Article VIII Use-specific Policies And Regulations

Policies.

Agriculture is important to the long-term economic viability of Jefferson County. Consistent with WAC 173-26-241(3)(a)(ii), this program should not modify or limit ongoing agricultural activities occurring on agricultural lands.

New agricultural uses and development, as defined in Article II of this chapter, proposed on land not currently in agricultural use, and conversion of agricultural lands to non-agricultural uses, should conform to this program.

New agricultural use and development should be managed to:

Prevent livestock intrusion into the water;

Control runoff;

Prevent water quality contamination caused by nutrients and noxious chemicals;

Minimize clearing of riparian areas;

Prevent bank erosion; and

Assure no net loss of ecological functions and avoid adverse effects on shoreline resources and values.

New agricultural use and development should preserve and maintain native vegetation between tilled lands and adjacent water bodies. The width of the native vegetation zone should vary depending on site conditions with the overall goal being to limit clearing of riparian corridors.

Intensive residential, industrial and commercial uses and uses that are unrelated to agriculture should be located so as not to create conflicts with agricultural uses.

The county should promote cooperative arrangements between farmers and public recreation agencies so that public use of shorelines does not conflict with agricultural operations.

Existing and new agricultural uses are encouraged to use best management practices to prevent erosion, runoff, and associated water quality impacts.

The county recognizes the importance of local food production, both on land and in water areas, when properly managed to control pollution and prevent environmental damage. As consistent with the Jefferson County Comprehensive Plan, RCW 36.70A.030, and 90.58.065, upland finfish aquaculture is considered agricultural production. However, for purposes of this program, upland finfish aquaculture should instead be managed as aquaculture and aquaculture activities, as defined in Article II of this chapter.

Shoreline Environment Regulations.

Priority Aquatic. New agricultural activities are prohibited, except upland finfish aquaculture per the aquaculture policies and regulations of this program.

Aquatic. New agricultural activities are prohibited, except upland finfish aquaculture per the aquaculture policies and regulations of this program.

Natural. New agricultural activities are prohibited, except that low intensity agricultural activities such as grazing may be allowed subject to policies and regulations of this program; provided, that such low intensity agriculture does not expand or alter agricultural practices in a manner inconsistent with the purpose of this designation. All other agricultural activities are prohibited, except upland finfish aquaculture per the aquaculture policies and regulations of this program.

Conservancy. New agricultural activities may be allowed subject to policies and regulations of this program.

Shoreline Residential. New agricultural activities may be allowed subject to policies and regulations of this program.

High Intensity. New agricultural activities may be allowed subject to policies and regulations of this program.

Regulations.

In accordance with RCW 90.58.065, this program shall not restrict existing agriculture on agricultural land.

New agricultural use and development on lands not meeting the definition of agricultural land shall comply with this program and all of the following regulations:

Manure spreading shall be conducted in a manner that prevents animal wastes from entering water bodies or wetlands adjacent to water bodies. Manure spreading shall not be allowed within the floodway or within 25 feet of the ordinary high water mark of any shoreline, whichever is greater.

Confinement lots, feeding operations, lot wastes, manure storage or stockpiles, and storage of noxious chemicals shall not be allowed within floodways or within 200 feet of the ordinary high water mark of any shoreline, whichever is greater.

A buffer of naturally occurring or planted native vegetation shall be maintained between the shoreline and areas used for crops or intensive grazing. The width of the buffer on marine, river, and lake shorelines shall correspond to the standards of this program.

Bridges, culverts and/or ramps shall be used to enable livestock to cross streams without damaging the streambed or banks.

Stock watering facilities shall be provided so that livestock do not need to access streams or lakes for drinking water.

Fencing or other grazing controls shall be used as appropriate to prevent bank compaction, bank erosion, or the overgrazing of, or damage to, shoreline buffer vegetation.

Upland finfish aquaculture use and development shall be subject to the Aquaculture policies and regulations (JCC § 18.25.440).

(Ord. 7-13 Exh. A (Art. VIII § 1))

§ 18.25.440 Aquaculture.

Policies.

Aquaculture is a preferred, water-dependent use of regional and statewide interest that is important to the long-term economic viability, cultural heritage and environmental health of Jefferson County.

The county should support aquaculture uses and developments that:

Protect and improve water quality; and

Minimize damage to important nearshore habitats; and

Minimize interference with navigation and normal public use of surface waters; and

Minimize the potential for cumulative adverse impacts, such as those resulting from in-water structures/apparatus/equipment, land-based facilities, and substrate disturbance/modification (including rate, frequency, and spatial extent).

When properly managed, aquaculture can result in long-term ecological and economic benefits. The county should engage in coordinated planning to identify potential aquaculture areas and assess long-term needs for aquaculture. This includes working with the Department of Fish and Wildlife (DFW), the Department of Natural Resources (DNR), area tribes and shellfish interests to identify areas that are suitable for aquaculture and protect them from uses that would threaten aquaculture's long-term sustainability.

Aquaculture use and development should locate in areas where biophysical conditions, such as tidal currents, water temperature and depth, will minimize adverse environmental impacts. Individual aquaculture uses and developments should be separated by a sufficient distance to ensure that significant adverse cumulative effects do not occur.

The county should support tideland aquaculture use and development when consistent with this program and protect tidelands and bedlands that were acquired and retained under the Bush and Callow Acts by not permitting non-aquaculture use and development on these tidelands.

Intensive residential uses, other industrial and commercial uses, and uses that are unrelated to aquaculture should be located so as not to create conflicts with aquaculture operations.

The county should promote cooperative arrangements between aquaculture growers and public recreation agencies so that public use of public shorelines does not conflict with aquaculture operations.

Experimental forms of aquaculture involving the use of new species, new growing methods or new harvesting techniques should be allowed when they are consistent with applicable state and federal regulations and this program.

The county should support community restoration projects associated with aquaculture when they are consistent with this program.

Commercial and recreational shellfish areas including shellfish habitat conservation areas are critical habitats. Shellfish aquaculture activities within all public and private tidelands and bedlands are allowed uses. Such activities include but are not limited to bed marking, preparation, planting, cultivation, and harvest.

Chemicals and fertilizers used in aquaculture operations should be used in accordance with state and federal laws, and this program.

(l)

The county recognizes upland finfish aquaculture is considered a type of agricultural production by the Jefferson County Comprehensive Plan, RCW 36.70A.030, and 90.58.065. However, for purposes of this program, upland finfish aquaculture should instead be managed as aquaculture and aquaculture activities, as defined in Article II of this chapter.

(m)

Finfish aquaculture that uses or releases herbicides, pesticides, antibiotics, fertilizers, pharmaceuticals, non-indigenous species, parasites, viruses, genetically modified organisms, feed, or other materials known to be harmful into surrounding waters should not be allowed unless significant impacts to surrounding habitat and conflicts with adjacent uses are effectively mitigated.

(n)

The county should prefer all finfish aquaculture use and development (in-water and upland) that operates with fully contained systems that treat effluent before discharge to local waters over open systems.

(o)

The county should allow in-water finfish aquaculture in the open waters of the Strait of Juan de Fuca only when the area seaward of the ordinary high water mark (OHWM) which is subject to the county's jurisdiction extends a considerable distance, and when consistent with other provisions of this program.

(p)

The county should prohibit in-water finfish aquaculture in waters of Jefferson County where there are habitat protection designations in place and/or water quality issues documented.

Uses and Activities Prohibited Outright.

In-water finfish aquaculture use/development, including net pens as defined in Article II of this chapter, shall be prohibited in the following areas due to established habitat protection designations and/or water quality issues:

Protection Island aquatic reserve or within 1,500 feet of the boundary;

Smith and Minor Islands aquatic reserve or within 1,500 feet of the boundary;

Discovery Bay, south of the boundary of the Protection Island aquatic reserve;

South Port Townsend Bay mooring buoy management plan area; and

Hood Canal, south of the line extending from Tala Point to Foulweather Bluff, including Dabob and Tarboo Bays.

Shoreline Environment Regulations.

Priority Aquatic. Aquaculture activities may be allowed subject to the use and development regulations of the adjacent upland shoreline environment, except all finfish aquaculture (in-water and upland) is prohibited.

Aquatic. Aquaculture activities may be allowed subject to the use and development regulations of the adjacent upland shoreline environment.

Natural. Aquaculture activities, except for geoduck aquaculture, may be allowed subject to policies and regulations of this program. Geoduck aquaculture may be allowed with a conditional use permit (C(d)). All finfish aquaculture is prohibited, except in-water finfish aquaculture may be allowed with a conditional use permit (C(d)) where the area within the county's jurisdiction extends seaward more than eight miles from the OHWM, as measured perpendicularly from shore. This does not require facilities to locate eight miles offshore; see other provisions of this section for siting requirements and supplemental maps for additional information.

Conservancy. Aquaculture activities, except for geoduck aquaculture, may be allowed subject to policies and regulations of this program. Geoduck and upland finfish aquaculture may be allowed with a conditional use permit (C(d)). In-water finfish aquaculture is prohibited.

Shoreline Residential. Aquaculture activities, except for geoduck aquaculture, may be allowed subject to policies and regulations of this program. Geoduck aquaculture may be allowed with a conditional use permit (C(d)). All finfish aquaculture (in-water and upland) is prohibited.

High Intensity. Aquaculture activities may be allowed subject to policies and regulations of this program, except all finfish aquaculture (in-water and upland) may be allowed with a conditional use permit (C(d)).

For a summary and graphic approximation of the above shoreline environment regulations allowance of in-water finfish aquaculture, see Figure 18.25.440.

Figure 18.25.440 – Summary and Maps of SED Allowance for In-Water Finfish Aquaculture
	Shoreline Environment Designations (SEDs)
	Waterward		OHWM	Landward
	Priority Aquatic	Aquatic		Natural	Conservancy	Shoreline Residential	High Intensity
Would in-water finfish aquaculture be allowed to locate in this SED?	No	Yes		No	No	No	Yes
Notes		But only when the adjacent upland SED allows		Except when there is 8+ miles of seaward jurisdiction

Geographic Limitations:	1	Not within the Protection Island Aquatic Reserve, the Smith and Minor Islands Aquatic Reserve or within 1,500 feet of their boundary
	2	Not in Discovery Bay, south of the boundary for the Protection Island Aquatic Reserve, due to significant water quality concerns
	3	Not within the South Port Townsend Bay mooring buoy management plan area or within 1,500 feet of the boundary, due to significant water quality concerns
	4	Not in Hood Canal, south of the line from Tala Point to Foulweather Bluff (Kitsap County), due to significant water quality concerns
Possible Siting Locations:	1	Strait of Juan de Fuca
	2	Glen Cove
	3	Mats Mats
	4	Port Ludlow

NOTE: Proposals also have to meet all conditional use permit (CUP) performance standards and other applicable provisions of this program.

Approximate siting locations are illustrated in the following four maps:

Regulations – General.

When a shoreline permit is issued for a new aquaculture use or development, that permit shall apply to the initial siting, construction, and/or planting or stocking of the facility or farm. If the initial approval is a shoreline substantial development permit, it shall be valid for a period of five years with a possible one-year extension. If the initial approval is a conditional use permit, it shall be valid for the period specified in the permit.

Ongoing maintenance, harvest, replanting, restocking of or changing the species cultivated in any existing or permitted aquaculture operation is not considered new use/development, and shall not require a new permit, unless or until:

The physical extent of the facility or farm is expanded by more than 25 percent or more than 25 percent of the facility/farm changes operational/cultivation methods compared to the conditions that existed as of the effective date of this program or any amendment thereto. If the amount of expansion or change in cultivation method exceeds 25 percent in any 10-year period, the entire operation shall be considered new aquaculture and shall be subject to applicable permit requirements of this section; or

The facility proposes to cultivate species not previously cultivated in the state of Washington.

Aquaculture uses and activities involving hatching, seeding, planting, cultivating, raising and/or harvesting of planted or naturally occurring shellfish shall not be considered development, as defined in Article II of this chapter, and shall not require a shoreline substantial development permit, unless:

The activity substantially interferes with normal public use of surface waters; or

The activity involves placement of any structures as defined in Article II of this chapter; or

The activity involves dredging using mechanical equipment such as clamshell, dipper, or scraper; or

The activity involves filling of tidelands or bedlands.

The county shall assess the potential for interference described in subsection (3)(c) of this section on a case-by-case basis. All proposed new aquaculture uses or developments shall submit a joint aquatic permit application (JARPA) and SEPA checklist to enable assessment by the county. Activities shall not be considered to substantially interfere with normal public use of surface waters, unless:

They occur in, adjacent to or in the immediate vicinity of public tidelands; and

They involve the use of floating ropes, markers, barges, floats, or similar apparatus on a regular basis and in a manner that substantially obstructs public access, or passage from public facilities such as parks or boat ramps; or they exclude the public from more than one acre of surface water on an ongoing or permanent basis.

Aquaculture activities not listed in subsection (4)(c) of this section and listed activities that fail to meet any of the criteria in subsection (1)(b) of this section shall require a shoreline substantial development permit (SDP) or conditional use permit (CUP), and shall be subject to all of the following regulations:

Subtidal, intertidal, floating, and upland structures and apparatus associated with aquaculture use shall be located, designed and maintained to avoid adverse effects on ecological functions and processes.

The county shall consider the location of proposed aquaculture facilities/farms to prevent adverse cumulative effects on ecological functions and processes and adjoining land uses. The county shall determine what constitutes acceptable placement and concentration of commercial aquaculture in consultation with state and federal agencies and tribes based on the specific characteristics of the waterbody, reach, drift cell, and uplands in the vicinity of the farm/facility.

Upland structures accessory to aquaculture use that do not require a waterside location or have a functional relationship to the water shall be located landward of shoreline buffers required by this program.

Overwater work shelters and sleeping quarters accessory to aquaculture use/development shall be prohibited.

Floating/hanging aquaculture structures and associated equipment shall not exceed 10 feet in height above the water's surface. The administrator may approve hoists and similar structures greater than 10 feet in height when there is a clear demonstration of need. The 10-foot height limit shall not apply to vessels.

Floating/hanging aquaculture facilities and associated equipment, except navigation aids, shall use colors and materials that blend into the surrounding environment in order to minimize visual impacts.

Aquaculture use and development shall not materially interfere with navigation, or access to adjacent waterfront properties, public recreation areas, or tribal harvest areas. Mitigation shall be provided to offset such impacts where there is high probability that adverse impact would occur. This provision shall not be interpreted to mean that an operator is required to provide access across owned or leased tidelands at low tide for adjacent upland owners.

Aquaculture uses and developments, except in-water finfish aquaculture, shall be located at least 600 feet from any National Wildlife Refuge, seal and sea lion haulouts, seabird nesting colonies, or other areas identified as critical feeding or migration areas for birds and mammals. In-water finfish facilities, including net pens, shall be located 1,500 feet or more from such areas. The county may approve lesser distances based upon written documentation that U.S. Fish and Wildlife Service (USFWS), Washington Department of Fish and Wildlife (WDFW) and affected tribes support the proposed location.

Aquaculture use and development shall be sited so that shading and other adverse impacts to existing red/brown macro algae (kelp), and eelgrass beds are avoided.

(x)

Aquaculture uses and developments that require attaching structures to the bed or bottomlands shall use anchors, such as helical anchors, that minimize disturbance to substrate.

(xi)

Where aquaculture use and development are authorized to use public facilities, such as boat launches or docks, the county shall reserve the right to require the applicant/proponent to pay a portion of the maintenance costs and any required improvements commensurate with the applicant's/proponent's use.

(xii)

Aquaculture use and development shall employ nonlethal, nonharmful measures to control birds and mammals. Control methods shall comply with existing federal and state regulations.

(xiii)

Aquaculture use and development shall avoid use of chemicals, fertilizers and genetically modified organisms except when allowed by state and federal law.

(xiv)

Non-navigational directional lighting associated with aquaculture use and development shall be used wherever possible and area lighting shall be avoided and minimized to the extent necessary to conduct safe operations. Non-navigational lighting shall not adversely affect vessel traffic.

(xv)

Aquaculture waste materials and by-products shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste disposal standards, including but not limited to the Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (Chapter 90.48 RCW).

Prior to approving a permit for floating/hanging aquaculture use and development or bottom culture involving structures, the county may require a visual analysis prepared by the applicant/proponent describing effects on nearby uses and aesthetic qualities of the shoreline. The analysis shall demonstrate that adverse impacts on the character of those areas are effectively mitigated.

Regulations – Finfish.

The culture of finfish, including net pens as defined in Article II of this chapter, may be allowed with a discretionary conditional use approval (C(d)) subject to the policies and regulations of this program. All finfish aquaculture (in-water and upland) shall meet, at a minimum, state-approved administrative guidelines for the management of net pen cultures. In the event there is a conflict in requirements, the more restrictive requirement shall prevail.

All in-water finfish aquaculture (in-water and upland) proposals for facilities/operations shall:

Provide the county, at the applicant's/operator's expense, a site characterization survey, baseline surveys, and annual monitoring as described in the 1986 Interim Guidelines, or subsequent documents approved by the state. The applicant/operator shall also provide the county with copies of all survey and monitoring reports submitted to Washington Departments of Ecology, Fish and Wildlife, and Natural Resources.

Submit an operations plan that includes projections for:

Improvements at the site (e.g., pens, booms, etc.) and their relationship to the natural features (e.g., bathymetry, shorelines, etc.);

Number, size and configuration of pens/structures;

Schedule of development and maintenance;

(D)

Species cultured;

(E)

Fish size at harvest;

(F)

Annual production;

(G)

Pounds of fish on hand throughout the year;

(H)

Average and maximum stocking density;

(I)

Source of eggs, juveniles, and broodstock;

(J)

Type of feed used;

(K)

Feeding method;

(L)

Chemical use (e.g., anti-fouling, antibiotics, etc.); and

(M)

Predator control measures.

Provide county with documentation of adequate property damage and personal injury commercial insurance coverage as required by Washington Department of Natural Resources and other agencies.

Where the county does not have expertise to analyze the merits of a report provided by an applicant, the applicant may be required to pay for third-party peer review of said report.

Bottom Sediments and Benthos.

The depth of water below the bottom of any in-water finfish aquaculture facility shall meet the minimum required by the 1986 Interim Guidelines (i.e., 20 to 60 feet at MLLW), as based on facility production capacity (Class I, II or III) and the mean current velocity at the site, measured as noted in the Guidelines or by more current data/methodology.

In-water finfish aquaculture operations shall be prohibited where mean current velocity is less than 0.1 knots (five cm/sec).

The pen configuration (e.g., parallel rows, compact blocks of square enclosures, or clusters of various sized round enclosures, whether oriented in line with or perpendicular to the prevailing current direction) of any in-water finfish aquaculture facility shall be designed and maintained to minimize the depth and lateral extent of solids accumulation.

The use of unpelletized wet feed shall be prohibited to minimize undigested feed reaching the benthos or attracting scavengers in the water column.

Anchoring or mooring systems shall utilize adequately sized helical devices or other methods to minimize disturbance to the benthos.

Water Quality.

All in-water finfish aquaculture facilities shall be designed, located and operated to avoid adverse impacts to water temperature, dissolved oxygen and nutrient levels, and other water quality parameters. Facilities must comply with National Pollutant Discharge Elimination Standards (NPDES) requirements.

All in-water finfish aquaculture facilities shall monitor water quality and net cleaning activities to comply with state requirements (including WAC 173-201A-210), especially during periods of naturally high water turbidity. Additional net cleaning activities shall be performed, as needed, to ensure state water quality standards are met.

Phytoplankton.

In-water finfish aquaculture facility production capacity shall be limited in nutrient sensitive areas to protect water quality and shall not exceed 1,000,000 pounds annual production per square nautical mile. The following shall apply for specific geographic areas:

In the main basin of Puget Sound (area south of the sill at Admiralty Inlet extending to the line between Tala Point and Foulweather Bluff, including Port Townsend Bay, Kilisut Harbor, and Oak Bay, and extending to the county's boundary midway to Whidbey Island), annual production shall be limited by the site characteristics in compliance with this program.

Applicants shall demonstrate through field and modeling studies that the proposed fish farms will not adversely affect existing biota.

Chemicals.

Only FDA-approved chemicals shall be allowed on a case-by-case basis for anti-fouling, predator control and other purposes. The use of tributyltin (TBT) is prohibited and all chemical use shall be reported to the state as required.

When necessary, vaccination is preferred over the use of antibiotics. Only FDA-approved antibiotics shall be used and such use shall be reported to the state as required. Operator shall take all necessary precautions to ensure that nearby sediments and shellfish do not accumulate significant amounts of antibiotics.

Food Fish and Shellfish.

All in-water finfish aquaculture facilities shall be located to avoid adverse impacts to habitats of special significance (as defined in Article II of this chapter) and populations of food fish and shellfish as follows, as determined on a case-by-case basis:

When adjacent to any wildlife refuge, sanctuary, aquatic reserve or similar area intended to protect threatened or endangered species, locate a minimum of 300 feet in all directions from such protected areas;

When water depth is less than 75 feet, locate at least 300 feet down-current and 150 feet in all other directions from significant habitats;

When water depth is greater than 75 feet, locate at least 150 feet from significant habitat.

The county shall designate protective buffer zones around habitats of special significance in accordance with marine area spatial planning efforts led by the state, when such guidance and methodologies are available.

Importation of New Fish Species. All in-water finfish aquaculture facilities shall comply with existing state and federal regulations to ensure importation of new and/or nonnative species does not adversely affect existing and/or native species.

Genetic Issues.

In compliance with state and federal requirements, in-water finfish aquaculture facilities that propose to culture species native to local waters should use stocks with the greatest genetic similarity to local stocks.

When there is increased risk of interbreeding or establishment of naturalized populations of the cultured species that would be in conflict with native stocks, only sterile or mono-sexual fish shall be allowed.

All in-water finfish aquaculture facilities shall locate a minimum distance from river mouths where wild fish could be most vulnerable to genetic degradation, as determined on a case-by-case basis or by state guidance.

Escapement and Disease.

All in-water finfish aquaculture facilities shall comply with state and federal requirements to control pests, parasites, diseases, viruses and pathogens and to prevent escapement including, but not limited to, those for certified eggs, approved import/transport and live fish transfer protocols, escapement prevention, reporting and recapture plans, and disease inspection and control per RCW 77.15.290, Chapter 77.115 RCW, Chapters 220-76 and 220-77 WAC and other requirements as appropriate.

The use of regional broodstock is preferred.

As consistent with the above mentioned Washington statutes and administrative rules, and other applicable authorities, all in-water finfish aquaculture facility operators shall provide the county with a disease response plan to detail specific actions and timelines to follow when an outbreak is detected. The plan shall address transport permit denial, quarantine, confiscation, removal, and other possible scenarios, identify what agencies will be notified or involved, what alternate facilities may be used, a public information/outreach strategy and other appropriate information.

Marine Mammals and Birds.

All in-water finfish aquaculture facilities shall locate a minimum of 1,500 feet from habitats of special significance for marine mammals and seabirds.

Only nonlethal techniques (e.g., anti-predator netting) shall be allowed to prevent predation by birds and/or mammals on the cultured stocks.

(l)

Visual Quality. All in-water finfish aquaculture facilities shall conduct a visual impact assessment to evaluate and document the following siting and design variables in order to minimize visual impacts to adjacent and surrounding uses:

Locate offshore from low bank shorelines rather than high bluff areas where angle of viewing becomes more perpendicular to the plane of water making the facility more visually evident.

Locate offshore a minimum of 1,500 feet from ordinary high water mark, or a minimum of 2,000 feet when higher density residential development (rural residential 1:5, urban growth area, master planned resort, and preexisting platted subdivisions with density equivalent/greater to such) is present along the adjacent upland. The county may require a greater distance as determined by a visual impact assessment.

Facilities shall be designed to maximize a horizontal profile to repeat the plane of the water surface rather than project vertically above the water surface. Vertical height shall be the minimum feasible, not to exceed 10 feet from the surface of the water.

Facilities shall be designed so that the overall size and surface area coverage does not exceed 10 percent of the normal cone of vision, dependent on the foreshortening created by the offshore distance and the average observation height.

Facilities shall be designed to borrow from the form of structures and materials already in the environment (e.g., pilings, docks, marinas) and to blend with the predominate color schemes present (i.e., blue, green, gray, neutral earth tones). The colors of white and black shall be minimized as they have highly variable appearance in response to lighting conditions. Bright colors such as red, yellow, and orange shall be avoided, unless required for safety purposes. The use of a variety of materials or colors shall be limited and ordered.

Facilities proposed to locate in the vicinity of existing in-water finfish aquaculture facilities shall evaluate the aggregate impacts and cumulative effects of multiple operations in the same area.

Facilities shall be designed and located so that the surface area of individual operations does not exceed two acres of surface coverage and no more than one operation per square nautical mile.

Land based access for parking, staging, launching, and storage associated with any in-water finfish aquaculture facilities shall be evaluated for visual impacts and conflicts with adjacent upland uses.

(m)

Navigation, Military Operations and Commercial Fishing.

When appropriate, in-water finfish aquaculture facilities shall be located close to shore and near existing navigational impediments (i.e., marinas, docks).

All in-water finfish aquaculture facilities shall be designed, located and operated to avoid conflict with military operations.

The county shall notify, as appropriate, marinas, ports, recreational and commercial boating/fishing organizations, and local tribes about comment opportunities during the permit review process, especially regarding proposed location of fish farm and related navigational aids.

(n)

Human Health. All in-water finfish aquaculture facilities shall be designed, located and operated to:

Ensure adequate water quality compatible with good husbandry practices;

Report any known bacteriological characteristics of fish food used;

Ensure proper storage of fish food to avoid alteration or degradation of feed quality;

Regularly monitor and report presence of parasites in farmed fish; and

Comply with federal, state and local food safety requirements including, but not limited to, source identification and country of origin labeling, and hazard analysis and critical control points plan.

(o)

Recreation.

All in-water finfish aquaculture facilities shall ensure compliance with state and federal requirements, especially when location is proposed near underwater park facilities.

All in-water finfish aquaculture facilities shall be located a minimum of 1,000 feet from any recreational shellfish beach, public tidelands, public access facilities (e.g., docks or boat ramps) or other areas of extensive or established recreational use.

In-water finfish aquaculture operators shall inform the Notice to Mariners and other appropriate entities for nautical chart revisions and notify other sources that inform recreational uses (e.g., boaters, divers, shellfish harvesters).

(p)

Noise.

All in-water finfish aquaculture facilities shall be designed, located and operated to:

Ensure compliance with state and federal noise level limits;

Require mufflers and enclosures on all motorized fish farm equipment;

When appropriate, prefer electric motors over internal combustion engines.

The county may require an acoustical study, conducted at the applicant's/operator's expense, to ensure any audible impacts are identified and adequately addressed.

(q)

Odor. All in-water finfish aquaculture facilities shall be designed, located and operated to:

Ensure compliance with state limits regarding nuisances and waste disposal;

Follow best management practices including, but not limited to:

Daily removal and disposal of dead fish and other waste;

Regular cleaning of nets and apparatus;

Storage of food in closed containers;

(D)

Walkway design and use allows spilled food to fall into the water.

Maximize the distance between the facility and nearby residential use/development, downwind location preferred, to minimize impacts resulting from foul odors.

(r)

Lighting and Glare.

Facilities shall comply with USCG requirements for operational and navigational lighting. The height of the light source above the water surface shall be the minimum necessary, not to exceed 80 inches, unless otherwise specified by state or federal requirements.

Facilities shall be designed so that any glare or shadows caused by the solar orientation are minimized.

Facilities shall utilize materials that minimize glare caused by sunlight or artificial lighting.

(s)

Upland Shoreline Use. All in-water finfish aquaculture facilities shall be designed, located and operated to minimize incompatible uses and degradation of upland area.

(t)

Local Services.

All in-water finfish aquaculture facilities shall be designed, located and operated to:

Provide estimates of high, average, and low volumes of waste to be produced, including catastrophic events;

Provide a waste management plan to include the method and frequency of collection, storage and disposal; and

Ensure compliance with local, state, federal waste disposal requirements.

Equipment, structures and materials shall not be discarded in the water and shall not be abandoned in the upland.

Regulations – Application Requirements.

Prior to issuing a permit for any proposed aquaculture use or development, the county may require copies of permit applications and/or studies required by state and federal agencies to ensure provisions of this program are met, including, but not limited to, the following information:

Anticipated harvest cycles and potential plans for future expansion or change in species grown or harvest practices.

Number, types and dimensions of structures, apparatus or equipment.

Predator control methods.

Anticipated levels of noise, light, and odor and plans for minimizing their impacts.

Potential impacts to animals, plants, and water quality due to the discharge of waste water from any upland development.

Proof of application for an aquatic lands lease from the Washington State Department of Natural Resources (DNR) or proof of lease or ownership if bedlands are privately held.

Department of Health (DOH) Shellfish Certification Number.

Department of Fish and Wildlife (DFW) commercial aquatic farm or noncommercial, personal consumption designation.

Proof of application for any permits required by the U.S. Army Corps of Engineers, Department of Health, or other agency.

(x)

Proof of application for any state and federal permits/approvals including any required federal consultation under Section 7 of the Endangered Species Act (16 U.S.C. 1531 et seq., ESA).

Prior to approving a permit for floating/hanging or upland aquaculture use and development or bottom culture involving structures, the county may require a visual analysis prepared by the applicant/proponent describing effects on nearby uses and aesthetic qualities of the shoreline. The analysis shall demonstrate that adverse impacts on the character of those areas are effectively mitigated.

(Ord. 7-13 Exh. A (Art. VIII § 2))

§ 18.25.450 Commercial use.

Policies.

Commercial development should be located, designed and operated to avoid and minimize adverse impacts on shoreline ecological functions and processes.

Water-related commercial uses should not displace existing water-dependent uses, and water-enjoyment commercial uses should not displace existing water-related or existing water-dependent uses, unless there are compelling reasons in the public interest.

Restoration of impaired shoreline ecological functions and processes should be encouraged as part of commercial development.

Commercial development should be visually compatible with adjacent noncommercial properties.

Commercial uses located in the shoreline should provide public access in accordance with JCC § 18.25.290 (Public access).

Uses and Activities Prohibited Outright. Commercial parking as a primary use shall be prohibited within the shoreline jurisdiction.

Shoreline Environment Regulations.

Priority Aquatic. Commercial use and development is prohibited, except that small-scale, low intensity water-dependent commercial recreational use and development may be allowed as a conditional use subject to the use and development regulations of the abutting upland shoreline environment designation.

Aquatic. Water-dependent and water-related commercial recreational use and development may be allowed subject to the use and development regulations of the abutting upland shoreline environment designation. Water-enjoyment and non-water-dependent commercial use/development is prohibited.

Natural. Commercial use and development is prohibited, except that small-scale, low intensity water-dependent commercial recreational use and development may be allowed through a conditional use permit.

Conservancy. Water-dependent and water-related commercial use and development may be allowed as a conditional use subject to policies and regulations of this program. Non-water-dependent and non-water-related commercial uses/developments are prohibited, except that small-scale, low intensity recreational/tourist development/use may be allowed with a conditional use permit; provided, that a portion of the use/development is water-dependent or water-related.

Shoreline Residential. Water-oriented commercial use and development may be allowed subject to policies and regulations of this program. Non-water-oriented commercial uses may be allowed as a conditional use.

High Intensity. Water-oriented commercial use and development may be allowed subject to policies and regulations of this program. Non-water-oriented commercial uses may be allowed as a conditional use.

Regulations – Application Requirements.

The county shall require proponents of all commercial use and development to provide the following information at the time of permit application:

Site plans showing the boundaries of the property and any existing structures, indication of existing vegetation and topography, locations of adjacent structures, roads or other infrastructure, and the ordinary high water mark and/or floodway boundary. For comparison, proposed structures and uses shall be overlaid on a site plan of existing conditions; and

A description of the specific nature and character of the commercial activity (e.g., water-dependent, water-related, water-enjoyment, non-water-oriented, or mixed-use), including a description of the specific components of the proposal; and

A description of the reason for needing a shoreline location; and

Any proposed measures to enhance the relationship of the activity to the shoreline; and

A description of the proposed provisions for providing public visual and/or physical access to the shoreline; and

A description of mitigation measures proposed to ensure that the development will not cause significant adverse environmental impacts.

For mixed-use proposals, at least one alternative design depicting a mixture of uses and activities, structural location, site design, bulk and dimensional configuration, and an alternative approach to public visual and physical access to the shoreline.

Regulations – Water-oriented Use/Development.

Water-oriented commercial use and development shall be allowed when the proponent demonstrates that it will not result in a net loss of shoreline ecological functions or processes, or have significant adverse impact on other shoreline uses, resources and/or values such as navigation, recreation and public access.

A use or development shall not be considered water-dependent, water-related or water-enjoyment until the county determines that the proposed design, layout and operation of the use/development meet the definition and intent of the water-dependent, water-related or water-enjoyment designation.

Where existing water-oriented commercial uses are located in shoreline jurisdiction, any undeveloped and substantially unaltered portion of the waterfront not devoted to water-dependent use shall be maintained for future water-related use.

Regulations – Non-Water-Oriented Use/Development.

Non-water-oriented commercial uses are prohibited on the shoreline unless they meet the following criteria:

The use is part of a mixed-use project that includes water-dependent uses and provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration; or

Navigability is severely limited at the proposed site and the commercial use provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration.

When permitted pursuant to subsection (5)(a) of this section, non-water-oriented uses shall provide public access and/or restore shoreline ecological functions as follows:

When part of a mixed-use development, 80 percent of the shoreline buffer area shall be restored to provide shoreline ecological functions and processes that approximate the functions provided by the site in undisturbed or nondegraded conditions.

When not part of a mixed-use development, the county shall determine the type and extent of public access and restoration on a case-by-case basis according to the opportunities and constraints provided by the site.

The county may waive the requirement to provide public access and/or restoration when:

The site is designated as a public access area by a shoreline public access plan, in which case public access consistent with that plan element shall be provided; or

The county finds that the size of the parcel and/or the presence of adjacent uses preclude restoration of shoreline ecological functions. In such cases, where on-site restoration is infeasible, equivalent off-site restoration shall be provided consistent with the policies and regulations of this program.

Where restoration is provided pursuant to this section, buffers protecting the restored area shall be sized and designed as appropriate to protect shoreline resources based on a specific restoration plan. The buffer width may differ from the shoreline buffers required in JCC § 18.25.270 so as not to encumber adjacent properties, unduly constrain the development site, or create a disincentive for restoration.

Existing non-water-dependent and non-water-related commercial use or development on shorelines that conform to this program may be permitted to expand landward, but not waterward of existing structures, provided the expansion otherwise conforms to this program.

(Ord. 7-13 Exh. A (Art. VIII § 3))

§ 18.25.460 Forest practices.

Policies.

To be consistent with WAC 173-26-241(3)(e), the county should rely on the Forest Practices Act (Chapter 76.09 RCW), its implementing rules, and the 1999 Forest and Fish Report as adequate management of commercial forest uses within shoreline jurisdiction, except for forest conversion activities.

Forest lands should be reserved for long-term forest management and other such uses that are compatible with forest management.

Forest practices should maintain natural surface and ground water movement patterns and protect the quality of surface and ground water.

Forest practices should minimize damage to fish and wildlife species and terrestrial, wetland, and aquatic habitats.

Forest practices should aim to maintain or improve the quality of soils and minimize erosion.

Where slopes are steep or soils are subject to sliding, erosion or high water table, special practices should be employed to minimize damage to shoreland and water bodies, and adjacent properties.

Forest practices should be conducted in a manner that minimizes adverse effects on the aesthetic qualities of shorelines.

Proper road and bridge design, location, and construction and maintenance practices should be used to prevent adversely affecting shoreline resources.

Uses and Activities Prohibited Outright. Forest practices below ordinary high water mark on all shorelines are prohibited.

Shoreline Environment Regulations.

Priority Aquatic. Forest practices are prohibited.

Aquatic. Forest practices are prohibited.

Natural. Forest practices may be allowed with conditional use approval, subject to the policies and regulations of this program.

Conservancy. Forest practices may be allowed subject to the policies and regulations of this program.

Shoreline Residential. Forest practices may be allowed subject to the policies and regulations of this program.

High Intensity. Forest practices may be allowed subject to the policies and regulations of this program.

Regulations.

Timber harvesting and forest practices activities that do not meet the definition of development in Article II of this chapter shall be conducted in accordance with the Washington State Forest Practices Act (Chapter 76.09 RCW), WAC Title 222, and the 1999 Forest and Fish Report, and any regulations adopted pursuant thereto.

Except as provided in subsections (4)(c) and (d) of this section, timber harvesting and forest practices activities that do not meet the definition of development in Article II of this chapter shall not be regulated by this program and shall not require a shoreline permit.

Selective commercial timber cutting on shorelines of statewide significance shall not exceed 30 percent of the merchantable trees in any 10-year period as required by RCW 90.58.150. The county may allow exceptions to the 30 percent limit with a conditional use permit in accordance with WAC 173-26-241(3)(e).

Forest practices roads on slopes that exceed 35 percent shall require a conditional use permit.

Other activities associated with timber harvesting, such as filling, excavation, and building roads and structures, that meet the definition of development shall be regulated according to the general provisions (Article VI of this chapter), shoreline modification provisions (Article VII of this chapter) and/or the other applicable use-specific provisions (this article) of this program and shall require a shoreline substantial development permit or conditional use permit as specified in this program.

§ 18.25.470 Industrial and port development.

Conversion of forest land to nonforestry uses (Class IV Conversion Forest Practices Permit) shall be reviewed in accordance with the provisions for the proposed nonforestry use and the general provisions in Article VI of this chapter and shall be subject to any permit requirements associated with the nonforestry use.

(Ord. 7-13 Exh. A (Art. VIII § 4))

Policies.

In securing shoreline locations for industrial or port development, preference should be given first to water-dependent industrial or port development, then to water-related industrial or port development.

Restoration of impaired shoreline ecological functions and processes should be encouraged as part of industrial and port development.

Industrial and port development should be visually compatible with adjacent noncommercial properties.

Industrial and port uses located in shoreline jurisdiction should provide public access in accordance with JCC § 18.25.290 (Public access).

Shorelines suitable for deep-water harbors with access to adequate rail, highway and utility systems should be reserved for water-dependent or water-related industrial and port development.

Port facilities should be designed to allow the public to view harbor areas and should provide public facilities that do not interfere with port operations or endanger public health and safety.

Where feasible, transportation and utility corridors serving industrial and port uses should be located away from the water's edge to minimize ecological impacts and to reduce the need for waterfront signs and other infrastructure.

Industrial or port development at deep-water sites should be limited to those uses that produce long-term economic benefit and minimize environmental impact.

Industrial and port development should be protected from encroachment or interference by incompatible uses such as residential or commercial uses, which have less stringent siting requirements.

Private and public entities should be encouraged to cooperatively use piers, cargo handling, storage, parking and other accessory facilities in waterfront industrial/port areas.

Log storage is not a desired use of the county's shoreline and should be allowed only when adequate measures are taken to minimize adverse impacts. Upland log storage is preferred over in-water storage.

Shoreline Environment Regulations.

Priority Aquatic. Industrial/port use and development are prohibited.

Aquatic. Water-dependent and water-related industrial/port use and development may be allowed as a conditional use, subject to the use and development regulations of the abutting upland shoreline environment designation. Uses and developments that are not water-dependent or water-related are prohibited.

Natural. Industrial/port use and development are prohibited.

Conservancy. Only low intensity water-dependent and water-related industrial/port use and development may be allowed as a conditional use, subject to policies and regulations of this program. Uses and developments that are not water-dependent or water-related are prohibited, except that industrial/port use and development that meet the criteria in subsection (5)(a) of this section may be allowed as a conditional use.

Shoreline Residential. Only low intensity water-dependent and water-related industrial/port use and development may be allowed subject to policies and regulations of this program. Uses and developments that are not water-dependent or water-related are prohibited, except that industrial/port use and development that meet the criteria in subsection (5)(a) of this section may be allowed as a conditional use.

High Intensity. Water-dependent and water-related industrial/port use and development may be allowed subject to policies and regulations of this program. Uses and developments that are not water-dependent or water-related may be allowed as a conditional use.

Regulations – General.

Where industrial and port use/development is allowed, it shall be located, designed, and constructed in a manner that minimizes adverse impacts to shoreline resources and shall include mitigation to ensure no net loss of shoreline ecological functions and processes.

Accessory development that does not require a location at or near the water's edge shall be located upland of the water-dependent portions of the development and outside the shoreline buffer.

Industrial noise caused by volume, frequency, or rhythm shall be muffled or otherwise controlled. Tsunami, air raid and other public safety warning sirens are exempt from this requirement. No vibration shall be permitted that is discernible without instruments on any adjoining non-industrial/port property. The county may require an acoustical study, vibration assessment, and mitigation as needed to address potential noise or vibration impacts.

Industrial and port facilities shall minimize direct or reflected glare and noxious odors discernible without instruments from adjacent properties, streets, or water areas, and must comply with Olympic Region Clean Air Agency (ORCAA) standards.

Docks, piers, pilings and launching facilities accessory to industrial and port development may be permitted; provided, that they serve a water-dependent or water-related use, and comply with JCC § 18.25.350 (boating facilities).

Storage or disposal of industrial and port wastes shall be prohibited within shoreline jurisdiction.

Non-water-dependent industrial/port uses may be permitted to occur at facilities previously approved for water-dependent uses under the following conditions:

A specific occupancy plan has been approved that allows interim uses for a specific period while the market for water-dependent uses is being developed and the proposed interim use is consistent with the occupancy plan.

The period of interim lease or commitment of the space shall not exceed five years. At the end of five years, a new application for interim use shall be submitted.

The proponent/applicant has made a good faith effort to obtain water-dependent uses. The period of the search for water-dependent uses, the notice of availability, listing or advertising employed, and any inquiries received shall be documented.

No permanent improvements will be made to the space that require more than five years of occupancy to repay the investment. No permanent improvements will be made that will reduce the suitability of the space for water-dependent use.

Regulations – Water-oriented Use/Development.

Water-oriented industrial/port use and development shall be allowed when the proponent/applicant demonstrates that it will not cause a net loss of shoreline ecological functions or processes or have significant adverse impact on other shoreline uses, resources and/or values such as navigation, recreation and public access.

Where existing water-oriented industrial/port uses are located in shoreline jurisdiction, any undeveloped and substantially unaltered portion of the waterfront not devoted to water-dependent use shall be maintained for future water-related use.

Water-dependent industry and port facilities shall be located and designed to minimize the need for initial or recurrent dredging, filling or other harbor and channel maintenance activities.

Regulations – Non-water-oriented Use/Development.

Non-water-oriented industrial/port uses are prohibited in shoreline jurisdiction unless they meet the following criteria:

The site is physically separated from the shoreline by another property or public right-of-way; or

The use is part of a mixed-use project that includes an associated water-dependent use; or

Navigability is severely limited at the proposed site; or

The industrial/port use provides a significant public benefit in the form of public access and/or ecological restoration.

When permitted pursuant to subsection (5)(a) of this section, non-water-oriented uses shall provide public access and/or restore shoreline ecological functions. The county shall determine the type and extent of public access and restoration on a case-by-case basis according to the opportunities and constraints provided by the site.

The county may waive the requirement to provide public access and/or restoration when:

The site is designated as a public access area by a shoreline public access plan, in which case public access consistent with that plan element shall be provided; or

Where restoration is provided pursuant to this section, buffers on the restored area shall be designed as appropriate to protect shoreline resources based on a specific restoration plan. The buffer width may differ from the shoreline buffers required in JCC § 18.25.270 so as not to encumber adjacent properties or unduly constrain the development site.

Existing non-water-dependent and non-water-related industrial/port development on shorelines that conforms to this program may be permitted to expand landward, but not waterward of existing structures provided the expansion otherwise conforms to this program.

Regulations – Log Storage.

In-water storage or rafting of logs is prohibited unless all of the following conditions are met:

There is no feasible upland location; and

State water quality standards can be met at all times; and

The storage does not create an impediment to navigation or interfere with other water-dependent uses; and

The storage occurs in deep water beyond the photic zone to reduce shading impacts; and

Overland transportation of logs would cause unacceptable transportation impacts; and

Depths are sufficient to prevent grounding; and

Easy let-down devices are employed for placing logs in the water. Free-fall or dumping of logs into water shall be prohibited.

Dredging to create log storage facilities shall be prohibited.

Log storage facilities shall be located in existing developed areas to the greatest extent feasible. If a new log storage facility is proposed along an undeveloped shoreline, an alternatives analysis shall be required.

Existing in-water log storage facilities in habitats used by federally listed threatened or endangered species shall be reevaluated if use is discontinued for two years or more or if substantial repair or reconstruction is required.

Offshore log storage shall only be allowed on a temporary basis, and should be located where natural tidal or current flushing and water circulation are adequate to disperse potential contaminants/pollutants.

Appropriate bark and wood debris control, collection and disposal methods shall be employed at log storage areas, log dumps, raft building areas and mill-side handling zones to prevent wood debris from entering the water.

Where water depths will permit the floating of bundled logs, they shall be secured in bundles on land before being placed in the water. Bundles shall not be broken again except on land or at mill-side.

(7)

Regulations – Ship Building and Repair Yard Regulations.

Ship and boat building and repair yards shall employ best management practices to control, collect and treat surface runoff to protect the quality of affected waters in accordance with Chapter 90.48 RCW.

Cleaning, surfacing or resurfacing operations occurring over water that may result in the entry of debris into water shall employ fully intact tarps temporarily affixed to the hull above the water line. Prior to removing the tarps, the accumulated contents shall be removed and properly disposed of.

Impervious pavement is required for ship building and repair yards where the wet season water table is less than four feet below surface level.

(8)

Regulations – Application Requirements. The county shall require proponents of all industrial use and development to provide the following information at the time of permit application:

A description of the specific nature and character of the industrial activity (e.g., water-dependent or water-related), including a description of the specific components of the proposal; and

A description of the reason for needing a shoreline location; and

Any proposed measures to enhance the relationship of the activity to the shoreline; and

A description of the proposed provisions for providing public visual and physical access to the shoreline; and

A description of potential noise impacts including an acoustical analysis; and

A description of mitigation measures including screening, fencing, and other measures to ensure that the development will not cause significant adverse environmental impacts.

(Ord. 7-13 Exh. A (Art. VIII § 5))

§ 18.25.480 Mining.

Policies.

Mining, as defined in Article II of this chapter, should be located and conducted so as to provide long-term protection of water quality, fish and wildlife species and habitat, to cause the least amount of disruption to the natural shoreline character, resources and ecology, and to avoid net loss of ecological functions in accordance with this program and other applicable laws.

Mining should not be located and conducted where unavoidable adverse impacts to other uses or resources equal or outweigh the benefits from mining.

Mining should not interfere with public access or recreation on the shoreline.

Mining should only be permitted when the proponent provides appropriate studies and detailed operation plans demonstrating all of the following:

Fish habitat, upland habitat and water quality will not be adversely affected;

The operation will not adversely affect geo-hydraulic processes, channel alignment, nor increase bank erosion or flood damages;

The operation will provide all feasible measures to protect aquatic resources and anadromous fisheries from pollution related to mining including, but not limited to, sedimentation and siltation; chemical and petrochemical use and spillage, and storage or disposal of wastes and spoils.

Mining operations should be located, designed, and managed so that adjoining properties do not experience adverse impacts from noise, dust or other effects of the operation. The mine operator should be required to implement mitigation measures to minimize adverse proximity impacts.

Mining proposals that result in the creation, restoration, or enhancement of habitat for priority species are preferred over proposals that do not create or improve priority habitat.

Uses and Activities Prohibited Outright. Commercial and industrial extraction and processing of quarry rock, sand, gravel, cobbles or other minerals along any marine or freshwater lake shoreline, or waterward of the ordinary high water mark on any stream/river shoreline, are prohibited.

Shoreline Environment Regulations.

Priority Aquatic. Mining use and development are prohibited.

Aquatic. Mining use and development are prohibited.

Natural. Mining use and development are prohibited, except for transportation of minerals by road.

Conservancy. Mining use and development are prohibited, except for transportation of minerals by road.

Shoreline Residential. Mining use and development are prohibited, except for transportation of minerals by road.

High Intensity. Mining use and development may be allowed as a conditional use (CUP).

Regulations.

All mining activities shall be conducted to ensure compliance with the Washington State Surface Mining Act (Chapter 78.44 RCW), with JCC § 18.20.240, § 18.30.070, and § 18.40.073, and with the no net loss provisions of this program.

As defined in Article II of this chapter, the regulations contained in this section shall apply to all mining operations, including the extraction, primary processing and transport of naturally occurring materials. For the purposes of this section, primary processing shall be construed to include screening, crushing, and stockpiling of materials removed from the site where the processing activity is located. Transport of minerals shall include conveyor systems and barge terminals that are specifically dedicated to transport of mined materials from the site to the marketplace.

No material (such as mining overburden, debris and tailings) or equipment shall be placed in water bodies, critical areas, or floodways and shall be stored so as to prevent erosion or seepage to surface and ground waters.

To minimize noise, dust, vibration, glare and other adverse impacts, a buffer of at least 100 feet wide shall be maintained between any mining site, including accessory facilities, and adjacent properties not used for mining operations. The buffer shall consist of undisturbed soils and native vegetation and shall only include land owned or leased by the mine operator.

The proposed subsequent use of reclaimed mined property shall be consistent with the provisions of the environment designation in which the property is located and that reclamation of disturbed shoreline areas shall provide appropriate ecological processes and functions consistent with the setting. Approved reclamation programs shall be initiated within 60 days following the completion of the mineral extraction operations, in consultation with Washington Department of Natural Resources.

Equipment or apparatus associated with mining operations such as machinery, machine parts, filters, grease and oil containers and rope shall be removed in a timely manner to an appropriate upland location. Proposals for mineral extraction and processing shall be accompanied by a report prepared by a licensed professional geotechnical engineer that includes a description of all of the following:

Types of materials present on the site;

Quantity and quality of each material;

Lateral extent and depth of mineral deposits;

Depth of overburden and proposed depth of mining;

Cross section diagrams indicating present and proposed elevations and/or extraction levels;

Existing drainage patterns, seasonal or continuous, and proposed alterations to drainage patterns;

Proposed means of controlling surface runoff and preventing or minimizing erosion and sedimentation;

The location and sensitivity of any affected flood hazard areas;

The overall mineral extraction and processing plan, including scheduling, seasonal changes in activity levels, and daily operation schedules;

(x)

Proposed screening, buffering or fencing plans consistent with the requirements of this program;

(xi)

Anticipated impacts to aquatic and riparian habitat; measures to mitigate or offset adverse impacts; and

(xii)

A proposed reclamation plan that, at a minimum, meets the requirements of Chapter 78.44 RCW.

(Ord. 7-13 Exh. A (Art. VIII § 6))

§ 18.25.490 Recreation.

Policies.

Public recreation on public lands is a preferred use of the shoreline. Recreational uses and developments that facilitate the public's ability to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline are preferred. Where appropriate, such facilities should be dispersed along the shoreline in a manner that supports more frequent recreational access and aesthetic enjoyment of the shoreline for a substantial number of people.

Jefferson County should develop a comprehensive shoreline public access plan in collaboration with federal, state, and local organizations whose missions include facilitating public access and recreation opportunities.

Recreational use and development should facilitate appropriate use of shoreline resources while also conserving them.

Linkages between shoreline parks, recreation areas and public access points with linear systems (e.g., water trails, hiking paths, bicycle paths, easements and/or scenic drives) should be provided where feasible.

Recreation facilities should incorporate adequate orientation information and public education regarding shoreline ecological functions and processes, the effect of human actions on the environment and the importance of public involvement in shoreline management. Opportunities to incorporate educational and interpretive information should be pursued in design and operation of recreation facilities and other amenities such as nature trails.

Recreational use and development should be supported by adequate utility and road facilities, or located where such facilities may be provided without significant damage to shore features commensurate with the number and concentration of anticipated users.

The county should encourage the use of street ends and publicly owned lands for shoreline public access to and development of recreational opportunities.

Recreation use and development should be located and designed in a manner that is compatible with the surrounding properties.

Recreational developments are encouraged to use low impact development techniques including but not limited to pervious pavements, to minimize effects associated with stormwater runoff.

Shoreline Environment Regulations.

Priority Aquatic. Water-oriented recreational use and development is allowed subject to the regulations of the abutting upland shoreline environment designation. Underwater parks may be allowed as a conditional use. Non-water-oriented recreation is prohibited.

Aquatic. Water-oriented recreational use and development is allowed subject to the regulations of the abutting upland shoreline environment designation. Underwater parks may be allowed as a conditional use. Non-water-oriented recreation is prohibited.

Natural. Non-water-oriented recreation is prohibited. Low intensity water-oriented recreational use and development may be allowed subject to policies and regulations of this program and the following criteria:

Essential minor structures such as trails, stairs, small picnic areas, primitive roads, viewpoints, restrooms or other appropriate sanitary facilities, interpretive facilities, or development that will not adversely affect shoreline ecological functions and processes are permitted, subject to policies and regulations of this master program.

Any necessary landscaping shall use native vegetation.

Recreational development requiring extensive structures or substantial alterations to topography or native vegetation is prohibited.

Conservancy. Non-water-oriented recreation is prohibited. Low intensity water-oriented recreational use and development is allowed subject to policies and regulations of this program and the following criteria:

Structures on sites of one acre or less shall not result in more than five percent building coverage, and total impervious surface shall not exceed 10 percent.

Structures on sites greater than one acre will not result in more than 10 percent building coverage, and total impervious surface will not exceed 20 percent.

Alteration of topography shall be limited to the minimum necessary to accommodate allowed use and development.

Recreational use and development will not result in visitor patterns that degrade shoreline ecological functions.

Shoreline Residential. Water-oriented recreational use and development is allowed subject to the policies and regulations of this master program. Non-water-oriented recreation may be allowed as a conditional use.

High Intensity. Water-oriented recreational use and development is allowed subject to the policies and regulations of this master program. Non-water-oriented recreation is prohibited.

Regulations.

Water-oriented recreational use/development is a preferred use of the shoreline and shall be allowed when the proponent demonstrates that it will not result in a net loss of shoreline ecological functions or processes or have significant adverse impact on other shoreline uses, resources and/or values such as navigation and public access.

Recreation areas or facilities on the shoreline shall provide physical or visual public access consistent with JCC § 18.25.290 (Public access).

Underwater parks may be permitted when properly sited and associated with adequate access, restroom facilities and parking. Underwater parks should be located adjacent to existing parks where feasible.

Non-water-oriented recreational facilities with playing fields or with extensive impervious surfaces are not preferred, and if permitted shall incorporate best management practices (BMPs) to prevent erosion, control the amount of runoff and prevent harmful concentrations of chemicals and sediment from entering water bodies.

New recreational use/development shall be located landward of the shoreline buffers required by this program except that components of the recreational use or development that are water-dependent or water-related may be allowed within the shoreline buffer.

Signs indicating the public's right to access shoreline areas shall be installed and maintained in conspicuous locations at recreational facility points of access and entrances.

When a public recreation site abuts private property/tidelands, signs and other similar markers shall also indicate geographic limits of public access to minimize conflicts with adjacent use/development.

Where appropriate, recreational development proposals shall include provisions for nonmotorized access to the shoreline (e.g., pedestrian, water access and bicycle paths).

Proposals for recreational use and development that involve any clearing, grading or impervious surface shall include a landscape plan that uses species approved by the county. Native, self-sustaining vegetation shall be used as often as possible. The removal of on-site native vegetation shall be limited to the minimum necessary for the development of campsites, selected viewpoints or other permitted structures or facilities and shall be subject to JCC § 18.25.310 (Vegetation conservation).

Proposals for recreational development shall include adequate facilities for water supply, sewage and garbage disposal, and recycling commensurate with the intensity of the proposed use. Remotely located sites shall encourage visitors to implement best management practices (BMPs) such as the tread lightly and leave no trace principles of low impact recreation.

Recreational use and development shall incorporate appropriate mitigation to minimize light and noise impacts on adjoining land uses. Such measures shall include, but not be limited to, fencing, screening, and related measures.

(Ord. 7-13 Exh. A (Art. VIII § 7))

§ 18.25.500 Residential.

Policies.

Residential use is not water-dependent but is a preferred use of the shorelines when such development is planned and carried out in a manner that protects shoreline functions and processes to be consistent with the no net loss provisions of this program.

All residential use and development should be planned, designed, located, and operated to avoid adverse impacts on shoreline processes, aquatic habitat, biological functions, water quality and quantity, aesthetics, navigation, and neighboring uses.

All residential use and development should be properly managed to avoid damage to the shoreline environment and prevent cumulative impacts associated with shoreline armoring, overwater structures, stormwater runoff, septic systems, introduction of pollutants, and vegetation clearing.

New residential development should be limited to densities that are consistent with the Jefferson County Comprehensive Plan goals and policies, zoning restrictions, and this program. The density per acre of development should be appropriate to local natural and cultural features.

Low impact development practices and clustering of dwelling units and accessory structures should be implemented as appropriate to preserve natural features, minimize physical impacts and reduce utility and road construction and maintenance costs.

New residential development should be planned and built in a manner that avoids the need for structural shore armoring and flood hazard reduction in accordance with JCC § 18.25.380 (Flood control structures) and 18.25.410 (shoreline stabilization) of this program and other applicable plans and laws.

Residential development should be designed to:

Maintain or improve ecological functions and processes; and

Preserve and enhance native shoreline vegetation; and

Control erosion; and

Protect water quality; and

Preserve shoreline aesthetic characteristics; and

Minimize structural obstructions to public views and normal public use of the shoreline and the water.

Creation of new residential lots through land division should be designed, configured and developed to ensure that no net loss of ecological functions and processes occurs from the plat or subdivision, even when all lots are fully built-out.

Residential developments are encouraged, but not required, to provide public access to the shoreline. New multi-unit residential development, including subdivision of land into more than four parcels, is strongly encouraged to provide public access/open space area equal to at least 30 percent of the total development/subdivision area for use by development residents and the public.

Whenever possible, nonregulatory methods to protect, enhance, and restore shoreline ecological functions should be encouraged for residential development.

Uses and Activities Prohibited Outright.

In-water, overwater or floating residences or accessory dwelling units, including structures located in or on marshes, bogs, swamps, lagoons, tidelands, ecologically sensitive areas or open water areas, are prohibited.

Residential development that can be reasonably expected to require structural shore armoring during the useful life of the structure or within 100 years, whichever is greater, is prohibited.

Residential development within a channel migration zone or floodway that can be reasonably expected to require structural flood protection during the useful life of the structure or within 100 years, whichever is greater, is prohibited.

Land division and boundary line adjustments in shoreline jurisdiction are prohibited when such actions will result in lot configurations that are likely to require:

Significant vegetation removal;

Structural shore armoring;

Shoreline modification for erosion control;

Flood hazard protection; or

Result in a net loss of shoreline ecological functions and processes at the time of development of the subdivision and/or during the useful life of the development or within 100 years, whichever is greater.

Shoreline Environment Regulations.

Priority Aquatic. Residential development is prohibited.

Aquatic. Residential development is prohibited.

Natural. Residential development consisting of one single-family residence per existing legal lot of record may be allowed as a conditional use. Accessory dwelling units shall be prohibited.

Conservancy. Single-family and duplex development may be allowed subject to policies and regulations of this program. All other residential development may be allowed as a conditional use.

Shoreline Residential. Residential development is allowed subject to the policies and regulations of this master program.

High Intensity. Residential development is allowed subject to the policies and regulations of this master program.

Regulations – Primary Residences and Property Subdivision.

Residential use and development shall be planned, designed, located, and operated to avoid adverse impacts on shoreline processes, aquatic habitat, biological functions, water quality, aesthetics, navigation, and neighboring uses.

The buffer requirements in Article VI of this program apply to residences, normal appurtenances, and accessory dwelling units, except that docks, floats, and beach access structures and other water-dependent and water-related structures accessory to residential use may be permitted to encroach into the buffer in accordance with the applicable provisions of this program. Accessory structures must be sited and designed to not require shoreline armoring within 100 years.

Cluster development and appropriate low impact development practices shall be required for development sites constrained by critical areas and/or shoreline buffers.

When zoning regulations allow, proposals for multi-story residential development greater than 35 feet above average grade must include an analysis of how the structure would impact the views of surrounding residents. If the proposed residence would block or significantly compromise the view of a substantial number of residences on adjoining areas, the county shall limit the height to 35 feet, or require design revisions or relocation to prevent the loss of views to neighboring properties.

New multi-unit residential development, including subdivision of land into more than four parcels, shall provide public access/open space for use by development residents and the public. The county may alter the recommended area threshold per constitutional limits or waive this requirement if public access is infeasible due to incompatible uses, safety, impacts to shoreline ecology or legal limitations. The county may require alternatives to on-site physical access if on-site physical access is infeasible for the reasons noted.

As per Article VI of this chapter, new or expanded subdivisions and planned unit developments comprised of four or more lots or units shall provide public access to publicly owned shorelines or public water bodies unless:

The site is designated in a shoreline public access plan for a greater component of public access; or

The public access is demonstrated to be infeasible or inappropriate.

New or amended subdivisions, except those for lot line adjustment and lot consolidation purposes, shall provide public access as required in Article VI of this chapter.

When required for multi-lot/multi-unit residential development, the amount of public access/open space area shall be determined by site analysis per constitutional limits. The county may waive this requirement if public access is infeasible due to incompatible uses, risks to health or safety, impacts to shoreline ecology or legal limitations. In such cases, the county may require alternatives to on-site physical access if on-site physical access is infeasible for the reasons noted.

The type and configuration of public access required for multi-unit/multi-lot residential development shall depend on the proposed use(s) and the following criteria:

Subdivisions within shoreline jurisdiction that have views of water areas shall at a minimum provide an area from which the public can view the shoreline.

Subdivisions adjacent to public waterways or tidelands shall provide physical access to public waters/tidelands that are accessible at low tide or low water.

Regulations – Accessory Structures/Uses.

Accessory dwelling units may be permitted when the primary residential use is allowed pursuant to, and only when, other provisions of this program are met.

Accessory structures and uses such as boating facilities, pedestrian beach access structures, shore armoring and shore stabilization shall be subject to the applicable provisions of Article VII of this chapter.

A single water-dependent boathouse, as defined in Article II of this chapter, accessory to single-family residential development may be allowed with a conditional use permit and in accordance with JCC § 18.25.270(5)(d)(iii) and other provisions of this program.

A shoreline substantial development permit or conditional use permit shall be required for all accessory development that is not considered a normal appurtenance.

(Ord. 7-13 Exh. A (Art. VIII § 8))

§ 18.25.510 Signs.

Policies.

Signs should be located, designed and maintained to be visually compatible with local shoreline scenery as seen from both land and water, especially on shorelines of statewide significance.

Sign location and design should not significantly impair shoreline views.

To avoid continued proliferation of single purpose signs, communities, districts, and/or multi-use or multi-tenant commercial developments are encouraged to erect single, common use gateway signs to identify and give directions to local premises and public facilities.

Signs of a commercial or industrial nature should be limited to those areas or premises to which the sign messages refer.

Off-premises signs (including billboards) should not be located on shorelines except for approved community gateway or directional signs.

Signs near scenic vistas and viewpoints should be restricted in number, location, and height so that enjoyment of these areas is not impaired.

Freestanding signs should be located to avoid blocking scenic views and be located on the landward side of public transportation routes which generally parallel the shoreline.

To minimize negative visual impacts and obstructions to shoreline access and use, low profile, on-premises wall signs are strongly preferred over freestanding signs or off-premises wall signs.

Signs should be designed mainly to identify the premises and nature of enterprise without unduly distracting uninterested passersby.

Shoreline Environment Regulations.

Priority Aquatic. Only wall signs and low profile freestanding signs under 30 inches in height for water-dependent uses may be allowed subject to the use and development regulations of the abutting upland shoreline environment designation. No one premises may maintain more than two signs in a priority aquatic shoreline area.

Aquatic. Only wall signs and low profile freestanding signs under 30 inches in height for water-dependent uses may be allowed subject to the use and development regulations of the abutting upland shoreline environment designation. No one premises may maintain more than two signs in an aquatic shoreline area.

Natural. Sign development is prohibited, except for trail marking, hazard warnings, or interpretive scientific or educational purposes and personal signs. Such allowed signs shall be limited in size and number to those required to effect their purpose.

Conservancy. Signs may be permitted subject to the policies and regulations of this master program.

Shoreline Residential. Signs may be allowed subject to the policies and regulations of this master program.

High Intensity. Signs may be allowed subject to the policies and regulations of this master program.

Regulations.

Signs shall comply with JCC § 18.30.150 and exemptions listed there also apply in this program.

Plans and designs for non-exempt signs must be submitted for review at the time of shoreline permit application.

All signs shall be located and designed to minimize interference with vistas, viewpoints, and visual access to the shoreline.

Overwater signs or signs on floats or pilings shall be prohibited, except when related to navigation or a water-dependent use.

Illuminated signs shall be hooded, shaded, or directed so as to eliminate glare when viewed from surrounding properties or watercourses.

No signs shall be placed in view corridors required as a condition of permit approval under this master program.

The following types of signs may be permitted, subject to the provisions contained within this section:

Water navigational signs and highway and railroad signs necessary for operation, safety and direction;

Public information/interpretive signs directly relating to a shoreline resource, use or activity;

Off-premises, free signs for community identification, information, or directional purposes;

Signs with changing messages; provided, that the information displayed is limited to time, temperature or date or public noncommercial messages;

National, state or institutional flags or temporary decorations customary for special holidays and similar events of a public nature; and

Temporary directional signs to public or quasi-public events if removed within 10 days following the event.

The following types of signs are prohibited:

Signs that impair visual access through view corridors;

Off-premises, detached outdoor advertising signs;

Signs that incorporate spinners, streamers, pennants, flashing or blinking lights and moving devices, except for public highway and railroad signs;

Signs placed on trees or other natural features; and

Commercial signs for products, services or facilities located off site.

(Ord. 7-13 Exh. A (Art. VIII § 9))

§ 18.25.520 Transportation.

Policies.

Major new roads, railroads and parking areas should be located outside of the shoreline jurisdiction whenever feasible.

Maintenance and repair of existing roads in shoreline jurisdiction shall use all reasonable methods to minimize adverse impacts on nearby shorelines.

Road and railroad locations should be planned to fit the topographical characteristics of the shoreline to minimize alterations to natural shoreline conditions.

New transportation facilities should be designed and located to minimize the need for the following:

Structural shoreline protection measures;

Modifications to natural drainage systems; and

Waterway crossings.

Planning for transportation and circulation corridors shall consider location of public access facilities, and be designed to promote safe and convenient access to those facilities.

Pedestrian trails and bicycle paths along shorelines are encouraged where they are compatible with the natural character, resources, and ecology of the shoreline.

When transportation corridors are necessary within shoreline jurisdiction, joint-use corridors are preferred and encouraged for roads, utilities, and motorized forms of transportation/circulation.

Parking in shoreline areas should be limited to that which directly serves a permitted shoreline use.

Parking facilities should be located and designed to minimize adverse environmental impacts to the following, including, but not limited to:

Stormwater runoff;

Water quality;

Visual qualities;

Public access; and

Vegetation and habitat.

Parking areas should be planned to achieve optimum use. Where feasible, parking areas should serve more than one use (e.g., recreational use on weekends, commercial use on weekdays).

Transportation facilities should employ pervious materials and other appropriate low impact development techniques where soils and geologic conditions are suitable and where such measures could measurably reduce stormwater runoff.

Uses and Activities Prohibited Outright.

Parking as a primary use shall be prohibited within shoreline jurisdiction.

Parking is prohibited on structures located in or over water.

Shoreline Environment Regulations.

Priority Aquatic. Transportation facilities that provide access to water-dependent or water-related uses may be allowed as a conditional use subject to the use and development regulations of the abutting upland shoreline environment designation. New or expanded stream crossings serving non-water-dependent or non-water-related uses may be allowed as a conditional use subject to the use and development regulations of the abutting upland shoreline environment designation.

Aquatic. Transportation facilities that provide access to water-dependent or water-related uses may be allowed as a conditional use subject to the use and development regulations of the abutting upland shoreline environment designation. New or expanded stream crossings for non-water-dependent or non-water-related uses may be allowed as a conditional use subject to the use and development regulations of the abutting upland shoreline environment designation.

Natural. Transportation facilities are prohibited, except to access approved public recreational development.

Conservancy. Transportation facilities may be allowed subject to policies and regulations of this program. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, may be allowed as a conditional use, provided there is no feasible location outside of the shoreline.

Shoreline Residential. Transportation facilities may be allowed subject to policies and regulations of this program. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, may be allowed as a conditional use, provided there is no feasible location outside of the shoreline.

High Intensity. Transportation facilities may be allowed subject to policies and regulations of this program. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, may be allowed as a conditional use, provided there is no feasible location outside of the shoreline.

Regulations – Design and Operation.

New transportation facilities in shoreline jurisdiction shall be located to be as far away from shoreline features as possible and shall be designed to generally follow natural topography, to minimize cuts and/or fills, and to avoid adverse impacts to shoreline ecological functions and processes, including channel migration zones (CMZs). Wherever roads or railway embankments cross waterways including remnant stream channels and oxbow bends, crossings of ample cross-section shall be provided to span the feature.

Raised arterial roads or railways shall be built outside the floodway except for necessary crossings. If built in the floodplain, such routes shall be designed to avoid obstructing floodwaters. Any parking areas required along such roads shall be located to prevent or minimize the need for flood control or shoreline armoring. Local access roads in floodplains shall be built so that floodwaters are not obstructed nor diverted.

Transportation facilities shall be designed so that no significant loss of floodway capacity nor measurable increase in predictable flood levels will result. Such facilities shall avoid placing structures within the channel migration zone or any dynamic, shifting channel area.

In instances where water crossing is required, roads shall cross shoreline areas and water bodies by the shortest, most direct route feasible unless such route would cause more damage to the environment.

When an in-water or overwater development or structure is required for construction, operation or maintenance of transportation facilities, it shall meet all provisions of this section and this program.

Bridge supports and abutments shall be designed and spaced so they do not act as walls baffling or blocking flood waters, or interrupting stream channel processes or littoral drift.

Bridges and culverts shall be used in accordance with WDFW guidance to protect shoreline ecological functions and processes. Transportation crossings over ordinary high water in floodways shall be constructed on open piling, support piers, culverts, or other similar measures to preserve hydraulic processes.

Parking facilities shall only be permitted in shoreline jurisdiction to support an authorized use where it can be demonstrated that there are no feasible alternative locations away from the shoreline.

Transportation facilities shall be constructed of materials that will not adversely affect water quality or aquatic plants and animals over the long term. Elements within or over water shall be constructed of materials approved by applicable state agencies for use in water for both submerged portions and other components to avoid discharge of pollutants from splash, rain or runoff. Wood or pilings treated with creosote, pentachlorophenol or other similarly toxic materials are prohibited. Preferred materials are concrete and steel.

Transportation development shall be carried out in a manner that maintains or improves state water quality standards for affected waters.

Pervious materials and low impact development techniques shall be used to manage stormwater runoff where feasible and where conditions are appropriate.

(l)

Non-emergency construction and repair work shall be scheduled for that time of year when seasonal conditions (weather, streamflow) permit optimum feasible protection of shoreline ecological functions and processes.

(m)

Transportation shall be required to make joint use of rights-of-way and to consolidate crossings of water bodies where adverse impact to the shoreline can be minimized by doing so.

(n)

Roads and railroads shall be located to minimize the need for routing surface waters into and through culverts.

Regulations – Parking.

Parking shall only be permitted in shoreline jurisdiction when necessary to support an authorized use where it can be demonstrated that there are no feasible alternative locations away from the shoreline. Parking facilities shall be buffered from the water's edge and less intense adjacent land uses by vegetation, undeveloped space, or structures developed for the authorized primary use to the maximum practicable extent.

Parking areas shall be developed using low impact development techniques whenever possible including but not limited to the use of permeable surfacing materials.

Parking facilities shall be designed and located to minimize adverse impacts upon abutting properties. Landscaping shall consist of county-approved vegetation species planted prior to completion of the parking area. Landscape plantings shall be selected, planted and maintained to provide effective screening within three years of project completion and through maturity of the species.

Parking facilities serving individual buildings shall be located landward of the principal building being served, except when the parking facility is located within or beneath the structure and is adequately screened, or in cases when an alternate location would have less environmental impact on the shoreline.

Parking facilities for shoreline uses shall be designed to provide safe and convenient pedestrian circulation within the parking area and to the shorelines.

Parking facilities shall be provided with facilities adequate to prevent surface water runoff from contaminating water bodies, using best available technologies. A parking facility maintenance program shall be required to assure the proper functioning of drainage facilities over time.

(Ord. 7-13 Exh. A (Art. VIII § 10))

§ 18.25.530 Utilities.

Policies.

New public or private utilities should be located inland from the land/water interface, preferably outside of the shoreline, unless:

The utility requires a location adjacent to the water; or

Alternative locations are infeasible; or

Utilities are required for permitted shoreline uses consistent with this program.

Utilities should be located and designed to avoid public recreation and public access areas and significant historic, archaeological, cultural, scientific or educational resources.

Pipeline and cable development should be designed and sited to avoid crossing aquatic lands. If a water crossing is unavoidable, it should be located in an area that will cause the least adverse ecological impact, be installed using the methods that minimize adverse impacts, and be the shortest length feasible.

Utility facilities of all kinds that would require periodic maintenance activities should avoid shoreline locations to prevent disruption of shoreline ecological functions.

New utilities should use existing transportation and utility sites, rights-of-way and corridors, rather than creating new corridors.

New utility installations should be planned, designed and located to eliminate the need for structural shoreline armoring or flood hazard reduction measures.

Utility facilities and corridors should be planned, designed and located to protect scenic views. Where feasible, conveyance utilities should be placed underground or alongside or under bridges, unless doing so would cause greater ecological impact or harm.

Power generating facilities and other utilities using emerging technologies such as tidal energy generators should be carefully evaluated to ensure that the potential impacts are fully understood. Before approving such facilities, the county should consider whether the benefits to the public outweigh the potential impacts. The county should ensure such facilities are designed and located to protect ecological functions and shoreline resources.

Shoreline Environment Regulations.

Priority Aquatic.

Submarine electrical and communications cables, water lines, sewer lines, fuel pipelines, sewer outfalls, overwater public utility lines consisting of local distribution lines, water intakes, and desalinization facility intakes/outfalls may be allowed as conditional uses subject to policies and regulations of this program and subject to the use and development regulations of the abutting upland shoreline environment designation.

All other utility development is prohibited.

Aquatic.

Submarine water and sewer lines, fuel pipelines, and sewer outfalls may be allowed as conditional uses subject to the use and development regulations of the abutting upland shoreline environment designation.

Tidal generating facilities may be allowed as a conditional use.

All other utility development is prohibited.

Natural.

Utility development is prohibited.

Maintenance of existing utilities is allowed; provided, that the operator makes every effort to protect shoreline ecological functions and the natural features therein. Removal of existing utilities is preferred over time.

Utilities accessory to and serving permitted uses are allowed.

Conservancy. Utility development consisting of local distribution facilities is allowed subject to policies and regulations of this program. The following may be allowed as a conditional use, provided there is no feasible location outside shoreline jurisdiction: sewage outfalls and treatment plants, overwater communication or power lines, fuel pipelines, and other types of hazardous material pipelines, regional facilities, including transmission facilities serving customers outside of Jefferson County, desalinization facilities, and power generating facilities. Freestanding communication towers are prohibited.

Shoreline Residential. Utility development consisting of local distribution facilities is allowed subject to policies and regulations of this program. The following may be allowed as a conditional use, provided there is no feasible location outside shoreline jurisdiction: regional facilities, including transmission facilities serving customers outside of Jefferson County, desalinization facilities, and power generating facilities.

High Intensity. Utility development consisting of local distribution facilities is allowed subject to policies and regulations of this program. The following may be allowed as a conditional use, provided there is no feasible location outside shoreline jurisdiction: regional facilities, including transmission facilities serving customers outside of Jefferson County, desalinization facilities, and power generating facilities.

Regulations – General.

All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially injurious to water quality are prohibited, except in situations where no other feasible alternative exists. In those limited instances when permitted, automatic shut-off valves shall be provided on both sides of the water body, and pipe sleeves shall be used to facilitate repair without future encroachment on surface waters and wetlands, unless more feasible or technically superior alternatives exist that provide equivalent protection, as deemed by the administrator.

Utilities that are not water-dependent shall be located outside shoreline buffers unless it is demonstrated that alternative locations and alternative technology are infeasible.

The construction, operation and maintenance of utilities shall not cause a net loss of shoreline ecological functions or processes or adversely impact other shoreline resources and values.

The following information shall be required for all proposals for utility facilities:

A description of the proposed facilities; and

The rationale and justification for siting the proposed facility within shoreline jurisdiction; and

A discussion of alternative locations considered and reasons for their elimination; and

A description of the location of other utility facilities in the vicinity of the proposed project and any plans to include facilities or other types of utilities in the project; and

A plan for the reclamation of areas disturbed both during construction and following decommissioning and/or completion of the useful life of the facility; and

A plan for the control of erosion and turbidity during construction and operation; and

An analysis of alternative technologies; and

Documentation that utilities avoid public recreation areas and significant natural, historic or archaeological or cultural sites or that no alternative is feasible and that all feasible measures to reduce harm have been incorporated into the proposal.

When feasible, utility lines shall use existing rights-of-way, corridors and/or bridge crossings and shall avoid duplication and construction of new or parallel corridors in all shoreline areas.

Utility facilities shall be constructed using techniques that minimize the need for shoreline fill. When crossing water bodies, pipelines and other utility facilities shall use pier or open pile construction.

Vegetation clearing during utility installation or maintenance shall be minimized, and disturbed areas shall be restored or enhanced following project completion consistent with the requirements of this program.

Regulations – Water Systems.

Components of water systems that are not water-dependent shall be located away from the shoreline. Private and public intake facilities should be located where there will be no net loss in ecological functions or adverse impacts upon shoreline resources, values, natural features, or other users.

Desalinization facilities shall be located outside of critical areas and landward of shoreline buffers, except for water-dependent components such as water intakes.

Regulations – Essential Public Facilities.

Essential public facilities shall be located, developed, managed, and maintained in a manner that protects shoreline ecological functions and processes.

Essential public facilities shall be designed to enhance shoreline public access and aesthetics.

Essential public facilities shall be located outside of shoreline jurisdiction unless they require a waterfront location or unless there is no feasible alternative.

Regulations – Sewage Systems.

Outfall pipelines and diffusers are water-dependent but shall be located to minimize adverse effects on shoreline ecological functions and processes or adverse impacts upon shoreline resources and values.

Septic tanks and drain fields are prohibited where public sewer is readily available.

(7)

Regulations – Solid Waste Facilities.

Facilities for processing and storage and disposal of solid waste are not normally water-dependent. Components that are not water-dependent shall not be permitted on shorelines.

Disposal of solid waste on shorelines or in water bodies has potential for severe adverse effects upon ecological processes and functions, property values, public health, natural resources, and local aesthetic values, and shall not be permitted.

Temporary storage of solid waste in suitable receptacles is permitted as accessory to a permitted primary use or for litter control.

(8)

Regulations – Oil, Gas and Natural Gas Transmission.

Oil, gas and natural gas transmission and distribution pipelines and related facilities shall not be located in shoreline areas unless alternatives are demonstrated to be infeasible.

Local natural gas service lines shall not be located in shoreline areas unless serving approved shoreline uses. Crossings of shorelines shall not be approved unless alternatives are demonstrated to be infeasible.

Developers and operators of pipelines and related facilities for gas and oil shall be required to demonstrate adequate provisions for preventing spills or leaks, as well as established procedures for mitigating damages from spills or other malfunctions and shall demonstrate that periodic maintenance will not disrupt shoreline ecological functions.

(9)

Regulations – Electrical Energy and Communication Systems.

Systems components (including substations, towers, and transmission and distribution lines) that are not water-dependent shall not be located on shorelines unless alternatives are infeasible.