Critical Areas Ordinance Workshop March 21, 2007 Jill Silver Amy Hiatt George Yount

Overview Background Background Process Process Timelines Timelines

Overview… Background Background Legislative Legislative Shoreline Management Act 1971 Shoreline Management Act 1971 Growth Management Act1990 Growth Management Act1990 Forest Practices Act1974, 1987, 1999 Forest Practices Act1974, 1987, 1999 Best Available Science1995 Best Available Science1995 Guidance Guidance Department of Community Trade and Economic Development Department of Community Trade and Economic Development Washington Department of Ecology Washington Department of Ecology

Overview… Process Process Updates Updates Every 7 years Every 7 years Timeline for 2007 Timeline for 2007 May - October May - October

Rule Defined Critical Areas Wetlands Wetlands Fish and Wildlife Habitat Conservation Areas Fish and Wildlife Habitat Conservation Areas Critical Aquifer Recharge Zones Critical Aquifer Recharge Zones Geologic Hazard Zones Geologic Hazard Zones Floodprone Zones Floodprone Zones

Critical Areas Mandate Critical Areas regulations are to overlay all other land uses, including designated natural resource lands and designated urban growth areas, and are to preclude land uses and developments that are incompatible with the protection of critical areas. [WAC ] Critical Areas regulations are to overlay all other land uses, including designated natural resource lands and designated urban growth areas, and are to preclude land uses and developments that are incompatible with the protection of critical areas. [WAC ] All lands are designated in one of three categories: urban, natural resource land, or rural land. All lands are designated in one of three categories: urban, natural resource land, or rural land.

Fundamental Building Blocks of Land-Use Planning Under GMA Urban Land (i.e. within a designated urban growth area) Urban Land (i.e. within a designated urban growth area) Natural Resource Land (i.e. designated as agricultural, forest, or mineral resource land) Natural Resource Land (i.e. designated as agricultural, forest, or mineral resource land) Rural land (which may include limited areas of more intense rural development and a variety of land uses.) Rural land (which may include limited areas of more intense rural development and a variety of land uses.) As long as critical areas are protected, other non- critical portions of land can be developed as appropriate under the applicable land-use designation and zoning requirements. As long as critical areas are protected, other non- critical portions of land can be developed as appropriate under the applicable land-use designation and zoning requirements.

Best Available Science RCW 36.70A.172(1) requires all local governments to include the best available science when adopting development regulations to designate and protect critical areas. RCW 36.70A.172(1) requires all local governments to include the best available science when adopting development regulations to designate and protect critical areas. …give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. …give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. A local government cannot ignore the BAS in favor of the science it prefers simply because the latter supports the decision it wants to make. A local government cannot ignore the BAS in favor of the science it prefers simply because the latter supports the decision it wants to make.

CAO Recommendations Administration of CAO Administration of CAO Clear, well-organized – Stands alone Clear, well-organized – Stands alone Buffers Buffers Flexible, predictable, based on science Flexible, predictable, based on science Agriculture Agriculture Wetlands Wetlands Fish and Wildlife Habitat Conservation Areas Fish and Wildlife Habitat Conservation Areas Critical Aquifer Recharge Areas Critical Aquifer Recharge Areas Geologic Hazard Zones Geologic Hazard Zones Floodprone Zones Floodprone Zones

Land-Use Impact Levels Used to determine buffer requirements Used to determine buffer requirements Types of land-use that can result in high, moderate, or low levels of impact to adjacent wetlands, and fish and wildlife habitat conservation areas (FWHCAs). Types of land-use that can result in high, moderate, or low levels of impact to adjacent wetlands, and fish and wildlife habitat conservation areas (FWHCAs).

High Impact Land-Uses: High-intensity agricultural activities (see Definitions); High-intensity agricultural activities (see Definitions); Single-family residential use on parcels smaller than 1 acre; Single-family residential use on parcels smaller than 1 acre; Commercial, industrial, and institutional uses on lands designated as Rural Commercial, Rural Industrial, Public, or UGA; Commercial, industrial, and institutional uses on lands designated as Rural Commercial, Rural Industrial, Public, or UGA; Public roads; Public roads; Active recreation areas (see Definitions); Active recreation areas (see Definitions); Class IV-General forest conversions, including conversion option harvest plans, on lands not designated as Resource Lands or Rural Residential. Class IV-General forest conversions, including conversion option harvest plans, on lands not designated as Resource Lands or Rural Residential.

Medium Impact Land-Uses: Medium-intensity agricultural activities (see Definitions); Medium-intensity agricultural activities (see Definitions); Single-family residential use on parcels of 1 acre to less than 5 acres; Single-family residential use on parcels of 1 acre to less than 5 acres; Single-family residential use on parcels of 5 acres or larger with agricultural activities, landscaping, and impervious surfaces exceeding the limitations for Low Impact Land- Uses (see Definitions); Single-family residential use on parcels of 5 acres or larger with agricultural activities, landscaping, and impervious surfaces exceeding the limitations for Low Impact Land- Uses (see Definitions); Private roads or driveways serving 3 or more residential parcels; Private roads or driveways serving 3 or more residential parcels; Paved trails; Paved trails; Passive recreation areas (see Definitions); Passive recreation areas (see Definitions); Utility corridors (private or public) with a maintenance road; Utility corridors (private or public) with a maintenance road; Class IV-General forest conversions, including conversion option harvest plans, on lands designated as Resource Lands or Rural Residential. Class IV-General forest conversions, including conversion option harvest plans, on lands designated as Resource Lands or Rural Residential.

Low Impact Land-Uses: Low-intensity agricultural activities (see Definitions); Low-intensity agricultural activities (see Definitions); Single-family residential use on parcels of 5 acres or larger with agricultural activities, landscaping, and impervious surfaces not exceeding the limitations for Low Impact Land-Uses (see Definitions); Single-family residential use on parcels of 5 acres or larger with agricultural activities, landscaping, and impervious surfaces not exceeding the limitations for Low Impact Land-Uses (see Definitions); Private driveways serving no more than 2 residential parcels; Private driveways serving no more than 2 residential parcels; Unpaved trails; Unpaved trails; Utility corridors (private or public) without a maintenance road; Utility corridors (private or public) without a maintenance road; Class I, II, III, and IV-Special forest practices on lands of any Comprehensive Plan land-use designation except Urban Growth Area; Class I, II, III, and IV-Special forest practices on lands of any Comprehensive Plan land-use designation except Urban Growth Area; Class IV-General non-conversion forest practices (equal to Class I, II, III, and IV-Special forest practices) conducted on lands platted after January 1, 1960 and of any Comprehensive Plan land-use designation except UGA. Class IV-General non-conversion forest practices (equal to Class I, II, III, and IV-Special forest practices) conducted on lands platted after January 1, 1960 and of any Comprehensive Plan land-use designation except UGA.

Agriculture WEC Settlement Agreement WEC Settlement Agreement Existing and Ongoing vs. New Agriculture Existing and Ongoing vs. New Agriculture Lands of long-term commercial significance Lands of long-term commercial significance Rural Residential Agricultural Activities Rural Residential Agricultural Activities Exemption vs. Alternative Regulation Exemption vs. Alternative Regulation Farm Plans, BMPs, and Monitoring Farm Plans, BMPs, and Monitoring Adaptive Management and Enforcement Adaptive Management and Enforcement

Wetlands RECOMMENDATIONS BASED ON: Wetlands Functions Wetlands Functions DOE Best Available Science Volumes I & II DOE Best Available Science Volumes I & II Wetlands in Washington State: A Synthesis of the Science Wetlands in Washington State: A Synthesis of the Science DOE Wetland Rating System DOE Wetland Rating System Moderate Risk Strategy Moderate Risk Strategy Issue: Who rates and delineates? By what method? Issue: Who rates and delineates? By what method?

Wetland Buffer Recommendations The following tables contain the prescribed buffer widths for each combination of factors, established in accordance with the Department of Ecology's Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing Wetlands (Publication # ). The following tables contain the prescribed buffer widths for each combination of factors, established in accordance with the Department of Ecology's Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing Wetlands (Publication # ).

1. For wetlands that have a habitat function score of twenty nine (29) points or more on the wetland rating form, the prescribed buffers shall be as follows: Wetland Category High Impact Medium Impact Low Impact Prescribed Buffer Width (feet) Category I Category II Category III Definitions for high, medium and low impact land-use are provided in Appendix B.

2.For wetlands that have a habitat function score of twenty to twenty eight (20-28) points on the wetland rating form, the prescribed buffers shall be as follows: Wetland Category High Impact Medium Impact Low Impact Prescribed Buffer Width (feet) Category I Category II Category III Category IV Definitions for high, medium and low impact land-use are provided in Appendix B.

3.For wetlands that have a habitat function score of nineteen (19) points or less on the wetland rating form, the prescribed buffers shall be as follows: Wetland Category High Impact Medium Impact Low Impact Prescribed Buffer Width (feet) Category I Category II Category III Category IV Definitions for high, medium and low impact land-use are provided in Appendix B.

Fish and Wildlife Habitat Conservation Areas Channel Migration Zones Channel Migration Zones Rivers and Streams Rivers and Streams Lakes and Ponds Lakes and Ponds Marine Shorelines Marine Shorelines Wildlife Corridors Wildlife Corridors Regulatory Overlap Regulatory Overlap

Channel Migration Zones Contain all five rule-defined Critical Areas Contain all five rule-defined Critical Areas Very high habitat value Very high habitat value Very high risk for development Very high risk for development Human health and safety issues Human health and safety issues CAO regulations must be met or exceeded in SMP CAO regulations must be met or exceeded in SMP Jefferson County is unique in having large functional CMZs Jefferson County is unique in having large functional CMZs

Banks prone to landsliding (i.e., mass wasting) are part of CMZs Lower Elwha River Courtesy of Department of Ecology

Rivers and Streams Buffer widths based on BAS from years of negotiations in forestlands and in CAOs Buffer widths based on BAS from years of negotiations in forestlands and in CAOs Vegetation Management Standards Vegetation Management Standards Applies to all critical areas Applies to all critical areas Hazard Trees Hazard Trees Noxious Weeds Noxious Weeds View Corridors View Corridors Existing Development or Landscaping Existing Development or Landscaping

FWHCA Buffer Recommendations CMZs100 – 200 feet from edge of CMZ CMZs100 – 200 feet from edge of CMZ Shorelines150 feet from OHWM Shorelines150 feet from OHWM Fish-bearing150 feet from OHWM Fish-bearing150 feet from OHWM Non-fish, Perennial100 feet from OHWM Non-fish, Perennial100 feet from OHWM Non-fish, Seasonal feet from OHWM Non-fish, Seasonal feet from OHWM Lakes > 20 acres Lakes > 20 acres Lakes < 20 acres Lakes < 20 acres Marine Shorelines (under development) Marine Shorelines (under development)

Forestry and Conversions WAC 222 Forest Practices Rules WAC 222 Forest Practices Rules FP rules were developed for lands expected to remain in forestry, with gravel roads FP rules were developed for lands expected to remain in forestry, with gravel roads FP rules apply to zoned forestlands and rural residential lands, less than 5K bf per year FP rules apply to zoned forestlands and rural residential lands, less than 5K bf per year CAO applies to: CAO applies to: UGAs – Quilcene, Brinnon, Port Hadlock UGAs – Quilcene, Brinnon, Port Hadlock Conversions – loopholes re: buffers Conversions – loopholes re: buffers NEEDS WORK! NEEDS WORK!

CAO Implementation Resources Mapping Mapping Current Gaps Current Gaps Need LiDAR Need LiDAR Inventory and Characterization Needs Inventory and Characterization Needs Wetland Inventory (i.e. Adamus) Wetland Inventory (i.e. Adamus) Wildlife Corridors (i.e. JLT Quimper) Wildlife Corridors (i.e. JLT Quimper) Critical Areas (i.e. streams, wetlands) Critical Areas (i.e. streams, wetlands)

Education and Resources Washington State University Washington State University Conservation District Conservation District NGOs – NOSC, JLT, NWWI NGOs – NOSC, JLT, NWWI State Agencies – WDFW, WDNR, WDOE State Agencies – WDFW, WDNR, WDOE Watershed Stewardship and Resource Center Watershed Stewardship and Resource Center Web-based Resources and Information Web-based Resources and Information

Monitoring DOE DOE Conservation District Conservation District County Staff County Staff Tribes Tribes NGOs NGOs Streamkeepers (?) Streamkeepers (?)