Article VIII Agriculture

Jefferson County desires to encourage the conservation of productive agricultural lands and to implement alternative means of protecting critical areas using conservation practices in this article. As allowed under WAC 365-196-830 (Protection of Critical Areas), both regulatory and voluntary measures may be developed and used to prevent degradation of critical areas.

The well-being of agricultural activities in Jefferson County depends in part on good quality soil, water, air, and other natural resources. Agricultural operations that incorporate protection of the environment, including critical areas and their buffers as defined by this title, are essential to achieving this goal.

Jefferson County offers agricultural producers two paths to achieve no net loss of critical area functions and values while supporting the viability of agriculture. These two paths are:

A "prescriptive" approach is one in which standard buffer widths from streams, wetlands, and ponds are established, which may offer a simpler yet stricter set of standards; or

A "performance" based approach where the producer 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.

Jefferson County shall ensure monitoring and adaptive management processes are in place to evaluate whether the application of performance-based approaches address resource concerns identified in this article to the extent related to agricultural activities.

(Ord. 5-20 § 2 (Appx. A))

§ 18.22.810 Resource concerns.

Agricultural activities have the potential to create adverse impacts to critical areas. It is the county's policy to minimize such impacts.

Nutrient Pollution of Water. Agricultural activities without proper conservation practices may contribute wastes or sediments into a natural or modified natural stream or wetlands.

Nutrient and Farm Chemical Management. Without proper conservation practices, manure could be carried into a stream, wetlands, or other waters of the state by any means. Farm chemicals must be applied consistent with chemical container labels and all applicable federal and state laws and regulations to avoid harm to streams, wetlands, and other fish and wildlife habitat conservation areas.

Soil Erosion and Sediment Control Management. Construction of roads used for agricultural purposes, agricultural equipment operation, and ditch construction and maintenance should be undertaken in such a manner as to avoid sediment contribution to streams.

§ 18.22.820 Applicability and classification.

Operation and Maintenance of Agricultural Drainage Infrastructure. Maintenance and operation of ditches should be designed to prevent maintenance problems, avoid blocking water flow, ensure control of erosion, avoid sedimentation, protect water quality, and ensure stream bank vegetation is protected or replanted.

(5)

Riparian Management. Dense riparian vegetation along the water's edge will slow and protect against flood flows; provide infiltration and filtering of pollutants; secure food and cover for fish, birds, and wildlife; and keep water cooler in summer. Existing riparian vegetation should be managed to continue to provide soil and streambank stability, shade, filtration, and habitat for fish and wildlife, and control noxious weeds.

(Ord. 5-20 § 2 (Appx. A))

Applicability. Proponents of the following activities within fish and wildlife conservation areas or wetlands or their buffers shall comply with either the prescriptive standards of this chapter or the performance-based approach in this article:

New or expanded areas of agricultural activities.

Producers conducting one or more of the following activities within the footprint of the agricultural activity as of the effective date of this code (March 10, 2020):

Adding or expanding temporary or permanent structures;

(ii)

Adding or expanding compacted areas such as for parking, roads, or access;

(iii)

Adding or expanding impervious areas;

(iv)

Adding or replacing wells or septic systems;

(v)

Constructing or altering ditches or drainage systems;

(vi)

Constructing or altering farm and stock ponds;

(vii)

Expanding or altering manure or compost management structures or practices;

(viii)

Altering the application of fertilizers or agricultural chemical management activities in proximity to wetlands or water bodies;

(ix)

Adding or altering irrigation practices; or

(x)

Other similar activities as determined by the administrator.

This article does not apply to:

Exempt Activities per JCC § 18.22.230. Agricultural activities occurring within the footprint of use as of the effective date of this code (March 10, 2020) are exempt from compliance with this chapter unless listed in JCC § 18.22.720.

Agricultural activities that do not lie within fish and wildlife conservation areas or wetlands.

Agricultural Checklist and Classification. The department shall develop, adopt and maintain an agricultural checklist in consultation with farm assistance agencies for completion by producers. The agricultural checklist shall identify agricultural activities and the conservation practice(s) necessary to achieve the performance standards in JCC § 18.22.830 and avoid potential negative impacts described under resource concerns in JCC § 18.22.810. Based on the achievement of performance standards as documented in the agricultural checklist, proposals shall be typed as follows:

Type 1 Conservation Practices Compliant. Type 1 applies to producers that have a farm plan developed by state or federal farm assistance agencies, or have completed the agricultural checklist, demonstrating that the proposal 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. Type 2 applies to proposals that do 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.

Type 3 Critical Area Undocumented. Type 3 proposals do not meet Type 1 or 2 criteria and cannot document that appropriate conservation practices have been implemented or scheduled that will adequately address resource concerns created by the agricultural practices. The producer shall complete an agricultural checklist and provide a report prepared by a state or federal farm assistance agency or a natural resource conservation 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 economic use exceptions as applicable under JCC § 18.22.250 and § 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.

(Ord. 5-20 § 2 (Appx. A))

§ 18.22.830 Protection standards.

Performance Standards. Producers shall submit an agricultural checklist and supporting documentation to the satisfaction of the administrator to demonstrate the following performance standards are met due to the nature of the proposal as well as installed or scheduled conservation practices:

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 fish and wildlife habitat conservation areas and wetlands.

Areas of farm production are managed to prevent stormwater from carrying manure, pathogens, sediment, pesticides, and other contaminants from entering all fish and wildlife habitat conservation areas 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.

(e)

Livestock are excluded from fish and wildlife habitat conservation areas and wetlands by means of fencing, gates or other controls that are consistent with the practices recommended by farm assistance agencies.

(f)

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

(g)

Manure is handled and stored in a way that prevents nutrients, pathogens, sediment, and other contaminants from entering fish and wildlife habitat conservation areas and wetlands.

(h)

Manure is applied in a manner and its application timed to prevent pollution of fish and wildlife habitat conservation areas and wetlands.

Compost production is handled and stored in a way that prevents stormwater from carrying nutrients, pathogens, sediment and other contaminants into fish and wildlife habitat conservation areas and wetlands.

(j)

Application of fertilizers or agricultural chemicals for weed and pest control are conducted in a manner that prevents them from entering any fish and wildlife habitat conservation areas and wetlands on the farm either by aerial drift or by stormwater run-off.

(k)

The proposal avoids adverse alteration of wetland hydrology.

(l)

The proposal protects riparian vegetation or tree cover after drainage maintenance or construction.

(m)

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.

(n)

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

(o)

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

(p)

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 and the practices recommended by farm assistance agencies.

(q)

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

Locational Standards. Table 18.22.830(1) identifies agricultural activities that are allowed in or near wetlands and streams and their prescriptive buffers.

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

Table 18.22.830(1) Agricultural Activities Allowances in Wetland and Wetland/Stream Buffers
Activity	Allowed in Wetlands	Allowed in Prescriptive Wetland and Stream Buffers
Cultivation and production	Yes, existing agricultural activities lawfully established as of the effective date of this chapter (March 10, 2020) Yes, new or expanded agricultural activities ^1,2	Yes, existing agricultural activities lawfully established as of the effective date of this chapter (March 10, 2020) Yes, new or expanded agricultural activities ^1,2
Agricultural structures, buildings, impervious areas	Limited to activities addressed by farm assistance agency practices on farmed wetlands, including but not limited to high tunnel systems, where consistent with federal and state law ^1,2,3	Yes, existing agricultural activities lawfully established as of the effective date of this chapter (March 10, 2020) Yes, new or expanded agricultural activities ^1,2
Notes: ¹ Subject to performance standards in subsection (1) of this section and determined to be a Type 1 or Type 2 proposal per JCC § 18.22.820. ² Conditions or performance standards applied by the administrator may include but are not limited to wetland/riparian or buffer enhancement in limited circumstances and as determined in consultation with a farm assistance agency or qualified professional, provided proposed actions for compensation are conducted in advance of the impact and are shown to be successful and provided enhancement is part of ongoing monitoring. ³ Producers shall demonstrate they have received a NRCS Certified Wetlands Determination or equivalent determination by another farm assistance agency, state oversight agency official, qualified professional, or Jefferson County.

Structures. Structures shall be determined to achieve no-net-loss of critical area functions and values when following NRCS Field Office Technical Guides (FOTGs). Documentation supports the administrator making a written decision finding that the landowner's compliance with other state or federal regulations or permits provides sufficient protection on the site to satisfy related critical areas requirements of this chapter.

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

If the agricultural activity is a Type 3 critical area undocumented 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.

Conservation Practices. Agricultural landowners and operators are encouraged to design conservation practices through use of the following resources:

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.

§ 18.22.840 Monitoring and adaptive management.

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

(5)

Scheduled Conservation Practices. For a Type 2 conservation practices scheduled proposal, the proponent shall identify the standards by which the practice will be designed and the scheduled date of implementation. The proponent shall provide documentation the scheduled conservation practice has been established in accordance with the design specifications following implementation.

(Ord. 5-20 § 2 (Appx. A))

Monitoring provides information used by Jefferson County to assist in determining the effectiveness of the county's critical area regulations and conservation practices applicable to agricultural activities. Jefferson County shall develop a cooperative monitoring program with producers, conservation district and farm assistance agency staff based on the conservation practices and performance standards of approved critical areas permits in agricultural areas. The monitoring program shall identify existing functions and values per subsection (1) of this section, the thresholds of no harm or degradation in subsection (2) of this section, and the benchmarks and outcomes in subsection (3) of this section. The monitoring and adaptive management report shall be prepared periodically in accordance with subsection (4) of this section.

"Existing functions and values" relate to the following categories as compared to conditions as of the effective date of this chapter (March 10, 2020):

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

The existence or absence of large woody debris within a stream, as documented in the analyses completed by the Washington 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 Department of Natural Resources Aerial Photography.

(e)

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).

"No harm or degradation" means the following:

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 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 stream or wetland that can be reasonably attributed to adjacent agricultural activities.

(e)

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 Department of Ecology and Washington Department of Fish and Wildlife authority to implement and enforce these state programs.

Monitoring Program Benchmarks and Outcomes.

Water quality monitoring results shall be based on sampling data collected and analyzed by Jefferson County department of public health or a designated partnering agency. 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, the departments of community development and 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 this ordinance (March 10, 2020). Additionally, indicators of habitat conditions, such as (i) the percent cover of woody vegetation 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 the Washington Department of Fish and Wildlife or another state or federal agency with comparable expertise). 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.

Reporting. The administrator shall periodically review the monitoring and adaptive management report of applicant conservation practices programs' implementation and compliance beginning one year after the effective date of this article and every two years thereafter, through the life of the monitoring and adaptive management report, or more frequently at the administrator's discretion. The review may include periodic site inspections, a certification of compliance by the producer, or other appropriate actions. A subset of properties may be monitored on a rotating basis.

Self-certification is allowed for approved Type 1 or Type 2 classifications. A sufficient self-certification monitoring report shall include photos and implemented conservation practices or documentation from farm assistance agencies 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 landowner/producer. 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 landowner's/producer's discretion, the Jefferson conservation district staff or other farm assistance agency staff may accompany staff.

The county will, in cooperation with producers 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:

A description of all compliance assessments and source identification actions taken during the reporting period;

(ii)

A description of educational outreach actions as well as enforcement actions taken during the reporting period;

(iii)

A description of any actions taken to modify conservation practices on a site or area specific basis;

(iv)

A discussion of monitoring priorities for the next reporting period; and

(v)

Potential adaptive management measures applicable on an areawide or countywide basis when monitoring indicates: that standards or thresholds are being exceeded; the exceedance is adversely affecting designated critical areas; and a change in regulations that are applicable areawide or countywide is needed to address the exceedance. Modifications may also be made if monitoring indicates that less stringent standards are appropriate based on best available science.

(Ord. 5-20 § 2 (Appx. A))

§ 18.22.850 Compliance.

Critical area protection is required for existing and ongoing agriculture as well as new agriculture. All agricultural activities shall be conducted so as not to cause harm or degrade the existing functions of critical areas and associated buffers.

Agricultural activities are expected to meet the objectives and standards of this article through voluntary compliance. Agricultural operations shall cease to be in compliance with this article, and a new or revised agricultural checklist and supporting documentation will be required consistent with JCC § 18.22.820, when the administrator determines that any of the following has occurred:

When a producer fails to implement and maintain their conservation practices determined to exist or be scheduled in a Type 1 or Type 2 review per JCC § 18.22.820 properly and fully.

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 in consultation with a farm assistance agency 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:

Degrade baseline critical area conditions for riparian and wetland areas that existed when the plan was approved;

(ii)

Result either in a direct discharge or substantial potential discharge of pollution to surface or ground water; or

(iii)

The type of agricultural practices changes from Type 1 to Type 2, Type 2 to Type 3.

When a new or revised agricultural checklist and supporting documentation is required, and the producer 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.

When a producer denies the administrator reasonable access to the property for technical assistance, monitoring, or compliance purposes, then the administrator shall document such refusal of access and notify the producer of his/her findings. The producer shall be given an opportunity to respond in writing to the findings of the administrator, propose a prompt alternative access schedule, and to state any other issues that need to be addressed. Refusal or inability to comply with an approved agricultural checklist and schedule of conservation practices within a reasonable period of time shall be sufficient grounds to revoke said plan and require compliance with the standard provisions of this chapter.

If agricultural activities result in degradation of a critical area, the producer shall be required to either cease the agricultural activity that results in critical area degradation or prepare an agricultural checklist and supporting documentation that demonstrates how farming activities will be brought into compliance with critical area protection requirements. The agricultural checklist shall be submitted to department of community development for review and approval. If the administrator determines the proposed activities and conservation practices do not sufficiently address critical areas degradation, a farm assistance agency or qualified professional shall prepare a schedule of conservation practices. The proponent shall allow the county or farm agency with expertise reasonable access to the parcel to determine that the scheduled conservation practices are installed, and critical areas functions are not being degraded. If compliance cannot be achieved, other enforcement action based on JCC Title 19 shall be required.

(5)

A producer is responsible only for those conditions caused by agricultural activities conducted by the producer and is not responsible for conditions that do not meet the standards of this article resulting from actions of others or from natural conditions not related to the on-site agricultural operations. Conditions resulting from unusual weather events (such as storm in excess of a 25-year, 24-hour storm) or other exceptional circumstances that are not the product of obvious neglect are not the responsibility of the owner or operator.

(Ord. 5-20 § 2 (Appx. A))

§ 18.22.860 Limited public disclosure.

Producers that have a farm plan developed by state or federal farm assistance agencies will not be subject to public disclosure unless required by law or a court of competent jurisdiction.

Provided, that the county will collect summary information related to the general location of a farming enterprise, the nature of the farming activity, and the specific conservation management practices to be implemented such as through an agricultural checklist per JCC § 18.22.820. The summary information shall be provided by the producer or his/her designee and shall be used to document the basis for the county's approval of the proposal.

The county will provide to the public via its website information regarding which farms have approved Type 1 or Type 2 conservation practices per JCC § 18.22.820 and the date of their approval.