(1) 
This chapter applies to any land disturbing activity, development, or activity undertaken on land located within or containing a critical area or a critical area buffer in Jefferson County. All persons within Jefferson County shall comply with this chapter.
(2) 
Jefferson County shall not grant any permit or other approval to alter a critical area or a critical area buffer without ensuring compliance with this chapter.
(3) 
No land disturbing activity, development, or activity on land located within or containing a critical area or a critical area buffer in Jefferson County shall be authorized without full compliance with the terms of this chapter.
(4) 
Areas characterized by a particular critical area may also be subject to other regulations established by this chapter due to the overlap or multiple functions of some critical areas. When one critical area adjoins or overlaps another, the more restrictive standards shall apply.
(5) 
Uses, development, and activities in critical areas or critical area buffers for which no permit or approval is required by any other provision of the Jefferson County Code nevertheless are subject to the requirements of this chapter.
(6) 
When any provision of this chapter is in conflict with any other section of the Jefferson County Code, the provision that provides most protection to the critical area shall apply, except that any critical area occurring within the jurisdiction of the Shoreline Management Act also shall follow the policies and regulations in Chapter 18.25 JCC.
(7) 
Compliance with these regulations does not remove an applicant from the obligation to comply with all other applicable federal, state, or local regulations.
(8) 
Any action taken in a critical area or a critical area buffer designated by this chapter that is in violation of the standards and conditions contained in this chapter is expressly prohibited.
(9) 
The requirements of this chapter shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW), as locally adopted (Chapter 18.40 JCC). Any conditions required pursuant to this chapter shall be coordinated with the SEPA review and threshold determination.
(10) 
This chapter applies to all forest practices over which Jefferson County has jurisdiction under Chapter 76.09 RCW and WAC Title 222.
(Ord. 5-20 § 2 (Appx. A))
(1) 
The approximate location and extent of critical areas within the county are displayed on various inventory maps available on the Jefferson County geographic information system (GIS) web site.
(2) 
The critical areas maps are provided only as a general guide to alert the viewer to the possible location and extent of critical areas. These maps shall not be relied upon exclusively to establish the existence/absence or boundaries of a critical area, or to establish whether all of the elements necessary to identify an area as a critical area actually exist.
(3) 
The type, extent and boundaries may be determined in the field by a geotechnical professional, wetland specialist, wildlife biologist or staff person according to the requirements of this chapter. In the event of a conflict between a critical area location shown on the county's maps and that of an on-site determination, the on-site determination will apply.
(4) 
To the extent practicable, the county shall ensure that its critical area maps are updated as inventories are completed in compliance with the requirements of the Growth Management Act (Chapter 36.70A RCW).
(Ord. 5-20 § 2 (Appx. A))
(1) 
All applicants for new development are encouraged have a customer assistance meeting with the department prior to applying for a permit. Fees for a customer assistance meeting may be applied towards the application fee for the same project. The purpose of this customer assistance meeting is to discuss zoning and applicable critical area requirements, to review any conceptual site plans prepared by the applicant and to identify potential impacts and mitigation measures. Such conference shall be for the convenience of the applicant, and any recommendations shall not be binding on the applicant or the county.
(2) 
The department shall perform a critical area review for any application submitted for a regulated activity. Reviews for multiple critical areas shall occur concurrently. For critical areas within shoreline jurisdiction, critical area review shall occur as part of the shoreline review process.
(3) 
The department shall, to the extent reasonable, consolidate the processing of related aspects of other county regulatory programs which affect activities in regulated critical areas, such as subdivision or site development, with the approval process established in this chapter so as to provide a timely and coordinated review process.
(4) 
As part of the review of all development or building-related approvals or permit applications, the department shall review the information submitted by the applicant to:
(a) 
Confirm the nature and type of the critical area and evaluate any required assessments, reports, or studies;
(b) 
Determine whether the development proposal is consistent with this chapter;
(c) 
Determine whether any proposed alterations to the site containing critical areas are necessary; and
(d) 
Determine if the mitigation and monitoring plans proposed by the applicant are sufficient to protect the public health, safety, and welfare consistent with the goals, purposes, objectives, and requirements of this chapter.
(5) 
If a proposal has the potential to impact a critical area or a buffer, the administrator may require a special report pursuant to this chapter. When required, critical area special reports are subject to the following requirements:
(a) 
The applicant is required to submit a critical area report prepared by a qualified professional based on the report requirements of this chapter;
(b) 
The report will be evaluated to determine if all potential impacts to the critical area or buffer have been addressed in the critical area report;
(c) 
Any impacts of the proposed development will be reviewed for compliance with mitigation requirements (as defined in JCC § 18.10.130) and determine if the mitigation plan sufficiently addresses the potential impacts; and
(d) 
Ensure that the submittal for critical areas is consistent with other documents submitted as part of the application and that the submittal is consistent with the requirements for a complete application in Chapter 18.40 JCC.
(6) 
At every stage of the application process, the burden of demonstrating that a proposal is consistent with this chapter is upon the applicant.
(Ord. 5-20 § 2 (Appx. A))
(1) 
The activities listed in subsection (4) of this section are exempt from the requirements of this chapter, assuming the proposed activity complies with all provisions of the exemption.
(2) 
The administrator may determine that an activity is closely allied or similar to any activity in this list even if the proposed activity does not meet the precise terms of a listed exempt activity. The administrator is authorized to determine through a Type I permit process whether or not a development should be classified as an exempt activity and that such an activity does not impact the functions and values of any critical area or a critical area buffer.
(3) 
It is the responsibility of the applicant to provide sufficient information for the administrator to determine that one of the exemptions listed in subsection (4) of this section applies.
(4) 
The following activities in critical areas or critical area buffers are exempt from the requirements of this chapter:
(a) 
Agriculture, as defined in JCC § 18.10.010, may continue in substantively the same manner; provided, the activity does not result in adverse impacts to a critical area or a critical area buffer. This exemption shall include maintenance and repair of lawfully established structures, infrastructure, drainage and irrigation ditches, and farm ponds; provided, maintenance work does not expand further into a critical area.
(b) 
Forest Practices. Classes I, II, III, and IV special (not Class IV general) forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practice regulations, WAC Title 222, except where the lands have been or are proposed to be converted to a use other than commercial forest product production.
(c) 
Maintenance – Transportation. Maintenance or reconstruction of existing public or private roads, paths, bicycle ways, trails, and bridges; provided, that the maintenance or reconstruction complies with the additional requirements in subsection (5) of this section.
(d) 
Maintenance or Reconstruction – On-Site Sewage Systems. Maintenance or reconstruction of on-site sewage systems; provided, the maintenance or reconstruction complies with the additional requirements in subsection (5) of this section.
(e) 
Maintenance – Drainage. Maintenance and repair of existing drainage facilities or systems and flood control structures, including, but not limited to, ditches that do not meet the criteria for being considered a fish and wildlife habitat conservation area, culverts, catch basins, levees, reservoirs, and outfalls; provided, the maintenance or repair complies with the additional requirements in subsection (5) of this section.
(f) 
Utility Activities. This exemption is limited to the utility activities listed below; provided, the utility activities comply with the additional requirements in subsection (5) of this section:
(i) 
Normal and routine maintenance or repair of existing utility facilities or rights-of-way; or
(ii) 
Installation, construction, relocation and replacement, operation, repair, or alteration of all utility lines, equipment, or appurtenances, not including substations, in improved road rights-of-way.
(g) 
Reconstruction, Remodeling, or Maintenance – Structures. This exemption is limited to reconstruction, remodeling, or maintenance of existing structures within the footprint of an existing lawfully established structure provided the maintenance complies with the additional requirements in subsection (5) of this section, work areas are minimized to the fullest extent possible, work areas are restored to previous conditions as soon as construction is complete, and staging areas are located outside of all critical areas and critical area buffers. This exemption shall not apply if the activity creates or continues a circumstance where personal or property damage is likely due to conditions of the critical area or if there is further intrusion into a critical area or a critical area buffer.
(h) 
Site Investigative Work. Site investigative work in wetlands, landslide hazard areas, riverine and coastal erosion hazard areas, or fish and wildlife habitat conservation areas, or their critical area buffers that is necessary for land use application submittals or permit compliance, including but not limited to groundwater monitoring wells, sediment sampling, surveys, soil borings, shallow soil test pits, and percolation tests involving no fill or use of heavy equipment; provided, the site investigative work complies with the additional requirements in subsection (5) of this section and excavation for soil logs or percolation tests are filled.
(i) 
Emergency Action. Action that is taken which is necessary to resolve or prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation; provided, the emergency action complies with the additional requirements in subsection (5) of this section. If the nature of the emergency requires immediate action within a time period too short to allow full compliance with this chapter, the department, as well as any federal or state agencies with jurisdiction (e.g., the U.S. Army Corps of Engineers), must be notified of the emergency action within one working day of the initiation of the emergency action. Any person or agency undertaking emergency action using this exemption must submit a complete application to department for review and approval within 30 days of abatement of the emergency, and the "after-the-fact" application must show compliance with all requirements of this chapter. Any impacts to critical areas or critical area buffers that are not mitigated within one year of issuance of an "after-the-fact" permit shall be in violation of this exemption and may be subject to enforcement actions by the department.
(j) 
Artificial Wetlands and Artificial Ponds. Artificial wetlands and artificial ponds, provided:
(i) 
The artificial wetland or pond does not meet the definition of wetland or fish and wildlife habitat conservation area; and
(ii) 
The artificial wetland or pond was not historically constructed from a wetland or fish and wildlife habitat conservation area (without receiving all applicable permits to modify the critical area).
(k) 
Irrigation. Operation, maintenance and repair of dikes, ditches, reservoirs, ponds and other irrigation structures and facilities that do not require a state hydraulic permit and do not meet the criteria for being designated a fish and wildlife habitat conservation area; provided, the maintenance or repair complies with subsection (5) of this section.
(l) 
Passive Recreation. Passive recreation, when the activity does not cause adverse impacts. Examples include, but are not limited to, such recreational uses as swimming, canoeing/kayaking, hunting, and fishing (pursuant to state law), bird watching, hiking, and bicycling.
(m) 
Existing Residential Landscaping. Planting, irrigating, mowing, pruning, and maintenance and repair of landscaping structures; provided, these activities are part of existing normal residential landscaping activities and no building permit is required and the landscaping complies with subsection (5) of this section. This exemption does not allow any additional intrusion, expansion, or introduction of nonnative species into a critical area or a critical area buffer.
(n) 
Noxious Weed Control. Removal or eradication of noxious weeds listed in Chapter 16-750 WAC. Such activity is the responsibility of the landowner; provided, the following conditions are met:
(i) 
The removal or control of noxious weeds shall follow guidelines issued by the Jefferson County noxious weed control board. The Jefferson County noxious weed control board shall coordinate with the department of planning and community development for the control of noxious weeds in wetlands.
(ii) 
All herbicide applications in aquatic environments shall conform to the rules of the Washington Department of Ecology, Washington Department of Agriculture and Washington Department of Natural Resources, pursuant to Chapters 16-228, 173-201a, and 222-38 WAC.
(o) 
Harvesting of Wild Crops. The harvesting of wild crops; provided, that the harvesting:
(i) 
Is not injurious to natural reproduction of such crops;
(ii) 
Does not require tilling soil, planting crops, or changing existing topography, water conditions, or water sources; and
(iii) 
Does not have any adverse impacts on protection of the critical area or a critical area buffer.
(p) 
Planting Native Vegetation. The enhancement of a critical area buffer by planting native vegetation.
(q) 
New Trails. The construction of new, unpaved, nonmotorized trails when located in the outer 25 percent of a wetland or a fish and wildlife habitat conservation area or their critical area buffers; provided, the new trail is no wider than five feet. This exemption shall not apply within a frequently flooded area or its critical area buffer, where development must follow FEMA requirements, or within a geologically hazardous area or its critical area buffer if the new trail will be for public use.
(r) 
Navigation Aids and Boundary Markers. Installation of navigation aids and boundary markers; provided, they are installed in accordance with applicable state and federal laws or the installation of mooring buoys in accordance with the Washington Department of Fish and Wildlife design guidelines and the Jefferson County shoreline management program (Chapter 18.25 JCC).
(s) 
Beaver Dam Alterations with a Hydraulic Project Approval Pursuant to Chapter 77.55 RCW and Chapter 220-660 WAC. Beaver dam alteration in stream channels when undertaken with a hydraulic project approval issued by the Washington Department of Fish and Wildlife pursuant to Chapter 77.55 RCW and Chapter 220-660 WAC.
(5) 
Additional Protection and Restoration Requirements. Where compliance with this section is required by a subsection above, all of the following requirements must be met:
(a) 
Prior to the start of the activity for which an exemption is sought, the applicant must submit to the department a written description of the activity that includes at least the following information:
(i) 
Type, timing, frequency, and sequence of the activity to be conducted;
(ii) 
Type of equipment to be used (hand or mechanical);
(iii) 
Manner in which the equipment will be used; and
(iv) 
The best management practices to be used.
The written description shall be valid for five years; provided, there is no significant change in the type or extent of the activity.
(b) 
The activity cannot further alter, impact, or encroach upon critical areas or critical area buffers and no reasonable or practicable alternative exists.
(c) 
The activity cannot further affect the functions of a critical area or a critical area buffer, and no reasonable or practicable alternative exists.
(d) 
Best management practices must be implemented to minimize impacts to critical areas and critical area buffers during the activity.
(e) 
Disturbed critical areas and critical area buffers must be restored immediately after the activity is complete.
(f) 
Any impacts of the activity to a critical area or a critical area buffer must be mitigated, as approved by the administrator.
(6) 
The administrator has the authority to:
(a) 
Request information from an applicant to ensure compliance with exemption requirements;
(b) 
Determine whether or not an application meets the exemptions listed; and
(c) 
Take enforcement action for any land disturbing activity, development, or action undertaken on land located within or containing a critical area or a critical area buffer in Jefferson County that does not meet exemption requirements.
(Ord. 5-20 § 2 (Appx. A))
(1) 
Any legal use or legal structure in existence on the effective date of this chapter that does not meet the critical area or critical area buffer requirements of this chapter for any designated critical area shall be considered a legal nonconforming use.
(2) 
Any use or structure for which an application has vested or for which a permit has been obtained prior to the effective date of this chapter, that does not meet the critical area buffer requirements of this chapter for any designated critical area, shall be considered a legal nonconforming use.
(3) 
A legal nonconforming use or structure may be maintained or repaired as allowed by this chapter and the nonconforming provisions of JCC § 18.20.260.
(Ord. 5-20 § 2 (Appx. A))
(1) 
Requests for relief from the dimensional or performance standards of this chapter shall require a critical areas variance which shall be processed as a Type III permit; provided:
(2) 
The hearing examiner in accordance with Chapter 2.30 JCC shall have the authority to grant a variance from the requirements of this chapter when, in the opinion of the hearing examiner, all of the following criteria have been met:
(a) 
There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to surrounding properties or that make it impossible to redesign the project to preclude the need for a variance;
(b) 
The applicant has avoided impacts and provided mitigation to the maximum practical extent;
(c) 
The critical area buffer reduction proposed through the variance is the minimum necessary to accommodate the permitted use;
(d) 
Granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvement;
(e) 
Granting the variance is necessary to ensure consistency with the Comprehensive Plan and any attendant public service obligations; and
(f) 
No other practicable or reasonable alternative exists.
(3) 
In lieu of the criteria in subsections (2)(a) through (f) of this section, an applicant may pursue a critical area variance through proof of all of the following criteria:
(a) 
The applicant has avoided impacts and provided mitigation, in accordance with this chapter, to the maximum practical extent;
(b) 
The variance will not adversely impact receiving water quality or quantity;
(c) 
The variance will not adversely impact any functional attribute of the critical area;
(d) 
The variance will not jeopardize the continued existence of species listed by the federal government or the state as endangered, threatened, sensitive, or documented priority species or priority habitats; and
(e) 
The variance is based on the criteria and standards referenced in this chapter.
(Ord. 5-20 § 2 (Appx. A))
(1) 
Permit applicants for a property so encumbered by critical areas or buffers that application of this chapter, including buffer averaging, buffer reduction, or other mechanism, would deny all reasonable economic use may seek approval pursuant to the reasonable economic use standards and procedures provided in this section.
(2) 
Nothing in this chapter is intended to preclude all reasonable economic use of property. If the application of this chapter would deny all reasonable economic use of the subject property, including agricultural use, use or development shall be allowed if it is consistent with the zoning code and the purposes of this chapter.
(3) 
To qualify as a reasonable economic use, the technical administrator or hearing examiner, as appropriate, must find that the proposal is consistent with all of the following criteria:
(a) 
There is no portion of the site where the provisions of this chapter allow reasonable economic use, including agricultural use or continuation of legal nonconforming uses;
(b) 
There is no feasible alternative to the proposed activities that will provide reasonable economic use with less adverse impact on critical areas or buffers;
(c) 
Activities will be located as far as possible from critical areas and the project employs all reasonable methods to avoid adverse effects on critical area functions and values, including maintaining existing vegetation, topography, and hydrology. Where both critical areas and buffer areas are located on a parcel, buffer areas shall be disturbed in preference to the critical area;
(d) 
The proposed activities will not result in adverse effects on endangered or threatened species as listed by the federal government or the state of Washington, or be inconsistent with an adopted recovery plan;
(e) 
Measures shall be taken to ensure the proposed activities will not cause degradation of groundwater or surface water quality, or adversely affect drinking water supply;
(f) 
The proposed activities comply with all state, local and federal laws, including those related to erosion and sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal;
(g) 
The proposed activities will not cause damage to other properties;
(h) 
The proposed activities will not increase risk to the health or safety of people on or off the site;
(i) 
The inability to derive reasonable economic use of the property is not the result of segregating or dividing the property or creating the condition of lack of use; and
(j) 
The project includes mitigation for unavoidable critical area and buffer impacts in accordance with the mitigation requirements of this chapter.
(Ord. 5-20 § 2 (Appx. A))
(1) 
Exclusion for Functionally Isolated Critical Areas Buffers. Subject to the limitations in subsection (2) of this section, critical areas buffers that are both physically separated and functionally isolated from a critical area and do not protect the critical area from adverse impacts shall be excluded from critical area buffers otherwise required by this chapter. Functional isolation can occur due to existing public roads, structures, vertical separating, or any other relevant physical characteristic.
(2) 
Limitations on Functional Isolation.
(a) 
Functional isolation shall be limited to wetland buffers and fish and wildlife habitat conservation area buffers only.
(b) 
Functional isolation shall not be used in geologically hazardous areas, critical aquifer recharge areas or frequently flooded areas.
(3) 
Special Report May Be Required. The administrator may require a special report to determine whether a critical area buffer is functionally isolated.
(Ord. 5-20 § 2 (Appx. A))
Adaptive management relies on scientific methods to evaluate how well regulatory and nonregulatory actions achieve their objectives and adjusts those programs. Management, policy, and regulatory actions are treated as experiments that are purposefully monitored and evaluated to determine whether they are effective and, if not, how they should be improved to increase their effectiveness. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. To effectively implement an adaptive management program, Jefferson County, in support of this chapter, will:
(1) 
Address funding for the research component of the adaptive management program;
(2) 
Change course based on the results and interpretation of new information that resolves uncertainties; and
(3) 
Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting critical areas protection and anadromous fisheries.
(Ord. 5-20 § 2 (Appx. A))