILF). As an alternative to permittee-responsible mitigation, an in-lieu fee program may be used to compensate for impacts or alterations to a FWHCA or its associated buffer, if an established in-lieu fee program is available for the project area. Use of the in-lieu fee program to address impacts to FWHCAs or their associated buffers shall adhere to the in-lieu mitigation requirements in JCC § 18.22.740(4).

Category I. These wetlands are: (i) relatively undisturbed estuarine wetlands larger than one acre; (ii) wetlands of high conservation value that are identified by the State of Washington Natural Heritage Program; (iii) bogs; (iv) mature and old-growth forested wetlands larger than one acre; (v) wetlands in coastal lagoons; or (vi) wetlands that perform many functions well (scoring a total of 23 or more points). These wetlands: (i) represent unique or rare wetland types; (ii) are more sensitive to disturbance than most wetlands; (iii) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (iv) provide a high level of functions.

Category II. These wetlands are: (i) undisturbed estuarine wetlands smaller than one acre or disturbed estuarine wetlands larger than one acre or (ii) wetlands with a moderately high level of functions (scoring between 20 and 22 points total).

Category III. These wetlands are (i) those with moderate level of functions (scoring between 16 and 19 points total) or (ii) those that can often be adequately replaced with a well-planned mitigation project. Wetlands scoring between 16 and 19 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.

Category IV. These wetlands have the lowest levels of functions (scoring 15 or fewer total points) and are often heavily disturbed. These wetlands likely could be replaced or improved in some cases. Replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions.

The wetland does not provide significant breeding habitat for native amphibian species. Breeding habitat is indicated by adequate and stable seasonal inundation, presence of thin-stemmed emergent vegetation, and clean water;

The wetland does not have unique characteristics that would be difficult to replace through standard compensatory mitigation practices;

The wetland is not located within a FWHCA or its associated buffer as defined in Article VI of this chapter, and is not integral to the maintenance of habitat functions of FWHCA;

The wetland is not located within a floodplain;

The wetland is not within the jurisdiction of the county shoreline master program;

The wetland is not part of a mosaic of wetlands and uplands, as determined using the guidance provided in the wetland rating system; and

The wetland does not score five or more points for habitat functions (based on the 2014 version of the Washington Department of Ecology Wetland Rating System, or as amended by Washington Department of Ecology).

Jefferson County Critical Areas Mapping;

United States Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory;

United States Department of Agriculture, Natural Resources Conservation Service, Soil Survey for Jefferson County Areas, Washington;

United States Department of Agriculture, Natural Resource Conservation Service, Hydric Soils List; and

Washington State Department of Ecology, Coastal Atlas Map.

Wetland Reconnaissance. This type of wetland assessment does not require flagging of wetland boundaries or completing a wetland rating form. It shall be used only if no regulated wetland is present within 300 feet of the project area, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of construction. The wetland reconnaissance requires the wetland specialist to assess all areas within 300 feet of any proposed project component.

Wetland Delineation. This type of wetland assessment shall be used if any portion of the proposed project is within 300 feet of a regulated wetland, including those areas that may be temporarily affected by construction-related activities or are within the proposed limits of land disturbing activity. The on-site wetland boundary shall be flagged in the field and flags shall be numbered sequentially, and a wetland rating form shall be completed, as required by JCC §§ 18.22.710(2) and (3), for each wetland identified. A wetland delineation report shall be prepared by the wetland specialist based on report requirements presented in Article IX (Special Reports) of this chapter.

If the wetland is located off of the property involved in the project application and is inaccessible, the best available information shall be used to determine the wetland boundary and category.

The requirement for a wetland evaluation may be waived by the administrator for construction of a single-family residence on an existing legal lot of record if department staff, qualified professional, or a wetlands specialist determines that:

Vegetation within a wetland or its associated buffer shall be retained to the extent practicable. Unless exempt under this chapter, vegetation removal or alteration of a wetland or its associated buffer shall require review and approval by the department;

Altering the habitat conditions of a wetland or its associated buffer without prior review and approval by the department is prohibited;

During maintenance clearing of rights-of-way and easements for established roadways and existing utilities, all trees (except for hazard trees) and understory vegetation within wetlands or its associated buffer lying outside of road rights-of-way and utility easements shall be retained. Retained vegetation may be pruned to the right-of-way or easement limits; and

Damage to a wetland or its associated buffer from land disturbing activity shall be minimized by installing temporary construction fencing before grading near the buffers, and the falling of trees away from these areas.

The marking or flagging of the edge of the wetland or its associated buffer;

A five-foot building setback shall be required from the edge of any buffer area, except for nonstructural improvements such as septic drain fields may be located within a setback;

Showing the location of the critical area and its associated buffer on all approved site plans adjacent to development or land disturbing activity proposed;

Require permanent fencing, berms, barriers, or native vegetation plantings adjacent to new development or new land disturbing activity to ensure that it does not encroach upon buffers;

Require that signs be posted along the buffer edge adjacent to the development, land disturbing activity or use to ensure that the public knows the location of the buffers for:

Require a notice to title be recorded on the property by the permittee prior to the approval being issued, if the location of the wetland or its associated buffer is not identified in the development permit or on the County's GIS mapping system to disclose to future buyers the existence of critical areas and their associated buffers.

The administrator shall have the authority to require buffers from the boundaries of all wetlands as established by this article and in accordance with the following criteria.

Buffers for wetlands shall be measured as a horizontal line perpendicular to the boundary of the wetland.

The standard buffer width for a wetland shall be determined based on the following:

Land use intensity for wetland ratings is based on the following:

The administrator shall have the authority to average buffer widths adjacent to a wetland area up to 25% when all of the following criteria are met.

The administrator shall have the authority to average buffer widths adjacent to a wetland area up to 50% when all of the following requirements are met:

Buffer averaging is not feasible;

The specific standards for mitigation sequencing in JCC § 18.22.640 have been applied during the siting and design of the proposed development, which may include consideration of all of the following avoidance and minimization measures:

The buffer reduction shall not adversely affect the habitat functions and values of the adjacent wetland or other critical area;

The buffer shall not be reduced to less than 75% of the standard buffer;

The slopes adjacent to the FWHCA within the buffer area are stable;

The reduced buffer shall be fully vegetated. A fully vegetated buffer is one that currently contains or will mature into a dense, multi-storied, diverse native vegetation community that provides ecological functions adequate to protect the adjacent waterbody. A fully vegetated buffer contains at least 80% aerial cover of trees and shrubs in its existing or proposed enhanced condition at maturity. This shall also include the removal of invasive non-native plants (e.g., Himalayan blackberry, English ivy, Scotch broom, etc.) or noxious weeds and replacement with native vegetation. Based on the condition of the buffer the administrator may require an enhancement plan or habitat management plan to achieve the fully vegetated standard in its existing or proposed enhanced condition at maturity, which shall include a five-year monitoring plan to ensure that standards are met.

The wetland is used by, or has habitat features that could be used by, state or federally listed threatened or endangered species;

The wetland serves as nesting or foraging habitat for raptors or great blue herons;

The area adjacent to the wetland is susceptible to erosion or landslide; or

The area adjacent to the wetland has minimal deep rooting, native vegetation or the slopes are greater than 30%.

A habitat management plan or enhancement plan shall be submitted with a site plan demonstrating how the impacts to a wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and that the restoration shall be through the establishment of native vegetation.

Construction of utilities, including stormwater BMPs, may be permitted in a wetland and its associated buffer when no practicable or reasonable alternative location is available and the utility does not cause or increase habitat fragmentation for state or federally listed species and meets the requirements for installation, replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow existing or permitted roads where possible.

New utilities shall be aligned when possible, to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side.

New utilities shall be revegetated with appropriate native vegetation at pre-construction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives for a three-year period.

Construction of sewer lines or on-site sewage systems may be permitted in a wetland or its associated buffer when it can be demonstrated that it is necessary to meet state or local health code requirements, that there are no other practicable alternatives available, and construction meets the requirements of this article. Joint use of the sewer utility by other utilities may be allowed.

In addition to meeting the utilities standards above, new utility corridors (serving more than one property) proposed within a wetland or its associated buffer shall require a variance under JCC § 18.22.250.

Utility corridors for towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor shall lead-based paints be used.

Utilities corridors for towers should follow best management practices for avian protection.

A habitat management plan or enhancement plan shall be submitted with a site plan demonstrating that the impacts to a wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation;

No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible;

Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; and

The road or street construction is the minimum necessary, as required by the department of public works' guidelines. Minimum necessary provisions may include projected level of service requirements.

A habitat management plan or enhancement plan shall be submitted with a site plan addressing the impacts to the wetland and its associated buffer are minimized, that any disturbed areas shall be immediately restored, and enhanced through the establishment of native vegetation;

Trails and other facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other previously disturbed areas;

Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat;

Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located within the buffer to minimize impacts to wildlife, fish, or their habitat;

Private trails, serving one parcel or legal lot of record, may be permitted within the buffer provided that they do not exceed three feet in width and are designed to minimize the impact to a wetland and its associated buffer. Trails serving multiple parcels or subdivision shall not exceed six feet in width in the buffer. Trails shall be constructed with pervious surfaces or boardwalks and shall not be utilized by motorized vehicles;

The size, configuration and surfacing of regional and public trails within a buffer shall be determined through a Type II variance. Regional trails shall be limited to a maximum of 12-foot-wide paved surface and with a total width of six-foot-wide gravel shoulders for non-motorized public access. This shall also include the submission of a mitigation plan prepared by wetland biologist or qualified professional; and

The impacts to the wetland and its buffer are minimized, so that any disturbed areas shall be immediately restored, and that restoration shall be through the establishment of native vegetation.

Avoiding the impact altogether by not taking a certain action or parts of an action;

Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation;

Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project;

Reducing or eliminating the adverse impact over time by preservation and maintenance operation during the life of the action;

Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments;

Monitoring the required compensation and taking appropriate corrective measures when necessary.

Except persons exempt under this article, any person who alters or proposes to alter regulated wetlands shall provide wetland mitigation that is equivalent to or greater than impacts in order to compensate for wetland losses. Table 18.22.740(1) specifies the mitigation ratios by category and type of mitigation that must be used for compensatory wetland mitigation:

Compensatory mitigation may also be determined using methods described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Washington Department of Ecology Publication No. 10-06-011, or as amended); provided, the mitigation is consistent with Table 18.22.740(1).

Compensatory mitigation must follow an approved compensatory mitigation plan pursuant to this article, with the replacement ratios as specified above.

Compensatory mitigation must be conducted on property that will be protected and managed to avoid further development or degradation. The applicant or code violator must provide for long-term preservation of the compensation area. The administrator has the authority to require the applicant record a notice to title to ensure protection.

Compensatory wetland mitigation shall be designed to mimic natural wetland hydrologic conditions, and shall not be used as a stormwater system to comply with Chapter 18.30 JCC.

The applicant may be required to post a mitigation performance bond to ensure monitoring the site occurs and contingency plans are implemented if the project fails to meet projected goals. Corrective actions must be coordinated and approved by department of community development.

Buffers adversely affected by a proposed development, land disturbing activity, or use shall be compensated at a mitigation ratio of at least 1:1.

Impacts to buffers that are well-developed, well-established, or have unique natural habitats consisting primarily of native plant species shall require a mitigation ratio greater than 1:1. This could include, but is not limited to, buffers consisting of tall trees; areas dominated by native species; areas considered a priority habitat by WDFW; or habitat conditions that could support rare plants or plant communities.

The permittee shall install a highly visible and durable protective fencing as a barrier between the limits of construction and the retained buffer vegetation. The fencing shall be installed prior to any land disturbing activity, including but not limited to clearing or grading, and shall be maintained during construction to prevent access and protect the wetland and retained buffer. This requirement may be waived if an alternative to fencing that achieves the same objective is proposed by the applicant and approved by the administrator.

Mitigation is to be provided in the preferred order listed below. A lower order preference shall not be approved unless a wetlands evaluation prepared by a wetlands specialist documents to the satisfaction of the administrator that a higher preferred option is not ecologically viable.

On-site compensation within the same subdrainage basin is preferred. The administrator may approve off-site compensation only if:

Compensation outside of the subdrainage basin may be approved by the administrator if an authorized in-lieu fee program is used.

Construction of rectification and compensation projects must be timed to reduce impacts to existing wildlife and flora. Construction must be timed to assure that grading and soil movement occurs during the dry season. Planting of vegetation must be specifically timed to the needs of the target species.

Compensation shall be completed prior to wetland destruction, where feasible.

The ILF program may be used by an applicant as a way to mitigate for project impacts if the impacts to the critical area or its associated buffer occur within an ILF program service area. If an impact occurs outside of an ILF program service area, an applicant may request that DCD investigate the possibility of using the ILF program as mitigation. The ILF program sponsor is under no obligation to accept mitigation responsibilities for impacts outside an ILF program service area.

The applicant shall determine if there is a preference for using the ILF program over permittee-responsible mitigation to compensate for unavoidable impacts. DCD may encourage an applicant to use the ILF program, but shall not require an applicant to use ILF for mitigation.

The administrator may approve an application using an ILF program for mitigation if the ILF program sponsor accepts the mitigation responsibility. The sponsoring organization has the right to deny the request if the sponsoring organization cannot fulfill all ILF program mitigation requirements. If the sponsoring organization does not accept the mitigation responsibility, the applicant shall be responsible for providing mitigation that complies with this chapter. The administrator shall not approve a permit involving ILF mitigation until (i) the applicant has purchased the appropriate number of credits from the sponsoring organization and (ii) the sponsoring organization has completed a statement of sale. Once the ILF program sponsor completes the financial transaction with the applicant, the sponsor becomes responsible for completing the mitigation effort to comply with the requirements of this chapter and the applicable approved in-lieu fee program instrument.

A "prescriptive" approach utilizes the FWHCA protection standards (Article VI) and the wetland protection standards (Article VII). The prescriptive approach utilizes the standard buffer widths from streams, wetlands, and ponds, which may offer a simpler yet stricter set of standards; or

A "performance" based approach where the producer of agricultural products or commodities works independently or with farm assistance agencies to identify the resource concerns that are unique to the farm operation and to implement practices best suited to address those concerns.

New or expanded areas of agricultural activities; and

Producers of agricultural products or commodities conducting one or more of the following agricultural activities within the footprint of an agricultural activity as of the effective date of March 10, 2020, the date agriculture was first regulated under this article:

Exempt agricultural activities per JCC § 18.22.230(3)(a);

Agricultural activities occurring within the footprint of use as of the effective date of March 10, 2020, the date agriculture was first regulated under this article are exempt from compliance with this chapter unless listed in JCC § 18.22.720;

Agricultural activities that meet the FWHCA and wetland prescriptive standards; or

Agricultural activities that do not lie within FWHCA or wetland prescriptive standard.

Type 1 Conservation Practices Compliant. A Type 1 classification applies to producers of agricultural products or commodities that have a farm plan developed by farm assistance agencies, or have completed the agricultural checklist, demonstrating that a development application addresses performance standards in JCC § 18.22.830 due to the nature of the proposals and conservation practices in place that avoid potential negative impacts described under resource concerns in JCC § 18.22.810.

Type 2 Conservation Practices Scheduled. A Type 2 classification applies to development that does not meet one or more performance standards in JCC § 18.22.830 and identifies conservation practices that will adequately address resource concerns created by the agricultural activities. The conservation practices shall be implemented based on a schedule developed in consultation with farm assistance agencies or a report by a natural resource conservation professional. Such scheduled conservation practices shall avoid resource concerns identified in JCC § 18.22.810 and meet performance standards in JCC § 18.22.830.

Conservation practices unable to be met applies when the checklist criteria and cannot document that appropriate conservation practices have been implemented or scheduled that will adequately address resource concerns created by the agricultural activities. A producer of agricultural products or commodities shall complete an agricultural checklist and provide a report prepared by a farm assistance agency or a natural resource professional to demonstrate how the proposal meets the performance standards in JCC § 18.22.830 and avoids potential negative impacts described under resource concerns in JCC § 18.22.810. If performance standards cannot be met with adequate conservation practices scheduled, the proponent shall be subject to the prescriptive standards of this chapter and may apply for variances or reasonable use exceptions as applicable under JCC § 18.22.250 and JCC § 18.22.260, where appropriate, or may pursue a financially bonded critical area stewardship plan (CASP) as applicable under JCC § 18.22.965; provided, the proposal can meet all CASP financial and other provisions.

Structures and impervious surfaces are sited to prevent manure, pathogens, sediment, and other contaminants from entering fish and wildlife habitat conservation areas and wetlands;

Roof runoff is managed so that it does not result in ponding or channeling in confinement areas, or contribute to the discharge of manure, pathogens, sediment, pesticides, and other contaminants to FWHCAs and wetlands;

Agricultural lands are managed to prevent stormwater from carrying manure, pathogens, sediment, pesticides, and other contaminants from entering all FWHCAs and wetlands;

Catch basins, drains, tiles, pipes and other conveyances of surface and ground water that outlet to streams and ditches installed and maintained in a manner that prevents the entry of manure, pathogens, sediment, pesticides, and other contaminants;

Livestock are excluded from FWHCAs and wetlands by means of fencing, gates or other controls that are consistent with the practices recommended by farm assistance agencies;

Buffers are established that either: (i) are consistent with either the prescriptive standards in this chapter applicable to FWHCAs or wetlands or (ii) consistent with farm assistance agency-designed conservation practices that provide for buffers around FWHCAs or wetlands within areas where livestock are kept;

Manure is handled and stored in a way that prevents nutrients, pathogens, sediment, and other contaminants from entering FWHCAs and wetlands;

Manure is applied in a manner to prevent pollution of FWHCAs and wetlands;

Compost production is handled and stored in a way that prevents stormwater from carrying nutrients, pathogens, sediment and other contaminants into FWHCAs and wetlands;

Fertilizers or agricultural chemicals for weed and pest control are applied in a manner that prevents them from entering any FWHCAs and wetlands on agricultural land either by aerial drift or by stormwater run-off;

The development avoids adverse alteration of wetland hydrology;

The development protects riparian vegetation or tree cover after drainage maintenance or construction;

The proposal maintains surface and groundwater flow, discharge, and recharge, through such means including but not limited to maintaining soil permeability, avoiding net increases in impervious areas, avoiding compaction, or avoiding changing discharge to streams;

Existing native woody vegetation is retained along streams, lakes, ponds, and wetlands consistent with the practices recommended by farm assistance agencies;

The site has not been cleared under a forest practices permit or altered tree cover by more than 10,000 square feet;

If in a flood hazard area, all fill or excavation or additional permanent impervious areas as proposed are in conformity with county flood hazard regulations in Chapter 15.15 JCC and the practices recommended by farm assistance agencies; and

A proposed agricultural activity is consistent with locational allowances in subsection (2) of this section.

Cultivation and production and agricultural structures, buildings, impervious areas shall meet the locational allowances and associated performance standards.

The administrator may condition the proposed agricultural activities to avoid resource concerns in JCC § 18.22.810 by requiring conservation practices recommended by farm assistance agencies, a natural resources conservation professional or a qualified professional.

If the agricultural activity has conservation practices unable to be met or does not demonstrably meet the performance standards in subsection (1) of this section, or does not meet locational requirements of Table 18.22.830(1), the administrator shall deny proposal. The proponent may seek use of the prescriptive path offered in this chapter.

Section 4 of the USDA Natural Resources Conservation Service (NRCS) "Field Office Technical Guide" (FOTG) contains a nonexclusive list of conservation practices to guide implementation of the expectations of this article.

The Jefferson County conservation district is available to assist with completion of an agricultural checklist and in the development of conservation plans approved by DCD. A producer of agricultural products or commodities may also work with other farm assistance agencies.

Water quality, as documented in a given watershed by the Jefferson County conservation district or a farm assistance agency.

The existence or absence of large woody debris within a FWHCA, as documented in the analyses completed by the Washington State Department of Fish and Wildlife for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.

The existing riparian buffer characteristics and width, including, but not limited to, the existing amount of shade provided by the existing riparian buffer, as documented in analyses completed for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.

The existing channel morphology as documented with Washington State Department of Natural Resources Aerial Photography.

Location and functions of wetlands if present and determined by a wetland rating or as depicted by National Wetlands Inventory, Jefferson County GIS critical areas mapper or other mapped documentation and described by a wetland rating (when available).

Maintaining or improving documented water quality levels, if available.

Meeting, or working towards meeting, the requirements of any total maximum daily load (TMDL) requirements established by the Washington State Department of Ecology pursuant to Chapter 90.48 RCW.

Meeting all applicable requirements of Chapter 77.55 RCW and chapter 220-660 WAC (Hydraulics Code).

No evidence of degradation to the existing fish and wildlife habitat characteristics of the FWHCA or wetland that can be reasonably attributed to adjacent agricultural activities.

The references above to Chapters 77.55 and 90.48 RCW and Chapters 173-201A and 220-660 WAC shall not be interpreted to replace Washington State Department of Ecology and Washington State Department of Fish and Wildlife authority to implement and enforce these state programs.

Water quality monitoring results shall be based on sampling data collected and analyzed in accordance with the most recent version of the Washington State Department of Ecology Guidelines for Project Quality Plans for Environmental Studies and reviewed by Jefferson County Department of Environmental Public Health or another agency with jurisdiction. To comply with the no harm requirement for water quality, all parameters evaluated must remain comparable (or improve) relative to established state standards. If any water quality parameter shows a decline, DCD and environmental public health may require on-site sampling of upstream and downstream water quality conditions to determine if permitted activities that have been implemented have since affected water quality.

Habitat ecology should remain comparable to the watershed conditions as documented by agencies with expertise with no net loss of critical area functions and values compared to a baseline as of the effective date of March 10, 2020, the date regulation of agriculture was first adopted in this chapter. Additionally, indicators of habitat conditions, such as (i) the percent cover of woody vegetation (native trees and shrubs) shall not result in a net decrease; (ii) the amount of habitat features such as snags, downed woody debris, and open water habitats shall not result in a net decrease.

In-stream fish habitat, wetland and riparian vegetation conditions should remain stable or improve (based on assessments, reports, and online information published by the Washington State Department of Fish and Wildlife or another state or federal agency with jurisdiction). Critical area restoration and habitat improvement projects when required as part of approved conservation practices or performance standards shall meet specific benchmarks to ensure success. The applicant shall propose specific benchmarks for approval by the director. The benchmarks shall reference indicators of habitat conditions per subsection (3)(b) of this section or other relevant habitat ecology indicators based on site specific conditions, advice from farm assistance agencies, advice from agencies with expertise, or applicable areawide studies by qualified professionals or agencies with expertise that are relevant to the site. At a site-specific level, any activity that negatively affects salmonids shall be considered a negative benchmark. This could include, but is not limited to, installation of in-stream barriers to fish passage, removing woody debris from a stream, altering spawning gravel, altering pool/riffle instream conditions, or introduction of chemicals into the water column.

Wetland area and function should remain stable or improve, as documented by monitoring or periodic site inspection of plan implementation or aerial photo analysis of mapped wetlands within areas of new or expanded agricultural intersects.

Self-certification is allowed for approved conservation practices satisfied and not satisfied classifications. A sufficient self-certification monitoring report shall include photos and implemented conservation practices or documentation from farm assistance agencies, a natural resources management professional or a qualified professional. Self-certifications shall be submitted within 45 days of request; county staff may make a site visit. Site visits will be coordinated with the owner or producer of agricultural products or commodities. Prior to carrying out a site inspection, the administrator shall provide reasonable notice to the owner or manager of the property as to the purpose or need for the entry, receive confirmation, and afford at least two weeks in selecting a date and time for the visit. At the owner's or producer of agricultural products or commodities' discretion, the Jefferson conservation district staff or other farm assistance agency staff may accompany DCD.

The county will, in cooperation with producers of agricultural products or commodities or farm assistance agency staff, publish the results of its periodic reviews and make them available to the public and state agencies. These results will include all baseline monitoring data, summary statistics, an assessment of the accuracy and completeness of the data, and a description of data collection issues if any, identified during the reporting period as well as the following additional information:

When a producer of agricultural products or commodities fails to implement and maintain their conservation practices determined to exist or be scheduled per JCC § 18.22.820.

When implementation of the conservation practices fails to protect critical areas. If so, a new or revised agricultural checklist and schedule of conservation practices shall be required per JCC § 18.22.820 to protect the values and functions of critical areas at the benchmark condition described in JCC § 18.22.840 or a baseline established by the producer of agricultural products or commodities in consultation with a farm assistance agency, natural resources management professional or qualified professional.

When substantial changes in the agricultural activities of the farm or livestock operation have occurred that render the current agricultural checklist and associated conservation practices ineffective. Substantial changes that render an agricultural checklist and associated conservation practices ineffective are those that:

When a new or revised agricultural checklist and supporting documentation is required, and the producer of agricultural products or commodities has been so advised in writing and a reasonable amount of time has passed without significant progress being made to develop said plan. Refusal or inability to provide a new agricultural checklist within a reasonable period of time shall be sufficient grounds to revoke the approved agricultural activity and require compliance with the standard provisions of this chapter.

Demonstrate that the submitted development, land disturbing activity or use is consistent with the purposes and specific standards of this chapter;

Describe all relevant aspects of the development proposed and critical areas adversely affected by the development and assess impacts on the critical area from activities and uses proposed;

Where impacts are unavoidable, demonstrate through an alternatives analysis that no other feasible alternative exists; and

Consider the cumulative impacts of the proposed action that includes past, present, and reasonably foreseeable future actions to facilitate the goal of no net loss of critical areas. Such impacts shall include those to wildlife, habitat, and migration corridors; water quality and quantity; and other geologic or watershed processes that relate to critical area condition, process, or service.

The proposed development, land disturbing activity or use, and its location and dimensions;

Provide a scaled site plan that includes a north arrow, property boundaries, existing structures and features on the subject site, and the limits of clearing needed during construction;

Describe existing conditions and all critical areas and their buffers occurring on the property;

Assess potential impacts to all critical areas and their associated buffers per the specific requirements described in this article for each critical area type;

Propose mitigation for unavoidable losses and impacts to critical areas and their associated buffers;

Identify amount of and limits of clearing, grading, and impervious surface on a stormwater calculation worksheet, if applicable; and

Present photographs of the project site.

A detailed description of how the project, including all processes and other activities, has the potential to impact groundwater recharge or for contaminating groundwater;

A hydrogeologic evaluation that includes, at a minimum:

A contaminant transport analysis for the uppermost groundwater supply aquifer assuming an accidental spill or release of project-specific contaminants or on-site sewage discharge, or both if applicable;

A discussion and evaluation that details available on-site spill response and containment equipment, employee spill response training, and emergency service coordination measures;

Best management practices to minimize exposure of permeable surfaces to potential pollutants and to prevent degradation of groundwater quality;

Pollution prevention measures to be implemented, including but not limited to, secondary containment for chemical storage areas, spill prevention measures, and contingency plans for emergencies;

Demonstrate compliance with applicable protection standards in JCC § 18.22.330; and

If performance standards cannot be met with adequate conservation practices scheduled, the applicant shall be subject to the prescriptive standards of this chapter and may apply for a variance under JCC § 18.22.250 or a reasonable use exception under JCC § 18.22.260.

In addition to the general requirements found at JCC § 18.22.905, frequently flooded area reports shall be based on 2013 FEMA Region 10 guidance document entitled Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin (or as amended by FEMA).

Habitat assessments also shall be prepared to comply with Article IV of this chapter and the flood damage prevention ordinance, as codified in Chapter 15.15 JCC.

Describe site location and existing conditions;

Describe proposed activity and all geologically hazardous areas and buffers that occur on the property;

Show the distance of the geologically hazardous area buffers and setbacks from the limits of clearing on a site plan, which should be included with the geotechnical letter; and

Provide recommendations, as appropriate, to minimize the risk of erosion or landslide.

A geotechnical report shall contain the following information:

The administrator may request that the project geologist or project engineer to review reports and plans prepared by others for consistency with the conclusions and recommendations in the geotechnical report.

Site location and description of existing site conditions;

A description of the proposed development, land disturbing activity or use;

The buffer width used;

A description of every FWHCA and its associated buffer on the property;

Narratively and graphically present the distance of all FWHCAs from the limits of clearing, as shown on a site plan. The site plan used during the site visit shall be included in the habitat review letter; and

Photographs of the site, every FWHCA and its associated buffer.

Detailed description of all proposed project components relative to every FWHCAs, other development proposed, and limits of clearing;

State whether or not in-water work is proposed, and if so, describe timing and methods of construction;

Date site visits were made and date report was completed;

A summary of information reviewed prior to the site visit to determine the potential presence of a FWHCA or its associated buffer;

Detailed description of the field investigation results, including habitat types present on the property, habitat conditions with a FWHCA, location of native vegetation on the property, and location of nonnative or invasive vegetation on the property. The habitat management report should indicate if the critical areas extend off site;

If the project area is identified as potential habitat for threatened or endangered species, methods used to determine presence or absence of listed species, methods used to determine if appropriate habitat occurs on site or in the vicinity of the site, and results of the field investigation;

In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC § 18.30.060 and JCC § 18.30.070, and the current Stormwater Management Manual for Western Washington, describe any potential effects of the development, land disturbing activity or use on stormwater quantity, quality, and runoff patterns post-construction. The report shall state whether the proposal will affect or alter water movement to the FWHCA and its associated buffer if the development, land disturbing activity or use is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post-construction;

Identify all potential impacts of the development, land use activity or use on every FWHCA and its associated buffer. The habitat management report shall include:

Provide a detailed mitigation plan for any unavoidable impacts. Mitigation plans shall include:

The applicant shall provide information demonstrating that the species or habitat is native to Jefferson County, existing on or before the date of adoption of the regulations codified in this chapter.

The application shall include all of the following:

The application shall include a management plan for protection of the species or habitat that includes all of the following:

The applicant shall be responsible for paying all fees and all expenses incurred by Jefferson County to process the application for designation of a species or habitat of local significance.

The application for designating a species of local importance under this section shall satisfy all of the following requirements:

Applications for habitats nominated for designation under this section shall satisfy all of the following criteria:

DCD shall determine whether the application submittal is complete. If deemed complete, DCD shall evaluate the proposal for compliance with the approval criteria in this section and make a recommendation to the planning commission based on those criteria. DCD shall also notify all parcel owners affected of the terms and contents of the proposal.

Upon receipt of a staff report and recommendation from DCD, the planning commission shall hold a public hearing, and make a recommendation to the Jefferson County board of commissioners based upon the approval criteria in this section.

The board of commissioners shall consider the recommendation transmitted by the planning commission at a regularly scheduled public meeting, and may then adopt an ordinance formally approving the designation. Should the board wish to vary from the planning commission recommendation and alter or reject the application, such action may only occur following a separate public hearing conducted by the board.

Upon approval, the ordinance designating and regulating the species or habitat of local importance shall be codified in this article for public information and implementation by DCD, and a notice to title shall be placed upon all parcels affected by the designation.

Each ordinance creating a species or habitat of local importance shall include periodic review or reassessment of the initial designation. The length of the periodic review may be dependent on the characteristics of the species or habitat.

Describe all wetlands and their associated buffers on the property;

Narratively and graphically describe the distance of all wetlands from the limits of clearing, as shown on the site plan. The site plan used during the site visit shall be included in the wetland reconnaissance letter;

Provide a wetland delineation field data form for all potential wetland areas assessed;

Plot locations shall be shown on the site plan that is attached to the wetland reconnaissance letter; and

Photographs of the site and the wetlands.

Date site visits were made and date report was completed.

Summary of information reviewed (such as maps and reports) to determine the potential for wetlands to be present. Based on this review, describe wetlands and associated buffers within 300 feet of the development, land disturbing activity or use.

Detailed description of the field evaluation results, location and types of wetlands identified, and buffer conditions. Discuss all on-site wetlands identified, potential off-site wetlands, and wetland ratings and associated buffer widths. Indicate locations of wetland boundary flagging and plot flagging, including flag color, type, and number.

Wetland Determination Field Data Forms for all wetland and upland plots shall be included in the report.

Wetland Rating Forms for all wetlands identified shall be included in the report.

In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC § 18.30.060 and JCC § 18.30.070, and the most current version of the Stormwater Management Manual for Western Washington, describe any potential effects of the development, land disturbing activity or use on stormwater quantity, quality, and runoff patterns post-construction. The report shall state whether the development, land disturbing activity or use will affect or alter water movement to the wetland if the development, land disturbing activity or use is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post-construction.

All potential impacts shall be identified. The impact assessment shall include:

Prepare a mitigation plan for any unavoidable impacts to wetlands and buffers. Mitigation plans shall include:

Photographs of the site and the wetlands or buffer.

CASPs shall not be used where rural transitional zoning applies pursuant to Chapter 18.19 JCC if a buffer reduction has the potential to preclude future urban growth area density requirements in Chapter 18.18 JCC;

CASPs on properties one-quarter acre or larger;

CASPs are only allowed for development, land disturbing activities or uses proposed in FWHCAs and their associated buffers (Article VI) or wetlands and their associated buffers (Article VII);

CASPs shall provide equal or greater protection of critical area functions and values than the prescriptive standards of buffers and setbacks;

Permits for a CASP not in shoreline jurisdiction as determined by Chapter 18.25 JCC shall be processed as a Type I land use decision under Chapter 18.40 JCC; and

Permits for a CASP in shoreline jurisdiction shall be processed as specified in Chapter 18.25 JCC.

The maximum period of CASP permits shall be five years from the date the CASP permit is issued. Once a CASP permit has expired, it shall not be renewed.

A CASP permit shall be limited to the same period as the underlying permit (e.g., building permit, septic permit, shoreline permit). However, if the underlying permit does not have a specified expiration date or if the CASP application is a standalone application, the CASP permit shall be limited to five years from the date the CASP permit is issued.

The application for a CASP shall be made on a form approved by DCD. The applicant shall record a notice title for the CASP and any approved mitigation with the Jefferson County auditor's office and shall post a mitigation performance bond in an amount determined by the administrator to be sufficient to ensure compliance with the CASP, including the estimated cost of monitoring by staff or a qualified professional or natural resources conservation professional to ensure that maintenance and monitoring are completed as required by this section. Any amount remaining shall be refunded to the applicant at the end of the specified monitoring period or when all performance standards are met, whichever is later.

No other permits (such as building, shoreline, septic) shall be approved until the applicant has recorded the notice to title and posted the performance bond required by this section, unless approved by the administrator.

CASP reports shall be prepared by a qualified professional, wildlife biologist, a wetlands specialist, or both, as the administrator may require and shall show compliance with JCC § 18.22.905 (general requirements) and JCC § 18.22.950 (habitat management reports) or JCC § 18.22.960 (wetland reports).

The CASP report shall be consistent with protection standards in Article VI (FWHCA) and Article VII (wetlands).

It is the burden of the applicant to demonstrate to the satisfaction of the administrator that the mitigation proposal in the CASP report is sufficiently detailed to justify the impact to the critical area and or its associated buffer. CASPs that cannot demonstrate protection of the critical area and its associated buffer shall not be approved.

A contour map describing final contours if grading is required;

A quantitative description of the work completed to show compliance with the approved mitigation plan and CASP permit conditions;

Establishment of two or more permanent photo documentation stations with established bearings and monuments to ensure that subsequent photographs depict the same landscape for comparative purposes;

Additional photographic documentation that shows the condition of mitigation area(s) once CASP mitigation has been implemented;

A site plan showing the location of the mitigation areas relative to the mitigation proposal as presented in the approved CASP report and to the CASP permit conditions; and

Building final certificate of occupancy or septic final shall not be issued until the applicant has submitted an as-built showing compliance with this article, the approved CASP report, and all CASP permit conditions.