The policies and regulations in this article apply to all uses and developments in all shoreline environments. The policies and regulations are not listed in order of priority. These policies and regulations:
(1) 
Help to implement the master program goals in Article III of this chapter; and
(2) 
Are informed by the governing principles in Article I of this chapter; and
(3) 
Work in concert with all the other policies and regulations contained in this program; and
(4) 
Are based on the state shoreline guidelines (Chapter 173-26 WAC).
(Ord. 7-13 Exh. A (Art. VI))
(1) 
Policies.
(a) 
All shoreline use and development should be carried out in a manner that avoids and minimizes adverse impacts on the shoreline environment. Uses and developments that may cause the future ecological condition to become worse than current condition should not be allowed. Use and development in areas that are ecologically valuable, hazardous, and/or possess rare or fragile natural features should be discouraged.
(b) 
In assessing the potential for new uses and developments to cause adverse impacts, the county should take into account all of the following:
(i) 
Effects on ecological functions and ecosystem processes; and
(ii) 
Effects that occur on site and effects that may occur off site; and
(iii) 
Immediate effects and long-term effects; and
(iv) 
Direct effects of the project and indirect effects; and
(v) 
Individual effects of the project and the incremental or cumulative effects resulting from the project added to other past, present, and reasonably foreseeable future actions; and
(vi) 
Compensatory mitigation actions that offset adverse impacts of the development action and/or use.
(c) 
The county should recognize and honor buffers and setbacks established by existing plats, preliminary plats, issued permits, binding site plans (BSPs) and site plan approval advance determinations (SPAADs), and by development agreements that are consistent with Chapter 36.70B RCW.
(d) 
The county should work with other local, state, and federal regulatory agencies and resource management agencies to ensure that mitigation actions carried out in support of this program are likely to be successful and achieve beneficial ecological outcomes. This includes assisting applicants/proponents in planning, designing and implementing mitigation.
(e) 
Single-family residential development on nonconforming lots should not substantially impair the view of the adjacent residences.
(2) 
Regulations – No Net Loss and Mitigation.
(a) 
All shoreline use and development, including preferred uses and uses that are exempt from permit requirements, shall be located, designed, constructed, conducted, and maintained in a manner that maintains shoreline ecological processes and functions.
(b) 
Uses and developments that cause a net loss of ecological functions and processes shall be prohibited. Any use or development that causes the future ecological condition to become worse than current condition shall be prohibited.
(c) 
Proponents of new shoreline use and development shall employ measures to mitigate adverse impacts on shoreline functions and processes.
(d) 
Mitigation shall include the following actions in order of priority:
(i) 
Avoiding the impact altogether by not taking a certain action or parts of an action;
(ii) 
Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;
(iii) 
Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(iv) 
Reducing or eliminating the impact over time by preservation and maintenance operations;
(v) 
Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;
(vi) 
Monitoring the impact and the compensation projects and taking appropriate corrective measures.
(e) 
Mitigation actions shall not have a significant adverse impact on other shoreline uses fostered by the policies of the Shoreline Management Act.
(f) 
When compensatory mitigation measures are required, all of the following shall apply:
(i) 
The quality and quantity of the replaced, enhanced, or substituted resources shall be the same or better than the affected resources; and
(ii) 
The mitigation site and associated vegetative planting shall be nurtured and maintained such that healthy native plant communities can grow and mature over time; and
(iii) 
The mitigation shall be informed by pertinent scientific and technical studies, including but not limited to the Shoreline Inventory and Characterization Report (Final – Revised November 2008), the Shoreline Restoration Plan (Final October 2008) and other background studies prepared in support of this program; and
(iv) 
The mitigation shall replace the functions as quickly as possible following the impacts to ensure no net loss; and
(v) 
The mitigation activity shall be monitored and maintained to ensure that it achieves its intended functions and values. The monitoring timeframes shall be consistent with JCC § 18.22.740.
(vi) 
The county shall require the applicant/proponent to post a bond or provide other financial surety equal to the estimated cost of the mitigation in order to ensure the mitigation is carried out successfully. The bond/surety shall be refunded to the applicant/proponent upon completion of the mitigation activity and any required monitoring.
(g) 
To encourage shoreline property owners to remove bulkheads and perform other beneficial shoreline restoration actions in advance of shoreline development or redevelopment, the county may give mitigation credit to any beneficial restoration action that occurred within five years of the proposed development/redevelopment activity; provided, that:
(i) 
The applicant/property owner can provide conclusive evidence of the pre- and post-restoration conditions using photographs, reports, plans, affidavits, or similar evidence;
(ii) 
The county can confirm via site inspection, photographs, affidavits or other evidence that the restoration actions have improved shoreline conditions; and
(iii) 
The applicant/property owner provides assurances that the restoration area will be maintained in perpetuity. The assurance can be in the form of a notice on title, conservation easement, or similar mechanism.
(h) 
Compensatory mitigation measures shall occur in the vicinity of the impact or at an alternative location within the same watershed or appropriate section of marine shoreline (e.g., reach or drift cell) that provides greater and more sustainable ecological benefits. When determining whether off-site mitigation provides greater and more sustainable benefits, the county shall consider limiting factors, critical habitat needs, and other factors identified by the locally adopted shoreline restoration plan (October 2008 or as updated), or an approved watershed or comprehensive resource management plan. The county may also approve use of alternative mitigation practices such as in-lieu fee programs, mitigation banks, and other similar approaches, provided they have been approved and sanctioned by the Department of Ecology, the Puget Sound Partnership, the Department of Fish and Wildlife or the Army Corps of Engineers.
(i) 
Land that is constrained by critical areas and/or buffers shall not be subdivided to create parcels that are only buildable through a shoreline variance or would be considered nonconforming.
(3) 
Regulations – Cumulative Impacts.
(a) 
The county shall consider the cumulative impacts of individual uses and developments, including preferred uses and uses that are exempt from permit requirements, when determining whether a proposed use or development could cause a net loss of ecological functions.
(b) 
The county shall have the authority to require the applicant/proponent to prepare special studies, assessments and analyses as necessary to identify and address cumulative impacts including, but not limited to, impacts on fish and wildlife habitat, public access/use, aesthetics, and other shoreline attributes.
(c) 
Proponents of shoreline use and development shall take the following factors into account when assessing cumulative impacts:
(i) 
Current ecological functions and human factors influencing shoreline natural processes; and
(ii) 
Reasonably foreseeable future use and development of the shoreline; and
(iii) 
Beneficial effects of any established regulatory programs under other local, state, and federal laws; and
(iv) 
Mitigation measures implemented in conjunction with the proposed project to avoid, reduce and/or compensate for adverse impacts.
(d) 
The county shall prohibit any use or development that will result in unmitigated cumulative impacts.
(4) 
Regulations – Critical Areas and Shoreline Buffers.
(a) 
Critical areas provisions of Chapter 18.22 JCC, dated March 17, 2008 (Ordinance No. 03-0317-08), and further amended in May 2009 (Ordinance No. 06-0511-09), and August 2010 (Ordinance No. 04-0809-10) are incorporated by reference; however, the following exceptions shall prevail for actions occurring within shoreline jurisdiction:
(i) 
All provisions listed in subsections (4)(b) through (l) and (5)(a) through (d) of this section (e.g., building setback, buffers, CASPs, reasonable use, nonconforming lots, water-oriented use/development) and provisions found in JCC § 18.25.660 (i.e., nonconforming development), shall be governed by this program and not Chapter 18.22 JCC; and
(ii) 
Sections of Chapter 18.22 JCC, Article II of this chapter and other sections of JCC Title 18 regarding permit process, administrative, nonconforming use, appeal, and enforcement provisions within shoreline jurisdiction shall be governed by this program and not Chapter 18.22 JCC.
(b) 
In the event development or performance standards in Chapter 18.22 JCC are inconsistent with standards and requirements in this program, this program shall govern.
(c) 
Unless otherwise specified in this program, a buffer zone shall be established landward of all shorelines of the state to protect and maintain ecological functions and processes and to minimize risks to human health and safety. All buffers shall be maintained in a predominantly natural, undisturbed, undeveloped, and vegetated condition. Buffers shall not extend across lawfully established paved roads or hardened surfaces to include areas which are functionally isolated from the shoreline or critical area.
(d) 
Building Setback. As established in Chapter 18.22 JCC, all new uses and developments, including preferred uses and uses exempt from shoreline permit requirements, shall be located landward of the standard buffer plus a 10-foot-wide building setback unless otherwise specified in this program.
(e) 
Standard Buffer. The standard buffer shall be measured landward in a horizontal direction perpendicular to the ordinary high water mark (OHWM) of the shoreline water body, and is a three dimensional space that includes the airspace above, as follows:
(i) 
Marine Shores. A minimum buffer of 150 feet shall be maintained in all shoreline environments.
(ii) 
Lake Shores. A minimum buffer of 100 feet shall be maintained in all shoreline environments.
(iii) 
Stream/River Shores. A minimum buffer of 150 feet shall be maintained in all shoreline environments.
(f) 
The county shall recognize and apply a buffer or setback established by an existing plat, preliminary plat, issued permit, binding site plan (BSP), site plan approval advance determination (SPAAD), or a development agreement that is consistent with Chapter 36.70B RCW.
(g) 
Multiple Buffers. In the event that buffers for any shorelines and/or critical areas are contiguous or overlapping, the landward-most edge of all such buffers and setbacks shall apply.
(h) 
Buffer Condition. The area within a required shoreline buffer shall be kept in a sufficiently vegetated condition so as to ensure it protects and maintains the existing ecological functions. Existing native vegetation shall be retained, and planting of native vegetation is preferred.
(i) 
Buffer Usage. When located to avoid areas of noted sensitivity and habitat, an area shall be permitted for "active use" within an approved buffer, provided the area does not exceed 20 percent of the required buffer area or is configured to span at least 15 linear feet of the water frontage, whichever is greater. This regulation shall not apply retroactively to existing uses except when new use or development is proposed.
(j) 
Buffer Reduction or Averaging. Proposals that request a decrease in the standard shoreline buffer of this program shall not require a shoreline variance if all of the approval criteria in JCC § 18.22.640(1) and (2) are met. All other shoreline buffer reduction or shoreline buffer averaging proposals shall require a shoreline variance.
(k) 
Increased Buffers. An increase in buffer width shall be required upon determination that the development would be:
(i) 
Susceptible to severe erosion resulting in adverse impacts to the shoreline; or
(ii) 
Susceptible to health and safety risks caused by stream or river channel migration; or
(iii) 
Susceptible to health and safety risks caused by flooding – from sea, river/stream; or
(iv) 
On steeply sloped (greater than 25 percent) land adjacent to the ordinary high water mark.
(l) 
Alternative Protection via Critical Areas Stewardship Plans (CASPs). If a proponent of a shoreline use or development proposes to modify the buffer width requirement of an SMA-regulated waterbody using the CASP standards described in Article IX of Chapter 18.22 JCC, such buffer modification shall require a shoreline variance. If the proposed CASP buffer modification is for a wetland or habitat conservation area that is physically separated from the SMA-regulated waterbody, no shoreline variance shall be required.
(5) 
Regulations – Exceptions to Critical Area and Shoreline Buffer Standards.
(a) 
Nonconforming Lots – Development Allowed without a Variance (Modest Home Provision). New single-family development on any legal lot in shoreline jurisdiction that is nonconforming with respect to the required buffer standards may be allowed without a shoreline variance when:
(i) 
The depth of the lot (distance from the ordinary high water mark to the inside edge of the frontage setback) is equal to or less than the standard shoreline buffer as indicated in subsection (4)(e) of this section; and
(ii) 
The building area lying landward of the shoreline buffer and interior to required sideyard setbacks is not more than 2,500 square feet and the driveway is not more than 1,100 square feet. The building area means the entire area that will be disturbed to construct the home, normal appurtenances (except drainfields), and landscaping; and
(iii) 
All single-family residences approved under this section shall not extend waterward of the common-line buffer; and
(iv) 
Appropriate measures are taken to mitigate all adverse impacts, including using low impact development measures such as pervious pavement for driveways and other hard surfaces; and
(v) 
Opportunities to vary the side yard and/or frontage setbacks are implemented to reduce the nonconformity when doing so will not create a hazardous condition or a condition that is inconsistent with this program and Chapter 18.30 JCC; and
(vi) 
The residence is located in the least environmentally damaging location relative to the shoreline and any critical areas; and
(vii) 
There is no opportunity to consolidate lots under common ownership that will alleviate the nonconformity; and
(viii) 
The lot is not subject to geologic hazards; and
(ix) 
All structures are as far landward as possible and not closer than 30 feet from the ordinary high water mark; and
(x) 
At least 80 percent of the buffer area between the structures and the shoreline and/or critical area is maintained in a naturally vegetated condition.
(b) 
Nonconforming Lots – Common Line Buffer. For the purpose of accommodating shoreline views to be adequate and comparable to adjacent residences, but not necessarily equivalent, the administrator may reduce the standard buffer for a new single-family residence on nonconforming lots consistent with the following criteria:
(i) 
The proposed residence must be located within 300 feet of an adjacent legally established single-family residential primary structure constructed prior to adoption of this program that encroaches on the standard buffer. The mere presence of nearby shacks, sheds or dilapidated buildings does not constitute the existence of a residence, nor can such structures be used to determine a common line buffer. The nearest corners of the adjacent residences are those closest to the side-yard property line of the proposed residence.
(ii) 
Existing Homes on Both Sides. Where there are existing residences adjacent on both sides of the proposed residence, the buffer shall be determined as the greater of either (A) a common line drawn between the nearest corners of each adjacent residence (see Figure 18.25.270(1)), or (B) a common line calculated by the average of both adjacent residences' existing setbacks (i.e., (y+z)/2=x buffer; see Figure 18.25.270(2)).
(iii) 
Existing Home on One Side. Where there is only one existing residence adjacent to the proposed residence, the common line buffer shall be determined as the greater of either (A) a common line drawn between nearest corner of the foundation for the adjacent residence and the nearest point of the standard buffer on the adjacent vacant lot (see Figure 18.25.270(3)), or (B) a common line calculated by the average of the adjacent residence's setback and the standard buffer for the adjacent vacant lot (i.e., (y+z)/2=x buffer; see Figure 18.25.270(4)).
(iv) 
Figures 18.25.270(1) through (4) illustrate examples of the common line buffer allowance. When discrepancy between the text and the graphic exists, the text shall govern. Graphics are for illustration only, buffer shall be measured perpendicularly from the ordinary high water mark as per this section.
Figures 18.25.270(1) – (4)
Figure 18.25.270(1)
Figure 18.25.270(2)
Figure 18.25.270(3)
Figure 18.25.270(4)
(c) 
Nonconforming Lots – Development Requiring a Variance. Development on nonconforming lots that do not meet the requirements of subsection (5)(a) or (b) of this section require a shoreline variance.
(d) 
Water-Oriented Uses/Development. When otherwise consistent with this program and Chapter 18.22 JCC, the following water-oriented uses/developments may be permitted within a shoreline buffer without a shoreline variance. The amount and extent of buffer modification shall be the minimum needed to accommodate the allowed use/development. This allowance for water-oriented uses/developments within shoreline buffers without a shoreline variance may apply to the primary use and/or to the following accessory uses/structures:
(i) 
Primary uses and structures that meet the definition of a water-dependent or water-related use/development as defined in Article II of this chapter.
(ii) 
Boating facilities accessory to a single-family residential development including rails, docks, piers and floats;
(iii) 
Boathouses accessory to a single-family residential development; provided, that all of the following are met:
(A) 
The boathouse is used to store watercraft and shall not be used as or converted to a dwelling unit. The county shall require a notice on title indicating such; and
(B) 
The boathouse has a maximum footprint of 300 square feet and a maximum height of 15 feet above average grade; and
(C) 
The primary doorway/entryway faces the water; and
(D) 
The structure is located entirely landward of the ordinary high water mark.
(iv) 
Public or private beach access structures accessory to residential, commercial, industrial, port or other allowed uses/development; and
(v) 
Public access structures, including but not limited to docks, piers, floats; and
(vi) 
Certain utilities and essential public facilities as specified in JCC § 18.25.530.
(Ord. 7-13 Exh. A (Art. VI § 1))
(1) 
Policies.
(a) 
Historic, archaeological, cultural, scientific and educational (HACSE) sites and resources should be protected, preserved, and where possible, restored. All use and development on sites containing HACSE resources should be planned and carried out so as to prevent adverse impacts to the resource(s).
(b) 
To prevent adverse impacts on HACSE resources, proponents of all new shoreline use and development should consult the county department of community development prior to beginning any project or activity.
(c) 
Tribal, federal, state, educational institutions and local governments should cooperate to maintain an inventory of all known significant local HACSE sites and resources.
(d) 
The location of historic, cultural and/or archaeological sites/resources should not be disclosed to the general public, consistent with applicable state and federal laws.
(e) 
When HACSE sites/resources occur on public lands they should be accessible to the public and used for research or educational purposes consistent with the public access provisions of this program and applicable tribal access policies. Private owners of HACSE sites/resources are encouraged to provide access and educational opportunities when appropriate.
(f) 
If development is proposed adjacent to an identified HACSE site/resource, then the proposed development should be designed and operated so as to be compatible with continued protection of the site/resource.
(2) 
Regulations – General Regulations.
(a) 
Proponents of new shoreline use and development, including preferred uses and uses exempt from permit requirements, shall:
(i) 
Preserve and protect historic, archaeological and cultural resources that are recorded by the Washington State Department of Archaeology and Historic Preservation and resources that are inadvertently discovered during use or development activities; and
(ii) 
Consult the county department of community development, the Washington State Department of Archaeology and Historic Preservation, affected tribes, and/or other appropriate agencies prior to beginning development so there is ample time to assess the site and make arrangements to preserve historical, cultural and archaeological resources; and
(iii) 
Comply with all state and federal regulations pertaining to archaeological sites.
(b) 
All feasible means shall be employed to ensure that data, structures, and sites having historical, archaeological, cultural, scientific, or educational significance are preserved, extracted, or used in a manner commensurate with their importance.
(c) 
Excavations for archaeological investigations or data recovery may be permitted subject to the provisions of this program.
(d) 
The county shall prohibit any use or development that poses a threat to a HACSE resource. Alternatively the county shall require the development to be postponed to allow for:
(i) 
Coordination with potentially affected tribes and/or the State Department of Archaeology and Historic Preservation; and/or
(ii) 
Investigation of public acquisition potential; and/or
(iii) 
Retrieval and preservation of significant artifacts.
(3) 
Regulations – Procedural Requirements.
(a) 
When the county receives a permit application or request for a statement of exemption for development on a property within 500 feet of a known or probable historic, archaeological, or cultural site, the county shall:
(i) 
Notify and inform affected tribes and agencies such as the State Department of Archaeology and Historic Preservation of the proposed activity including timing, location, scope, and resources affected; and
(ii) 
Require the applicant to provide a cultural resource site assessment prior to development unless the administrator determines that the proposed development activities do not include any ground disturbing activities and will not impact a known HACSE site/resource.
(b) 
If a cultural resource site assessment identifies the presence of significant historic or archaeological resources, a cultural resource management plan (CRMP) shall be required. The plan shall include:
(i) 
An analysis of actions to be taken by the property owner, developer, archaeologist, or historic preservation professional, in the event that an inadvertent discovery of historic, archaeological, or cultural sites or artifacts occurs during site development; and
(ii) 
An explanation of why the proposed activity requires a location on, or access across and/or through, a significant historic or archaeological resource; and
(iii) 
A description of the historic/archaeological resources affected by the proposal; and
(iv) 
An assessment of the historic/archaeological resource and an analysis of the potential adverse impacts as a result of the activity; and
(v) 
Recommended measures to prevent adverse impacts; and
(vi) 
Comments from the Washington State Department of Archaeology and Historic Preservation, and affected tribes.
(c) 
Site assessments and CRMPs required by this section shall be prepared by a professional archaeologist or historic preservation professional, as applicable. The landowner or project proponent shall be responsible for any professional service fees.
(d) 
The administrator may reject or request revision of the conclusions reached in a CRMP when she/he can demonstrate that the assessment is inaccurate or does not fully address the management concerns involved.
(e) 
Where public access is provided to any private or publicly owned building or structure of historic, archaeological or cultural significance, a public access management plan shall be developed in consultation with the Washington State Department of Archaeology and Historic Preservation, affected tribes and/or other agencies, to address the following:
(i) 
The type and/or level of public access that is consistent with the long-term protection of both historic resource values and shoreline ecological functions and processes; and
(ii) 
Types and location of interpretative signs, displays and other educational materials; and
(iii) 
Site- and resource-specific conditions, including hours of operation, interpretive and/or directional signage, lighting, pedestrian access, and/or traffic and parking.
(f) 
If any phenomena of possible historic, archaeological and/or cultural interest are inadvertently discovered during any new shoreline use or development, the proponent shall immediately stop work and comply with all of the following:
(i) 
Notify the county department of community development, Washington State Department of Archaeology and Historic Preservation, affected tribes, and other appropriate agencies;
(ii) 
Prepare a site assessment pursuant to this section to determine the significance of the discovery and the extent of damage to the resource;
(iii) 
Distribute the site assessment to the Washington State Department of Archaeology and Historic Preservation and affected tribes for a 30-day review to determine the significance of the discovery;
(iv) 
Maintain the work stoppage until the county determines that the site is considered significant by the above listed agencies or governments, or if the above listed agencies or governments have failed to respond within the applicable review period following receipt of the site assessment; and
(v) 
Prepare a CRMP pursuant to this section if the county determines that the site is significant.
(g) 
Upon inadvertent discovery of human remains, the county sheriff, coroner, and State Department of Archaeology and Historic Preservation (DAHP) must be immediately notified.
(h) 
In the event that unforeseen factors constituting an emergency as defined in RCW 90.58.030 necessitate rapid action to retrieve or preserve historic, archaeological and/or cultural resources, the project may be exempted from the requirement to obtain a permit. The county shall notify the State Department of Ecology, the State Attorney General's Office, potentially affected tribes, and the State Department of Archaeology and Historic Preservation of such a waiver within 30 days of such action.
(Ord. 7-13 Exh. A (Art. VI § 2))
(1) 
Policies.
(a) 
Providing public access to public shorelines is a primary goal of the Shoreline Management Act. Jefferson County actively supports public and private efforts making better use of existing facilities/opportunities. Strategic efforts to find and fund new shoreline public access are encouraged to meet increasing demands by a growing populace. Increasing all types of public access is a priority for the county.
(b) 
The county should prepare a comprehensive shoreline public access plan in cooperation with appropriate local, state, tribal and nongovernmental agencies/organizations, and the general public.
(c) 
The county should work with appropriate agencies and individuals to acquire lands that can provide physical access to public waters for public use.
(d) 
Shoreline development by public entities, such as local governments, port districts, state agencies, and public utility districts, should provide public access as part of each development project, unless such access is shown to be incompatible with this program due to reasons of safety, security, or adverse impacts to shoreline functions and processes.
(e) 
Shoreline development by private entities should provide public access when the development would either generate a demand for one or more forms of such access, and/or would impair existing legal access opportunities or rights.
(f) 
Single-family residential developments with four or fewer lots/units should not be required to provide public access.
(g) 
Public health and safety concerns associated with public access sites should be adequately mitigated and appropriate precautions taken to prevent adverse impacts on shoreline ecological functions and/or processes.
(h) 
Efforts to implement the public access provisions of this section should be consistent with all relevant constitutional and other legal limitations on regulation of private property.
(i) 
Public access requirements on privately owned lands should be commensurate with the scale and character of the development and should be reasonable, effective and fair to all affected parties including but not limited to the landowner and the public.
(j) 
Where feasible, providers of shoreline public access should:
(i) 
Locate and design public access improvements in a manner that is compatible with the natural shoreline character and avoids adverse impacts to shoreline ecological functions and processes; and
(ii) 
Ensure public access improvements and amenities are safe, respect individual privacy, and avoid or minimize visual impacts from neighboring properties; and
(iii) 
Provide maps and orientation information to inform the public of the presence and location of privately held tidelands, especially those adjacent to public access and recreational areas; and
(iv) 
Incorporate programs, signage and informational kiosks into public access locations, where appropriate, to enhance public education and appreciation of shoreline ecology and areas of historical or cultural significance.
(2) 
Regulations.
(a) 
Single-family residential developments consisting of four or fewer residential lots or dwelling units shall not be required to provide public access.
(b) 
Opportunities to provide visual and/or physical public access shall be considered during the review and conditioning of all proposed commercial and industrial shoreline developments and residential developments involving more than four residential lots or dwelling units.
(c) 
Physical public access shall be incorporated into all development proposals on public lands, all public and private commercial and industrial uses/developments, and all residential subdivisions of greater than four lots unless the project proponent demonstrates that any of the following conditions exist:
(i) 
Unavoidable public health or safety hazards exist and cannot be prevented through reasonable means; or
(ii) 
The use/development has inherent security or cultural sensitivity requirements that cannot be mitigated though reasonable design measures or other solutions; or
(iii) 
The cost of providing the access, easement or an alternative amenity is disproportionate to the total long-term cost of the proposed development; or
(iv) 
The public access will cause unacceptable environmental impacts that cannot be mitigated; or
(v) 
The access would create significant, undue, and unavoidable conflicts with adjacent uses that cannot be mitigated.
(d) 
To be exempt from the public access requirements in subsection (2)(c) of this section, the project proponent must demonstrate that all feasible alternatives have been considered, including, but not necessarily limited to:
(i) 
Regulating access through means such as maintaining a gate and/or limiting hours of use; and
(ii) 
Separating uses and activities (e.g., fences, terracing, use of one-way glazing, hedges, landscaping, etc.).
(e) 
When physical public access is deemed to be infeasible based on considerations listed in subsection (2)(c) of this section, the proponent shall provide visual access to the shore or provide physical access at an off-site location geographically separated from the proposed use/developmental (e.g., a street end, vista, or trail system).
(f) 
Public access shall be located and designed to be compatible with the natural shoreline character, to avoid adverse impacts to shoreline ecological functions and processes, and to ensure public safety.
(g) 
When otherwise consistent with this program, public access structures shall be exempt from the shoreline buffer requirements of this program, meaning that such structures shall be allowed to encroach into the shoreline buffer when necessary to provide physical and/or visual access to the water's edge.
(h) 
Public shoreline access provided by public road ends, public road rights-of-way, public utilities and rights-of-way shall not be diminished by the county, neighboring property owners, or other citizens, unless the property is zoned for industrial uses in accordance with RCW 36.87.130.
(i) 
Public access sites shall be directly connected to the nearest public street and shall include improvements that conform to the requirements of the Americans with Disabilities Act (ADA) when feasible and appropriate.
(j) 
Opportunities for boat-in public access and access to primitive shorelines not accessible by automobile shall be provided where feasible and appropriate.
(k) 
When required for public land, commercial, port or industrial use/development as per subsections (2)(b) and (c) of this section, public access sites shall be fully developed and available for public use prior to final occupancy of such use or development.
(l) 
Public access easements and permit conditions shall be recorded on the deed of title and/or the face of a short or long plat as a condition running, at a minimum, for a period contemporaneous with the duration of the authorized land use. Recordation shall occur at the time of final plat approval or prior to final occupancy.
(m) 
The location of new public access sites shall be clearly identified. Signs with the appropriate agency's logo shall be constructed, installed and maintained by the project proponent in conspicuous locations at public access sites and/or along common routes to public access sites. The signs shall indicate the public's right of access, the hours of access, and other information as needed to control or limit access according to conditions of approval.
(Ord. 7-13 Exh. A (Art. VI § 3))
(1) 
Policies.
(a) 
Standards for density, setbacks, height, and other provisions should ensure no net loss of shoreline ecological functions and/or processes and preserve the existing character of the shoreline consistent with the purpose of the applicable shoreline environment designation.
(b) 
Proponents of a development on no-bank or low bank marine shorelines are encouraged to locate the bottom of a structure's foundation higher than the level of expected future sea-level rise.
(2) 
Regulations.
(a) 
A building setback of 10 feet shall be established on the landward edge of the shoreline buffers required by this program.
(b) 
Sideyard setbacks shall be measured from all property lines that intersect the shoreline side of a lot or tract. Five feet of the total required sideyard setbacks may be provided on one side and the balance on the other side.
(c) 
Pursuant to RCW 90.58.320, no permit may be issued for any new or expanded building or structure more than 35 feet above average grade level when such a height will obstruct the view of a substantial number of residences on or adjoining such shorelines. Height is measured according to the definition in Article II of this chapter. The project proponent shall be responsible for providing sufficient information to the administrator to determine that such development will not obstruct views as described.
(d) 
Power poles and transmission towers associated with allowed uses and developments are not subject to height limits but shall not be higher than necessary to achieve the intended purpose.
(Ord. 7-13 Exh. A (Art. VI § 4))
(1) 
Policies.
(a) 
Maintaining native shoreline vegetation is an important goal of this program. The policies and regulations of this section are intended to ensure well-vegetated, stable shorelines that provide habitat and other ecological benefits and resemble natural, unaltered shorelines.
(b) 
New uses and/or developments should be designed to preserve native shoreline vegetation to maintain shoreline ecological functions and processes and prevent direct, indirect and/or cumulative impacts of shoreline development.
(c) 
New uses and/or developments should establish native shoreline vegetation such that the composition, structure, and density of the plant community resemble a natural, unaltered shoreline as much as possible.
(d) 
Maintaining well-vegetated shorelines is preferred over clearing vegetation to create views or provide lawns. Limited and selective clearing for views and lawns may be allowed when slope stability and ecological functions are not compromised, but landowners should not assume that an unobstructed view of the water is guaranteed. Trimming and pruning are generally preferred over removal of native vegetation. Property owners are strongly encouraged to avoid or minimize the use of fertilizers, herbicides and pesticides.
(e) 
Shoreline landowners are encouraged to preserve and enhance native woody vegetation and native groundcovers to stabilize soils and provide habitat. Maintaining native plant communities is preferred over nonnative ornamental plantings because native plants have greater ecological value. Nonnative vegetation that requires use of fertilizers, herbicides and/or pesticides is discouraged.
(f) 
Prior to granting a shoreline permit or determining that a proposed use/development is exempt from permitting, the county should evaluate site plans to determine the extent to which the vegetation is conserved. As needed, the county may require special reports regarding vegetation and shall condition approval of new developments to ensure the following:
(i) 
Native plant communities on marine, river, and lake shorelines are preserved; and
(ii) 
Overhanging trees along shorelines are kept intact to provide shading and other ecological functions; and
(iii) 
Established areas of native plants are preserved to maintain slope stability and prevent surface erosion; and
(iv) 
Structures and associated development are placed in areas that avoid disturbance of established native plants, especially trees and shrubs; and
(v) 
Clearing and grading near bluff edges and other erosion- or landslide-prone areas are minimized to prevent slope instability; and
(vi) 
Shoreline development proposals should incorporate provisions for removing invasive or nonnative species and planting native species when doing so would improve ecological functions and processes.
(2) 
Regulations.
(a) 
Unless otherwise specified, all shoreline use and development, including preferred uses and uses exempt from permit requirements, shall comply with the buffer provisions of this program and Chapter 18.22 JCC to protect and maintain shoreline vegetation.
(b) 
Proponents of all new shoreline uses or developments shall demonstrate that site designs and layouts are consistent with the policies of this section to ensure shoreline functions, values, and processes are maintained and preserved. A shoreline permit or written statement of exemption shall not mandate, nor guarantee, unobstructed horizontal or lateral visibility of the water, shoreline or any specific feature near or far.
(c) 
View Maintenance. Proponents of all new shoreline uses or developments shall use all feasible techniques to maximize retention of existing native shoreline vegetation while allowing for shoreline views.
(i) 
Vegetation Trimming. Techniques shall include selective pruning, windowing and other measures that preserve native plant composition and structure. No more than 25 percent of a single tree's leaf bearing crown may be removed and no more than 25 percent of the canopy cover of any stand of trees may be removed for view preservation. If additional trimming is requested in subsequent years, the cumulative removal may not exceed 25 percent. Limbing or crown thinning shall comply with Tree Care Industry Association pruning standards, unless the tree is a hazard tree as defined by this program. Tree topping is prohibited when main stem/trunk is over three inches diameter at breast height (DBH).
(ii) 
Vegetation Removal. All vegetation removal within the buffer area must comply with JCC § 18.25.270(4)(h). In no instance shall vegetation removal exceed 20 percent of the required buffer area or 15 linear feet of the water frontage, whichever is greater. Outside the buffer, vegetation removal shall be the minimum necessary for maintaining shoreline views from the primary structure and to provide lawns or ground cover, and must comply with other applicable requirements such as clearing and grading, forest practices, and protection standards for fish and wildlife habitat.
(iii) 
The administrator may deny a request or condition approval of vegetation management proposals for view maintenance if it is determined the action will result in an adverse effect to any of the following:
(A) 
Slope stability;
(B) 
Habitat value;
(C) 
Health of surrounding vegetation;
(D) 
Risk of wind damage to surrounding vegetation;
(E) 
Nearby surface or ground water; or
(F) 
Water quality of a nearby water body.
(d) 
Proponents of all new shoreline uses or developments shall maintain existing native shoreline vegetation to the maximum extent practicable, except that the following activities shall be exempt from this requirement:
(i) 
Existing and ongoing agricultural activities on agricultural lands enrolled in the open space tax program for agriculture or on lands designated as agricultural lands of long-term commercial significance on the official map of Comprehensive Plan land use designations;
(ii) 
Buffer enhancement by removal of noxious weeds, based on consultation with the Jefferson County noxious weed board, and/or planting native vegetation;
(iii) 
Maintenance of existing residential landscaping, such as lawns and gardens, pursuant to JCC § 18.22.230(4)(m);
(iv) 
Maintenance trimming of the limbs or branches on a tree or shrub that has a main stem less than three inches in diameter at breast height (DBH);
(v) 
Construction of pervious surface trails for nonmotorized use, provided the trail is no wider than five feet and the vegetation trimming is limited to five feet on either side of the trail except where an arborist report indicates that additional vegetation trimming or removal is required for safety reasons;
(vi) 
Harvest of wild crops that does not significantly affect the viability of the wild crop, or adversely affect shoreline functions of the area;
(vii) 
Removal of a hazard tree, as defined in Article II of this chapter, where trimming is not sufficient to address the hazard. In such cases, the downed tree shall be retained on site to provide wildlife habitat and enhance in-stream or marine habitat if present. The location of retained materials placed on site shall reflect firewise program guidance for defensible space and fire safety. Where not immediately apparent to the administrator, the hazard tree determination shall be made after review of a report prepared by an arborist or forester.
(e) 
The county may impose conditions on new shoreline use and/or development as needed to prevent the introduction and spread of aquatic weeds. Aquatic weed removal and disposal shall occur in a manner that minimizes and mitigates adverse impacts to native plant communities and shoreline ecological functions.
(f) 
When restoring or enhancing shoreline vegetation, proponents shall use native species approved by the county that are of a similar diversity, density, and type to that occurring in the general vicinity of the site prior to any shoreline alteration. The vegetation shall be nurtured and maintained to ensure establishment of a healthy and sustainable native plant community over time.
(g) 
The vegetation conservation regulations of this program do not apply to commercial forest practices as defined by Article II of this chapter when such activities are covered under the Washington State Forest Practices Act (Chapter 76.09 RCW). Where such activities are associated with a conversion of forest lands to other uses or other forest practice activities, the vegetation conservation requirements shall apply.
(h) 
Vegetation conservation standards shall not apply retroactively to existing uses and developments, although property owners are strongly encouraged to voluntarily improve shoreline vegetation conditions over the long term.
(i) 
Vegetative debris shall be properly managed by mulching/leaving in place as habitat and soil amendment, composting on-site, or removing and disposing of off-site. The dumping of vegetative debris, including grass clippings and yard waste, in shoreline areas is strongly discouraged, especially when slope stability and water quality would be threatened.
(j) 
Vegetative debris in the buffer that creates a fire hazard to existing structures may be reduced by chipping if the chipped material is returned to the original location. Fallen tree trunks may not be removed or chipped.
(Ord. 7-13 Exh. A (Art. VI § 5))
(1) 
Policies.
(a) 
The location, construction, operation, and maintenance of all shoreline uses and developments should maintain or enhance the quantity and quality of surface and ground water over the long term.
(b) 
Shoreline use and development should minimize, through effective education, site planning and maintenance, the need for chemical fertilizers, pesticides, herbicides or other similar chemical treatments that could contaminate surface or ground water or cause adverse effects on shoreline ecological functions and values.
(c) 
Appropriate buffers along all wetlands, streams, lakes, and marine water bodies should be provided and maintained in a manner that avoids the need for chemical treatment.
(d) 
Potential adverse effects of agricultural activities on water quality should be minimized by implementing best management practices, buffers and other appropriate measures.
(e) 
Effective erosion control and water-runoff treatment methods should be provided for all shoreline development and use in accordance with JCC § 18.30.070.
(f) 
Encourage pervious materials and other appropriate low impact development techniques where soils and geologic conditions are suitable and where such practices could reduce stormwater runoff.
(2) 
Regulations.
(a) 
All shoreline uses and activities shall use effective erosion control methods during both project construction and operation. At a minimum, effective erosion control methods shall require compliance with the current edition of the Department of Ecology's Stormwater Management Manual, NPDES General Permit requirements, and the stormwater management provisions of JCC § 18.30.070.
(b) 
To avoid water quality degradation by malfunctioning or failing septic systems located within shoreline jurisdiction, on-site sewage systems shall be located and designed to meet all applicable water quality, utility, and health standards.
(c) 
All materials that may come in contact with water shall be composed of nontoxic materials, such as wood, concrete, approved plastic composites or steel, that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper chromium arsenate or pentachlorophenol is prohibited in shoreline water bodies.
(d) 
Solid and liquid wastes and untreated effluents shall not be allowed to enter any ground water or surface water or to be discharged onto land. The release of oil, chemicals, genetically modified organisms or hazardous materials onto land or into the water is prohibited.
(Ord. 7-13 Exh. A (Art. VI § 6))