The purpose of this article is to protect the public health, safety and welfare from harm caused by flooding and to establish protection standards for these areas. It is the intent of this article to prevent damage or loss to both public and private property.
(Ord. 5-20 § 2 (Appx. A))
Frequently flooded areas are lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface. Frequently flooded areas perform important hydrologic functions and may present a risk to persons and property. Flood hazard areas are depicted on the Federal Emergency Management Agency's Flood Insurance Rate Maps (FIRMs). FIRMs display areas of concern including areas that fall within the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.
(Ord. 5-20 § 2 (Appx. A))
These standards apply to any development within frequently flooded areas, unless the proposed activity meets any of the exemptions listed in Chapter 15.15 JCC. The flood damage prevention ordinance (Chapter 15.15 JCC) conforms with the intent of the minimum guidelines (WAC 365-190-110(1)) through directly considering the effects of flooding on human health and safety, together with effects on public facilities and services, through its protection standards. For purposes of this article, "development" is defined as any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, subdivision of land, removal of more than five percent of the native vegetation on the property, or alteration of natural site characteristics.
(Ord. 5-20 § 2 (Appx. A))
This article incorporates by reference the classification, designation and protection provisions contained in the Jefferson County flood damage prevention ordinance (Chapter 15.15 JCC) with the following additions:
(1) 
Compliance with FIRMs. The FIRMs identified in the flood damage prevention ordinance (Chapter 15.15 JCC) shall be used to determine flood hazard areas for compliance with the Federal Emergency Management Agency (FEMA) regulatory requirements. Such flood hazard areas shall be subject to the criteria of the flood damage prevention ordinance (Chapter 15.15 JCC).
(2) 
Compliance with National Marine Fisheries Service Biological Opinion. Development proposed within regulated frequently flooded areas and floodplains shall ensure no impacts to listed fish and wildlife habitat as required by the National Marine Fisheries Service (NMFS) September 22, 2008, final Biological Opinion (BiOp) under the Endangered Species Act (ESA) on the National Flood Insurance Program (NFIP) in Puget Sound (NMFS Tracking No.: 2006-00472 (or as amended by NMFS)).
(3) 
Habitat Assessment Requirements.
(a) 
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).
(b) 
The administrator may request federal assistance in reviewing the submitted habitat assessment.
(c) 
The administrator may waive the requirement to submit a habitat assessment only if:
(i) 
The entire proposal meets one of the exemptions listed in Chapter 15.15 JCC and does not require a state hydraulic permit;
(ii) 
The proposal requires a federal permit that is reviewed by federal agencies responsible for ensuring compliance with the Endangered Species Act (this could include, but is not limited to, project actions covered by separate consultation under Section 4(d), 7, or 10 of the Endangered Species Act);
(iii) 
A habitat assessment previously has been prepared and the proposed project clearly fits within the nature and scope of that habitat assessment; or
(iv) 
If FEMA approves an alternate process for Jefferson County to demonstrate compliance with the Biological Opinion (such as a programmatic review), this department may waive the requirement to submit a habitat assessment.
(Ord. 5-20 § 2 (Appx. A))