[From the U.S. Government Printing Office, www.gpo.gov]








 Shellfish Protection
         Through

Land Use Management

            DRAFT













              ECOLOGY
               June 1992
                92-44
         ~,~   Printed on recycled paper    8





























































The preparation of this document was financially aided through a grant to the Washington
Department of Ecology with funds obtained from the National Oceanic and Atmospheric
Administration, and appropriated for Section 306 of the Coastal Zone Management Act of 1972.















      SHELLFISH PROTECTION
       THROUGH LAND USE
           MANAGEMENT










           U. S. DEPARTMENT OF COMMERCE NOAA
          COASTAL SERVICES CENTER
          2234 SOUTiH iO&SON AVENUE
          CHARLESTON SC 29405-2413





          rX
            Property of CSC  Lbraw



       Prepared By: William W. Campbell
Shorelands and Coastal Zone Management Program
           Shellfish Protection Unit










                       Acknowledgements



Special recognition goes to David Campbell for his work on a previous
document (Rural Residential Development and Water Quality: An Overview of
Management Options to Protect Water Quality, January 3, 1989), much of which
is contained in this document.

The Department would like to acknowledge the following individuals who
participated in the editing and revision process of this document:


Vicki Colgan (ECY)                    Tim Determan (ECY-Shellfish)
Stuart Glasoe (PSWQA)                 Jeanene Hill (ECY-Shellfish)
Linda Hofstad (Thurston County)       Eric Huart (DCD)
Bruce Smith (ECY-Wetlands)            Don Melvin (DOH)
Mikel McCormick (ECY-Shellfish)       Kathy Minsch (PSWQA)
Steve Morrison (Thurston County)      Helen Pressley (ECY-Stormwater)
Debby Sargeant (ECY-Shellfish)        Bob Saunders (ECY-Shellfish)
Peter Skowland (ECY-Management)    Mark Soltman (DOH)
Derry Suther (DOH)                    Mary Lou Taylor (ECY-Shellfish)









                 SHELLFISH PROTECTION
           THROUGH LAND USE MANAGEMENT
                      Table of Contents


         Acknowledgments
         Contents

         Purpose.....................                                  5

Section I. Growth Management.................6
              General...................                             6
              The Growth Management Act Requirements ......6
              Shellfish Protection Under Growth Management....       8
                   * Critical Areas - Defined..........             8
                   * Critical Area - Designation.........           8
              Development Regulation in Critical Areas.......10
              Shoreline Management .............16
                   * Water Dependent Uses..........16

Section 11. Water Quality and Shellfish ..............18
              Characteristics of Runoff.............18
              The Shellfish Resource .............19
              Pollution Problems Relating To Shellfish .......19
              What is Being Done?..............24

Section 111.  Protecting Water Quality Through Land Management.....25
              Density and Use................25
                   * Use Designations............25
                   * Density Regulation ...........27
              Environmental Areas or Overlay Zones........29
              Development and Conservation Zones........30
              Urban Growth Boundaries ............33
              Transfer of Development Rights ..........34
              Clustering and Density Bonuses..........35
              Buffers and Setbacks..............36
              Performance Approaches ............38
              Critical Shellfish Area Recommendations......39








Section IV. Protecting Water Quality Though Best Management
             Practices ................................................ 40
                    Agriculture  . ................................ 41
                    On-Site Sewage Systems ......................             42
                          *  Pressure Distribution Systems ............      42
                          * Mound Systems ......................             43
                          *  Sand Filters .........................          43
                          *  On-Site Examples .....................          45
                    Urban Stormwater Runoff ......................            46
                          *  Source Control  ......................          46
                          *  Pond Systems .......................            46
                          *  Biofiltration  .........................        47
                          *  Infiltration  .........................         47
                    Runoff in Developing Areas .....................          47
                          *  District Classification ...................     47
                          *  Environmental Reserves ................47
                          *  Site Design .........................           49
                          *  Miscellaneous .......................           49
                    Clearing and Grading (Erosion) ..................         50
                   The Stormwater Management Manual .............. 52
                    Marinas ...................................53
                          *  Siting  .............................           53
                          *  Design  ........4...................54
                          * Operation  ..........................            55
                          * Local Review ........................56
                   Critical Shellfish Area Recommendations .........57

Section V. Funding .             . .................................. 58
                   *  Shellfish Protection Districts .................     . 58
                   *  Grants / Loans ...........................             58
                   *  Financial Assistance Telephone Numbers    .......      60

             References

            Appendices
                   ï¿½ Appendix 1- Pierce County On-Site Sewage Disposal Extracts.
                   ï¿½ Appendix 2- Thurston County (TC) Article IV Extracts.
                   ï¿½ Appendix 3- TC Civil Infraction Process.
                   ï¿½ Appendix 4- DRAFT TC Nonpoint Source Ordinance.
                   ï¿½ Appendix 5- TC Zoning Ordinance - Extracts.
                   ï¿½ Appendix 6- Rural Environment Ordinance.
                   ï¿½ Appendix 7- Pierce County Environmental Regulations.
                   ï¿½ Appendix 8- DRAFT TC Proposals for Rural Zoning.
                   ï¿½ Appendix 9- Ecology's Wetland Model Ordinance.
                   * Appendix 10-Island County Zoning Ordinance (Extracts)
                   * Appendix 11-Agricultural Best Management Practices.



















                                PURPOSE


The Growth Management Act and 365-190 WAC Identify shellfish tidelands
and bedlands as critical areas. This document is designed to help local
governments more precisely define shellfish resources and establish
policies and programs capable of protecting them.

Effective tools which can achieve regional goals and objectives related to
shellfish and nonpoint source pollution are presented in this document for
possible inclusion into local ordinances.

The Department of Ecology recognizes that local authorities are the
experts on land-use planning. We can offer technical assistance to
counties and cities on impacts to shellfish and standards and practices
needed to eliminate the impacts. Please contact the Shoreland's Shellfish
Protection Unit in Olympia at (206)459-6778 or scan 585-6778 if you have
any questions.
















                                   -5-









SECTION I

                       Growth Management


General

The Growth Management Act (GMVA), or Substitute House Bill (ESHB) 2929,
was passed in 1990 to address growth-related problems and preserve the
quality of life in Washington. It mandates coordinated and comprehensive
planning at the local government level. Some amendments were made in 1991
(Re-ESHB 1025).

The GMVA requires cities and counties in desi gnated rapid-growth areas to plan
in accordance with statewide goals. Other jurisdictions, not required to
participate, were given the opportunity to elect to do so. Once a jurisdiction
opts in, the GMA requires full compliance.

One of the emphases of the GMA is the protection and conservation of
resource lands and critical areas. Planning must be coordinated with
surrounding jurisdictions, to provide consistency in land and transportation
plans. Local governments develop their own long range growth plans, ensuring
that local needs will be met.

The Growth Management Act requires the following from counties and
cities in the State of Washinaton:

      I     Interim classification and designation of natural resource lands and
            critical areas must be done by September 1, 1991 (extended to
             March 1, 1992).

             Natural resource lands are agricultural, forest and mineral
            resource lands which have long-term commercial significance.

            "Critical Areas" include the following areas and
            ecosystems: (a) Wetlands; (b) areas with a critical
            recharging effect on aquifers used for potable water; (c) fish
            and wildlife habitat conservation areas; (d) frequently
            flooded areas; and (e) geologically hazardous areas [ESHB
            2929].








      2     Cities and counties with comprehensive plans must make
            their development regulations (zoning, subdivision, and
             other controls) consistent with their comprehensive plans.
      3     As of July 1, 1990, approval of short plats and subdivisions
            will be given only if it has been determined adequate
             services exist and provisions have been made to protect
             public safety.
      4     .As of July 1, 1990, all building permit applicants must prove
             that adequate potable water exists for the intended use(s).

The following requirements apply to all raoidlv develoDina counties and
cities or those that chose to meet GMA reauirements.

      1     Interim plans for designation and protection of natural
             resource lands and critical areas must be in place by
             September 1, 1991 (extended to March 1, 1992).
      2     Urban growth areas must be designated by July 1, 1991.
             No annexation can take place outside the urban growth
             boundaries once established.
      3     Comprehensive plans must include the following elements:

             ï¿½ Land Use                            ï¿½  Housing
             ï¿½ Capitol Facilities                  ï¿½  Utilities
             ï¿½ Transportation
             R Rural Land Use (Counties only)

      4     Comprehensive plans containing the required elements
             must be completed by July 1993. Final designations for
             critical and urban growth areas must be included.
      5     One year following the submission of the final
             comprehensive plan (1994), local development regulations
             (zoning, subdivision, and other controls) must be consistent
             with the comprehensive plan.
      6     Planning between neighboring jurisdictions must be
             coordinated.
      7     Neighboring counties and cities must jointly identify lands
             that may be useful for public purposes (i.e. schools,
             landfills, sewage treatment plants).

In addition, Section 9 of the Growth Management Act states that comprehensive
plans should provide for the use of innovative techniques. These may include,
but are not limited to, density bonuses, cluster housing, planned unit
developments, and transfer of development rights. Each of these techniques
will be briefly discussed in Section III of this document.

                                      -7-








Shellfish Protection Under Growth Manaaement

The GMA is fairly clear on the purpose for designating areas of critical
importance, but does not give detailed information to local planners on what
should be considered while designating critical shellfish areas. Chapter WAC
365-190-80 does give very specific items to consider and reads as follows:

      All public and private tidelands or bedlands suitable for shellfish
      harvest shall be classified as critical areas. Counties and cities
      should consider both commercial and recreational shellfish areas.
      Counties and cities should at least consider the Washinaton
       Deoartment of Health classification of commercial and recreational
      shellfish arowina areas to determine the existina conditions of
      these areas. Further consideration should be oiven to the
      vulnerability of these areas to contamination. Shellfish protection
      districts established pursuant to chapter 90.72 RCW shall be
      included in the classification of critical shellfish areas.

"Suitable for shellfish harvest" has been interpreted by Department of Ecology to
mean all commercial beaches or areas with a Department of Health (DOH)
classification of 'Approved" or "Conditionally Approved" (Table 1). All areas
designated as shellfish "Restoration Areas" (where the source of contamination
is known and has potential of being eliminated) should also be included on the
local critical list. It is further recommended that local plans provide a
mechanism to provide for areas that are re-classified (upgraded to 'Approved"
or "Conditionally Approved") or are added to DOH's classification lists. Table 2
contains a listing of commercial areas which should be considered critical.


















                                      -8-








Recreational areas are currently not classified by the DOH. Ecology
recommends that all public beaches with suitable intertidal substrate,
demonstrated public use, and the presence of shellfish, either currently or
historically, be considered "suitable for shellfish harvest" and designated as
critical. Established upland use which might degrade water quality and
proximity to significant outfalls must also be considered. Table 3 lists
recreational beaches which the Ecology's Shellfish Protection Unit have
determined to be "suitable for shellfish harvest." This table should not be
considered as all-inclusive, local knowledge could easily result in additions.

Local jurisdictions will have particular situations which may reflect on the
suitability of a beach for harvest. In designing local criteria regarding critical
shellfish areas consideration of the following items, again not all-inclusive, will be
helpful.

             Department of Health classifications.
                    As recommended by Chapter WAC 365-190-80.

             Recreational and Commercial "Suitable for Shellfish Harvest"
             list Tables 2 and 3.


             Upland soil conditions, average depth of seasonal ground water
             table, vegetation, etc.
                   This information allows local planners to anticipate potential
                    problems with existing or future on-site septic systems.

             Stability of adjacent bluffs.

             Number of existing commercial or non-commercial animal-
             keeping facilities in the area.
                   Local planners -may want to recommend or mandate that
                   local farms use Best Management Practices (BMPs).

             The possibility of establishing or enhancing of shellfish
            populations in the future.









                                      -9-








Development Regulation In Critical Areas

As stated in Section 6 of the GMA, counties and/or cities "shall adopt
development regulations... precluding land uses or development that is
incompatible with critical areas." A typical means for local jurisdictions to
comply is by adopting ordinances. Examples of appropriate ordinances already
in existence or in draft are included in the appendices of this manual.

            Pierce County - On-Site Sewage Disposal Rules and
            Regulations - Appendix B - June 1987 (Appendix 1).

            Thurston County - Article IV - Disposal of Sewage
                   Sections 15 and 30   (Appendix 2).

            Thurston County Administrative and Civil Infraction Process
             (Appendix 3).

             DRAFT Thurston County Nonpoint Source Ordinance (Appendix
            4).

            Thurston County Zoning Ordinance - Extracts
             (Appendix 5).

             Pierce County - Rural Environment Ordinance
             (Appendix 6).

             Pierce County - Chapter 17.08 - Environmental Regulations
             (Appendix 7).

             DRAFT Thurston County Proposals for Rural Zoning (Appendix


             Island County - Chapter 17.02 - Zoning Ordinance - Extracts
             (Appendix 9).









                 TABLE I Commercial Growina Classifications
     The DOH Shellfish office classifies all actual and potential commercial shellfish
      growing areas in Washington state as Approved, Conditionally Approved,
      Restricted, or Prohibited. The classifications have specific standards associated
     with them which are defined below.


APPROVED A growing area may be classified as Approved when the sanitary survey and the
bacteriological water quality data indicate that fecal material, pathogenic microorganisms, marine
biotoxins, and poisonous or deleterious substances are not present in dangerous concentrations.
The bacteriological quality of the marine water samples collected from an Approved growing area
must satisfy both parts of the following standard: 1) The concentration of indicator(fecal coliform
bacteria) shall not exceed a geometric mean most probable number (MPN) of 14 per 100 milliliters
(ml); and 2) not more than 10 percent of the samples shall exceed a MPN of 43 per 100 ml, using
the A-1 modified 5-tube/3-dilution method.



CONDITIONALLY APPROVED An Approved growing area subject to intermittent, but
predictable microbiological contamination may be classified as Conditionally Approved. Predictable
seasonal or weather-related pollution events, such as overflows from sewage treatment plants (STP),
could necessitate a temporary closure of an Approved growing area. The period of closure is based
upon local conditions and varies with each Conditionally Approved area.



RESTRICTED If the bacteriological water quality of a commercial growing area does not meet
the standard for an Approved classification, the area may be classified as Restricted if the fecal
coliform concentration does not exceed a geometric mean MPN of 88 per 100 ml, and if not more
than ten percent of the samples exceed an MPN of 260 per 100 mi. Shellfish harvested from
restricted growing areas cannot be marketed directly, but must be relayed to an approved growing
area for controlled purification.



PROHIBITED A growing area may be classified as prohibited when the sanitary survey and the
bacteriological water quality data indicate that fecal material, pathogenic microorganisms, marine
biotoxins, and poisonous or deleterious substances are present in dangerous concentrations.
Growing areas adjacent to STP outfalls and other persistent or unpredictable pollution sources are
classified as Prohibited.

Growing areas are classified as Prohibited to commercial harvest until a shoreline sanitary survey
and an intensive water quality study have been completed by DOH.

No shellfish shall be harvested commercially from a prohibited area.







                                          -11-












TABLE 2.
     COMMERCIAL AREAS WHICH SHOULD BE CONSIDERED CRITICAL

                   AREAS BY COUNTY                                            CLASSIFICATION

                   Clawlni
                   Dungeness Bay                                              Approved
                   Sequim Bay                                                 Approved*

                   [slowd
                   Holmes Harbor/Race Lagoon                                  Approved
                   Penn Cove                                                  Conditional#
                   Saratoga Passage                                           Approved

                   Islandlsoohornish
                   Port Susan                                                 Restoration I

                   Jefferson
                   Brmnnon                                                   Approved
                   Dabob Bay                                                 Approved
                   Discovery Bay                                             Approved
                   Dosewallips St. Pk.                                       Restoration t
                   Duckabush                                                 Restoration t
                   Fisherman Harbor                                          Conditional
                   Fulton Crook                                              Approved
                   Hadlock Bay                                               Approved *
                   Indian Island                                             Approved *
                   Jackson Cove                                              Approved
                   Kilisut Harbor                                            Approved
                   Mate Mats Bay                                             Approved
                   Norland                                                   Approved
                   Oak Bay                                                   Approved
                   Cluilcens Bay                                             Approved 0
                   Squamish Bay                                              Approved
                   Thomndyke Say                                             Approved
                   Triton Cove                                               Approved

                   Kitsep
                   Agate Pass                                                Approved
                   Big Beef Harbor                                           Approved
                   Liberty Say                                                Restoration t
                   Misery Point                                              Approved
                   Nellita                                                   Approved
                   Port Blakely                                              Approved
                   Port Gamble/Kiallarm Day                                  Approved
                   Port Madison/Suquamish Res.                                Approved
                   Port Orchard Passage                                       Approved
                   Raft Island                                               Approved
                   Seabeck                                                   Approved*

                   Mason
                   Annas Say                                                  Approved
                   Case mislt/North Bay                                       Restoration t
                   Harnma Hamma Delta                                         Approved
                   Harnmereley, Inlet                                         Approved #
                   Hartstene, Island                                          Approved *
                   Jorsted Crook                                              Approved
                   Lilliwaup                                                  Approved
                   Lynch Cove                                                 Restoration t
                   Qakland Say                                                Conditional*
                   Pickering Passage                                          Approved








                                                      -12-












Table 2. Page 2
                    AREAS BY COUNTY                                             CLASSIFICATION

                    Mason - continued.
                    Sisters Point                                               Approved
                    Skcookum Inlet                                              Approved
                    Squexin Island                                              Approved*
                    Stretch Island                                              Approved
                    Tahuya                                                      Approved
                    Totten InletlNorth Side                                     Approved
                    Waketickehi Crook                                           Approved

                    Pierce
                    Case Inlet/Rocky Say                                        Approved
                    Filucy Say                                                  Conditional
                    Glen Cove                                                    Restoration t
                    Ketron Island/Wykoff Shoal                                  Approved*
                    Oro BaylAnderson Island                                     Approved

                    PiercoffKitaip
                    Carr Inlet/Burley Lagoon                                    Restoration t
                    Carr Inlet/Minter Bay                                       Restoration t
                    Case Inlet/Vaughn Say                                       Restoration t

                    San Juan
                    Hunter Bay/Lopez Island                                     Approved
                    MacKaye Harbor/Lopez Island                                 Approved
                    Shoal Bay/Lopez Island                                      Approved
                    Ship Bay/Orcas Island                                       Approved
                    Westcott Bay/San Juan Island                                Approved

                    Skagit
                    Sarnish Bay                                                 Approved
                    Sirmilk Bay                                                 Approved

                    SkagitilslsndSnobornish
                    Skagit Bay                                                  Restoration I

                    Thuraton
                    Eld Inlet                                                   Approved #
                    Henderson Inlet                                             Approved 0
                    Nisqually Flats                                             Approved
                    Totten Inlet/South Side                                     Approved

                    Whatoom
                    Drayton Harbor/Sermaahrnoo                                  Approved #
                    Lumrni Say                                                  Approved 0
                    Lunirni Island                                              Approved
                    Portage Bay                                                 Approved

                    arays Harbor
                    Grays Harbor                                                Conditional*

                    Pacific
                    Palix                                                        Restoration t
                    Willipa Bay                                                  Approved~

0 Contains aceage classified as 'Restricted' or 'Prohibited" in certain areas, but the remainder of the area is classified as
noted. Because of the 'Approved' or 'Conditionaelly Approved' portion of the area, it should be protected under the GMA.
I Area identified as 'Restricted' or 'Prohibited' and where point or nonpoint source pollution is known and has the potential of
being corrected.











                                                      Table 3.
                              RECREATIONAL BEACHES THAT ARE
                              "SUITABLE FOR SHELLFISH HARVEST'


This list is not all-indusive, but recommends certain beaches by county that are considered to be suitable for shellfish harvest
on the basis of the substrate, public access and presence of stock. Most of these beaches are suitable also on the basis of
Health monitorina. but those which are starred have current Droblems. They are included on this list, however, because the
source of the problems is understood and there is hope the sources can be cleared in the future. Two of those beaches.
Dosewallips and Belfair State Parks, on Hood Canal, represent some of the most productive public shellfish grounds in the state.

                                        Clallam County
Dungeness Bay Spit Refuge                                     Jamestown County Beach
Sequim Bay State Park

                                        Island County
Camano Island State Park                                      Captain Whidbey State Park
Saratoga Passage Tidelands                                    Scatchat Head
Strawberry Point-DNR 142 & 144                                Useless Bay State Perk
Utelady Point-Comano Island

                                        Jefferson County
Bolton Peninsula-DNR 56                                       Brown Point-Toandos Peninsula IDNR 57B)
Camp Harmony - DNR 57                                         Case  Shoel-DNR 59A
Dosewallips State Park ï¿½                                      Fort Flagler State Park
Fulton Creoak, North of-DNR 50                                Hicks County Park-Shine
Hood Heed Tideland                                            Jack on Cove-DNR 55
Kale Point Spit                                               Kinney Point
Uons County Park                                              Mystery Bey State Park
Northeast of Shine-DNR 59                                     Oak Bay Park
Oak Bay, East of - DNR 404A                                   Oak Heed - Toandos
Old Fort Townsend State Park                                  Pleasant Harbor State Park
Point Whitney                                                 Port Discovery
Seal Rock Forest Camp                                         Shine Tidelands State Park
South Indian bland County Park                                Tabook Point-Toandos Peninsula IDNR 57)
Toandos Tidelands State Park                                  Wolfe Property State Park

                                        King County
Burton County Park                                            South of Peter Point-DNR 77

                                        Kitsap County
Agate Pass                                                    Anderson Cove-DNR 40
Fay Bainbridge State Park                                     Illahee State Park
Miller Bay                                                    Oldman House State Park
Point No Point-DNR 68/69                                      Point Southworth
Kitaap Memorial State Park                                    Scenic Beach State Park

                                        Mason County
Belfair State Park*                                           Eagle Creek Recreational Tidelands
Cushman Park. Potlatch                                        Dewatto, North of DNR Beaches 46/47148
Dewatto Bay, South head - DNR 44                              East Hartatene Island - DNR 24
Hood Canal Recreational Park                                  Hoodsport Hatchery, North of - DNR 43 ï¿½
Island State Park                                             Lilliwaup Tidelands State Park
McMicken Island State Park                                    Miller Creek. South of - DNR 43
Potlatch State Park                                           Rendsland Creak Rec. Area
Twanoh State Park












                                                         -14-












Table-a: Continued.

                                       Pierce County
Cutts Island State Park                                     Eagle Island State Park
Fox Island-Near Bridge                                     Kopachuck State Park
Narrows-DNR 30                                              Penrose Point State Park
Purdy Sandspit                                              RFK Recreational Area-Whitman Cove
Sunrise Reach County Park                                  Wyckoff Shoal

                                       San Juan Countv
Doe Island State Park                                      Echo Bay-Sucia Island
English Camp-San Juan Island                               Fossil Bay-Sucia Island
James Island State Park                                     Jones Island State Park
Matia Island State Park                                     Mud Say-Lopez Island State Park
Patos Island State Park                                     Reid Harbor State Park
San Juan County Park                                       Snoring Bay State Park-Sucia
Spencer Spit State Park

                                       Skgait County
Bayviaw State Park                                         Carter Point, Lummin Island
Maury lslarnd-DNR 93                                       Pelican Reach - Cypress Island
Saddlebag bsland State Park                                Samish Island Recreational Site - DNR
Sinclair Island Dock                                       Williams Point-Samish IONA)
Young County Park-Guemres Is.

                                       Snohomidsh County
Kayak Point County Park

                                       Thurston County
Burfoot County Park                                        Nisqually Reach
Frye Cove County Park                                      Tolmnie State Park

                                       Whatcorn County
Birch Say State Park                                       Chuckanut Say
Clayton Beach State Park                                   Point Roberts Lighthouse
Sermiahmoo Spit*





  *POLLUTION PROBLEMS MXST ON THESE BEACHES, AND HARVEST SHOULD NOT OCCUR UNTIL THE POLLUTION
SOURCES ARE CORRECTED. IT IS FELT THE PROBLEMS ARE CORRECTABLE WITH REMEDIAL ACTION OVER TIME.








Shoreline Manaaement

This document covers very specific subjects related to the Growth Management
Act (GMA) and is designed to help local governments establish policies and
programs capable of protecting valuable shellfish resources and reducing non-
point pollution.

It is important to recognize that other programs exist in the State of Washington
which are similar to the GMA in intent. The Shoreline Management Act (SMA) is
one such program. It regulates the type of activity on Washington's shorelines
and is implemented by local Shoreline Master Programs (SMPs). The SMA and
the GMA complement each other greatly, when closely coordinated. This is
true for several reasons, including but not limited to:

             SMA preferred use priorities, (aquaculture is a recognized
             shoreline preferred water dependant use),
             Shorelines of State-Wide Significance priorities (RCW 90.58.020)
             acknowledging preservation of the natural character of the
             shoreline as a top priority, (this policy works to preserve habitat
             and fragile resources, including shellfish beds),
             SMPs are "Planning" documents, addressing where new shoreline
             development should locate (by establishing or revising shoreline
             environment designations such to protect designated shellfish
             growing areas a potentially strong measure of local control exists),
             SMPs include regulations and a permitting system to control
             shoreline development activities including marinas (requiring
             sewage pumpout facilities), shoreline clearing and grading
             activities, buffers and density requirements, etc.,
             SMPs can be used as a vehicle for designing a permit system for
             critical shellfish areas,
             Public trust principals (addressing navigation, fishing, commerce,
             etc.), many of which are embodied in the SMA.

Water-deDendant Uses

An important part of the SMA is a provision for local jurisdictions to restrict
shoreline uses to those considered "water-related" or "water-dependent". This
type of provision protects the sensitive and unique nature of shoreline areas
from types of development that do not need to be located there. Water
dependency is a criteria used by the U.S. Army Corps of Engineers in its "public
interest review" of proposals to build on wetlands (i.e., Section 404 permit
requirements under the federal Clean Water Act). If a use is not "water-
dependent" it is presumed that the use could be accommodated elsewhere (i.e.,
in a location which would not require the destruction or damaging of a wetland).

                                      -16-








It is common for state wetlands management programs to incorporate similar
water dependency criteria. Under New Jersey's Coastal Area Facility Review
Act, coastal development is regulated under a set of specific Coastal Resource
and Development Policies. These policies prohibit development in coastal
wetlands unless certain conditions are met -- a key condition being that the
proposed use or activity is water-dependent. "Water-dependant" is specifically
defined in the policies to mean "development that cannot physically function
without direct access to the body of water along which it is proposed." 

Localities have also adopted similar approaches. A notable example is Portland,
Maine which recently passed a citizen referendum requiring changes to its
zoning code that restrict the city's waterfront areas to water-dependant forms of
development. Specifically, the referendum prohibits hotels, motels, and
residential uses which are not considered one of the following uses: 1) fishing
activities; 2) maritime activities; 3) functionally water dependent activities, and 4)
authorized public uses. Each of these categories is further defined in the
referendum.

Water dependency is an excellent tool for managing shorelines in critical areas.
It does not, however, address upland uses that cause water pollution and
should not be used as the sole method of protecting aquatic resources.
Establishing criteria through Comprehensive Plans, zoning, master programs,
SEPA ordinances and other tools is therefore essential to achieve desired
protection levels in critical areas.





















                                     -17-








SECTION II.


                  Water Quality and Shellfish


Characteristics of Runoff and Pollution

In an undisturbed environment, rain falls to the ground and is either taken up by
vegetation, absorbed by soils and passed into the ground water, or runs off as
surface water. Changes in land-cover, such as clearing and construction, effect
the hydrology and ultimately the water quality in the area. As development
occurs, water that was once used by vegetation or absorbed into the ground is
diverted by impervious substances. Pollutants carried by water change in
composition and concentration.

Loads of lead, zinc, copper, and other metals increase when development
replaces the natural environment 1 (Figure 1). Studies have shown that the
majority of pollution found in urban runoff originates from streets, construction
sites, and lawns/gardens 2 , but also that oxygen-demanding substances and
suspended solids can reach levels comparable to secondary sewage outfalls.

Impervious material in developed areas elevate stormwater runoff levels and
increase flood frequency. This increase in volume and velocity erodes stream
banks and increases turbidity, adversely effecting fish and wildlife habitat3
(Figures I and 2). In addition to erosion, flooding produces increased
sedimentation and pollution in receiving waters4, 5
Pollution sources, types, and amounts are extremely varied. Leaks, spills and
emissions from motor vehicles, failing on-site sewage disposal systems,
chemical products used in gardening and yard maintenance, animal wastes,
effluent from boats and marinas, and urban runoff contribute greatly to pollution.
The cumulative effects of these activities within a single watershed can
drastically effect water quality and critical shellfish resources.

Finally, reduced infiltration of rain into the groundwater reduces well water
levels, increases frequency and volume of flood flows, and lowers stream flow
levels during the summer months. Often, lower stream levels negatively effect
fish habitat.










FIGURE I    Diagram of Progression of Cumulative Effects of Urbanization on Hydrologic
                Characteristics. (Taken from Canning, 1988).


                         High                                                                                                              Hg
 Water  Pollutant             Pesticides  High
 Concentrations   in          Herb!icides ....
 storm Runoff  Water Bcei

                        Low                            viruses                                      PetroLeum,
                                                                                              Hydrocarbons.                           Low

                        High                                                                                                              Hg
    AatC. Habitat                                Riparian-Sra   ai
 Factors. and                                    Vegetation  Density   StemBn
 Hydrologic                                      and General                                                                and Bed Scour
 Amenities                                       Hydrologic
                                              Amenities

                        Low                                                                                               -Low

                        High                                                                                                               High
 Flood~ Flow
 Freqec    n

       V~~~~~~olu

                                                   ~~~~~~~~~~~~~~~~~~~~~~~~~~~Low


 Disposition  of         Hihig
 Precipitation  as       Infiltration  of-
 Storm Runoff, or        Precip.  Into           Instantaneous
 Ground  Water           Ground Water            storm Water  Runoff-

                                  Infiltration  -  ~~~~~~~~~~~~~~~~~~~~~~~~~~Low                                                          Lo

                        ox J,~~Apen  Well                                                                                                   oox
 LansCalm                                       Vegetated                                                                      Uprfu
Devetowment                                     Lnscp                                                                      Surf ace  Coverage
                                                                       )  ~ ~ ~ ~   ~     ~    ~ ~ ~ ~~    ~~~By Roads,
                                                                                                                    Buildings, and
                                                                                                                    Compacted Soft


Hydrologic       ~        Native  Habitat~~    Agricultural i!~and:          VlaeadLgtUr.                                         fS..ra
Parameters                       Sura                                           burban                 .

 Increasing
Urbani Zat ion


                                    (TO BE  READ  AS  A  PROGRESSION  FROM  LEFT  TO  RIGHT)













                           40%                                           38%
                            '' Evapo-                                    '' Evapo-
                              Transpï¿½iation                                 Transpiration


             10% Runoff  4                                  20% Runoff 4

                25%  21%
                Shallow                                       Shallow
                Infiltration                   Infiltration Infiltration
                                                                       )eep Infiltration
                    Natural Ground Cover                          YO-ZItlmoernous

                           35%                                          30%
                            "Evapo.                                        Evapo-
                              Transpiration                                Transpiration

                                                            55%Runoff
            30% Runoff                                         55%unoff

                20%                                           10%
                Shallow                                       Shallow
                I                 nfiltration                 Infiltration

                     3$5--5/!moeanous                            75-0T1lrnmoenAus



Source:   J.T. Tourbier and R. Westerscott. Water Resources Protective Technology: A Handbook of measures
                         To Protect Water Resources In Land Development. p. 3.

               FIGURE 2  Typical Changes in Runoff Flows Resulting From Paved Surfaces.








The Shellfish Resource

Washington State is one of the leading shellfish-producing areas in the country
and is the largest supplier of oysters. Recent Washington Department of
Fisheries data indicate the total 1990 commercial harvest of oysters, clams and
mussels in Washington State exceeded 15 million pounds, with an approximate
value of 52 million dollars. In addition, Fisheries estimates that over one million
recreational clam diggers annually harvest over 3.3 million pounds (1987 figure).
Fisheries further estimates that in 1986 approximately 6,600 gallons of oysters
were harvested in Hood Canal alone.

The shellfish industry employs an estimated 1,500 persons statewide. The
income earned by these employees is extremely important to rural economies
that have been hard hit by slowing timber sales and other economic problems. 
In Mason county, the shellfish industry is the second largest employer and in
Pacific county the industry employs 1 out of every 12 persons.

There are additional values to shellfish. Some of these include:

               iHealthy shellfish are considered to be an early indicator of
                water qualit.
             i. Historical and cultural importance.
                Tribal ceremonial uses.
                Tribal member sustenance.
               iRecreational and tourism opportunities.
                Juvenile crab habitat.

Pollution Problems Relatinca To Shellfish

Two types of contamination affect shellfish, chemical and bacterial/viral. Filter
feeding shellfish concentrate substances in the water column into their tissues4
as they feed, including bacteria, Viruses, and toxins.

Chemical contamination of shellfish can take many forms and is often
associated with human industrial, commercial, and residential land use activities.
Low levels of toxicants have been detected in some urban bays but effects of
chemical contamination on humans and shellfish are not widely known.
Chemical residues have been found in shellfish tissue years after the source
has been removed, however. Toxic Water Quality Standards, WAC 173-201-
047, establish limits on contamination of water resources and 173-204 WAC
establishes marine sediment quality standards.

Shellfish can accumulate harmful levels of naturally occurring toxin during
blooms of certain kinds of microscopic marine plants. Paralyic Shellfish
Poisoning (PSP) can be fatal. Although plankton blooms occur naturally, some

                                     A-19








scientists believe that high levels of organic pollutants may increase the
frequency, intensity, and duration of blooms. Because of the threat to human
health, tests are routinely taken by the DOH and a volunteer corps for PSP,
particularly during the summer months.

There have been hundreds of reported cases of illness or death related to
shellfish bacteria and virus contamination in the last 50 years7 (Table 4).
Contamination has led to the closure of thousands of acres of shellfish
harvesting area in the United States since 1831. Currently, shellfish harvesting
restrictions and closures in commercial areas in Washington threaten the
continuation of an economically vital industry.


TABLE 4.   Documented cases of hepatitis A associated with shellfish
             consumption through 1983.'
      Year0     Reporttl;ed :   e i cl       e of:0 state- -00jls)r
            Cases        Transmission   ili-ilt  ;
    1961        84          Oysters      Alabama, Mississippi
                459         Clams        New Jersey, New York
                 15          Clams       Connecticut
                 31         Oysters      Alabama
    1962         3          Clams        New York
    1964        249         Clams        Pennsylvania (New Jersey Clams)
                123         Clams        Connecticut, Rhode Island
                 3          Oysters      North Carolina
                 43          Clams        New York
                 3          Clams        District of Columbia (N.J. Clams)
    1966         4           Clams       New Jersey (Massachusetts,
                                          Maryland Clams)
                 3          Clams        Massachusetts
                 4          Clams        New Jersey (Massachusetts
                                          Clams)
    1968         3           Clams       New York
    1969         6           Clams       New York


                                     -20-








              Year  Reported  VehIcle of"State"s)
              Cases6:   Transmissions::-:i:---0
                 13         Oysters       Florida
    1971         5           Clams        Massachusetts
                 3           Clams        Rhode Island
    1972         2           Clams        Florida, Massachusetts (Florida
                                          Clams)
    1973        293          Oysters      Georgia, Missouri, New Mexico,
                                          Oklahoma, Texas (Louisiana
                                          Oysters)
    1977         17         Shellfish     Washington
                           Unspecified
    1979         8          Shellfish     Unspecified
                           Unspecified
                 10         Oysters       Alabama, Georgia (Florida
                                          Oysters)
    1982         11          Clams        New York (Massachusetts, North
                                          Carolina, New York, and/or Rhode
                                          Island Clams)
'Taken from Verber, 1984.
bTotal number of reported cases from one or more outbreaks.
uListing includes states where outbreaks occurred and states from which
shellfish were obtained, if specified.

Fecal coliform (FC) bacteria are the standard by which water quality is
determined from the public health perspective, and are the primary cause of
shellfish bed closures. Concentrations indicate the possible presence of
pathogens, disease causing organisms.

In Washington, shellfish areas have been closed to harvest since early in the
1950's. The early closures were due primarily to point source pollution from
sewage outfalls in urban areas. More recent closures are due to nonpoint
pollution, mainly from failing septic systems in rural residential areas and poor
agricultural practices. Urban stormwater runoff, boats and marinas, forestry
practices, clearing and grading in developing areas, and increased seal
populations have further contributed to elevated fecal coliform bacteria levels
(Figure 3).


                                     -21-


                                                                                                I










                        Figure 3


          802%
   B80                          NONPOINT SOURCE "
   -70  L               CAUSES OF SHELLFISH -
      _0-            |           RESTRICTIONS
   60-               I
9 50 -

   40 -                    35

    30 -
                                18%    18%
   20- 


       Failing Animal Storm Isewage Marine  Boat
       Septics  Waste  Runoff Outfall  Animal  Waste

      NOTE:   Percentages add up to more than 100%
      because contamination of shellfish beds is often
       the result of more than one source of pollution.
       Source:  Department of Ecology Shellfish Unit.








Currently there are 75,000 acres within the Puget Sound identified by the
Department of Health as commercial growing areas. Of these 75,000 acres,
28,500 (1990 figure) acres are subject to harvest restrictions due primarily to
elevated fecal coliform levels (Table 5). Also, of beaches listed for recreational
shellfish harvest, 39%(57) are currently considered public health risk areas and
24%(35) are threatened.





































                                      -22-








TABLE 5: Commercial Shellfish Growing Area Reclassifications Department of Health, June 1991.

      Ye I.; a'"r -C| "'.'. .I Area . .          From   .             ..r sScAr
      1981       Burley Lagoon                 Approved          Restricted       Rural Nonpoint   Oysters and Clams    480
      1982       Minter Bay                    Approved          Restricted       Rural Nonpoint   Oysters              93
      1983       Penn Cove                     Approved          Prohibited         Point: STP     Mussels              500
      1983       Lower Eld Inlet              Approved           Conditional      Rural Nonpoint   Oysters and Clams    600
      1984       North Quilcene Bay           Approved           Prohibited       Rural Nonpoint   Oysters              200
      1984       Henderson Inlet              Approved           Conditional      Rural Nonpoint   Oysters and Clams    300
      1986       South Skagit Bay              Approved          Restricted         Rural Ag.      Softshell Clams     2,900
      1987       Port Susan                    Approved          Restricted      Agriculture/STP  Softshell Clams      6,100
      1987       Dosewallips Tidelands        Approved           Restricted           Marine       Oysters and Clams    180
                                                                                Mammals
      1987       Oakland Bay                  Conditional        Restricted       Point/Nonpoint   Oysters and Clams    820
      1987       Lynch Cove                   Approved           Prohibited          Nonpoint      Oysters and Clams    630
      1988       Duckabush Tideland           Approved           Restricted       Rural Nonpoint   Oysters and Clams    210
      1988       Drayton Harbor                Approved          Prohibited       Rural Nonpoint   Oysters and Clams    500
      1989       North Skagit Bay              Approved          Restricted       Rural Nonpoint   Softshell Clams     2,500
      1989       Bay Center                    Approved          Restricted       Rural Nonpoint   Oysters              100
      1991       Liberty Bay                  Conditional        Restricted          Nonpoint      Oysters              260
      1991       North Bay (Case Inlet)        Approved          Prohibited       Rural Nonpoint   Oysters and Clams    1,387

                                                             -23-








What Is Beina Done?

There are several things that are being done to correct nonpoint pollution
problems in the Puget Sound region:

      /     Watershed planning under the Puget Sound Water Quality
             Management Plan.
      /     Washington State Revolving Fund (SRF) loans.
      ,/    The Centennial Clean Water grant program.
      /     Shellfish Protection Initiative project (Ecology/Health).
      /     Enforcement action taken by Ecology's regional offices.
      ,/    Enforcement action taken by local health departments.
      /     Various local government projects.
      /     Intensive water quality sampling by DOH and of
             sources (streams, etc.) by counties.
      /     General permit for dairy wastes.
      W/    Stormwater planning under the Puget Sound Water Quality
             Management Plan.
      /     Revisions to state on-site WACs and encourage use by
             counties.
      /     Pump-out/dump-out For Boats by State Parks and the Boating
             Task Force (1991 Puget Sound Water Quality Management Plan -
             MB-4).
      ,/    Voluntary clean-up actions of private citizens and
             volunteers.
      /      Public education projects (LHDs, PIE funds, etc.).
      ,/    The Shoreline Management Act implemented through local
             Shoreline Master Programs.
      ,/    And now, shellfish areas are required, under the Growth
             Management Act to be designated and protected as critical
             areas.













                                     -24-








SECTION Ill.

              PROTECTING WATER QUALITY
             THROUGH LAND MANAGEMENT

As stated in Section I, counties and cities required or electing to plan under the
Growth Management Act must prepare a Comprehensive Plan addressing the
following areas:

          Land Use                     iHousing
         Capitol Facilities               Utilities
          Transportation
         Rural Land Use (Counties only)
This section provides reviews of alternative and often innovative management
tools and approaches to combat deterioration of water quality. Ideas found in
these examples can be used or adopted at the local level to accomplish
regional goals. Wherever possible, examples of practices from different
jurisdictions around the country are examined.

Density and Use

Use Designations

Since the activities permitted in critical areas have direct implications for water
quality and other local management objectives, designation of permissible-land-
use zones is an important and effective tool. Use designations can be assigned
at a broad and general level -- as in a land use plan diagram (e.g., allocating
basic categories of residential, commercial, agriculture, open space) -- or in a
much more detailed and specific manner, as in a typical zoning ordinance with
multiple residential zones.

Requirements for specific land use can be described in local zoning ordinances
as "district designations". Examples are taken and paraphrased from the
Thurston County Zonina Ordinance - September 1, 1980.








                                    -25-







Low Densit Residential District
The Low Density Residential District can preserve the semirural
residential character of an area and prevent urbanization in areas
restricted by one or more of the following conditions:
  1. Umited traffic access and circulation due to geographic
      constraints.
  2. A predominance of soils with limitations for intensive development.
  3. Steep slopes, watercourse or waterfront areas where erosion,
      earth slippage and water runoff present limitations for intensive
      development.

Agriculture District
This designation is encourages farm operators by providing a predictable
future for agricultural resources and preserves agricultural land and
timberlands. It allows nonagricultural uses which are compatible with
farm operations in Agricultural Districts, but protects agricultural
operations from nuisance complaints. As a special district, it make
governmental bodies and the general public aware of the presence and
importance of farm lands.
Planned Industrial Park District
The Planned Industrial District encourages comprehensive planning for
entire industrial sites as a unit. It provides for industrial developmentI
while protecting the uses of nearby land and helps stabilize property
values. The district is characterized as being on or near a major arterial
highway or other transportation facilities, and close to developing cities,
developing community centers or relatively intense residential 
development.
Controls to provide freedom from nuisance-creating features such as
noise, dirt, odor, vibration, air and water pollution, are established,
together with adequate traffic circulation, open space and landscaping,
compatibility with surrounding residential, commercial or other
development and protection from industrial blight. Standards are
designed to be particularly attractive to research and development, small
precision part and merchandise distribution industries.




                               -26-








                  Geologically Sensitive Area District

                  This district provides for residential, commercial, and agricultural uses of
                  a type and density which will minimize the potential for contamination or
                  significant loss in recharge capacity of a vulnerable groundwater aquifer
                  and potable water source of great importance to the general public. This
                  exercise of the police power (regulatory power) is necessary to preserve
                  the public health, safety, and welfare.


            Density Regulation

            Jurisdictions across the country manage the density of development through
            zoning or subdivision ordinances. Development densities are often restricted in
            high slope areas, for instance, to minimize runoff impacts and erosion, to
            reduce the hazards associated with slope failure, and to reduce the public and
            private development and facility costs. Density has been regulated in
            groundwater recharge zones and wellhead areas to minimize the nonpoint
            pollution effects on groundwater caused by such development, particularly from
            on-site waste disposal.

            It is now common to also regulate the density of development in and around
            water bodies such as lakes, ponds, and marine waters, particularly where public
            sources of drinking water are involved. Reducing density in these critical water
            quality areas minimizes pollutants that make their way into these water bodies
           from chemically-treated lawns, septic drainfields, asphalt, etc., Numerous
            examples can be cited from around the country.

           The North Carolina Coastal Area Management Act (CAMA) include density
            components in addition to use provisions. A number of Piedmont communities
            have imposed density restrictions in critical water quality zones to protect
           drinking water sources. The local efforts are further buttressed by a new state
I       ~      ~~surface water classification system that protects waters at the state level (North
            Carolina Division of Environmental Management, 1987). In the Orange County
           zoning ordinance a minimum lot size of 80,000 square feet is required in Water
           Quality Critical Areas. In Protected Watershed Districts (watersheds draining
           into drinking water sources), the minimum lot size for an industrial use is
           200,000 square feet.

           The Maryland Critical Areas program also incorporates density regulation,
           stating that "land ... may be developed for residential uses at a density not to
           exceed one dwelling unit per 20 acres" in resource conservation areas.
           Afthough the state stipulates overall density, localities may select the
           appropriate regulatory tools to achieve/maintain this density. Mechanisms such


                                                 -27-








as cluster development, transfer of development rights, minimum and maximum
lot size provisions, and/or additional means to maintain the land area necessary
to support the protective uses, are encouraged.

Under Maine's state minimum shoreline zoning ordinance, residential lots must
be a least 20,000 square feet if unsewered and 10,000 feet if sewered. Some
local jurisdictions have gone beyond this requirement. In recent years extensive
recreational development has resulted in substantial increases in nonpoint
pollution. The town of Bridgton now requires at least 60,000 square feet for lots
around recreational lakes and pond. Bridgton further controls density along 
sensitive shorelines by regulating the dimensions of shoreline lots, reducing the
number of units immediately adjacent to and draining into a water body. Lots
abutting lakes, ponds, river or streams must have a minimum shoreline frontage
of 150 feet "measured in a straight line between the points of intersection of the
side lot lines with the shoreline at normal high water elevation". The shoreline
zoning ordinance required by the state stipulates a minimum lot frontage of only
I100 feet.4

The Wisconsin Model Shoreland Zoning Ordinance, prepared by the Wisconsin
Department of Natural Resources, is similar in its restrictions to those required
in Maine. Development lots along shorelines must be a minimum of 20,000
square feet where not served by a sanitary sewer, and 10,000 square feet with
a sewer service. All buildings along the shoreline must be set back at least 75
feet from the ordinary high water mark.

Please remember that sensitive areas may need considerably more
protection than what Is described In the above examples. Development lots
on a typical shoreline may be required to have certain minimums, but in a
critical watershed, local planners may wish to increase the requirements to
provide additional protection (i.e. 30,000 square feet in a unsewered area and
20,000 square feet in a sewered area).

The following is a local example of Rural Residential density levels, paraphrased
from the Thurston County Zonino Ordinance - September 1, 1980, divided into
three categories.










                                     -28-








                  Rural Residential - I Dwelling Unit Per 5 Acres

                  This level was designated to allow some development in areas with
                  commercial timber and in areas where severe limitations occur for either
                  water supply, aquifer recharge, flood plains or proper functioning of on-
                  sites.

                  Rural Residential - 1 Dwelling Unit Per 2 Acres

                  This density level was designated to enhance and preserve the rural
                  agriculture character in areas where there is currently little development
                  and which are characterized by: (a) farms, forestry activities, and large
                  residential parcels; (b) being distant from community services necessary
                  to support development of a suburban or urban character; or (c) having
                  substantial areas of moderate to severe physical limitations for
                  development.

                  Rural Residential - I Dwelling Unit Per Acre

                  This density level permits development in areas characterized by one or
                  more of the following: (a) a large percentage of soils with moderate to
                  severe physical limitations for development; (b) being adjacent to areas
                  having higher residential densities and availability of community services,
                  (c) situated so that they have potential for scenic views and/or water
                  access; or (d) located at a substantial distance from the urban core.

            Despite the fact that it is desirable to limit density in critical areas, it is not the
            goal to reduce density. The goal is to lower the Impacts of density to the
               loetlevel possible.

r         ~~Use Restrictions in Environmental Areas or Ovedlav Zones

           Special use restrictions on development may be incorporated in local overlay
            zones. In North Carolina, for example, Orange County has enacted a "Water
           Quality Critical Area" overlay zone adjacent to water supply impoundments. To
           prevent degradation of public drinking water supplies, it places restrictions on
           the types of uses permissible in the zone (while residential uses are permitted,
           all industrial and commercial uses are not). The Alamance County Watershed
           Protection Ordinance provides similar restrictions, specifically prohibiting the
           following uses in its Water Quality Critical Areas:

                  1.    Commercial use which sells, stores, or distributes motor fuel or
                         other hazardous materials;

                                                 -29-








      2.    Airports;

      3.    Industrial uses;

      4.    Landfills, incinerators, and waste processors;

      5.    Metal salvage facilities including junkyards;

      6.    Manufacturing use or storage of any hazardous or toxic materials
             waste as listed on the EPA hazardous material list or determined
             by Alamance County Board of Commissioners; and,

      7.    Public or private sewage disposal systems except for subsurface
             septic tanks. Community sewage treatment facilities may be
             allowed if the Health Department determines that a public health
             problem can be alleviated by constructing sewage facilities
             (Alamance County, N.C., 1987, p. 1).

A Washington State example of how overlay zones can be included into local
ordinance can be found in Island County's Chapter 17.02 Zoning Ordinance
(Appendix 10).


DeveloDment and Conservation Zones: Land Use Classification
Systems

There are state and local use restrictions designed to protect water quality and
other environmental values. In North Carolina, coastal localities must prepare
land use plans which include a land classification system and map. Not
intended as a strict regulatory mechanism, their land classification system is
intended to serve as a tool to describe where specific local implementation
actions and policies will apply in the future. The North Carolina Coastal Area
Management Act (CAMA) regulations use five categories to classify land:
developed, transition, community, rural, and conservation. Each of these
classes is specifically defined and described in the North Carolina CAMA
regulations. The following descriptions of the five categories are excerpted from
these regulations:

      Developed:  "Areas... currently urban in character where minimal
      undeveloped land remains and have in place, or are scheduled for the
      timely provision of, the usual municipal or public services... includes
      mixed land use such as residential, commercial, industrial, institutional,
      and other uses at high to moderate densities..."


                                     -30-







         Transition: "Areas... presently being developed for urban purposes or
         will be developed in the next five to ten years to accommodate
         anticipated population and urban growth. These areas are in, or will be
         in a 'transition' state of development going from lower intensity uses to
         higher intensity uses and as such will eventually require urban services..


         Community: "Areas... presently developed at low densities which are
         suitable for private [on-site system] use. These areas are clustered
         residential and or commercial land uses which provide both low intensity
         shopping and housing opportunities and provide a local social sense of a
         'community'..."

         Conservation: "Areas... include... but [are] not limited to public trust
         waters, estuarine waters, coastal wetlands, etc., other similar lands,
         environmentally significant because of their natural role in the integrity of
         the coastal region and include but are not limited to bottom-land
         hardwoods, pocosins, swamp forests, areas that are or have a high
         probability of providing wildlife habitat, forest lands that are essentially
         undeveloped and land which otherwise contain significant productive,
         natural, scenic, cultural or recreational resources...

  In Oregon coastal estuaries are divided into three basic use categories: natural,
  conservative and development. While localities implement this system through
  local land use plans and development ordinances, the state establishes the
  more specific uses and activities which are permissible in the three different
  zones, as well as uses conditional upon additional resource capabilities tests.
  (See Oregon Department of Land Conservation and Development, 1987). For
  instance, within natural management units few alterations are permitted.
  Undeveloped low-intensity, water dependent recreation is permitted by right in
  these areas; boat ramps for public use where no dredging or fill is required are
  contingent uses. More extensive "disturbances" are permitted in development
  units. Here water-dependent commercial uses are permissible even when
  dredging and fills are required. Non-water-dependent uses which do not
  require dredge or fill are identified as conditional uses.

  Under Maine's Mandatory Shoreland Zoning Act, the Minimum Shoreland
  Zoning Ordinance stipulates that the 250 foot shoreline zone be divided into
  three use zones: a Resource Protection District, a General Development District
  and a Limited Residential-Recreational District. While municipalities have no
  choice but to include these areas in Resource Protection Districts, they have the
  option of also including the following: other significant wildlife habitat, natural
  sites of significant scenic or aesthetic value; areas designated by federal, state,
  or municipal governments as natural areas of significance to be protected from


i                                  ~~~~~~~~~~~~~-31-








development; and other significant areas that should be included to achieve the
purposes of the ordinance. The ordinance specifies land use and activities
permitted in each of these broad zones: i.e. residential dwelling units are
permitted in General Development Districts but not in Resource Protection
Districts.

As a final example, in Maryland the Chesapeake Bay Critical Area Protection Act
fosters environmentally sensitive development in the Chesapeake Critical Area,
thereby minimizing damage to natural habitats and water quality. The program
includes all Chesapeake Bay tidal waters, the 100-year tidal floodplain and
extends 1,000 feet beyond the landward boundaries of state or private
wetlands. Local governments may expand the boundaries of their critical area,
but they cannot reduce it below the 1,000 foot minimum. Within the
management area, local jurisdictions are required to incorporate state criteria
into their plans and permitting process. The criteria addresses habitat
protection, water dependant facilities, agriculture, surface mining, and
development.

To minimize the impact of growth on water quality, Maryland's Critical Area
Nonpoint Program has three land use categories: Resource Conservation
Areas, Limited Development Areas, and Intensely Developed Areas.

      Resource Conservation Areas (RCAs) generally consist of one dwelling
      every five acres, no public sewer or water, and mostly consist of
      wetlands, forests, and cultivated or uncultivated land. Overall density
      within a RCA is restricted to one dwelling every 20 acres. Biological
      productivity, species diversity and other ecological values are protected
      and enhanced through local government programs and ordinances.
      Development activities within the RCA must also comply with Limited
      Development criteria.

      Only five percent of a individual county's RCAs may be redesignated as
      IDAs or LDAs. Federally owned property or acreage located in tidal
      wetlands cannot be redesignated.

      Limited Development Areas (LDAs) generally consist of one dwelling
      every five acres to four dwellings per acre. LDAs have water and/or
      public sewer programs, and the land is mixed with, but not dominated by
      wetlands, agriculture, and open space. Nonpoint source controls in LDA
      include restricting the total amount of removed timber on any single
      development to 20 percent, limiting the area of impervious service to 15
      percent on any given site, restricting stream alteration, encouraging
      cluster development, and requiring replacement of cleared timber land
      elsewhere in the critical area on a one-to-one basis.

                                     -32-







      Intensely Developed Areas (IDAs) are usually consist of dense residential
      or commercial development. IDAs have public sewer and water and
      have four or more dwellings per acre. Nonpoint source reduction is
      accomplished by protecting remaining wooded areas and enhancing
      vegetation in newly developing areas, and requiring local governments to
      conduct water quality assessments and programs that protect natural
      habitats.

Nonpoint pollution controls that apply to the entire critical area include:

       1     The establishment of a minimum 100 foot buffer landward from the
             mean high water line of tidal waters, streams, and wetlands.

      2     The establishment of a minimum 25 foot buffer around non-tidal
             wetlands.

      3     A limitation on timber harvesting within 50 feet from the bay and


   4rMandato~ury systeloment   of soil conservation plans and best
             management practices.

    UbnGrowth Boundaries

         An mpotat mnaemet sraegyisto         s       eaaeubnor urbanizable areas
   frmresource areas. Washington's Growth Management Act mandates the
   cretio ofUrban Growth Boundaries UGBs) in all rapidly growing areas. In
   Oreon llmunicipalities must designate UGBs, within which urban growth and
   devlopentis permissible and desirable. Each boundary must be drawn in
   suc a ayas to include enough land to accommodate approximately twenty
   yasof growth (Beatley and Brower, 1988). Land outside the UGB is reserved
 frresource uses (agriculture, forestry) and is generally not available for urban
   deveopmnt.Such an arrangement seems to promote a more compact and
   coniguuspattern of development which in turn serves numerous social goals:
protection of productive resources, provision of more efficient urban services,
and prevention of visual clutter.

Note?: Urbanization negatively affects shellfish quality and should not be allowed
      in critical and natural resource areas.





                                     -33-







Transfer of DeVeloDMent Rights
      Paraphrased from Washington State Department of Community Development's Draft
      Transfer of Development Rights Programs: A Guide to Protecting Resource Lands.

Transfer of Development Rights (TDR) programs are a system of "landt
banking." The programs will designate preservation areas, where little or no
development is allowed. Other areas are designated as growth areas, where
higher density development, residential or commercial, is permitted and even
encouraged. Local government can grant or assign certain development rights
to property owners in the preservation, or sending area; the landowners may
then sell those rights or transfer them to land in a growth, or receiving area.I
Once the transfer has been made, there is usually a conservation easement
attached to the deed on the land in the sending area which permanently
restricts development. This can be an effective method for preserving historic
landmarks, open space and agricultural lands.

TDR programs have been established throughout the country, although to date,
only a small percentage of programs have actually had TDR transactions occur.
Of those, only a handful can be considered successful in accomplishing their
goals. One of the most successful programs was designed to protectI
agricultural land in Montgomery County, Maryland. Since 1980, 16,000 acres
have been protected through TDRs.

In Washington, Island County enacted a TDR program in 1984 to protect
agricultural, forest lands, wetlands and open space. Island County has had two
transactions in the seven years the program has been in place, protecting
approximately 40 acres of land (See Appendix 10 for an extract from Island
County's Chapter 17.02 on TDRs). The city of Seattle has a TOR program to
protect low income housing in the downtown area. Since 1985, they have had
five projects using TDRs.

Based on the experience in TDR jurisdictions, several design and
implementation issues need careful attention when a TOR program is being
developed.

      I1.    One of the most difficult and most important steps in establishing
             an effective TDR program is to designate adequate receiving
             areas. It is critical that receiving be designated in areas where
             there is a market for high density development. These areas must
             have the necessary infrastructure (i.e. sewer and water) to
             accommodate the desired density.

      2.    Developers should have some incentive to buy TDRs. This is
             done by locating receiving areas in the right places and not

                                     -34-








             allowing any other avenues to higher densities (i.e. through
             rezones or variances).

      3.    Landowners in the sending area should have some incentive to
             sell their development rights--this is typically done through
             downzoning and then allocating TDRs.

      4.    It helps to make the program and the ordinances implementing it
             simple, flexible, and understandable.

      5.    TDR programs are more effective if launched with an aggressive
             education and outreach program targeting landowners,
             developers, realtors and the general public from the very start.

      6.    Washington jurisdictions could consider using county-wide
             planning policies, mandated by ReSHB 1025, to negotiate sending
             and receiving areas.


Clusterine, and Densitv Bonuses

Clustering involves concentrating the bulk of a site's permissible density to
discrete portions of the parcel or site. Clustering minimizes the impact of urban
development, allowing relatively substantial portions of the site to remain in a
natural state and retain much of its environmental value (Figure 4a and 4b).
 Houses may be clustered, for instance, to prevent destruction of important
wetlands, or to maximize distance from a floodplain or a sensitive stream.
   Opnspace improves the water quality by allowing runoff to be naturally filtered.
Local clustering provisions can be mandatory, but are often optional or
voluntary. The practice can be encouraged locally by providing density
bonuses as an incentive. If a developer, for instance, concentrates
development on a certain portion of the parcel away from an important natural
resources, the developer may be given permission to increase the number of
    dwligunits. Boulder County, Colorado offers an example.  In much of the
county, particularly in prime farming areas, permissible development density is
one dwelling unit per thirty-five acres. However, under the County's "Non-urban
Planned Unit Development" provisions, a developer can obtain an additional unit
per thirty-five acres if he or she agrees to cluster the units. Specifically, all
development must be clustered on 25% of the parcel, and the remaining 75%
must be placed under an easement which prevents future development on this
portion of the parcel. Such an arrangement leads to a more efficient pattern of
development and retains the bulk of the land for agricultural and open space


                                     -35-










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uses (for a more detailed explanation of the Boulder County program see
Beatley and Brower, 1988).

The Austin, Texas Comprehensive Watersheds Ordinance has an interesting
density bonus provision. In water-supply watersheds, three management zones
are delineated (a critical water quality zone, a water quality buffer zone and an
uplands zone). Incentives encourage developers in these zones to donate
acreage to the city via fee simple, thus leaving the most critical areas
undeveloped. The incentives include relaxation of impervious surface
requirements. For each acre of land in the critical water quality zone (the zone
directly adjacent to a waterway) donated, the developer is given an additional
20,000 square feet of impervious cover in the uplands zone (the zone farthest
away from the water way).

There are several counties in Washington have clustering elements to local
zoning ordinances. Island County for example, allows planned residential
developments on parcels over ten acres in size. The Chapter also provides a
mechanism for evaluating whether the program is functioning to achieve a
better pattern of development (Appendix 10).


Buffers and Setbacks

One of the most effective methods of protecting water quality in critical areas is
to properly manage development immediately adjacent to waterbodies. State
and local programs can require buffer zones, leaving undisturbed land to
absorb nonpoint source pollution before it reaches the water. For example,
depending on the degree of slope, the season, soil types, and the amount and
type of vegetation, a 50-foot buffer will help absorb nearly all sediment and
associated phosphorous and about 85% of soluble nitrogen found in runoff.
Vegetated buffers of this size are also very effective in filtering urban pollutants
such as petroleums and pesticides". A buffer can also provide protection from
fecal coliform contamination from poorly operating on-site systems.

In heavily developed King County, the Zoning Code requires buffers between
the mean high water mark and structures. Developers are required to maintain
a 20 foot buffer in urban and rural areas, a 50 foot buffer in a conservancy 
areas, and a 100 foot buffer in relatively undisturbed areas. Additional buffer
requirements can be imposed on construction projects.






                                     -36-








In Thurston County, the proposed Critical Area ordinance (Second Working
Draft, November 1991) establishes the following Critical Area Suffers:


   P. Landslide Hazard Areas           25-1 00 Feet.

      Significant Upland Habitat       Based on Washington Department of
                                       Wildlife, Priority Habitat and Species
                                       Management Recommendations.

      Streams                          25-100 Feet on both sides. Width is
                                       contingent on stream type designation.

      Wetlands                         25-300 Feet. Based on land use
                                       intensity and wetland class designation.


Other examples can be found across the country. The Rhode Island coastal
program requires buffers for new development along non-bulkheaded waters.
Under its permit program, the Coastal Resources Management Council reviews
all proposed development projects within 200 feet of the water. The plan
requires a minimum 50 foot setback and requires additional buffers, maintained
with natural vegetation, of up to 200 feet adjacent to environmentally sensitive
areas. Buffer maintenance is wisely addressed, with provisions for additional
requirements for large residential or commercial projects: 1) conservation
easements on buffers; 2) commercial lawn care restrictions built into individual
lot deeds; 3) access and buffer management plans; 4) restrictive agreements
on future activities; 5) public education programs assembled by the developer
regarding the site's sensitive areas; and 6) when sewage treatment plant
limitations are a concern, new development must follow plant improvements.

The Town of East Hampton, New York has a seven point program to address
nonpoint pollution that includes setbacks from waters for structures and septic
systems, and land acquisition and conservation easement programs. Also
included are street-end redesign to minimize runoff, land clearing and fertilizer-
application restrictions, a permit system requiring special review of projects
located near identified natural features, water quality monitoring and testing, and
improved local enforcement capabilities. All of these practices are included in
local zoning and waterfront revitalization programs.






                                     -37-







Performance ADDroaches (Best Management Practices)

Many localities and states impose minimum requirements for project design to
reduce the impacts or effects of development. Section IV of this manual
discusses site performance approaches. Site performance controls include
best management practices (BMPs), such as stormwater discharge standards,
buffers and setbacks, impervious surface standards, and open space and
vegetation standards. Site controls also include best management practices for
construction, for agriculture, and for silviculture.


































                                    -38-









        CRITICAL SHELLFISH AREA RECOMMENDATIONS

Section 6 of the Growth Management Act states that "development regulations"
shall be adopted which "preclude land uses... .incompatible with critical areas."
As stated previously, land use can significantly affect shellfish resources.
Therefore, based on the history of recent closures, the results of efforts to
restore closed areas, and assessments of threatened areas, the following
approaches are recommended in areas affecting shellfish:

             *     Maximum density should be between I dwelling unit per 2
                   acres and I dwelling unit per 5 acres.

             ï¿½     Clustering should be encouraged.

                *  Agriculture should be allowed provided farm plans are
                   developed, maintained, and implemented.
             *     A major shift to heavy industrial uses should not be allowed
                   in close proximity to shellfish beds. Existing heavy industrial
                   sites could be allowed to expand provided the industry can
                   demonstrate no increased degradation in water quality.
                   Light industrial is generally acceptable provided the facility
                   and associated activities are compatible with the
                   preservation of sensitive shellfish resources.

             *     Careful consideration should be given to the siting of
                   industrial, commercial, residential, and other use
                   designations when located near shellfish resources.

             ï¿½ Transfer of Development Rights to a receiving area outside
                   the critical area should be encouraged.

                *  Buffers and Setbacks should be established through local
                   zoning codes to protect riparian areas.

                *  Use of best management practices (see Section IV) should
                   be required within watersheds or corridors that feed
                   sensitive shellfish beds.






                                     -39-








SECTION IV.

                    Protecting Water Quality
                  Through Best Management
                                Practices


Nonpoint pollution policies and Best Management Practices (BMPs) are
extremely important methods used to protect water quality in critical areas.
Incorporating these policies and practices into regular day-to-day land use
decisions has been an enormous challenge. Problems associated with their
use include: perceived or actual loss of private property rights, loss of land use
for money making activities, taxation on land that cannot be used, and the cost
of installation of the BMPs.

Local governments have the primary responsibility in implementing nonpoint
pollution policies and BMPs. This is most often accomplished through
education and local ordinances. Experience has shown that education and
voluntary action has not produced sufficient correction to maintain a healthy
shellfish industry or to keep up with the addition of new nonpoint pollution
sources. Therefore, local governments incorporate into their local ordinances
mandates which require the public to reduce nonpoint source pollution which
improves water quality.

The following section lists BMPs that can improve nonpoint problems. It is
broken down into the following five categories: agriculture, on-site sewage
systems, urban stormwater runoff, clearing and grading (erosion), and marinas.
Of these five categories, all but agriculture and clearing/grading are routinely
regulated by permits. Although some permits exist addressing stormwater,
marinas, and on-sites, the standards mav not be adequate to Drotect shellfish.

At the end of this section a list of recommendations is provided related to the
use of BMPs in critical shellfish areas.

The BMPs listed in this section are provided for informational purposes.
The intention is to provide local planners with Ideas on effective tools to
include in local ordinances aimed at regional goals and objectives relating
to nonpoint source pollution.

NOTE: It is important to remember that BMPs used individually may not solve a
nonpoint pollution problem. Therefore, the BMPs listed in this section should
be used selectively and collectively as needed to provide a system of BMPs that
will adequately protect critical shellfish resources.

                                     -40-








Aariculture

Agriculture has been identified as one of the leading contributors to nonpoint
source pollution in the State of Washington. Thus, planning to control nonpoint
pollution originating from agricultural facilities is an essential component of any
program to protect marine waters.

The beneficial uses of shellfish can be protected from agricultural contributions
of nonpoint pollution by assigning critical area designation and protection not
just to shellfish beds but to the entire watershed which drains to shellfish beds.
Within the watershed, development and implementation of farm plans designed
to protect water quality and beneficial uses can be required of local farm
owners.

Farm plans are documents most often developed jointly by the conservation
district, the soil conservation service (SCS), or other qualified organization and
the land owner. The farm plan includes a set of actions or BMPs designed to
meet a landowner's management objectives for their farm, while protecting
natural resources and water quality. To develop a plan, technical personnel
from a conservation district or the SCS first assesses such factors as farm size,
soil type, slope, and proximity of each site to water. A written assessment is
then prepared and presented to the landowner who implements identified
BMPs.

The Environmental Protection Agency (EPA) has identified six major categories
of agricultural pollution. These are: erosion; confined animal facilities;
application of nutrients to cropland; application of pesticides to cropland;
grazing; and irrigations.

Appendix 10 is a non-inclusive list of Agriculture BMPs which may aid in the
development of ordinances drafted to protect water quality.














                                      -41-








On-Site Sewaae Systems'

In the various regions of the Pacific Northwest, significant differences in
precipitation, soils, topography, and other factors exist. In many cases, the soil
consists of impermeable glacial till, which is ineffective for septic drainfields.
Ineffective drainfields degrade water quality and beneficial uses of shellfish.

On-site system placement must be carefully considered from the very
beginning, particularly when in proximity to sensitive shellfish growing areas.
When on-site sewage treatment and disposal systems (on-site systems) fail,
adjacent shellfish bed closures are probable. Failing systems are a major
source of bacterial/viral and nutrient inputs in some rural and suburban areas.
Protection of critical shellfish resources requires the use of proper on-site
design, as well as improved methods of installation, maintenance and repair.

An excellent way to protect shellfish from on-site system failure is to assign
critical area designation not just to shellfish beds but to all or part of the
watershed which drains to shellfish beds. Within the watershed, stricter
standards for siting of disposal systems need to be applied. Alternatively, if
watershed conditions allow a less protective approach, county and city
authorities could limit the area which requires stricter standards to corridors
along tributaries that affect shellfish areas. Once a critical area has been
established, siting standards for on-site systems can be regulated through local
health codes. Currently, state law requires a three foot vertical separation
between the drainfield and ground water. If there isn't 3 feet of separation,
alternative systems may be designed that provide the required level of sewage
treatment. In critical shellfish areas, close scrutiny should be given to these
systems.

Alternative systems are required where existing soil performs poorly as a filter
and/or a medium for microbial action and in areas where there is not enough
soil. Three alternative systems which are commonly permitted in the State of
Washington are briefly described below.

      The Pressure Distribution System can enhance the treatment of
      wastewater effluent. Conventional systems, which allow wastewater to
      flow by gravity through large diameter pipes, localize distribution in the
      drainfield. This can lead to overloading the infiltrative surface and
      clogging soils in some regions and contaminating groundwater in others.

     l1t is recommended that local and state health department officials
be contacted regarding the information contained in this section or if
additional information is needed. The Washington State Department of
Health can be reached at (206)586-5846 or SCAN 321-5846.

                                      -42-








      Pressure distribution systems use pumps or siphons to force liquid into
      drainfield pipes which more evenly distributes the effluent.

      The Mound is a drainfield that is raised above the natural soil surface in
      a specific sand fill material. Within the sand fill is a gravel-filed bed with a
      network of small diameter pipes. Septic tank effluent is pumped through
      the pipes in controlled doses to insure uniform distribution throughout the
      bed. The effluent leaves the pipes under low pressure through small
      diameter holes, and trickles downward through the gravel and into the
      sand. Treatment of the effluent occurs as it moves through the sand and
      into the natural soil.

      Every new mound is required to have a designated replacement area.
      This area is similar to the size of your existing mound. It must be
      maintained should that the existing system need an addition or repair.

      The Sand Filter is a concrete or PVC-lined box filled with a specific sand
      material. A network of small diameter pipes is placed in a gravel-filled
      bed on top of the sand. The septic tank effluent is pumped under low
      pressure through the pipes in controlled doses to insure uniform
      distribution. The effluent leaves the pipes, trickles downward through the
      gravel, and is treated as It moves through the sand. A gravel underdrain
      collects and moves the treated wastewater to either a second pump
      chamber for discharge to a pressure distribution drainfield or to a gravity
      flow drainfield. The second pump chamber may be located in the sand
      filter.


Although on-site system management can occur through growth management
activities to protect critical areas, historically this has occurred through the
implementation of state and local health codes.

State health regulations regarding on-site sewage treatment and disposal are
codified in Chapter 246-272. This regulation requires that local boards of health
adopt this chapter, or develop local rules and regulations for on-site sewage
treatment and disposal that are consistent with, and at least as stringent as the
state board of health regulations (Table 6). While WAG 246-272 does not
specifically call for more stringent on-site regulations in sensitive regions, such
as shellfish growing areas, it does allow for local jurisdictions to do this. This
has already been done in some Puget Sound watersheds. Both Thurston
County Health Department and the Tacoma-Pierce County Health Department
have adopted more stringent on-site regulations in particular shellfish growing
areas (Appendix 1).


                                      -43-








TABLE 6 On-site systems: regulatory responsibilities.
              The regulation of on-site systems Is based on the size of each system and the
              amount of wastewater In can handle.
     -b Discharges from large septic systems designed to treat more than 14,500
        gallons per day (slightly greater than the discharge from 40 average-sized
        homes) are regulated by the Department of Ecology under Chapter 173-240-
        020(5)WAC, which controls wastewater facilities in the state.

        Industrial on-site systems of any size and systems using mechanical
        treatment or lagoons to handle over 3,500 gallons per day (discharge from
        around 10 average homes) are also subject to approval by Ecology.

      -. Systems treating between 3,500 and 14,500 gallons per day (the discharge
        from nine to forty average homes) are regulated by the Department of Social
        and Health Services under Chapter 246-272 WAC.

      -. Local health agencies regulate septic systems with a flow of less than 3,500
         gallons per day under Chapter 246-272 WAC. However, several local health
        departments currently regulate flows of 3,500 to 14,500 gallons per day
         under contract with DOH.
Source: MANAGING NONPOINT POLLUTION., An Action Plan Handbook for Puget Sound
Watersheds, PSWQA, June 1989


Within these sensitive areas a number of requirements can be made for new
construction, as well as corrective measures for existing development. Some of
these include: additional location, design, and/or performance standards for on-
site systems; larger land areas for new development; prohibition of
development; additional operation, maintenance, and monitoring of system
performance; requirements to upgrade existing systems; requirements to
abandon certain existing systems; and monitoring of ground and surface water
quality.

State on-site regulations are currently in the process of being up-dated. The
proposed regulations call for the development of more stringent regulations in
regions designated as "areas of special concern". Under the new regulations,
areas near or tributary to shellfish growing are considered as areas of special
concern.

Designating watersheds or corridors as critical areas within which special
standards apply produce the same result as is proposed in the new on-site
regulations. Under SEPA, "sensitive areas" can be declared which also allows
specials standards to be applied. Until the draft state health code in finalized,
the process of designating and protecting critical areas under the Growth
Management Act is perhaps the best way to institute good protective measures
for shellfish.

                                        -44-








GMA ordinances should be coordinated with, and standards embodied in, local
health codes. Therefore, local health agencies should be invited to participate
in planning for the control of nonpoint pollution from on-site systems.


On-Site Examples

Currently, through Thurston County's Article IV (Rules and Reaulations of the
Thurston County Board of Health Governina Disposal of Sewaae--Appendix 2),
homeowners are required to obtain a Operational Permit "to ensure the proper
operation and maintenance of certain on-site sewage disposal systems..."
Under the Thurston County ordinance, "operational permits shall be required for
all subsurface disposal systems permitted after the effective date of [the]
regulation. Operational permits shall also be required for existing systems at
time of sale of property, when systems are repaired, or expanded or when
required of specific areas as contained in the conditions of a Geologically
Sensitive Area (See Appendix 2 for further detail).

Additional steps can be taken to protect shellfish resources in the State of
Washington.

      o     Mandate annual education and testing of on-site system installers.
      [     Provide regular inspection and enforcement action on on-site
             systems by local authorities.
      o     Develop publicly operated and/or funded inspection and
             maintenance services.

Further examples can be found in programs across the country. The following
is an example of a coastal program in Rhode Island where local governments
and homeowners are working together to solve nonpoint problems:

      State legislation encouraged the creation of special management districts
      for non-sewered areas. As of April 1990, four districts had been created
      which have an inspection system requiring mandatory pumping every
      three years and the authority to make corrections.

      Grants were awarded to the towns of Charleston and South Kingstown to
      survey septic systems that were suspected of failing near sensitive areas.
      A brochure (funded through a grant from the state Coastal Zone
      Management program) on the care of on-site systems was mailed to
      property owners with tax bills. As an outcome of this program, South
      Kingstown established a tax rebate program as an incentive for annual
      pump-outs.


                                     -45-








      Also in Rhode Island, upgrading of inadequate systems is a condition for
      rehabilitation or enlargement permits of over 150 square feet (also
      required in Washington for any remodel).

An address and telephone number for the Rhode Island Coastal Resource
Management Council can be found in the References at the back of this
document.


Urban Stormwater Runoff
      For additional information, please consult the Department of Ecology's Stormwater
      Manaaement Manual For The Puaet Sound Basln(SM). DRAFT June 1990.

In the urban environment, an increase in impervious surfaces and an decrease
in natural vegetation result in increased quantity and velocity of runoff;
streambanks erode more rapidly, greater amounts of sediments are carried by
the increased runoff, and the threat of flood and water quality degradation
increases.

Urbanized areas also experience pollutant loadings many times greater than
that of land in a pre-development state. The primary pollutants found in urban
runoff are sediment, oxygen demanding substances, nutrients, heavy metals,
bacteria and pathogens, oil and grease, and pesticides.

Stormwater treatment systems are necessarily site-specific. The contributing
drainage, infiltration characteristics of the soil, site topography and other factors
determine their effectiveness, which can be highly variable.

The following is a list of Best Management Practices (BMPs) that are available
as tools to improve water quality in urban areas:

1     Source Control

             Source control is the most important and cost effective kind of
             management practice. To achieve this, the general public must
             recognize the effect of their day-to-day activities on water quality.
             Educational campaigns can be used to effectively accomplish this.

2     Pond Systems (Detention/Retention)

             Detention Devices: Runoff is temporarily stored, then discharged,
             generally at a lower rate, into a surface water. Pollution reduction
             results from the settling of pollutants during the detention period.


                                      -46-








             Retention Devices: Runoff is permanently stored so that it is never
             discharged directly to surface waters. Wetlands may often be
             constructed in such devices to help filter out sediment and to
             promote nutrient heavy metal uptake.

3     Biofiltration

             These biologically based controls, use vegetation to remove
             pollutants by filtration, biological uptake(minimal), or trapping
             sediment. Often these components are part of infiltration systems
             which not only removes pollutants but also recharges the
             groundwater. Biofiltration facilities may be used by themselves or
             in line with other stormwater treatment systems.

4     Infiltration Devices

             Infiltration devices are used for removing the soluble and fine
             particulate pollutants found in stormwater runoff (see retention).

The practices listed above are the primary means of controlling the majority of
pollutants in urban stormwater runoff.


Runoff in Develooina Areas
      For additional information, please consult the Department of Ecology's Stormwater
      Manaaement Manual For The Puaet Sound Basin(SM). DRAFT June 1990.

The first and best opportunity to protect water from an increase in nonpoint
pollution occurs prior to development. Pre-development protection can be
provided through the adoption of environmentally-sensitive ordinances (EPA,
1991). Protection is provided when a development ordinance is adopted by a
city or county (an inter-local agreement may be needed), and administrated and
enforced by a single authority within the community. Practices available for
incorporation into protective ordinances include:

       1. District Classification System (see use descriptions in section III)
             District classification systems can be used to direct heavy
             development away from sensitive areas and ensure permitted
             development is limited in a manner that preserves water quality.

      2. Environmental Reserves
             Environmental reserves include but are not limited to the
             establishment of a comprehensive buffer system for sensitive area
             protection. Adequate buffers can greatly reduce impacts

                                      -47-








commonly associated with coastal nonpoint pollution. The
following buffers and development restrictions are useful tools to
help local planners maintain critical areas.

NOTE: Buffer definitions, except for 'Wetland Buffers," are taken from EPA's
Prorosed Guidance Soecifvina Manaaement Measures For Sources of Nonpoint
Pollution in Coastal Waters. Wetland buffers are taken from the Washington
State Department of Ecology "Model Wetlands Protection Ordinance".

      "Stream Buffers - A stream buffer is a variable-width strip of
       [naturally] vegetated land for protection of water quality,
      aquatic and terrestrial habitats. Development should not be
      allowed within a variable-width buffer strip on each side of
      an ephemeral [or] perennial stream channel. Minimum
      widths for buffer strips of 50 feet for low-order headwater
      streams and 200 feet or more for larger streams [and
      rivers], are recommended. [Site specific decisions as to
      proper buffer width would require analysis of slope, soils,
      type and quantity of vegetation and precipitation rates and
      levels.] Stream buffers should be expanded to include
      floodplains, wetlands, steep slope areas, and open space to
      form a contiguous system."

       "Wetland Buffers" - No habitat-disturbing activities should
       occur within tidal or non-tidal wetlands and the perimeter
       buffer area. A 25-300 foot buffer is recommended
       depending on the category of wetland. The ranges for
      each category are:

             1. 200 - 300 feet          3. 50 - 100 feet
             2. 100 - 200 feet          4. 25 -  50 feet

       "Coastal Buffers - A coastal buffer is a variable width strip of
       [naturally] vegetated land preserved from development
      activity to protect water quality, aquatic and terrestrial
      habitats. A 100 foot minimum buffer of natural vegetation
      landward from the mean high tide line is recommended to
      remove or reduce sediment, nutrients, and toxic substances
      from entering coastal waters."

      "ExDanded Buffers - Buffers should be expanded to include
      contiguous sensitive coastal areas which, if developed or
      disturbed, may impact streams, wetlands, or other aquatic
      environments. Expansion of buffers is a good practice


                         -48-








             whenever new land development or other disruptive
             activities occur."

  NOTE:    A description of existing buffer programs in other states can
             be found in Section III.

3. Site Design
      Two effective tools in site design are cluster and fingerprint
      development. Both can minimize impervious surfaces in
      developed areas and improve the effectiveness of runoff
      conveyance and treatment.

             Clustering concentrates development to a limited area of a
             given site, leaving large portions of land undisturbed. By
             concentrating development, natural filtration is encouraged
             and more effective stormwater handling and treatment
             facilities can be constructed.

             Site Finaerorintina disturbs only those areas which will be
             used for structures, roads, and rights-of-way which will exist
             following construction.

4. Miscellaneous
       Many other effective practices exist for use in controlling urban
      runoff and protecting water quality downstream. A few of these
      are listed below:

      Floodplain Restrictions - Limiting development to areas outside the
       100 year floodplain will preserve established river and streamside
      buffers and can greatly reduce property damage related to flood
      episodes.

      Steep Slope Limitations - Erosion and increased sediment loading
      can be reduced by restricting or eliminating development on steep
      slopes. Clearing and grading should not occur on slopes in
      excess of 25% (EPA,1991).

      Offsets - These are structures or actions designed to reduce
      impacts and/or compensate for undesirable consequences of
      development. Examples would be reduction of road or sidewalk
      widths and the use of porous or gritted material in construction of
      roads or sidewalks.



                               -49-








             Forest Preservation - In addition to being aesthetically pleasing,
             forests provide important functions such as wildlife habitat and a
             runoff filtering mechanism. "Tree-Save" areas could be designated
             to preserve large blocks of forest land instead of small isolated
             stands. These areas should be linked to buffer strips if possible to
             provide corridors for wildlife, as well as providing additional
             protection for surface waters.


Cleariney and Gradina (Erosion Contro/h
      For additional information, please consult the Department of Ecology's Stormwater
      Manaaement Manual For The Puaet Sound Basln(SM). DRAFT June 1990.

Many types of pollution are generated by clearing and grading activities,
particularly sediment. Sediment loadings from construction sites can be 100
times greater than those from agricultural lands and as much as 2,000 times
greater than from undisturbed forest land. Other significant pollutants
associated with clearing and grading are particulate organic matter, toxic
metals, petroleum, and hydrocarbons (originating from on-site equipment), and
nutrients (applied for revegetation and stabilization). A few contemporary
methods of erosion and sediment control follow.

      1.    Prohibition of major development activities during winter months.

      2.    Topography, soils, slope and natural vegetation are prime
             considerations in development plan.

      3.    Avoidance of clearing and grading of large portions of land at the
             same time.

      4.    Cover for the raw ground, whether impervious or vegetative, is
             installed as soon as possible after clearing.

      5.    Grading techniques which impede vertical runoff and maximize
             infiltration on-site are utilized.

      6.    Erosion and sediment control plans specify details of the practices
             to be employed on-site.

      7.    Access roads do not exceed 10% grade.

      8.    Perimeters of the development area and any vegetation to be
             preserved within the cleared area should be clearly marked with
             signs or tape to ensure preservation.

                                      -50-








Although erosion and sediment control practices should be employed on all
construction sites, additional protection needs to be considered for proposals
for critical watersheds. A few practices that can achieve the additional
protection are (most of these practices are required for all new development in
the SMM):

       1.   Minimal clearing;

       2.    Phased clearing operations to minimize impact;

       3.   A mandatory 72-hour stabilization period following a disturbance;

       4.    Establishing or protecting buffers along rivers, streams, coastal
             zones;

       5.   Correct installation of sift fencing;

       6.   Installation of oversized sediment traps and basins;

       7.    Immediate installation of infiltration devices with provisions to
             maintain these devices until the area has been permanently
             stabilized;

       B.    Innovative scheduling of paving vs vegetative stabilization;

       9.    Inspecting and maintaining all controls following storm events;
             and,

       10. Decreasing intervals between county inspections.















                                       -51-








The Stormwater Manaaement Manual For The Puaet Sound Basin (SMM)

A primary purpose of the SMM is to identify the minimum requirements and
provide guidance on how to prepare and implement stormwater management
plans, including erosion and sediment control plans. These plans are required
for new development and redevelopment on both large subdivisions, and small
parcels, and must meet all of the applicable minimum requirements contained in
Chapter 1-2 of the SM. These requirements are, in turn, satisfied by the
application of BMPs. In doing so the plans will address the impacts of new
development and redevelopment on stormwater runoff, and to the maximum
extent practicable, mitigate deleterious effects.

A second important purpose of the manual is to provide information for users
who are retrofitting BMPs to existing development. Retrofitting will primarily
occur when a local government or Ecology has detected a stormwater drainage
problem emanating from existing development and, as a result, has directed the
implementation of BMPs to correct the problem.

A third purpose is to provide a reference source for users who wish to prepare
technical bulletins, leaflets, etc. for purposes of education and/or specialized
BMP implementation. Examples would include technical leaflets for individual
homeowners, local governments, homeowners' associations, and business
operators.






















                                    -52-







Marinas

Proper design, siting, construction, and operation of marinas can reduce
nonpoint source impacts to the marine environment, as well as benefit the
general public. Denying opportunities for marina development is inconsistent
with the state's policy on water-dependent uses (see Shoreline Management
Section) and does not necessarily prevent NPS problems. Local government
oversight and regulatory control can greatly reduce NPS pollution from marinas.

Nonpoint pollution from marinas and recreational boating often produce
negative environmental effects to the nearby water column and benthic
resources. A few of these impacts are listed below.

      *     Toxicity in the water column related to decreased levels of
             dissolved oxygen and elevated levels of metals and petroleum
             products.

      *     Increased levels of metals and organic chemicals in the tissues of
             organisms such as algae, oysters, mussels or other filter feeders.

       0     Increased levels of pollutants in sediments resulting in avoidance
             of the area by benthic organisms.

       0     Levels of bacterial contamination that result in shellfish bed or
             swimming area closure.

      *     Bottom disruption during dredging and positioning of pilings may
             destroy habitat, re-suspend bottom sediment (which releases toxic
             substances -found in the sediments), and increase turbidity,
             effecting photosynthetic activity in the area.

Siting

The most important step in controlling the impacts of NPS pollution is
appropriate marina siting. The following is a list of management guidelines
which can be applied when siting marinas (NOTE: These policies should be
included in the Shoreline Master Program):

      I1.    Site marinas away from shellfish resources, sensitive
             submerged aquatic vegetation, wetlands, and other critical
             habitat areas. A buffer zone should be established around critical
             habitats located near the proposed marina. The size of the buffer
             zone should be considered on a case by case basis due to
             variation in requirements between resource maintenance.

                                     -53-








      2.    Site marinas in areas where tides and currents are adequate to
             flush the site and renew inlet water regularly. Avoid disrupting
             currents with piers or structures. Marina construction should not
             be allowed if water quality standards will be violated and biological
             resources dependant on clean water are degraded.

      3.    Site marinas adjacent to deep water to avoid or reduce dredging.
             The area to be dredged should be no deeper than needed for the
             marina itself, including fairways, channels, docking areas, and
             maneuvering areas. Under no circumstances should dredging
             result in deeper water than the adjacent open water.

      4.    Site marinas in areas currently permitted for disposal of dredged
             materials to limit the number of disturbed areas. The designation
             of a new dredge disposal site should not be required.

      5.    Locate piers away from submerged aquatic vegetation so that
             shading does not occur.

      6.    Site marinas in areas with existing services such as roads, utilities,
             public sewers, and water lines to eliminate the impacts associated
             with service installation.

      7.    Site marinas away from surface or ground water that is used for a
             drinking water supply.

      8.    Site marinas in areas that take advantage of natural physical
             characteristics to minimize dredging and shoreline fill and
             excavation.

Design

In addition to siting, a proper design must be utilized to minimize NPS impacts.
The following is a short list of components that may be included in marina
design plans:

      1.      Shoreline protection

      2.      Navigation and access channels

      3.      Wastewater facilities

      4.      Stormwater management


                                      -54-








      5.      Dry boat storage

      6.      Discrete boat maintenance areas

      7.      Fuel storage and delivery facilities

      8.      Piers and dock systems

      9.      Accessible pump-out facilities

      10.    Vehicle/trailer parking

Operation

The operation and maintenance of a marina and associated boating produces
concerns such as disposal of fish wastes and the use of chemicals which have
the potential to harm water quality.

Many of the wastes generated in boat yards and marinas should not be
discharged into sanitary sewers or storm drains. Although there are some
exceptions, most indoor drains go to sanitary sewers and most outside drains
go to natural water bodies. Improperly disposed of waste causes water
pollution, damages or impairs treatment facilities and can be unhealthy for
workers. Contaminants of concern include: antifreeze, oils, detergents, wash
water from cleaning floors and decks, and paint dust.

Many things can be done to ensure water quality is preserved in day-to-day
operation of marinas and boats.

      1.    Gradual recycling of fish wastes.

      2.    Use of tarps and vacuums to prevent hazardous solids or liquids
            from boat cleaning and repair from entering adjacent waters.
      3.    Use of oil water separators on all outside drains.

      4.    Placement of berms or other barriers around hazardous material
            sites to prevent spillage from reaching surrounding water bodies.
      5.    Collection and recycling of antifreeze and petroleum products. 

      6.    Use of oil absorption pads in the bilge areas of all boats. These
            pads should be changed as needed or at least once a year. In


                                     -55-








             addition, provisions for appropriate disposal of absorption pads
             should be available.

      7.    Use of phosphate-free and biodegradable detergents only for boat
             washing.


Local Review of Marina DeveloDments

Local authorities are in the best position for comprehensive review of a marina
proposals and their effects. This review can be made following the submission
of a detailed summary of the proposed project. Suggestions for components of
this project summary are:

      1.    A description of the proposed project (construction drawings,
             dredging and sediment disposal plans, siting justification, and a
             demonstration that there is public demand for the facility).

      2.    A description of the existing environment (soil characterization,
             hydrology, existing water quality, aquatic and terrestrial
             ecosystems, historical and archeological sites, the local economy
             and land uses, and an evaluation of available public facilities).

      3.    An environmental impact assessment (a review of pollution
             loadings from stormwater runoff, and direct boat discharges in the
             context of state water standards, and impacts on soils and nearby
             shellfish resources).

      4.    An evaluation of the measures taken to mitigate the effects
             described in the environmental impact assessment.

      S.    A summary of the adverse effects and the beneficial impacts on
             water quality, ecosystems, local economy, public infrastructure,
             historical sites, and aesthetic values.

      6.    A marina operations and maintenance plan.

This information will provide local planners with needed information to verify the
proposed project is consistent with regional and state coastal zone and growth
management mandates.








                      CRITICAL SHELLFISH AREA
                          RECOMMENDATIONS


As stated at the beginning of this section, critical area protection is mandated
by the Growth Management Act, but methods of accomplishing this protection
are not. Therefore, suggestions for achieving this protection are as follows:

      *     Local regulations should provide incentives for or directly require
             the creation, maintenance, and implementation of farms plans.
             Individual BMPs can be identified and adapted on a site specific
             basis and updated annually.

      *     Mandate riparian buffers that protect stream corridors for all
             development. For agricultural development, require that all buffers
             be fenced.

      *     Stricter on-site sewage standards should be adopted when
             located within a critical shellfish watershed. At a minimum, strict
             standards should be applied along a 1000 foot corridor (from
             ordinary high water). Specific requirements should be based on
             soil type in the area and determined by local health authorities.

      0     A mandatory inspection and pump-out schedule for on-site
             systems within a critical watersheds is desirable.

      0     On-site designers and installers should be required to obtain a
             license from the county to start or continue on-site activities.

      0     Require all proposed marina developments to demonstrate the
             level of impact on shellfish beds in the area. Developments
             should not be allowed to cause degradation of any existing or
             potential harvesting area (commercial or recreational).

      *     Adopt policies which require "zero increase" in stormwater runoff
             and institute stormwater runoff retention regulations.









                                     -57-








SECTION V.

                                 Funding


Shellfish Protection Districts

It is important to acknowledge that existing funding sources are often not
adequate to address many of the nonpoint pollution problems that exist today.
One method of providing additional funds for use at the local level is through
taxation of local residents. The 52nd Legislature(1992 regular session) passed
ESHB 2363 which enables counties to finance shellfish protection programs
through county tax revenues, inspection fees for services performed, charges or
rates specified in its protection program, grants, or revenue bonds, general
obligation bonds, or other evidences of indebtedness. Fees and charges under
the program may not be assessed to confined animal feeding operations or
other facilities permitted and assessed fees under the National Pollution
Discharge Elimination System, or lands classified as forest land under Chapter
84.33 RCW or timberland under Chapter 84.34 RCW.

Counties that form shellfish protection districts will receive high priority for
financial assistance to implement protection programs, including grants and
loans from water pollution control revolving fund, water quality account, and
referendum 39 (waste disposal facilities).


Grants / Loans

There is a significant variety of funding sources to tackle nonpoint problems that
effect shellfish beds. The following summarizes of the primary sources
available:

/     Washington State Revolving Fund (SRF) low interest loans to local
      government to finance a broad assortment of water pollution projects.
      Eighty percent of the total fund is earmarked for planning, design, and
      construction of water pollution control facilities. Ten percent is allocated
      for nonpoint source pollution projects such as installing fencing to
      keep livestock from polluting streams and eroding streambanks,
      monitoring and restoring lakes, rivers, and streams, and rehabilitating
      septic systems(through a county's formation of its own revolving loan
      fund). The remaining ten percent can go to conservation and
      management projects for federally-designated estuaries like Puget
      Sound.


                                      -58-








   In 1986 the legislature created the Centennial Clean Water Fund (CCWF)
   to promote pollution control activities which restore or improve water
   quality and prevent further degradation of state waters. The CCWF is
   used to supply grants to cities, counties, tribes, or special districts for
   various water quality projects including nonpoint pollution. Through
   1995, there is expected to be approximately $45 (approx. 53 million in
   1992) million dollars available annually in five categories:

          * Marine Water Facilities (50% of the annual fund)
          * Ground Water Facilities and Activities (20%)
          * Freshwater Lakes and Rivers (10%)
          *  Nonpoint Pollution Facilities and Activities (10%)
          * Discretionary Projects (10%)

IMPORTANT:    The legislature can increase or decrease the appropriated
                amount available for CCWF projects.

   The Public Involvement and Education (PIE) Fund is one of the
   educational strategies of the 1991 Puget Sound Water Quality
   Management Plan. It is intended 'lo increase understanding of Puget
   Sound and its resources and the effect of human activities on them, and
   to facilitate public involvement in decisions to clean up and protect the
   Sound."

   PIE is not a grant program.  It is a program in which the Authority
   obtains the services of individuals and organizations through personal
   service contracts. PIE Fund contractors, through their programs, act on
   behalf of the Authority and the Puget Sound Water Quality Management
   Plan.

   Since 1987, the Washington State Legislature has appropriated about $1
   million each biennium from the Centennial Clean Water Fund for this
   model projects program. Between 1987 and 1990 over 100 projects
   were carried out.











                                  -59-







Financial Assistance Telephone Numbers

Additional information on funding can be obtained by contacting the Water
Quality Financial Assistance Program of the Department of Ecology at:
     * 205(j) Water Quality Management Planning Grants: ....438-7720
     * State Revolving Fund (SRF): ............438-7720
     * Coastal Zone Management:.............459-6780
       Second Number.................459-6781
     * Lake Restoration: ................459-067
     * Aquatic Plant Management:.............459-6067
     * Agricultural Water Supply: .............459-6119
     * Flood Control Assistance: .............459-7569
     * Waste Management Grants:.............459-7474
     * Groundwater Management Areas: ..........459-6120
      Note: All telephone numbers are area code 206 or scan 585.



























                           -60-








                              References



North Carolina Division of Environmental Management, 1987 - "Guidelines for
Obtaining a Protection Surface Water Classification" North Carolina Department
of Natural Resources and Community Development, Report Number 87-05,
December.

Beatley, Timothy and David J. Brower, 1988 - "Managing Growth: Small
Communities and Rural Areas" State of Maine, Office of State Planning, March.

Oregon Department of Land Conservation and Development, 1987 - 'The
Oregon Estuary Plan Book" Salem, Oregon: DLCD Oregon Land Conservation
and Development Commission, 1985. Oregon's Statewide Planning Goals.
Salem, Oregon LCDC.

Baldwin, Malcom F., 1987 - 'Wetlands: Fortifying Federal and Regional
Cooperation, Environment" Volume 29, Number 7, September.

Barth, Michael and James Titus, eds., 1984 - "Greenhouse Effect and Sea Level
Rise: A Challenge for This Generation" New York: Van Nostrand Reinhold.

Bergquest, Susan, 1986 - "Sediment From Construction Sites is a Major - Yet
Avoidable - Pollutant" Nonpoint Source Pollution: Where to Go With The Flow,
Wisconsin Department of Natural Resources, January - February.









'Marilou M. Taylor, 1984, The Henderson/Eld Inlet Water Quality Study
Washington State Department of Ecology.

2Roger Bannerman et al, 1983, Evaluation of Urban Nonpoint Source Pollution
Management in Milwaukee County, Wisconsin Executive Summary Wisconsin
Department of Natural Resources.

3Walter, Michael F., 1979, Nonpoint Source Pollution Control by Soil and Water
Conservation Practices, American Society of Agricultural Engineers, 0001-
2351/79/2204-08734 pp. 834-840.

4Effectiveness of Soil and Water Conservation Practices for Pollution Control, US
EPA, 1979.

5DRAFT--Transfer of Development Rights Programs: A Guide To Protecting
Resource Lands, Section written by Cathy Baker, Department of Community
Development, December 18, 1991.

"Canning, Douglas J. 1988, Urban Runoff Water Quality: Effects and
Management Options, Washington Department of Ecology.

7Gary P. Richards, 1985, Outbreaks of Shellfish-Associated Enteric Virus Illness
in the United States: Requisite for development of viral guidelines, Journal of
Food Protection, v.48, n.9.

8EPA-News Notes #18--Forestry Project Assists In Improving Water Quality In
The Monocracy River Watershed, January-February 1992.

9Proposed Guidance Specifying Management Measures for Sources of
Nonpoint Pollution in Coastal Waters, US EPA, May 1991.










STATES WITH PROGRAMS REFERRED TO IN THIS MANUAL


                         Washington
                    Department of Ecology
                  Coastal Zone Management
                       Mail Stop PV-11
                     Olympia, WA 98504
                        (206)459-6777

Maine                                 Maryland
State Planning Office                 Coastal Resources Division
State House Station #38               Department of Natural Resources
Augusta, ME  04333                    Tawes State Office Building
(207) 289-3261                        Annapolis, MD  21401
                                     (301) 974-2784

New Jersey                            New York
Department of Environmental           Department of State
Protection, CN  401                   162 Washington Street
Trenton, NJ  08625                    Albany, NY  12231
(609) 292-2795                        (518) 474-3643

North Carolina                        Oregon
Division of Coastal Management        Department of Land
Department of Environment, Health,    Conservation
and Natural Resources                 and Development
512 North Salisbury Street            1175 Court Street, N.E.
Raleigh, NC  27611                    Salem, OR  97310
(919) 733-2293                        (503) 378-4017

Rhode Island                          Wisconsin
Coastal Resource Management           Coastal Management Program
Council                               Department of Administration
Stedman Office Building               101 South Webster, 6th Floor
Tower Hill Road                       Madison, WI  53707
Wakefield, RI  02879                  (608) 266-3687
(401) 277-2476









Appen dix I








                                          APPENDIX B

       SPECIAL ON-SITE WASTE STANDARDS FOR COMMERCIAL SHELLFISH GROWING
       AREAS

          1. Definitions:

             1.    Mound-Fill Systems:

             Those systems described in the W.D.S.H.S. "Design and Construction Manual
             for Fill or Mound Systems in the State of Washington", May, 1981, or
             subsequent editions.

             2.    Pressure Distribution Systems:

             Those systems described in the W.D.S.H.S. "Draft Guidelines for the use of
             Pressure Distribution Systems", October 1981, or subsequent editions.

             3.    Director of Health:

             The Director of Health of the Tacoma-Pierce County Health Department or his
             duly authorized representative.

             4.    Department:

             .The Tacoma-Pierce County Health Department.

          I.Applicability:

             1.    These standards shall apply to all lots, parcels and tracts within the
             identified drainage basins of Burley Lagoon, Minter Bay, Rock Bay, and Filucy
             Bay, previously designated as the Sensitive Area.

             2.    In the areas of applicability these standards shall take precedence over
             the provisions of the Revised Code of Washington, the Washington
             Administrative Code, and the Tacoma-Pierce County Health Department
             standards. The provisions of the Revised Code of Washington, the Washington
             Administrative Code, and the Tacoma-Pierce County Health Department shall
F           ~~~~continue in full force and effect except when in conflict with these standards.

             3.    Subdivision lots recorded prior to the effective date of these standards
             and approved by the Director of Health shall not be subject to the minimum lot
             sizes required by these standards, however, a minimum three foot separation
             must be maintained between the drainfield trench bottom and any impervious
             material or high seasonal water table. Said lots must also meet any additional








      setback requirements or enhanced treatment requirements required in these
      standards.

III.   Minimum Lot Size:

      1.    Lot sizes required for specific site conditions shall be determined by the
      following table:


                                     TABLE I

                         S                  Method of Distribution
                         0
                          I                        Gravity            Pressure
Soil                     L
parameters                                        System              System
                         T
                         Y
                          P                        Lot Size           Lot Size
                          E

Separation of            1                  Unacceptable       I acre
more than 36"            2                  18,000 sq ft. 12,500 sq ft.
                         3                  18,000 sq ft. 15,000 sq ft.
Total Soil Dept          4                  18,000 sq ft. 18,000 sq ft.
More than 48"            5                  22,000 sq ft. 22,000 sq ft.
                         6                  Unacceptable       Unacceptable

Separation of            1                  Unacceptable       2.0 acres
25"-36"                  2                  5 Acres*           30,000 sq ft.
                         3                  1 acre             30,000 sq ft.
Total Soil Dept          4                  1 acre             30,000 sq ft.
37"-48"                  5                  1 acre             I acre
                         6                  Unacceptable       Unacceptable

Separation of            1                  Unacceptable       2.0 acres
12"-24"                  2                  5 Acres*           30,000 sq ft.
                         3                  1 acre             30,000 sq ft.
Total Soil Dept          4                  2.5 acres           1.0 acres
24"-36"                  5                  2.5 acres           1.0 acres
                         6                  Unacceptable       Unacceptable

*May be reduced to 2.5 acres if setbacks from surface waters are increased to 150
feet. Setbacks from cut-banks must be increased to twice the normal distance to a
maximum of 150 feet.










                                                Soil Classes

            Soil Classes:                   USDA TEXTURE:            SCS SERIES IN
                                                                      SENSITIVE AREA:

            I.                             Gravels, Coarse Sands    Nielton

            II.                            Medium Sand               Indianola, Ragnar
                                                                      (uncommon)

P           III.                            Fine Sand, Loamy Sand   Indianola, Ragnar
                                                                      (common)
            IV.                            Sandy Loam, Loam          Harstine, Alderwood

            V.                              Loam, Silt Loam          Kitsap, Kapowsin

            VI.                            Silt Clay Loams,          Kitsap, Bow
                                            Silt Clays               Bellingham

                         2.    All lot sizes are based on 3 bedroom residences. If more than 3
                         bedrooms are proposed for a new residence, then the lot size
                         requirement increases by the following formula:

                         A=1/3L x B         Where A= Adjusted lot size, L= Minimum 3 bedroom
                                            lot size established in Table I, and B = Total number
                                            of proposed bedrooms.

                        3.    Reduction of lot size to less than the established three bedroom
                         minimum lot size will not be considered for any reason, including
                         proposals for residences with less than three bedrooms.

                  IV.   Multi-family Lot Sizes:

                         1.    Multi-family lot sizes shall be determined by the following formula:

                        M=1/3L x B         Where L= Minimum singles family lot size for a
                                            single-family residence based on environmental
                                            conditions and method of treatment proposed. B =
                                           The number of bedrooms proposed at a rate of no
                                            less than 2 bedrooms per unit and M= Minimum
                                            multi-family lots size required.







V.    Commercial Lot Sizes:
      1.    Commercial lot sizes shall be determined by the following formula:

            C =L X 0/450              Where L= Minimum single-family lot size for a
                                      single-family residence based on
                                      environmental conditions and method of
                                      treatment proposed. 0= Anticipated daily
                                      waste flow and C = Minimum commercial lot
                                      size. 

      2.    in no case shall C be less than L.

VI.    Mobile Home Parks- Pad Sizes:

      I1.    Pad sizes and densities for mobile home parks shall be determined by
      the same method as for single-family lot sizes found in Section III of this
      standard.
VII.   Setbacks:
      1 .    Except where otherwise modified in these standards, all setbacks for on-
      site waste disposal systems shall be equivalent to those found in WAC 248-96-
      100.

ViII. Low Water Use Fixtures:
      1.    While the department encourages the use of low water use fixtures, no
      reduction of lot size will be allowed by use of any such fixtures.
IX.   Soil Tests:

      I1.    Percolation tests, sieve analysis and bulk density determinations may be
      required if, in the opinion of the Director of Health,they are necessary for proper
      soil evaluation. All soil tests must be performed in a method acceptable to theI

X.    Mound-Fill Systems:

             1.    Lot sizes where mound-fill systems are proposed shall beI
             determined by the following table:








                                      TABLE II

Soil Type*         24" Fill from Bed Bottom        12" Fill from Bed Bottom
                   to Native Soil                        Native Soil

1                  1/2 acre                              Unacceptable
2                  18,000 sq ft.                   18,000 sq ft.
3                  18,000 sq ft.                   18,000 sq ft.
4                  18,000 sq ft.                   18,000 sq ft.
5.                 18,000 sq ft.                   18,000 sq ft.
6.                 Unacceptable                          Unacceptable

* For explanation of soil type see Section III

             2.    Where proposed, the soil depth and quality requirements for
                   mound-fill systems shall be equivalent to those found in the
                   W.D.S.H.S. "Design and Construction Manual for Fill or Mound
                   Systems in the State of Washington", May 1981 or subsequent
                   editions.

      XI.   5 Acre Tracts:

             1.    Soil requirements for Tracts of 1/128th of a Section or more may
             be reduced by the Director of Health provided that:

                   a.    A restriction is placed on the property deed preventing
                   further subdivision or development.

                   b.    The proposal is for an owner-occupied single-family
                   residence.

                   c.    There are no existing residential, commercial, industrial, or
                   institutional structures on the property.

                   d.    The subsurface absorption system is located no closer than
                   100 feet from any property lines.

                   e.    Slopes of the native ground surface in the drain-field area
                   do not exceed 12%.

                   f.    Setbacks from any perennial surface water bodies are no
                   less than 300 feet.

                   g.    Setbacks from any seasonal surface water bodies shall be
                   100 feet.








                   h.    Setbacks from cut-backs are double those outlined in WAC
                   248-96-100 up to a maximum of 200 feet.

                   i.    A minimum 6 inch separation can be maintained between
                   the trench bottom and the highest seasonal water table or any
                   impervious layer.

                   j.    Soils in the drainfield area must be of Classes 2-5 as
                   identified in Section III.

XII.         Reserve Drainfield Area:

                   A 100% reserve drainfield area shall be required for all systems
                   installed under this standard. Said reserve area shall be subject to
                    all requirements found in this standard.

XIII.        Enforcement of Penalties:

                   These standards shall be enforced by the Director of Health
                    pursuant to his authority under Pierce County Code, Section
                    20.16.080 and RCW 70.05.070. Any violation of these standards
                    shall be punishable in accordance with Pierce County Code,
                    Section 20.16. In addition, because of the fragile nature of the
                    commercial shellfish growing areas, and because of the
                    devastating effect that failing septic systems have on said areas,
                   the Board of Health hereby specifically finds that any violation of
                   these standards is a public nuisance and may be abated by the
                    Director of Health through a nuisance action filed in the Superior
                    Court of the State of Washington for Pierce County.

XIV.         Severability:

                    Should any word, sentence, or portion of this standard be
                    declared unconstitutional or invalid for any reason, the remainder
                    of this standard shall not be affected thereby.

XV.          Evaluation and Revision:

                   This standard shall be reviewed and evaluated as deemed
                    necessary by the Director of Health. Revision shall be made as
                    needed to insure proper administration and to allow for newer
                    methods of on-site sewage disposal.











APPENDIX B (page 55)
        11. 2. In the areas of applicability these standards shall take precedence over the
        provisions of the Revised Code of Washington, the Washington Administrative
        Code, and the Tacoma-Pierce County Health Department standards. The
        provisions of the Revised Code of Washington, the Washington Administrative
        Code, and the Tacoma-Pierce County Health Department shall continue in full
        force and effect except when in conflict with these standards.


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                   nfCl lA in .k ,JrnIAS _r__ a,. ,a  A la  Vl____ 0 n _a Arinn+ W A_ :_

               SeetieR-l1









Appendix2











      10.5.3 Plan Submission. The health officer may require
submission of a plan by a licensed sewage system Installer/
planner if conditions of the repair site warrant.
      10.5.4 Repair of Community and Larger Systems. A sewage
system design shall be submitted for review prior to issuance
of the repair permit. The health officer may waive this
requirement or design submission for minor repairs..

      10.5.5  Expiration of Repair Permit.  A Repair Permit
shall expire if work on the repair is not started within six
calendar months from the date of application.  If the Repair
Permit expires, work on the repair may not be started until a
new Repair Permit is obtained.  If it has been a year or less
since the expiration of the permit, the new permit fee shall be
a reduced amount, as per Article 1; otherwise the full Repair
Permit fee shall be paid.
      10.6    operational Permit.  An Operational Permit is
required to ensure the proper operation and maintenance of
certain on-site sewage disposal systems as identified in this
Code. Prior to the issuance of a Sewage Disposal System
Construction Permit, an applicant shall obtain an Operational
Permit when required.
Operational permits shall be required for all subsurface
disposal systems permitted after the effective date of this
regulation. Operational permits shall also be required for
existing systems at time of sale of property, when systems are
repaired, or expanded or when required of specific areas as
contained in the conditions of a Geologically Sensitive Area.

      10.6.1 Operational Permit Required. An Operational
permit may be required by the health officer for systems
initially approved by the Department of Ecology that are not
operated under a current NPDES or Washington State Discharge
permit.
The health officer shall apply conditions to the Operational
Permit as are reasonable and necessary for the safe and
sanitary operation of the sewage system.
      10.6.2 Renewal of Operational Permit. The health
officer shall grant renewal of the Operational Permit when he
finds compliance with the conditions of the permit.
      10.6.3 Operational Permit, Time Period for Renewal. The
health officer shall establish a renewal period for Operational
Permits. The permit period shall be from one (1) to five (5)
years and shall be related to the need for operation,
maintenance and inspection.




                             4-30














      10.6.4 Covenant Required. A covenant showing the
existence of the Operational Permit shall be recorded by the
applicant with the Thurston County Auditor on a form approved
by the health officer.
      10.6.5 Transfer of Permit. The Operational Permit shall
run with the land and shall be considered to be valid under the
original terms of the permit during and after transfer of
ownership of property. The permit holder shall notify the
health officer of the transfer and provide a current mailing
address.
      10.6.6  Violation.  Failure to perform the conditions and
requirements of the Operational Permit during the performance
of the permit shall be a violation of this Code as per Article
1.
      10.6.7 Fee Required. A fee shall be charged for the
initial operational permit and for the renewal of the
Operational Permit as per Article 1.
      10.7    Dry Line Sewers.  Dry line sewers may be required
as part of the the system design. These dry line sewers shall
be employed to accomplish later sewer connection when they
would serve to eliminate future construction or reconstruction
problems.
SECTION 11: ON-SITE WASTE MANAGEMENT
Subsurface disposal systems shall be operated and maintained in
ways that minimize health hazards and water pollution and
minimize the risks of system failure. The health officer shall
require maintenance that is appropriate to the design of the
system, in keeping with the rules and guidelines of the State
Department of Health.
      11.1    When existing subdivisions or multiple housing
units or other facilities have been designed to have gross
densities that exceed three and five/tenths (3.5) housing units
per acre or waste flows of one thousand two hundred (1,200)
gallons/acre/day, and have valid permits, on-site sewage
 isposal systems shall not be permitted unless the perpetual
maintenance and management of the sewage disposal systems are
under the responsibility of an approved management system as
identified in paragraphs 11.2 and 11.3 of this section or under
operational permit issued by the health officer as per Section
10.6.
     11.2 Proposed subsurface sewage disposal systems
to be located within the boundary of an a proved sewerage
planning area shall conform with the provisions and standards
of the jurisdictional sewer utility.
     11.3  Sewage disposal systems serving housing densities
and/or flows exceeding that  dentified in paragraph 11.1 of

                             4-31

















3.3.3.5 of the EPA Design Manual. Sieve analysis shall be used
as the primary aid to determine texture, when deemed necessary
by the health officer. Site vegetation, percolation tests and
winter observation may be employed to determine acceptability
for on-site disposal purposes.

     14.7    Soil Evaluations and Reports.  Soil evaluations
and reports shall be performed and submitted by or under the
direct supervision of the health officer, a registered
sanitarian, professional engineer, registered soil scientist
(American Registry of Certified Professionals in Agronomy,
Crops and Soils) or certified designer all of which must have
knowledge and experience in the areas of soil and waste water
treatment and disposal.

SECTION 15: GEOLOGICALLY SENSITIVE AREAS
In an area declared by the Board of Health to be "geologically
sensitive", the health officer shall require such additional
reasonable standards adopted by the Board of Health as are
necessary to prevent health hazards and water pollution.
SECTION 16: INSPECTIONS
     16.1    All construction done and materials used in on-
site sewage disposal system shall be in conformance with the
provisions of Appendix B of this Article or approved design and
be subject to inspection by the health officer at any
reasonable time. He/she may stop work and revoke the sewage
disposal system permit when the provisions of these rules and
regulations have been violated. Use of the system is unlawful
until approval is given by the health officer. The date of
approval shall appear on the permit.

     16.1.1 The final inspection of standard on-site sewage
disposal systems shall be under the following conditions:
            a. The septic tank construction must be completed
and the covers removable so that the inside of the tank may be
inspected.
            b.  The entire absorption system must be completed
except for backfilling with top soil over the gravel protection
material.
     16.1.2 Prior to construction of a designed on-site sewage
disposal system, the installer shall notify the designer as to
the date of start of construction. The installer shall also
notify the designer when the on-site sewage disposal system is
complete and before it is covered.
     16.1.3 Designed on-site sewage disposal systems may be
subject to additional inspections as outlined below:
           F  a.  Prior to the installation of a designed septic
system, the designer may be required to certify to the health
officer that the system is installable as per the design.

                             4-38
















SECTION 24: APPEALS
Any person aggrieved by a decision, an inspection or notice
made by the health officer shall have the right to appeal the
matter as specified in Article I.

SECTION 25: WAIVER OF REGULATIONS
Whenever a strict interpretation of these regulations would
result in extreme hardship, the health officer may, upon
concurrence of the Board of Health, waive such regulations or
portion thereof; PROVIDED, That the waiver is consistent with
the intent of these regulations and that no public health
hazard will result. In the event the regulation to be waived
is also a State law or regulation, the concurrence of the
Secretary of the Washington State Department of Social and
Health Services must be obtained prior to the granting of the
waiver.
SECTION 30: MC ALLISTER GEOLOGICALLY SENSITIVE AREA.
     30.1    Creation of Geologically Sensitive Area.  Pursuant
to Chapter 70.05 RCW and Article IV, Section 15 in the Thurston
County Sanitary Code, the area described in subsection 30.2 of
this Section 30 constitutes a geologically sensitive area to be
known as the McAllister Geologically Sensitive Area (McAllister
GSA).
     30.2    Area of McAllister GSA.  The McAllister GSA com-
prises the territory shown on the parcel specific map entitled
"McAllister Geologically Sensitive Area, August 13, 1990", with
a notation referring to this Resolution in the custody of the
Thurston County Public Health and Social Services Department.
     30.3    Sewage Disposal Regulations.  In addition to any
other requirements imposed by this Code, the following require-
ments shall apply within the McAllister GSA:
             (a) Any on-site sewage disposal system for which
a permit to install, connect, repair, alter, extend or relocate
is issued on or after August 15, 1990
                  (i)   shall contain a pressure distribution
system in accord with State Department of Health Technical
Review Committee Guidelines;
                  (ii) shall have SSAS trenches or beds no
deeper than thirty (30) inches below the surface of the
ground;
                  (iii) shall have at least thirty-six (36)
inches of separation between the bottom of any SSAS trenches
or beds and the maximum seasonal groundwater elevation or
any impermeable layer. The health officer may require greater
vertical separation pursuant to Section 5.2.2. of this Article
IV.  However, notwithstanding the provisions of Section 5.2.2
the health officer may not reduce the thirty-six (36) inch
vertical separation required by this Section.
                             4-46
















             (b) An operational permit is required for
any on-site sewage disposal system for which a permit to
install, connect, repair, alter, extend or relocate is issued
on or after August 15, 1990, or which is part of a sale of
property on or after August 15, 1990. The operational permit
may be re-
voked when:
                  (i)   the on-site system fails to meet the
maintenance and operational conditional or requirements of the
permit, or
                  (ii)  the on-site system fails to meet any
standard or requirement imposed by law. The operational permit
shall be revoked when any dwelling unit or other premises where
sewage originates is required to connect to connect to public
sewer pursuant to subsection 30.3(c), below. Unless
inconsistent with this section, all other provisions of Article
IV, Section 10.6 of this Code shall apply to operational
permits. (c) Whether or not an operational permit is
required, any dwelling unit or other premises where sewage
originates within two hundred (200) feet of a public sewer
system shall be connected to the sewer system pursuant to
Article IV, Sections 6.1 through 6.1.4 and 6.2 through 6.6.2 of
this Code.
             (d) Building site approvals may be issued for
uses other than single or multi-family residential only if
                  (i)   the designed sewage flow is no greater
than 450 gallons per five acres per day, and
                  (ii)  the waste entering on the on-site
system is equivalent in quality to typical residential waste.
     30.4   Agriculture.
             (a) The Thurston County Cooperative Extension
Office is requested annually to review best management
practices for the use of pesticides and fertilizers with the
McAllister GSA. The procedures used in this review should be
submitted to the Board of Health for approval by January 1,
1991.
             (b) The health officer shall work with the North
Thurston School District and any public or private agency
owning or operating parks within the McAllister GSA to obtain
better compliance with best management practices for pesticides
and fertil zers.
     30.5   Stormwater and Hazardous Materials.
             (a) Pesticides shall not be used to maintain any
County property in McAllister GSA.
             (b) The health officer shall send letters to the
director of the State Department of Transportation and to the
governing officials of the Fort Lewis Military Reservation,
Nisqually Indian Reservation and Puget Power requesting that
chemical methods not be used to maintain any rights-of-way
located within the McAllister GSA or over groundwater which
the health officer deems is connected to the aquifer under-
lying the McAllister GSA.

                             4-47
















             (c) The health officer shall write a letter to
the director of the State Department of Ecology requesting
that applications for the use of aquatic pesticides in Lake
St. Clair be granted only upon a finding by the health
officer that the proposed use will not likely threaten
groundwater.
             (d) The health officer shall advise Burlington
Northern Railroad and Amtrak of the vulnerable nature of
groundwater in the McAllister GSA and request that each:
                  (i)   cease discharging sewage and waste
water along tracks within the McAllister GSA, and
                  (ii) cease using chemical methods to main-
tain rights-of-way with the GSA. The health officer shall also
request Burlington Northern and Amntak to coordinate emergency
management procedures with the County for spills and accidents
within the McAllister GSA.
             (e) By December 31, 1990, the health officer
shall review existing and proposed requirements for stormwater
management governing public or private developments. If the
health officer deems such requirements insufficient to protect
groundwater in the McAllister GSA, he shall propose stormwater
management requirements which are sufficient to that end.
     30.6 Education. The Office of Water Quality and Resource
Management shall conduct a public education program in the
McAllister GSA.  The purpose of this program shall be to
protect groundwater by instructing residents in proper lawn
care and gardening practices, septic system maintenance, and
handling and disposal of household hazardous waste.























                             4-48










                  'Appendix3













~~~~~~~~~~I c









        THE1 7k  7 

ADMINIS~ TRA TIVEj






      - . Ad.-:-..ï¿½sS:--rï¿½e ~ear-:nc _nd Acï¿½ï¿½-.-_ss- --:'e  --_=e.
 .'----'e -. Section 3.

     if a violator does not resoond to the notice of
violation by the time limit established t--erein, -te
deuar=ent should call for an administrative hearing. Such
a hearing is necessary before any order can be issued bv te
depar ent.

     The depa__ent must notify the violator of the
administrative hearing.  The notice for the admnist--ative
hearing shall:  a) be in writing, b) include a brief and
concise description of the cause for the administrative
hearLng, c) state the date, time and location of the
adminis_-rative hearing, and d) be served upon the person in
the marner provided in Section 7.1 of Article I.

     if, after the administrative hearing, the hearing
officer determines that a violation of the code has occurred
or is occurring, he may then issue an order. Such an order
may include the suspension or revocation of the effected
Per-it or license, the authorization for continued operation
subject to specific terms and conditions or other
appropriate action authorized by the code. Other action
authorized by the code includes the imposition of a civil
penalty of not less than $25 nor more than $200 for each
violation.  Article I, Section 12.3.

     A violator has the chance to appeal the findings and
crder made pursuant to an administrative hearing.  Similar
to the appeal for the notice of violation, an appeal of the
administrative order shall suspend any of the required
action except in the presence of an emergency health hazard
as set forh in Section 7.3.

     3.   Referr-l to Pr-secutina Attornev's Office.

     After the administ-ative process has been followed and
exhausted, the matter should then be turned over to the
Prosecuting Attorney's Office.  However, if there is a case
presenting an emergenc, the Prosec==ing Attorney's Office
should be contacted early in the proceedings.

     if the above procedure is followed, the amount of time
and energy a sta'f person spends on a case should be
sic-nificantly reduced.  This is because one letter is sent
out, the notice of violation, with a time line for
c-=mDliance.  If no compliance is accomplished within this
set time, the next step, an administrative hearing, should
be pursued immediately.  This action reduces the back and
fo---  c=rrespondence that can drag a case on for several
Icnths to several years.












                       CA.SE CZCXLIST


!.   Received and/or discovered complaint on

2.   Investigated and confirmed complaint on            (date).

     Facts recorded by:

     a) photographs
     b) field notes
     c) interviews with neighbors,, etc.

3.   Send notice of violation:

     a) Statement that there has been violation of code.
     b) Recite specific provisions of the code that have
        been violated.
     c) Recite specific facts that have been documented
        which constitute the violation of the code.
     d) Establish a reasonable time line for compliance.
     e) Advise violator of opportunity to appeal notice.

4.    If no action and/or compliance by the time lines set
     forth in the notice of violation, initiate an
     administrative hearing.

5.   Hold an administrative hearing and have order issued.

6. if no compliance with the administrative order, refer
     matter to Prosecuting Attorney's Office.











Environmental Health Staff
November 7, 1990
Page 3

does not stray into any area in which the general public is
excluded, the search would be considered valid under the
open fields doctrine.

     When a property owner does not consent to an
investigation of his property, the Health Department must
secure a search warrant from the court. An administrative
inspection warrant may be based on either 1) specific
evidence of an existing violation, or 2) a general
inspection program based on reasonable legislative or
administrative standards derived from neutral sources.

     An administrative warrant application based on the
general inspection program basis must describe the program
in sufficient detail to show that a) there is a reasonable
legislative or administrative inspection plan, b) that the
plan is justified and reasonable, and c) the desired
inspection fits within the plan. A warrant application
which is silent as to the precise nature of the inspection
program will be fatally flawed. Thus, if an owner/occupant
refuses entry to the health officer during a sanitary
survey, an inspection warrant may be requested even if the
health officer has no specific evidence of an existing
violation. The warrant would be requested under the theory
of a general inspection program.  Therefore, it is important
that the Health Department has a plan which describes the
nature of the inspection program in sufficient detail and
based on neutral criteria.  Requiring that a warrant be
based on this latter program, absence specific evidence of a
violation, insures that any inspection is reasonable and not
subject to the unbridled discretion of the agency making the
inspection.

     Alternatively, an administrative inspection warrant may
be based on specific evidence of an existing violation.
Under this basis, the affidavit must reflect a probable
cause that a violation of the law was occurring on the
premises sought to be searched at or about the time of the
issuance of the warrant.

     The functions of a warrant for an administrative
inspection provide assurances from a neutral officer that
the inspection is reasonable under the constitution, and
authorized by statute.  Further, a warrant would advise the
owner of the scope and object of the search beyond which
limits the inspector is not inspected to proceed.

     In the event a warrant is needed, the Prosecuting
Attorney's Office should be involved to prepare and make the
application for the warrant.










Environmental Health Staff
November 7, 1990
Page 4


     In summary, before a health official may enter onto
private property for the purposes of conducting water
quality surveys or general inspections he/she must either
secure 1) the occupant's consent to an inspection; or 2) an
inspection warrant.

     An inspection warrant will issue either on 1) specific
evidence of an existing violation; or 2) a general
inspection program based on neutral criteria.













                                           PATRICK D. SUTHERLAND
     2000 Lakeridge Drive S.W.. Olympia, WA 98502  PRISUTHERLA ND
            Telephone (206) 786-5540

               November 7, 1990


                      x O RAND U M


To:       Environmental Health Staff

FROH:     Elizabeth Petrich
          Deputy Prosecuting Attorney

RE:       Administrative Inspections/Searches


     The Health Department, in carrying out its duty of
protecting the public health and enforcing the sanitary and
water quality regulations, often needs to enter private
property. This memorandum addresses when, how and under
what conditions health personnel may enter onto private
property.

     The code authorizes the health officer or his designee
to inspect premises in the performance of his/her duty.
However, administrative inspections are subject to
constitutional scrutiny. Since 1967, the courts have
recognized that administrative searches of residences to
enforce municipal fire, health, or housing codes are subject



     1Article I of the Thurston County Sanitary Code
provides that:

           11.1 Enforcement.
           . . . In order to enforce the sanitary code
     the health officer is hereby authorized upon
     showing adequate identification to enter at any
     premises.

           11.2 Insvection.
          All premises covered by the sanitary code
     shall be subject to the inspection of the health
     officer . . . no person shall refuse to allow the
     health officer to fully inspect any and all
     premises requested in the performance of his/her
     duty.











Environmental Health Staff
November 7, 1990
Page 2

to the Fourth Amendment's prohibition against unreasonable
searches and seizures.

     The general rule is that

          except in certain carefully defined
          classes of cases, a search of private
          property without proper consent is
          unreasonable unless it has been
          authorized by a valid search warrant.z

     The basic purpose of the Fourth Amendment is to
safeguard the privacy and security of individuals against
arbitrary invasions by government officials. While routine
inspections of the physical condition of private property is
a less hostile intrusion then the typical police officer's
search for fruits of a crime, such inspection does in fact
jeopardize the interest of the property owner by potentially
subjecting him to civil penalties and criminal processes to
enforce a health code.

     As indicated above, a warrant is not required when the
owner voluntarily consents to the search. Thus, where
consent is given to a health officer to conduct searches or
inspections without warrants, these searches have been
recognized to be constitutionally valid. However, there are
two caveats to the consent exception to the warrant
requirement. Consent must be unambiguous. Consent given by
one who believes he is required to do so by law is not a
knowing and voluntary waiver of constitutional rights, but
is instead an acquiescence to a claim of lawful authority.
The second caveat to the consent exception is where consent
to inspect is given far in advance of the time of the actual
inspection. For example, if the health officer obtains
consent on day one and does not conduct the inspection until
day 30, the inspection will be deemed to be too far removed
in time from the occupant's consent as to make it
nonconsentual.

     A second exception to the warrant requirement is under
the open fields doctrine.  There is no Fourth Amendment
protection against observations by a public official of what
is observable by the general public while located where they
are lawfully allowed.  For example, if the health officer
observes something from the street, and the health officer


     ZCamara v. MuniciDal Court, 387 U.S. 523, 87 Sup.Ct.
1723, 18 Law.Ed.2d 930 (1967).












  ~~IVI


I
  I~POCS


I














                   RESOLUTION NO.    e/_

A RESOLUTION designating violations of Thurston County
     Sanitary Code Articles IV and V as civil infractions
     pursuant to Chapter 7.80 RCW and requiring monetary
     payments for such infractions; amending Sanitary Code
     Article I, Sections 8, 9, 11, 12; Article IV, Sections
     23 and 24 and Article V, Sections 26 and 30.1; and
     adding a new section to Article I.

     WHEREAS, violations of regulations governing the
disposal of sewage and the handling of solid waste create
conditions which are harmful to the public health, safety
and welfare, and may cause land, air and water pollution;

     WHEREAS, it is important to remedy this harm to the
greatest extent feasible; and

     WHEREAS, the civil infraction procedure established in
Chapter 7.80 RCW should provide an effective method of
remedying these violations, protect the public from the
harmful effects of these violations, aid enforcement and
reimburse the County for the expenses of enforcement.

     NOW, THEREFORE, BE IT RESOLVED BY THE T-HURSTON COUNTY
BOARD OF HEALTH as follows:

     Section 1. A new subsection 11.3 is hereby added to
Thurston County Sanitary Code (Sanitary Code) Article I,
Section 11 to read as follows:

          11.3 Relation of Administrative Procedures. The
civil infraction procedure adopted by Section 18 of Article
I provides an additional method of civil enforcement to
administrative procedures found in Sections 7, 8 and 9 of
this Article I.  The initiation of a proceeding under
Sections 7, 8 or 9 of Article I is not a prerequisite to the
initiation of a civil infraction proceeding under Section 18
of Article I. The initiation of a proceeding under Sections
7, 8 or 9 of Article I does not preclude the initiation of a
civil infraction proceeding under Section 18 of Article I.

     Section 2. Sanitary Code Article I, Subsection 12.3 is
hereby amended to read as follows:

          12.3  Civil . .etna-  Monetarv Liabilitv.  Any
person violating t.         -'' I_        --   -  --
  .e-^-. "- :- . ... ....   - *.-. -- ---  z '--  the
provisions of Aricle IV or Article V of this Code is

RESOLUTION - I









subiect to monetary liability under the civil infraction
=rocedure brovided in Section 18 of this Article I.

     Section 3. Sanitary Code Article I, Subsection 12.4 is
hereby amended to read as follows:

           12.4  Misdemeanor Penalty.  I_-_    t 
-. c:.::', _Any person violating this Code shall be guilty
of a misdemeanor, and upon conviction shall be subject to a
fine of not '=      ...e l.z  ..zr more than $':G.a4 $500.00
or to imprisonment in the county jail not to exceed ninety
(90) days or to both fine and imprisonment.

     Section 4. Sanitary Code Article IV, Section 23 is
hereby amended to read as follows:

     Section 23:    .A..i  CIVIL INFRACTION. ._.: -_h,_,

          23.!  The violation of any provision of this
Article IV is desianated as a civil infraction pursuant to
Chanter 7.80 RCW as follows:
                (l] any violation causina unsanitary
conditions or any threat to nublic health is a Class 3
civil infraction. Each dav of any such violation is a
senarate civil infraction' A notice of infraction mav be
issued for each day of any such violation. however the
health officer is not recuired to issue a notice of
infraction for each dav of such violation.
                (2) any other violation is a Class 3 civil
Infraction. Each day of any such violation is a separate
civil infraction: A notice of infraction mav be issued for
each dav of any such violation. however the health officer
is not recuired to issue a notice of infraction for each dav
of such violation.
          23.2 Civil infractions shall be determined
mursuant to Chapter 7.80 RCW and Article r. Section 18 of
this Sanitary Code.

     Section 5. Sanitary Code Article IV, Section 24 is
hereby amended to read as follows:

     SECTION 24: APPEALS. Any person aggrieved by a
decision, an inspection or notice made by the health officer
shall have the right to appeal the matter as specified in
Article I. Civil infractions shall be heard and determined
accordina to Chanter 7.80 RCW.

     Section 6. Sanitary Code Article V, Section 26 is
hereby amended to read as follows:

     SECTION 26:    LT'-l "S CIVIL INFRACTION.
-n___ -_ .____ __ _ _  -^ - -  .L....  ___ _    X___
               _ ï¿½* ï¿½ "..   _ _ _, _  _-*.- - - '       --  --


*RESOLUTION - 2










    J k 5 --    :          - '     --        .-.. --i-e

          zi a - C-las 2 ci il- ifct -in  -
            -       .--- - -  -- --------- --




                 The violation of any Provision of this
Article V is desianated as a civil infraction vursuant to

               (2l any violation of Section 14.2.1 or 24.1
is a Class 2 civil infraction;
                (2) any violation of Section 6 is a Class 2
civil infraction;
               (3) any violation of Section 14.2.3. 24.2 or
24.6 is a Class 2 civil infraction.  Each dav of any such
violation is a separate civil infraction: A notice of
infraction mav be issued for each dav of any such violation.
however the health officer is not recuired to issue a notice
of infraction for each dav of such violation.
                (4) any other violation is a Class 3 civil
infraction.  Each dav of any such violation is a separate
civil infraction; A notice of infraction mav be issued for
each dav of any such violation. however the health officer
is not recuired to issue a notice of infraction for each day
of such violation.
          26.2 Civil infractions shall be determined
Pursuant to Chanter 7.30 RCW and Article I. Section 18 of
this Sanitary Code.

     Section 7. Sanitary Code Article V, Section 30 is
hereby amended to read as follows:

     SECTION 30:  CRIMINAL PENALTIES.
                               _-' _:  Z . .' -. *1  I _ _1 Z .-


          ^.2  Z-_i-_'i  --~ ti ...=.  Criminal penalties may
be levied as per Article I of the Thurston County Sanitary
Code.

     Section 8. A new Section 18 is added to Sanitary Code
Article I to read as follows:

     SECTION 18:  CI"TL INFRACTIONS.

          18.1.  Purpose.  It is imperative that county
health regulations governing the disposal of sewage and t.he
handling of solid waste be properly enforced. To better
accomplish this goal, the Thurston County Board of Health
has designated certain violations of this Sanitary Code to
be civil infractions pursuant to Chapter 7.80 RCW. The
purpose of this action is remedial.  Use of the civil
infraction procedure will better protect the public from the
harmful effects of violations, will aid enforcement, and

RESOLUTION - 3









will help reimburse the County for the expenses of
enforcement.
          18.2. Determination of Civil Tnfractions.
Violations of the provisions of Articles IV and V of this
Sanitary Code are designated as civil infractions pursuant
to Chapter 7.80 RC'. Civil infractions shall be heard and
determined according to Chapter 7.80 RCW, as amended, and
any applicable court rules.
          18.3. Desianation of Enforcement Officer. The
enforcement officer for violations of the Thurston County
Sanitary Code which are designated as civil infractions is
the health officer or his or her designee.
          18.4. Identification of Violators. An
enforcement officer issuing a notice of civil infraction
shall require the person receiving the notice to identify
himself by producing a valid driver's license or identicard.
If the person receiving the notice is unable to produce such
a card, the enforcement.officer shall require the person to
give name, address and date of birth. If the person is
unable or unwilling to give such information, the
enforcement officer may, with the assistance of a deputy
sheriff, detain such person for a period of time not longer
than is reasonably necessary to identify the person.
          18.5. Administrative Responsibilities. The
Thurston County Health Officer is responsible for assuring
County compliance with RCW 7.80.150.
          18.6. Recordina of Civil Infractions.
             18.6.1 Notice of civil infraction may be
recorded with the Thurston County Auditor against the
property on which the violation took place in the following
instances:
                   (a) The person receiving the notice of
civil infraction does not respond as required by RCW
7.80.080;
                   (b) The person receiving the notice of
civil infraction fails to appear at a hearing requested
under RCW 7.80.080(3) or (4);
                   (c) The person assessed a monetary
penalty for the civil infraction fails to pay such penalty
within the time required by law and does not appeal the
penalty.  If the penalty is appealed, the enforcement
officer may record the notice of civil infraction only if a
penalty remains unpaid after a final appellate determination
has been entered.
             18.6.2 The Auditor shall record any notice of
civil infraction submitted for recording under this section.

     Section 9. Effective Date. This Resolution shall take
effect on April 1, 1991.

     Section 10. Expiration Date. This Resolution shall
expire one year from the effective date of the Resolution,
unless further action is taken by the board of health.



RESOLUTION - 4










     Section 11. Severability. If any provision of this
Resolution or its application to any person or circumstance
is held invalid, the remainder of the Resolution or the
application of the provision to other persons or
circumstances is not affected.

     ADOPTED: Lj;1/' ,. tl,  /cts,/

                               BOARD OF HEALTH
ATTEST:                       Thurstotn County,   Washington



Clerk of the Board             hairan

APPROVED AS TO FORM:

PA.TRICK D. SUTHEPLAND        Memb  U
PROSECUTING ATTORNEY


By: SL . ,                    iMmber 
   Elizaibeth Petrich
   Deputy Prosecuting Attorney

(,ORK\aRD ,\SAN ITARY.EP2) t L o)































RESOLUTION - 5                  ____













                                        ICE    r C  V I  I I FRACION  PROCESS





                                                     otPLAINI  CONFIRMEED  Y INVESTIGATION


                                             ENFORCEMENT OFFICER TRIES TO GAIN VOLUNTARY COOPERATION



                                INO VOLUNIARY COOPERATI    I  COOPERATION--NO VIOLAIION |


                           ADHINISIRATIVE NOIICE OF VIOLATION
                            (Given time frame for complinnce)



                NO RESPONSE  0 NOTICE OF VIOLATION I        I COHrLIANCE/DISHISSAL OF ENFORCEHENT ACTION



 [ CIVIL INFRACTION CIIATION ISSUED            COMPLIANCE/CIIAIION DISHISSED


               I                                      I                                                       I ,
 | VIOLATOR CONTESTS CITATIONH  IVIOLATOR REQUESS MITIGATION IIEARING          VIOLATOR PAYS PENALTY--DETERHINAtION OF INFRACIONH FINAL


         I          _               I                                       I           I
     EARG           ;COHMPLIANCE/DISHMISS CITATION             EARING  COMPIANCE/DISMISS CITATION



GUILIY/PENALTY ASSESSED H      OT GUILIY/CIIATION DISHISSEDJ I ORDER/PENALIY ASSESSED


_      I       .           1        1
IAIlURE 10 PAY PENALTY       PAY PENALTY



ICOURT IUNITIATES COLLECIIAR

                                                                                                                (UWRK\TIISC\CIIART.EP)(I o)















                                                      RCW 7.80

                                              CIVIL INFRACTIONS




                                                   CITATION  ISSUED !BY:




            I ENFORCEMENT OFFICER WHEN  INFRACTION   BY COURT  IF ENFORCEHENT OFFICER  FILES
              OCCURS  IN OFFICER'S  PRESENCE                           WRI TTEN STATEMENT THAT  INFRACTION OCCURRED!
                                                                   IN HIS PRESENCE OR HE HAS REASONAB3LE
                                                                   CAUSE TO BELIEVE INFRACTION COMMITTED





                                                  SERVICE OF CITATION BY:




                     AT TIME OF  ISSUANCE  I                                    HAS BEEN FILED EITHER
                                                              Ii iI~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

                    I                           AT TiHE OF ZSSUA#CE              PERSONALLY OR BY MAIL




                                               THREE POSSIBLE RESPONSES j
                                               TO CITATION BY VIOLATOR   !



                  PAY PENALTY  I            j CONTEST CITATION                 DO NOT CONTEST CITATION,  BUT
                                         REQUESTS HEARING                    RE QUESTS MITIGATION  HEARING


























(WORK\MISCCXART2.EP)(.tLc)











First Contact Letter





April 10, 1991


Mr. John Smith
1234 Friendly Drive NW
Olympia WA
98502

Subject: On-site Sewage System, repair required
Log Number: 91-54-077

Dear Mr Smith,

The Environmental Health Division has received information
regarding a possible violation of the Thurston County Sanitary
Code, on your property at 1234 Friendly Drive NW, Parcel Number
4777 03 07700.

We have investigated the report and have found that there is
surfacing sewage effluent.

In order to resolve this issue, please contact me at 786-5455 to
discuss possible methods of correction. If I am not available when
you call, please leave your name, phone number and the best way to
reach you.   Please use the log number (91-54-077) to help us
respond to you.

If there are any matters that need to be clarified or any factual
matter corrected, we will assist in every way we can.


Sincerely,




David Tipton R.S.




cc: Phil Brinker
    Section Sup.



















May 5, 1991

Mr. John- Smith
1234 Friendly Drive NW
Olympia WA
98502


Subj ect: Notice of Violation and order to Correct

Log Number: 91-54-077


Dear Mr. Smith,


The Division of Environmental Health has received information that
there is sewage on the surface of the ground on your property at
1234 Friendly Drive NW, Olympia WA, (lot 77, block 3 Plat of
Prestige Estates, Parcel No. 4777 03 07700). The surfacing sewage
was confirmed by direct observation and by laboratory analysis.
This surfacing sewage is a violation of Article IV sections 1.2,
1.2.1, 1.3 and 17.3 of the Thurston County Sanitary Code.


You are hereby directed to take the following actions:

1. Complete and submit..a sewage system repair permit application by
   May 15, 1991. (Application and instructions enclosed)

2. Engage the services of an Engineer licensed in the State of
Washington or a Sewage System Designer licensed by Thurston County
Health Department. A completed design shall be submitted by June
is, 1991.

3. Engage the services of a licensed Installer and complete the
installation by July 15, 1991.

4. Until the sewage system is repaired, actions to eliminate the
surfacing sewage, and or reduce the health hazard are required. A
proposal for temporary health hazard reduction must be submitted in
writing with your repair permit application by May 15, 1991. See
the enclosed list of methods, some of which may be applicable in
your case.








Page 2 of 2

5. At your request, an appointment can be arranged to assist you in
completing the listed requirements.


You may appeal the requirements listed above by requesting an
Administrative Hearina in writing on or before May 15, 1991. You
would be notified of the hearing date and time.


 Failure to take these actions. or to aDoeal this directive may
 result in the issuance of a Citation for a Class 3 civil infraction
 in the amount of $50.00. Each day of any such violation is a separate
 civil infraction. This citation must then be resolved through the
 Thurston County District Court.

If you have questions in any of these matters please call 786-5455,
the Environmental Health Office.


Sincerely,


David Tipton, RS
Compliance Officer


cc: Prosecuting Attorney
    Phil Brinker
    Gregg Grunenfelder




CDL B-i 90-91
CPSAMPLE. 405







NOTIFICATION PROCESS

A. Send notice of violation

    1. State there is code violation

    2. Recite provisions of code in violation

    3. Recite the facts that document code violation

    4.  Recite statement of corrective action required

    5.  Establish time line for compliance

    6.  Advise violator of opportunity to appeal
         a.    If violator  requests  appeal  - hold
         Administrative Hearing

    7. If no action by time line stated in the notice of
         violation the department shall exercise the
         option to:
         a. Issue civil infraction, or
         b. Conduct Administrative Hearing

    8. Non-compliance - refer to prosecuting attorney







ENFORCEMENT

A. Case checklist:

     1.   Case Summary
          a. Cite code violation and evidence
          b. Brief narrative
     2.   Case Chronology
          a. Date complaint received
          b. Dates complaint investigated
          c. Dates of evidence
           d. Dates of correspondence and actions
     3.   Witness List
           a. Name(s), addresse(s), telephone numbers(s)
           b. Include self and complainant(s)
     4.   Evidence package
           a. Photographs, lab results, statements, etc.
     5.   Copies of all correspondence
     6.   Pertinent copies of records on file
           a. LCA/Operation permit reports
           b. Building Site Application
           c. Approved permits
           d. As-Builts
           e. Administrative hearing action(s), decision(s)
     7.   Site information
           a. Parcel number, legal description
           b. Property address of violation site (if available)
           c. Name, address of property owner or responsible
           party if other than
              occupant

     8.   Identification verification
           a. Name
           b. Drivers License Number
           c. Date of birth
     9.   Infraction citation if civil infraction is/will be issued.














Appendix4



         I. **,














                                    ARTIC.LE VI



     THIS ARTICLE CONTAINS THE RULES AND REGULATIONS OF THE THURSTON

COUNTY BOARD OF HEALTH GOVERNING NONPOINT SOURCE POLLUTION.





     SECTION 1: Authority

     SECTION 2: Purpose Objectives, and Applicability

     SECTION 3: Definitions

     SECTION 4: Practices and Procedures

     SECTION 5: Inspections and Administration

     SECTION 6: Civil Infractions

     SECTION 7: Injunctive Actions

     SECTION 8: Criminal Penalty

     SECTION 9: Clean-up Responsibilities

     SECTION 10:Severability

     SECTION 11:Effective Date and Review Committee








                                 DRAFT #6: 3/3/92


SECTION 1: Authority

1.1   The Thurston County Board of Health is granted authority in Chapter 70.05 of the
Revised Code of Washington (RCW) to implement this Article and the following regulations
governing nonpoint source pollution. The requirements of this Article are in addition to
Article IV and V of the Thurston County Sanitary Code and existing state regulations,
including Chapter 90.48 RCW and Chapter 173-201 WAC which regulate nonpoint source
pollution.

SECTION 2: Purpose, objective, and applicability

2.1    The purpose of this Article is to establish a Thurston County nonpoint pollution
ordinance which fits into a comprehensive package of approaches to nonpoint pollution
source control and is consistent with other city, county, and state regulations. This Article
is consistent with the Compliance Memorandum of Agreement (May 1988) among the
Department of Ecology, The Thurston Conservation District and The Washington State
Conservation Commission. This article establishes a set of practices and procedures which
protect the waters of Thurston County against nonpoint source pollution. It enables
protection of public health, protection and improvement of water quality, and protection of
present and future uses of water while recognizing the balance of community viability and
environmental protection.   It applies to all persons, activities and locations in Thurston
County.


SECTION 3: Definitions
When used in this Article, the following terms shall have the meanings defined below.

Aronomic Rates - means the rates of application of sludges, manures, or crop residues
specified by the appropriate fertilizer guide for the crop under cultivation.

Animal waste - means urine or fecal waste (containing fecal coliform bacteria) from
domestic animals; animal waste is not limited to solid fecal material.

Best Management Practice (BMP) - an engineered structure or management activity, or
combination of these, that eliminates or reduces an adverse environmental effect of a
pollutant. These may have specifications or may be something as simple as following label
directions.

Conservation District (District) - means the Thurston Conservation District.


Department - means the Thurston County Public Health and Social Services Department.



                                                                                     2








                                  DRAFT #6: 3/3/92


Domestic animals - means animals that are habituated to live in or about the habitations of
people.

Farm onerator - means the person(s) who are responsible for the daily farm management.

Farm plan - means a plan developed by a farm operator in cooperation with a resource
agency and approved by the Conservation District board of supervisors for managing
resources on a farm to protect water quality.

Ground water - means water in a saturated zone or stratum beneath the surface of land or
below a surface water body.

Hazardous materials - means those materials Which are acutely toxic, ignitable, corrosive,
reactive, persistent, carcinogenic,; or leach hazardous constituents, as described in Chapter
173-303 WAC. Examples include, but are not limited to pesticides, acids, paint strippers,
and antifreeze.

Hazardous waste - means those wastes which are acutely toxic, ignitable, corrosive, reactive,
persistent, carcinogenic, or specifically listed as hazardous waste or leach hazardous
constituents, as described in Chapter 173-303 WAC. Examples include, but are not limited
to pesticides, acids, paint strippers, and antifreeze.

Health officer - means the Thurston County Health Officer or his/her authorized
representative.

Moderate risk waste - means two types of hazardous wastes: 1)hazardous waste generated
by households, called Household Hazardous Waste; and 2)hazardous waste generated by
businesses in amounts less than the quantity exclusion limit established in Chapter 173-303-
070 through 173-303-103 WAC, which is most commonly 220 pounds per month or batch,
called Small Quantity Generator waste.

Nonnoint Dollution - means pollution that enters any waters from any dispersed land-based
or water-based activities, including but not limited to atmospheric deposition, surface water
runoff from agricultural lands, urban areas, or forest lands, subsurface or underground
sources or discharges from boats or marine vessels.

Person - individual, municipality, political subdivision, government agency, partnership,
corporation, business or any other organization.

Recycling - means to use, reuse or reclaim a material in a manner allowed by law.

Runoff - means the portion of precipitation on the land that is not absorbed by the soil or
plant material or evapotranspiration and which reaches a waterway.


                                                                                       3








                                  DRAFT #6: 3/3/92


Surface water - means any body of water, whether fresh or marine, which either flows or is
contained in natural or artificial depressions for significant periods of the year. Such bodies
include, but are not limited to, natural and artificial lakes, ponds, rivers, streams, swamps
marshes, tidal waters, wetlands and natural or man-made drainage systems.


SECTION 4: Practices and Procedures

4.1      Moderate risk waste and petroleum products, including but not limited to oil and
grease, shall be disposed of by recycling or use of a hazardous waste management facility
operating under interim status or with a permit issued by EPA or an authorized state. Such
facilities include but are not limited to the County's Hazo House for citizens or contracted
hazardous waste management facilities for moderate risk waste generators. No person shall,
intentionally or negligently, dump or deposit, or permit the dumping or depositing of any
such waste in any other manner, including onto or under the surface of the ground or into
surface water or ground water.   Moderate risk waste, petroleum products, and hazardous
materials must be kept in containers and must be stored in such a manner and location that
if the container is ruptured, the contents will not discharge, flow, be washed or fall into
surface water or ground water. This does not supersede any regulations as stated in the
Uniform Fire Code. Any person violating this section or owning or in possession of the
premises, facility, vehicle or vessel from or on which the waste is discharged or placed shall
notify the Department of the location and nature of the incident and shall immediately take
or cause to be taken all necessary steps to prevent injury and protect waters from pollution.
The Health Officer may notify Washington State Department of Ecology of the discharge
and request their appropriate response.


4.2   (a)   Except as provided below, farm operators and animal owners shall not allow
domestic animals to have access to surface water. This may be accomplished through use
of fencing, vegetative barriers, natural features or other appropriate measures. Domestic
animals may be allowed access to surface water which is the only available watering source
if (i) watering locations are constructed in the water body through fencing, vegetative
barriers or other appropriate means, and (ii) the watering location and its immediate
approaches are protected from erosion through rocking or other appropriate means. This
sub-section does not apply to small domestic animals, such as dogs and cats, kept as pets for
noncommercial purposes.

      (b)   No person shall exceed agronomic rates in the application of sludge,
manure, or crop residues.

      (c)    Farm operators and animal owners shall not allow runoff to carry domestic
animal waste into surface water. This may be accomplished through appropriate measures
such as installing gutters and downspout to prevent runoff from mixing with animal waste,
maintaining proper stocking rates, locating livestock sacrifice areas as far away as practicable
from surface water, and maintaining proper pasture management practices or other best

                                                                                       4








                                  DRAFT #6: 3/3/92


management practices as recommended by the Soil Conservation Service or Conservation
District.

       (d)   This Section 4.2 does not apply to
              (i) farm operators with current District approved farm plans which are being
implemented and maintained as scheduled;
              (ii) animal waste which enters surface water or ground water as a result of a
storm event equal to or exceeding the 10 year storm event as defined in Appendix H of the
Drainage Desien and Erosion Control Manual for Thurston Countv and the Cities of Lacev.
Olvmnira. and Tumwater.
              (iii) stock watering ponds which are located farther than 300 feet from a
drinking water well and do not have outlets to surface water.


  4.3 These violations may occur as incidents or as on-going practices. Each incident and
each day in which an on-going violation continues is a separate violation.


SECTION 5: Inspections and Administration

5.1   The health officer shall request permission from the property owner to conduct an
investigation. If permission is denied, the health officer shall have recourse to the courts
to obtain a search warrant. Findings shall be noted and kept on file. A copy of the
investigation report shall be furnished to the responsible person within 14 days of the
completion of the investigation.


SECTION 6: Civil Infractions

6.1   Violations of this Article are civil infractions subject to penalties authorized by
Chapter 7.80 RCW and Article I of this Code. The Health Officer and any designee are the
compliance officers authorized to enforce the provisions of this Article.

6.2   If a violation of Section 4.1 of this Article involving the dumping or depositing of,
moderate risk waste, or petroleum products, including but not limited to oil and grease,
occurs in the presence of an compliance officer, the officer shall issue a notice of civil
infraction to the violator. If an compliance officer has reasonable cause to believe that such
a violation has been committed, the appropriate court shall be requested to issue a notice
of civil infraction pursuant to Chapter 7.80.050 RCW. Such violations are Class 1 civil
infractions.

6.3   If an compliance officer has reasonable cause to believe that a violation of Section
4.1 of this Article involving the storage or placement of hazardous materials, moderate risk
waste, or petroleum products, including but not limited to oil and grease, has occurred, then
the compliance officer shall notify the person responsible in person or by telephone, and by

                                                                                        5








                                  DRAFT #6: 3/3/92


mail, requesting compliance within a specified time period. The length of this period shall
depend on the risk to health and the environment posed by the violation and shall not
exceed ten (10) working days. If the violation continues after the expiration of this time
period, the compliance officer may issue or request a court to issue a notice of civil
infraction pursuant to RCW 7.08.050. Such violations are Class 3 civil infractions.

6.4   If an compliance officer has reasonable cause to believe that a violation of Section
4.2 of this Article has occurred, the officer shall notify the person responsible in person or
by telephone, and by mail. This notification shall give such person ten (10) working days to
seek technical assistance, if needed, and to begin planning and implementing measures to
correct the violation. If these steps are not taken within ten days or if reasonable progress
is not subsequently made to correct the violation, the compliance officer may issue or
request a court to issue a notice of civil infraction pursuant to RCW 7.80.050. Such
violations are Class 3 civil infractions.


SECTION 7: Injunctive Actions

7.1   In addition to any other penalty or method of enforcement, the Prosecuting Attorney
may bring actions for injunctive or other relief to enforce this Article.


SECTION 8: Criminal Penalty

8.1    Any violation of this Article for which a criminal penalty is not prescribed by state
law is a misdemeanor.


SECTION 9: Clean Up Responsibilities

9.1   Any person violating this Article shall, as directed by the compliance officer, collect,
remove, contain, treat or disperse any materials discharged into surface water or ground
water or onto the ground as a result of such violation. Any person violating this Article is
responsile for the reasonable expenses incurred by the County including collection,
removal, containment, treatment, laboratory testing of such materials.

9.2    The County may perform in-kind work or contract with qualified firms to perform
said work. Bills for work performed shall be sent to the violator and payment required
within thirty (30) days. If a bill is not paid within the required time, the County may take
all appropriate measures to collect the amount due, including the bringing of legal action.
Amounts not paid within the thirty (30) day period shall constitute a lien against the

                                                                                        6








                                 DRAFT #6: 3/3/92


property on which such work has taken place and shall accrue interest at a rate of


SECTION 10: Severability

10.1 If any provision of this Article or its application to any particular person or
circumstance is held to be invalid, the remainder of this Code and its application to other
persons or circumstances shall not be affected.


SECTION 11: Effective Date and Review Committee

11.1 This Article shall take effect 6 months after adoption.

11.2 This Article shall expire two years from the effective date. After the ordinance has
been in effect for 18 months a Review Committee shall be convened by the Thurston County
Board of Health to evaluate the ordinance, propose changes, and make recommendations
regarding continuance of the ordinance.


11.4 The Review Committee shall present its findings and make recommendations to the
Board of Health within three months of its first meeting.





















                                                                                     7









Appendix 5







                                CHAPTER 20.36

      ENVIRONMENTALLY SENSITIVE AREAS AND WETLAND FILL


Sections:

      20.36.010 Purpose
      20.36.020 Applicability
      20.36.030 Review
      20.36.040 Filling


20.36.010 Purmose. The purposes of this chapter are:

1.    To protect environmentally sensitive areas by regulating their development.

2.    To protect the general public from damage due to landslide, subsidence or
      erosion.

3.    O             il     .                                         B
                 8..  '  ' :             , _ _~~~~arin   e shellfish.

4.    To protect natural flood control and storm water storage from alterations to
      drainage or stream flow patterns.

5.    To safeguard migratory fowl, game animals and wildlife habitats.

6.    To minimize turbidity and pollution of wetlands and fish bearing waters and to
      maintain wildlife habitat.

7.    To protect the general public against avoidable losses from:

      a.    Maintenance and replacement of public facilities.

      b.    Property damage.

      c.     Subsidy cost of public mitigation of avoidable impacts.

      d.    Cost for public emergency rescue and relief operations.


                                      36- 1







8.    To alert appraisers, assessors, owners, potential buyers and lessees of the natural
      limitations of the sensitive areas.

9.    To protect unique, fragile and valuable elements of the environment.


20.36.020 ArDlicabilitv. This chapter shall apply to:

1.    Areas identified as being environmentally sensitive in the Comprehensive Plan
      (including sub-area plans).

2.    Wetlands, marshes, bogs and swamps over one (1) acre in size.  "Wetlands"
      means those areas that are inundated or saturated by ground or surface water at
      a frequency and duration sufficient to support, and that under normal
      circumstances do support, a prevalence of vegetation typically adapted for life in
      saturated soil conditions. Wetlands generally include swamps, marshes, bogs and
      similar areas.

3.    Geologic hazard areas, meaning those areas subject to a severe risk of landslide,
      due to the combination of:

       a.    Slopes greater than fifteen (15) percent.

       b.    Impermeable subsurface material (typically silt and clay), sometimes
             interbedded with permeable subsurface material (predominantly wet sand
             and gravel) between the top and base (foot) elevations.

       c.    Characterized by springs or seeping ground water during the wet season
             (November to February). These areas include both active and currently
             inactive slides.

4.    Critical wildlife habitat areas, meaning those areas which provide either valuable
       feeding, nesting, breeding or resident sites for endangered or threatened species
       as identified by the U. S. Department of Interior or the Washington State
       Department of Game.

5.    Anadromous fish rearing habitat.





                                        36 - 2







6.    Areas adjacent to marine bluffs along all shorelines of Puget Sound, including the
      west slope of Nisqually Delta above McAllister Creek between Nisqually Head
      and McAllister Springs, for a distance inland of two hundred (200) feet from the
      upland boundary of the mapped areas cited in subsection "a" below, or for the
      other slopes cited in subsection "b" below, two hundred (200) feet measured on
      a horizontal plane from the ordinary high-water mark; and where the following
      bluff conditions exist:

      a.    The slope is identified as "unstable" or "intermediate stability" on the maps
            of the Coastal Zone Atlas of Washington, Volume 8, Thurston County,
            prepared by Washington State Department of Ecology. (For areas not
             mapped by this source, refer to Class 2, 3 and 4 slopes on Slope Stability
             Map, Thurston County--Geologic Map GM-15, prepared by Washington
             State Department of Natural Resources).

      b.    Other slopes where the vertical height of the bank is in excess of twenty
             (20) feet.

7.    Upper Reach Management Unit of the Percival Creek Corridor Plan, Volume H.
      This area is designated as the Upper Reach Management Unit on the map entitled
      "Upper Reach Corridor Map," a copy of which shall be on file in the Planning
      Department. This map is adopted as a part of Title 20 of the Thurston County
      Code insofar as it indicates the Upper Reach Management Unit. (Ordinance
      No. 8672, 7/6/87)

8.    The Summit Lake Special Management Area shall include all lands which drain
      into Summit Lake (e.g. Summit Lake Watershed). This area is located on the
      map entitled "Summit Lake Watershed" a copy of which shall be on file in the
      Planning Department and a reduced copy is attached as Figure 36-1. This map
      shall indicate the location of "shoreline lots" and "upland lots", both of which
      must abut Summit Lake Shore Road. (Ordinance No. 9532, 8/6/90)











                                       36 - 3







20.36.030 Review.

1.    In addition to meeting any other requirements of this Zoning Ordinance,
      developments requiring a County permit or approval which are located upon
      property subject to this chapter, including developments which require only the
      issuance of a building permit, shall be reviewed as provided in this chapter.
      Developments requiring a decision by the Hearings Examiner shall be reviewed
      for compliance with this chapter by the Hearings  Examiner.   All other
      developments shall be reviewed for compliance by the Planning Department. The
      review authority may approve, deny or condition approval of a proposed
      development.

2.    For developments located in marine bluff areas defined by this chapter, the
      following requirements shall apply:

      a.    When Svecial Plans are Reauired.  Plans as specified in "2.b" of this
             subsection shall be required when the following conditions exist:

             (1)   Surface water runoff is toward the bluff; or

             (2)   Proposed structures, sanitary waste systems, or removal of existing
                   vegetation are within a 2:1 slope from the toe of the bluff. A 2:1
                   slope means a slope having a ratio of two (2) horizontal feet to one
                   (1) vertical foot.

      b.    Reauired Plans.  If the conditions named in "2.a" above exist, the
             following special plans shall be submitted prior to issuance of any County
             permit or approval, and implemented by the applicant if the permit is
             issued:

             (1)   Land Development Plan. This plan shall describe soils, topography
                   (including that of the marine bluff), existing vegetation, the areas to
                   be cleared and graded, including any proposed view corridors, the
                   location of major cuts and fills, proposed buildings, driveways,
                   marine bulkheads, septic, water supply and stormwater management
                   systems, anticipated schedule of development and vegetation
                   replantings, and the proposed measures and site management
                   practices for controlling erosion/sedimentation and runoff.




                                       36 - 4







      (2)   Drainage Plan.  This plan shall be prepared by a licensed civil
            engineer and include temporary erosion and sedimentation control
            to be undertaken during construction, as well as permanent surface
            drainage systems showing all impervious surfaces and the system
            for drainage control. The contents of the drainage plans shall
            comply with the requirements of 20.35.080(4). Also applicable are
            the mandatory requirements of drainage improvements prescribed by
            20.35.080(5).

      (3)   Septic System Plan. This shall be the septic system plan prepared
             for submittal to the Thurston County Health Department for the
             specific building project under consideration.


c.    Waiver of Reauired Plans.  For permits or approvals involving minor
      changes, alterations or additions to developed properties, some or all of the
      above plans may be waived by the County review authority if the scale and
      the nature of the proposed project or activity will not effect surface water
      runoff or ground water.

d.    Review of Reauired Plans

      (1)   Clearing,  grading  and other construction  activities shall not
             aggravate or result in slope instability or surface sloughing.

      (2)   There shall be minimum disturbance of trees and vegetation in order
             to minimize erosion and stabilize bluffs.

      (3)   Vegetation removal on the slopes of banks between the ordinary
             high-water mark and the top of the bank shall be minimized due to
             the potential for erosion. Selective tree removal on a limited basis
             may be appropriate to allow a view corridor to the water-, however,
             thinning of limbs of individual trees is a preferred alternative.

       (4)   No fill, dead vegetation (slash), or other foreign material shall be
             placed between the ordinary high-water mark and the top of the
             bank.





                                 36 - 5







            (5)   Structure foundations shall be placed below or beyond the 2:1 slope
                   line unless a soil engineering report prepared by a licensed civil
                   engineer indicates such a system will not affect slope stability.

            (6)   Regardless of Section 20.35.080(5)(a), surface drainage down the
                   face of the bluff should be avoided. If drainage must be discharged
                   from the bluff into Puget Sound (or McAllister Creek in the case of
                   Nisqually Delta bluff), it should be collected above the face of the
                   bluff and directed to Puget Sound (or McAllister Creek) by tight
                   line drain and provided with an energy dissipating device at the
                   shoreline. The number of drain ouflets should be minimized along
                   any bluff frontage.

             (7)   Surface drainage (including downspouts) that is directed away from
                   the bluff face should be collected in a tight line drain (or other
                   approved methods) for discharge to an acceptable natural drainage.
                   If necessary, the drain should terminate at the end of the drainage
                   course rather than at a point within the natural drainage course.

             (8)   Regardless of Section 20.35.080(5)(c), stormwater retention and
                   detention systems, including percolation systems utilizing buried
                   pipe or french drain, are strongly discouraged unless such systems
                   are designed by a licensed civil engineer and a soil engineering
                   report or engineering geology report indicates such a system will not
                   affect slope stability.

             (9)   In addition to normal Health Department drainfield requirements,
                   placement of drainfields shall be outside of the 2:1 slope from bluff
                   toe, unless otherwise justified by a licensed civil engineer.

3.    When reviewing a development proposal, the review authority shall consider
      information relevant to achieving the purposes of this chapter, and shall consider,
      where applicable, at least the following:

      a.    Soil and/or geologic limitations for on-site sewage disposal, roads or any
             other construction.

      b.    Natural drainage systems including marshes, bogs and waterways.




                                        36 - 6







      C.    Slopes and the effect of altering them as a result of construction or other
            intensive activity.

      d.    Water quality of surface waters and aquifers.

4.    The review authority may require that certain tests and other analytical studies be
      made prior to approval of development proposals or the granting of building
      permits in order that any environmental impact can be evaluated; and may require
      that mitigating steps be taken prior to, during or after construction in order that
      adverse effects can be minimized'or eliminated.

      The developer shall pay for or reimburse the County for the costs incurred in the
      conduct of such tests or studies and for the costs incurred by the County to
      engage technical consultants for review and interpretation of data and findings
      submitted by or on behalf of the developer.

5.    In addition to meeting the minimum standards of the underlying zone, the review
      authority may prescribe more restrictive:

      a.    Building and development coverage

      b.    Setbacks

      C.    Size of lots -and development sites

      d.    Height limits

      e.    Density limits

      f.    Restoration of ground cover and vegetation

      g.    Or other measures for environmental protection.

6.    Nothing contained herein shall be deemed to prevent the establishment or
      operation of commercial peat bogs.






                                        36 - 7







7.    In the Upper Reach Management Unit as defined in Section 20.36.020(7) a buffer
      of undisturbed native vegetation buffer at least 50 feet in width shall be retained
      adjacent to the associated wetlands of Black Lake. For the purposes of this
      section, "associated wetlands of Black Lake" includes any area designated as
      wetlands or associated wetlands by the State Department of Ecology pursuant to
      RCW 90.58.030(2)(f).

      a.    Existing structures or improvements which encroach into the required
             buffer area on the effective date of the implementing ordinance shall retain
             the existing buffer with no further clearing or habitat destruction.

      b.    The director of the Planning Department or his/her designee may reduce
             the wetland buffer when lots of record are less than two hundred (200) feet
             in depth from the front property line to the wetland edge. In this case, the
             buffer shall not be greater than fifty percent (50%) of parcel depth, but in
             no case reduced beyond twenty-five (25) feet. Further, in this case, a
             vegetation enhancement plan shall be provided and implemented for the
             wetland and/or its buffer.

       c.    Vegetation enhancement plans shall be designed to increase habitat or
             aquatic habitat by including riparian species similar to those listed in
             Suggestions for Stream Bank Reveaetation in Western Washington (1980).

       d.    This section shall not apply to lands within:  1) the right of way of Black
             Lake Boulevard, OR 2) twenty-five (25) feet of any building, in existence
             at the time of this amendment. (Ordinance No. 8672, 7/6/87)

8.    "Garages" as defined by the Uniform Building Code 1988, or as amended, may
       be constructed on upland lots identified on Figure 36-1 within the "Summit Lake
       Special Management Area" subject to the following standards:

       a.    The upland lot must be owned by a person who also owns a shoreline lot
             identified in Figure 36-1 and must have a residence on it.

       b.    In the case of a single family residence the garage shall be a single
             structure, one story in height, and no greater than 1800 square feet in size.
             In the case of a multi-family residence it shall also be a single structure,
             one story in height and limited to 500 square feet per multi-family unit.




                                        36 - 8







  c. Uses within the garages shall be limited to those allowed by the Uniform
      Building Code, with the following uses expressly prohibited:

      1.    Separate living unit,

      2.    Family member unit

      3.    Home Occupation, and

      4.    Home Based Industry.

d.    All garages constructed on upland lots which lie directly across the road
      from the shoreline lot in common ownership or within I upland lot on
      either side (refer to Figure 36-2) shall meet the setback standards-'of the
      underlying zone.

e.    Garages constructed on any other upland lot shall meet the following
      standards:

      1.    Obtain a Special Use Permit pursuant to Chapter 20.54, and

      2.  'Me standards for garages with a Special Use Permit shall be as
             follows:

             (A.)  Meet the setback standards of the underlying zone,

             (B.)  Provide buffers of native vegetation (either existing or
                   replanted) of 30 feet along the front property line and 20 feet
                   along the side property line, with this buffer to be located on
                   the upland lot and not within the right-of-way, (refer to
                   Figure 36-3) and

             (C.) Be compatible in design, color, shape, landscaping and size
                   to surrounding upland garages or residences within 1/4 mile.








                                36 - 9







     f.    A covenant shall be recorded with the titles of both the shoreline lot and
            the upland lot, prohibiting the sale of either lot separately. This covenant
            shall be substantially in the same form as Appendix 36-1. This covenant
            will be released by the Thurston County Planning Department when:

            1.    The upland garage is demolished, or

            2.    The upland garage site has a contract to be sold for new residence
                  and a building permit is part of the transaction, or

            3.    The upland garage site is sold lo another Summit Lake shoreline lot
                  owner subject to the following standards and a new covenant is filed
                   for those properties:

                   (A.)  Those upland lots described in 20.36.030 (8)(d) above, may
                         only be sold to a property owner for whom it would also
                         meet those standards (refer to Figure 36-4), and

                   (B.)  Those upland lots described in 20.36.030 (8)(e) above, may
                         be sold to any other Summit Lake shoreline lot owner.
                         (Ordinance 9532, 8/6/90)


20.36.040 Filling.

i.    Wetlands as defined by 20.36.020(2) may be filled for the purposes and in the
      manner described herein. All other filling of wetland is prohibited.

2.    Filling in conjunction with a project otherwise requiring County permit approval
      shall be reviewed by the Planning Department prior to the issuance of the first
      permit so required. Other proposed filling shall be reviewed and approved in
      writing by the Planning Department.










                                      36 - 10








3.    Permitted Fill. Fills of the following kind are allowed after review and approval
      if no feasible alternative exists, provided that the fill will not be located in the
      proximity of a domestic or public water intake, it will not occur in areas of
      concentrated shellfish production, the fill will not destroy a threatened or
      endangered species or critical habitat of that species, the fill will consist of
      suitable material free from toxic pollutants in other than trace quantities.

      a.    Minor road crossing fills, provided that the crossing is culverted or bridged
             to prevent the restriction of expected high flows.

       b.    Fill places incidental to the construction bridges.

      C.    The repair, rehabilitation or replacement of any previously authorized,
             currently serviceable fill, provided that the fill has not or will not be put
             to uses differing from uses specified for it in any permit authorizing its
             original construction.

       d.    Utility line crossings.

       e.    Bank stabilization.

       f.    Emergency measures for the protection of human safety, health or welfare.

4.    Erosion Control. Filling operations shall not result in any significant erosion of
       create any unstable land conditions.

5.    Site Restoration.  Disposal sites which have been completely filled shall be
       drained, tilled and-planted within the time prescribed by the review authority.
       Restoration shall be performed in such a way as to produce a terrain of natural
       appearance.

6.    Landfill Oualitv.  Fill shall consist of clean materials that will not result in
       leaching of chemical or solid contaminants into water bodies.

7.    Nothing contained herein shall be deemed to prevent filling in conjunction with
       public projects or uses of substantial public importance as determined by the
       Board of Thurston County Commissioners.





                                        36 -11







                                CHAPTER 20.35

      STANDARDS RELATING TO PHYSICAL LIMITATIONS OF LAND


Sections:

      20.35.010 Grounds for Disallowance of Development or Use
      20.35.020 Drainage Study Required for Development
      20.35.030 Soil Analysis Required-Slopes in Excess of Thirty Percent
      20.35.035 Soil Analysis-Slopes Twenty to Thirty Percent
      20.35.040 Extent of Land Clearing to be Shown
      20.35.050 Clearing and Grading on Ravines with Water Flow--Drainage
                   Easements
      20.35.060 Grading of Banks Bordering Puget Sound
      20.35.070 Protection of Open Space Land from Clearing and Grading
      20.35.080 Storm Water Drainage


20.35.010 Grounds for Disallowance of Development or Use. No development or
proposed use of land shall be allowed if there is evidence that its allowance would result
in any one or more of the following:

1.    The contamination of ground water resources.

2.    Deterioration of water quality of streams below the standards set by the State
      Department of Ecology or unreasonable alteration of stream beds.

3.    Damage to land or property resulting from changes in drainage patterns, increased
      water runoff or erosion.

4.    Damage to land or property resulting from slippage of soils along the shoreline
      or along other steeply sloping land.

5.    Damage to property or health hazard posed by inadequate sewage disposal.

6.    Property damage resulting from building on land having a seasonably high water
       table.

7.    Property damage resulting from building on soils subject to settling.


                                      35 - 1







20.35.020 Drainage Study Reauired for Develooment. Each application requiring
subdivision approval pursuant to Chapter 18.12 or site plan approval pursuant to
Chapter 20.37 shall include an adequate study by a licensed civil engineer of existing
and proposed drainage that indicates:

1.    The existing drainage patterns.

2.    Drainage exits from the property.

3.    An estimate of storm runoff.

4.    Anticipated effects of runoff of adjacent property.


20.35.030 Soil Analysis Reuuired-Slomes in Excess of Thirty Percent. A geologic and
soil survey and analysis, prepared by a licensed civil engineer, shall be required in order
to determine foundation stability for all proposed uses of land on slopes exceeding thirty
percent (30%). Where applicable, the survey and analysis shall be filed with the
Planning Director at the same time as the application for a plat or site plan is filed. No
building permit or sewage permit shall be issued on land having slopes in excess of
thirty percent (30%), Unless such a soil survey and analysis has also been filed with the
Thurston County Building Department and the Thurston County Health Department.


20.35.035 Soil Analvsis-Slopes Twenty to Thirty Percent. The Building Official may
require a soil and geologic analysis as specified above on any proposed use of land on
slopes of twenty percent (20%) to thirty percent (30%).


20.35.040 Extent of Land Clearina to be Shown.. An applicant for preliminary plat
approval pursuant to Chapter 18.12 or site plan review pursuant to Chapter 20.37 shall
indicate in his application the extent to which the land in the development is to be
cleared of trees or ground cover.









                                        35 - 2







20.35.050 Clearing and Grading on Ravines with Water Flow--Drainage Easements.
Clearing, grading, filling, construction or dumping of refuse or wastes shall not be
permitted in or on ravines with year-round or seasonal water flow, except when
necessary to preclude or retard erosion and when all required permits have been
obtained. In order to maintain natural water flow, drainage easements shall be required
in any development having such a ravine. Where drainage easements are required,
maintenance shall be assured through covenants, homeowners' associations, bonds or
such other means as the County Public Works Department shall approve.

20.35.060 Grading of Banks Bordering Puget Sound. No bank or ravine bordering on
shorelines regulated by the Shoreline Master Program shall be graded and cut through
(in any depth) for the purpose of constructing a road, path or other access to the water
without providing a plan prepared by a licensed engineer that will assure the stability of
the bank or ravine, except for roads constructed under the Forest Practices Act.


20.35.070 Protection of ODen SDace Land from Clearing and Grading. Soil, material
or equipment shall not be moved across or through any area accepted as open space in
accordance with Chapter 20.32 (Open Space) except for the purpose of placing
underground utilities or as allowed under 20.32.040. Any areas disturbed for placement
of utilities should be returned as nearly as possible to its natural condition. A building
permit shall not be issued for building on any land abutting open space land, unless the
applicant demonstrates to the satisfaction of the Building Department that he will comply
with this Section.


20.35.080 Storm Water Drainage.

1 Purpose.      The intent of this Section is to insure the public health, safety and
      welfare in a manner that is environmentally sound and appropriate to the district
      in which the proposed development is to take place. Furthermore, this Section
      is necessary in order to minimize water quality degradation and to prevent the
      sedimentation of creeks, streams, ponds, lakes and other water bodies; to protect
      property owners adjacent to developing land from increased runoff rates which
      are likely to cause erosion of abutting property; to preserve and enhance the
       suitability of waters for recreation and fishing; to preserve and enhance the
       aesthetic quality of the waters; to promote sound development practices which
       respect and preserve the natural drainageways; to insure the safety of county roads
       and rights-of-way; to decrease surface water damage to public and private



                                       35 - 3







      property; and to encourage innovation in the design of proposed developments
      that are both functional and attractive.

2.    Submission of a Drainaae Plan. All persons applying for any of the permits
      required by this Ordinance and noted in the district/use/site review standards as
      requiring a drainage plan, shall submit a drainage plan for approval with their
      application. It is recommended that before developing this plan that the applicant
      and/or his engineer contact the Public Works Department for any clarification
      they may need.

3.    The plan requirements established in this Section will apply except when the
      applicant demonstrates to the satisfaction of the Public Works and Planning
      Departments that the proposed development and/or activity:

      a.    Will not significantly impact the water quality conditions of any affected
             receiving bodies of water.

       b.    Will not alter the drainage patterns, increase peak discharge, or cause
             adverse effects in the drainage area.

       c.    Will not significantly impact other properties or the drainage plans and
             facilities of adjacent land to be developed in the future.

4.    Contents of a Drainaie Plan.  The drainage plan when required shall address
       surface and pertinent subsurface water flows entering, flowing within and leaving
       the subject property. The detailed form and contents of the drainage plan shall
       be described in the Compliance Manual. The procedures shall set forth the
       manner of presenting the following required information:

       a.    Engineering computations for sizing drainage facilities with an emphasis
             on requiring, wherever possible, the retaining of additional runoff generated
             on-site and reduction of peak flow to pre-development levels. These
             computations shall include: (1) depiction of the drainage area on a
             topographical map of a scale of one inch equal to fifty (50) feet and two
             (2) or five (5) foot contours as required, with acreage of the site,
             development and impervious areas indicated; (2) indication of the peak
             discharge and amount of surface water currently entering and leaving the
             subject property resulting from the design storm, indication of the peak
             discharge and amount of runoff resulting from the design storm which will
             be generated within the subject property after development is completed.

                                       35 - 4








      b.    Requirements of this paragraph may be modified at the discretion of the
            Public Works Department in special cases requiring more or less
            information according to the specifications included in the Compliance
            Manual.

5.    Mandatory Reauirements for Drainage Improvements. The following are required
      considerations for drainage plans submitted pursuant to this Ordinance:

      a.    Surface water entering the subject property shall be received at the
            naturally occurring location, and surface water exiting the subject property
            shall be discharged at the natural location with adequate storage capacity
            within the subject property to minimize downstream damage from
            increased peak flows.

      b.    The natural peak discharge and runoff volume from the subject property
            due to the design storm may not be increased as a result of the proposed
            development.

      c.    Retention/detention facilities must be provided in order to handle all
            surface water in excess of the allowable pre-development peak discharge.

      d.    Where open ditch construction is used to handle drainage within the
            development, a minimum of fifteen (15) feet shall be provided between
            any structures and the top of the bank of the defined channel.

            (1)   In open channel work the water surface elevation will be indicated
                   on the plan and profile drawings. The configuration of the finished
                   grades constituting the banks of the open channel shall also be
                   shown on the drawings.

            (2)   Proposed cross section of the channel shall be shown with stable
                   side slopes as approved by the Public Works Department. Side
                   slopes shall be 3:1 maximum unless stabilized in some other manner
                   approved by the Public Works Department.

            (3)   The water surface elevation of the flow for the design storm shall
                   be indicated on the cross section.





                                      35 - 5







      e.    When a closed system is used to handle drainage within the development,
            all structures shall be a minimum of ten (10) feet from the closed system.

             (1)   Variances from any of the foregoing requirements of this paragraph
                   may be permitted only after a determination by the Public Works
                   Department employing the following criteria: sufficient capacity
                   under design conditions of downstream facilities; maintenance of the
                   integrity of the receiving waters; possibility of adverse effects of
                   retention/detention; utility of regional retention/detention facilities;
                   capability of maintenance of the system; and structural integrity of
                   abutting foundations and structures.

6.    Development in Critical Flood Draina2e and/or Erosion Areas.  Development
      which would increase the volume of discharge due to any storm from the subject
      property shall not be permitted in areas where existing flooding, drainage, erosion,
      and/or instability conditions present an imminent likelihood of harm to the welfare
      and safety of the surrounding community, or to the integrity of the surface or
      ground water system until such time as the existing community hazard is
      alleviated and it is adequately demonstrated that the proposed development will
      not cause a recurrence of the problem nor the occurrence of any new problem.

7.    Review and ADoroval of the Plan.  All storm drainage plans prepared in
      connection with any of the permits and/or approvals required by this Ordinance
      shall be submitted for review and approval by the Public Works Department.

8.    Bonds  and  Liability  Insurance  Recuired.         All  persons  constructing
      retention/detention or other drainage treatment/abatement facilities are required to
      post surety and cash bonds.

      Where such persons have previously posted, or are required to post, other such
      bonds on the facility itself or on other construction related to the facility, such
      person may, with the permission of the Public Works Director and to the extent
      allowable by law, combine all such bonds into a single bond, provided that at no
      time shall the amount thus bonded be less than the total amount which would
      have been required in the form of separate bonds, and provided further that such
      a bond shall on its face clearly delineate those separate bonds which it is intended
      to replace.





                                       35-6







     a.    Construction Bond.   Prior to commencing  construction, the person
           constructing the facility shall post a construction bond in an amount
            sufficient to cover the cost of conforming said construction with the
            approved drainage plans. The amount of the bond shall be increased at
            one (1) year intervals in a proportion equivalent to the prevailing rate of
            inflation in construction costs. After determination by the Public Works
            Director that all facilities are constructed in compliance with the approved
            plans, the construction bond shall be released. Alternatively, equivalent
            cash deposit to an escrow account administered by a local bank designated
            by the County may be required at the County's option.

     b.    Maintenance Bond.  After satisfactory completion of the facilities and
            release of the construction bond by the County, the developer shall
            commence a two (2) year period of satisfactory maintenance of the facility.
            A cash bond to be used at the discretion of the Public Works Director to
            correct deficiencies in maintenance affecting public health, safety and
            welfare shall be posted and maintained throughout the two (2) year
            maintenance period. The amount of cash bond shall be determined by the
            Public Works Director, but shall not be in excess of twenty-five (25)
            percent nor less than fifteen (15) percent of the estimated construction cost
            of the drainage facilities. In addition, a surety bond or cash bond to cover
            the cost of design defects or failures in workmanship of the facilities shall
            also be posted and maintained throughout the two (2) year maintenance
            period. Alternatively, an equivalent cash deposit to an escrow account
            administered by a local bank designated by the County could be required
            at the County's option.

9.   APDlicabilitv  to Government  Entities.   All  municipal  corporations  and
      governmental entities shall be required to submit a drainage plan and comply with
      the terms of this Section when developing and/or improving land (just as private
      applicants would).

10.   Drainaie Control Durinn  Construction.  Erosion and drainage control during
      construction may be required by the Public Works Director.








                                       35 - 7








                                CHAPTER 20.23

        McALLISTER GEOLOGICALLY SENSITIVE AREA DISTRICT

                         (Ordinance No. 9707, 01/29/91)


Sections:

      20.23.010   Purpose
      20.23.020   Primary Uses
      20.23.025   Special Uses
      20.23.030   Design Standards
      20.23.040   Additional Regulations


20.23.010   Purmose.   The purpose of this district is to provide for residential,
commercial, and agricultural uses of a lype and density which will minimize the
potential for contamination or significant loss in recharge capacity of a vulnerable
groundwater aquifer and potable water source of great importance to the general public.
This exercise of the police power (regulatory power) is necessary to preserve the public
health, safety, and welfare.


20.23.020 Primary Uses. Subject to the provisions of this title, the following uses are
permitted in this district:

1.    Group A. The following uses are permitted subject to staff review:

      a.    Single-family residential.

      b.    Agricultural uses conducted in compliance with a farm plan developed in
            conformance with U.S. Soil Conservation Service guidelines and the
            provisions of the ReTort to the Thurston County Board of Health on Best
            Management Practices for the Use of Pesticides and Fertilizers in the
            McAllister Srine  GSA. Thurston County Environmental Health, 1989.






                                      23- 1







            (3)   Carpet and upholstery cleaning businesses; and

            (4)   Pest control businesses.

      b.    The following Home Occupations:

            (1)   Dentists' and physicians' offices; and

            (2)   Barbershops and beauty parlors.

      c.    All Major Energy Transmission and Generating Facilities, except electrical
            transmission lines and substations.


20.23.030 Design Standards.

1.    Density:

      a.    Sites contained within the Short Term Urban Growth Boundary may be
            developed at a maximum overall density of two (2) units per acre
            contingent upon connection to public sewer and provision of approved
            stormwater facilities.

      b.    Sites outside of the Short Term Urban Growth Boundary and sites within
            this boundary without sewer and stormwater facilities may be developed
            at a maximum overall density of one (1) unit per five (5) acres.

                                              Within Short Term
2.    Minimum lot size:                       Boundary With Sewer        All Other Areas
     a.    Conventional subdivision lot           12,500 square feet         5 acres
     b.    Cluster subdivision lot                 7,200 square feet   12,500 square feet
     c.    Two-family residential lot             25,000 square feet
     d.    Two-family clustered                   14,400 square feet
            residential lot







                                      23 - 3







3.    Minimum lot width:

      a.     Conventional subdivision lot:

             (1)   Interior lot:  75 feet on lots of less than 5 acres, 300 feet on lots of
                                 5 acres or more.

             (2)    Corner lot:  100 feet on lots of less than 5 acres, 300 feet on lots
                                 of 5 acres or more.

       b.    Cluster subdivision lot:

             (1)   Interior lot: 50 feet.

             (2)   Corner lot:  75 feet.

       c.     Cul-de-sac:  35 feet.

       d.     Flag lot: 20 feet.

4.     Maximum building height: 35 feet.

5.    Minimum yard requirements:

       a.     Residential uses:

             (1)   Front yard:  50 feet to centerline, except 60 feet to centerline of
                    arterials.

              (2)    Side yard:   5 feet.

              (3)   Rear yard:   10 feet.

       b.     All other structures shall have minimum yards in accordance with Chapter
             20.07.030.







                                         23 - 4







6.    Maximum lot coverage by impervious surfaces:

      a.    Parcels of 5 acres or greater: 5%.

      b.    Lots and parcels of less than 5 acres:  60%  or 10,000 square feet,
            whichever is less.

7.    Dedication of open space:

      a.    Land which is divided must conform to the open space dedication
            requirements of Chapter 18.47 of the Subdivision Ordinance.

      b.    Land developed as a special use under Chapter 20.54, must dedicate ten
             (10) percent to open space per the standards of Chapter 20.32.

      c.    That portion or tract of a cluster subdivision not occupied by individual
             building lots shall be permanently dedicated to community open space or
             forestry, except as required in a. or b., above.

      d.    Agricultural activities as defined in Section 20.03.040 of this code, with
             the exception of forestry, are not permitted in the dedicated open space.


20.23.040 Additional Remulations. Refer to the following chapters for provisions which
may qualify or supplement the regulations presented above:

1.    Chapter 20.32      Open Space
2.    Chapter 20.34      Accessory Uses
3.    Chapter 20.35      Standards Relating to Physical Limitation of Land
4.    Chapter 20.36      Environmentally Sensitive Areas
5.    Chapter 20.40      Signs and Lighting
6.    Chapter 20.44      Parking and Loading
7.    Chapter 20.45      Landscaping and Screening.









                                       23 - 5









Appendix6








   EXHIBIT A TO

1

2

3    VIII.  RURAL MIVIRONX(NT.
            9.180.010   Purpose.
4           9.180.020   Developments or Uses Permitted.

5
     XIII. DENSITY, SITEB COVERAGE, AND AQUATIC BUFFERS.
6           9.210.010   Purpose.
            9.210.020   Basic Density.
7           9.210.030   Open Space Density.
            9.210.040   Bonus Density.
8           9.210.045   Increased Density in the Sensitive Watershed
                        Environment.
9           9.210.050   Transfer of Residential Development Rights.
             9.210.060   Site Coverage.
10           9.210.065   Aquatic Buffers in the Sensitive Watershed
                        Environment.
11           9.210.070   General Requirements.

12
     XV.    PERFORMANCE STANDARDS - OPEN SPACE AND BONUS AMENITIES.
13           9.230.010   Purpose.
             9.230.020   General Criteria.
14           9.230.030           Open Space Density.
             9.230.040   Bonus Density.
15           9.230.050   Performance Standards - Buffers and
                         Screening.
16           9.230.060   Administrative Requirements.

17
                                  VIII,
18
                            RURAL ENVIRONMENT
19
    Sections:
20    9.180.010  Purpose.
      9.180.020  Developments or Uses Permitted.
21
    9.180.010 Purpose.
22    In the furtherance of the Comprehensive Plan, the purposes of
    the Rural Environment is to protect and preserve the rural
23 character of an area; to protect rural, agricultural land from
    urban-suburban sprawl; to form relatively natural perimeters
24 around more densely settled communities creating a sense of
    identity; to protect aquifer recharge areas from substantial
25 impairment and pollution; to promote vegetative growth for its
    beneficial attributes of air purification, climate stabilization,
26 aesthetic appeal, noise and sight buffers, recreational
27 opportunities; bird and other wildlife habitats including
    migratory patterns; to promote the retention of land best suited
28
                              Page I of 24







   EXHIBIT A TO

I for agricultural and forestry production.

2 9.180.020 Developuents or Umes Permitted.
     Developments or uses permitted in this environment are divided
3 into three categories as follows: A. Developments or uses
   permitted outright; B. Developments or uses permitted after
4 administrative review and approval of a site plan by the Planning
   Department; and C. Developments or uses permitted after review
S and approval of a site plan by the Examiner after at least one
   public hearing.
6    Developments or uses permitted outright are those uses which
   have been determined to have only an insignificant impact upon
7 the environment, the immediate neighborhood or the community.
   The Planning Department shall approve a site plan when it is
8 determined that the requirements of this Regulation have been met
    or shall deny or refer to the Examiner any site plan which does
 9 not comply with the provisions of this Regulation.
      A. Developments or uses permitted outright are as follows:
10           1.  One family dwellings (not requiring a variance)
             which are not located wholly or partially within
11-          "Shorelines of the State" or within in "sensitive area"
             as defined by WAC 173-34-020(2) and which are proposed
12           to be located on a lot of record or a lot which existed
             as such on the effective date of this Regulation which
13           subdivision was approved pursuant to the site plan
             review process herein specified.
14           2.  Duplex dwellings which do not require a variance
             which are proposed to be located on a lot designed and
15           approved for a two-family dwelling on or before June 30,
             1975.
i6           3.   Agriculture.  Any agricultural use which is capable
             of operating within the air, noise and water pollution
17           standards of this Regulation, as well as applicable
             State and Federal Regulations.
1s           4. Raising, slaughtering and dressing of livestock,
             small animals and poultry. The raising, slaughtering
19           and dressing of livestock, poultry and small animals for
             commercial purposes; provided that no building, cage or
20           pen housing or feeding such animals shall be located
             closer than forty-five (45) feet to any boundary
21           property line.
             5. Accessory buildings and structures related to
22           outright permitted uses as determined by the Planning
             Department in conformance with the intent of the Plan.
23           6.  Changes in occupancy to existing commercial or
             industrial buildings or uses provided that the new use
24           is of an intensity      l to or less than the former use.
25                  ~                  ~  

26
27

28                             Page 2 of 24











    EXHIBIT A TO

1   B.  Developments or uses permitted after review and approval of
      a site plan by the Planning Department are as follows:
     4--a _ . ,                     . -- .-  --  ..--   - --    A   A-
                        3- --  ....                      . -  -    --..
   9 _,__ 1-1- _._ *-_ _.       - l- .--    su -bi.is-- a ... .      Ju 3_...19-5 
              --__  .- -.-a.---- .. - c  a   --.o a-----.. a- -   a- n-------

 10           . .. al            . _dsra  * _s e  _   _ _  _, provided  a  ,a nges .  a _  * _
    S    l,.,.,,,,,,,ï¿½e rat, ___  th e use o 'r buin       -.7. -eat.-
               .1LL1, _- -.   A.   --- -.--- ,-.2 - -- - --- --2 b  r- , 2  .

                  ..t~it~ --.            --..- -  ..._..--L .-Jï¿½ t

              12 inew h   th ch.w  - a     alterat .... -----    ----a a
              rtrt    ..--r-   .. .,        S-1 .-. - - ----- -- ï¿½----_-

              . __ - .         ' j    . ._ -  .a. i  ---p- .---_ -   *   *  - 1
              A-a-    --% a  --. -----   -- -1.a    a ' --- 2 --1  -  ~
8       _       L .- _--_ *---a-^-r r-A*-I * 
              |  .  Duplex dwellings upon lots of record established by
 91          legal subdivision after June 30, 1975.
              24.  Structural changes or alterations to an existing
10           commercial or industrial use, provided the changes and
              alterations will bring the use or building into greater
11           conformity with the intent of this Regulation.  The
              Planning Department may waive site plan approval in any
12           instance where the change or alteration would have an
              insignificant impact.

              4. Other public faclities' and uses, lncludlng Both new
14           and changes to existing facilities, except those which
              require an environmental impact statement.
              s...  . c .. : - ï¿½ ï¿½ a  .  S._ _y  _  a    .-1: . _ a ;-  -- _         .
    _ .. .1  _ _        ï¿½ --A-.-- -L  L- Y-r---- ------ZtV     -- - J-
              w   .aa_*&, _&,    .. _...&4 .. _  _   - _ __  ..A.. ._   ï¿½m.L..  _&* ,  ï¿½ ..    -  -.
   15   ~ ~ -                                                    tA a  -d -r4  aa J  * -  L*  - -. 4S - ,w   .  * * .  

17           6S. Short plats  i. 
               :6.. One family dwel  .n: "locate. .y':"or::   partially
18           within "Shorelines of the State" unless located wholly
              or partially within a "sensitive area" as defined by WAC
19           173-34-020(2).
      C.  Developments or uses permitted after review and approval of
20    a site plan by the Examiner after at least one public hearing
      are as follows:
21

               22:-:.:.:~-~.~:..  '  :    '    :"  ........  :..  .............................................,-
                -r---- --~--.. ....-- o-.--'  J.-- -.. --..-  ------, _....--
                   _A          _   ._   _..  .*  _J  _.. _-_-     . _




               aaa ,  ----                - -r r--  -a a-...,L.,.   - &
26          .             ....ï¿½-"  ...." ï¿½-' -- - ...."'--'-"- '__-* -1


27          '"- a '_          ---'A-- -1   - -          - - -     -- -a   -

28                            Page 3 of 24




   ZEXIBIT A TO

             2.L  td il  Lz &
              w^  . r _ i . .. _l, _  _* IMaa  _!111'  _  * __._  .. _ ..J
             ,  '--1 --- .--. -----    -- - 1 . --l- I.,, -- l ----
             2 _   _ .. _   _-  .dbVj..w.aa .   -_.a _-f &q rr. -- ___.. . . ,dlql16,11...I,.  __ _ ... _ .  _ _l_
              ï¿½    --    a _   d _    ___-    __ a   J e    .a ..wa  .c ï¿½_.   b aq   . 4l _ __    _ __ 
             c4  -             h,-1-r- --- -      --- -- -- r--


              - a  _i __it    i         __ 

J 6   _                       - a   _a- .. ï¿½.ara -    -  1  .... --.. - *   *._:
             _ .    ..   -   ...i.. _1_ ___, _..   ___ ,     L._


             r-a  o ei - -  -sting   facil es  -----  -aa _wh_ n


   11       environmental impact statement has been required.


         I6~~~~~~ YVIXIT.Z'
                TY  S    COVERAG D AQ--UATIC ------BUFFRS--
















15
    sections:
16    9.210.010  Purpose.
      9.210.020 Basic Density.
17   9.210.030  Open Space Density.
      9.210.040 Bonus Density.
i8    9.210.045  Increased Density in the Sensitive Watershed
                 Environment.
19   9.210.050  Transfer of Residential Development Rights.
      9.210.060  Site Coverage.
20    9.210.065 Aquatic Buffers  in the Sensitive Watershed
                 11  en vironment.
21    9.210.070  General Requirements.

22   9,210,010 Purpose.
      In furtherance of the Comprehensive Plan, this chapter is
23 intended to establish:
      A. The parameters for the number of dwelling units that may be
24   permitted on a give     n  trac t of land w ithin   a particular
      environment.
25   B.  Criteria by which minimum dwelling unit density may be
      exceeded within each environment in terms of "open space
26   density," "bonus density," "increased density in the Sensitive
27  W       atershed Environment," a nd "transfer of  residential
      development  rights."
28   C. Maximum amounts of land on a given site which nay be
      covered by impervious surfaces.
      D. Aquatic Buffer widths and requirements in the Sensitive

                                Pagnce  o  24
                                Page I of 26









   EXHIBIT A TO

1   Watershed Environment.

2
   9.210.020  Basic Density.
3   The basic density is the minimum allowable residential building
   site land area in terms of dwelling units per acre which is
4 permitted in a designated environment; provided however, the
   density of developable land sites may be increased by taking
5 advantage of the provisions for open space density, bonus
   density, increased density in the Sensitive Watershed
 6 Environment, or transfer of development rights herein specified.
    In the Urban Environment, low density residential development is
 7 not encouraged, therefore, no basic density is assigned to the
   Urban Environment. Commercial development in the Urban and other
 8 environments is controlled primarily by the site coverage
    limitations herein. Commercial/industrial development is
 9 prohibited in the R'ra' iEfri'       iii L'!Residential and Rural
    Sub-areas of the Sensitive: Watershed Envronment.  Except as
10 otherwise provided in Part IV. of these Regulations and in this
    Chapter, the minimum average lot area for each dwelling unit
11 shall be as follows:
        A.  Urban Environment .........................not applicable
12      B.  Residential Environment .........................one acre
        C.  Rural Environment ...............................two acres
13    ..    ..Ru. ..ral -  esit  ronment oare*






      .NauaEniomn.............:::.:::...........o ::e
17
        D. Rural-Residential Environment .................... one acre*


19      G.  Sensitive Watershed Environment:
                  1.               Urban Sub-Area ...e . acre
20           2.   Residential Sub-Ar   ea ...................one acre

21    * New lots created contiguous to the saltwater shorelines shall
     have a minimum of 12,500 square feet with a minimum of 70 feet
22    shoreline frontage and shall also be in compliance with density
     provisions found in the Shoreline Management Use Regulations
23    for Pierce County, Chapter 20.62.

24
    9.210.030 Open Space Density.
25    Pursuant to the following provisions, the basic density in all
    environments except the ". ;i  Rural-Residential, Conservancy-
26  Historic, Natural, and Sensitvee Watershed Environments, may be
    increased for any residential development which provides open
27
                              Page 5 of 24
281                                          .......





   EXHIBIT A TO

1 space in accordance with the provisions of this Regulation,
   including, but not limited to, the provisions of Part XIV of this
2 Regulation. The actual number of dwelling units permitted under
   this Section shall be determined according to the ratio of
3 buildable land allocated for open space purposes to the gross
   acreage of land. An applicant desiring to use the open space
4 density" provisions of this Section shall follow the site plan
   approval procedures as set forth in these Regulations.
5   Lot sizes within any development are not required to be of a
   uniform size, thus for purposes of computing the density the
 6 words "average number of dwelling units per acre" is utilized.
    Subject to all other relevant provisions of this Chapter, the
7 number of dwelling units allowable shall be determined in each
   environment according to the following formulas:
 8   A.  Urban:  The average number of dwelling units per acre
      (i.e., density) shall not exceed the product of thirty
 9   multiplied by a fraction; the numerator of which is the amount
      of acreage allocated as open space and the denominator of which
10   is the gross acreage:

11     Density (dwelling units/acre) =
             30 x number of acres allocated as open space
12                      Gross Acreage

13   B.  Residential:  The average number of dwelling units per
      acre (i.e., density) shall not exceed the product of fifteen
14   multiplied by a fraction; the numerator of which is the amount
      of acreage allocated as open space and the denominator of which
s15   is the gross acreage:

16     Density (dwelling units/ acre) 
             15 x number of acres allocated as onen space
17
       *   ..g  . :  a "z .... a'~   a' .': '  ' . '- "2.  ,  ~ -      ~ 
18  W ...e   .b'qSiam, qd..lb e  l, dl,q.P  Ac _ _.    e    i._, _.m~M. aw  d. l  _   -  .. _a ,.  _ w.    X ___.


                 -- ~  %-I  -ï¿½L                    ;Z
        x---ezn  =%Z --*--- EL' -*Zf -  *--  e-ra--   ---  --r~



      ~   "   'A" '~"--- .....r 'f -- - - '  I -ZZ=L
22 ...

23      D.  Rural-Residential:  Not applicable.
         E. Conservancy-Historic: Not applicable.
24     F.  Natural:  Not applicable.
         G. Sensitive Watershed:  Not applicable.
25

26
    9.210.040 Bonus Density.
27   The density of any residential     development,  exe t developments
    in the  Sensitive Watershed Environment i.I and
28 the Rural-Residential Environment, may" b   ncreasel up to, but
    not exceeding, twenty-five percent (25%) by following the

                              Page 6 of 24






   X3MIBIT A TO

I provisions of Section 9.230.040.

2 9.210.045 Increased Density in the Sensitive Watershed
              Environment.
3   The density of some residential developments in the Sensitive
   Watershed Environment may be increased by applying the provisions
4 of Section 18.50.405 for a "Resource Protection Area." The
   density of some developments in the Sensitive Watershed
5 Environment may also be increased by using the provisions in
   Section 18.50.420 for "Inf ill Densities in the Sensitive
6 Watershed Environment." Residential projects may use one of the
   two measures listed above for increasing density. However, in no
7 case may both provisions be used for the same project.

8
   9.210.050 Transfer of Residential Development Rights.
9   This Section is specifically designed to implement the Gig
   Harbor Peninsula Comprehensive Plan by providing the means of
10 achieving the goals and objectives of the Plan with reference to
   sensitive natural resources and physical features or designated
11 cultural or historic sites located in the Rural-Residential,
   Natural, Conservancy-Historic, or Sensitive Watershed
12 Environments, while providing compensation to owners of such
   land.
13   A.  Definition.  Residential development rights shall be
     considered real property and shall be subject to all legal
14   requirements applicable to other real properties.
     B. Eligibility. Any land designated in the Plan and/or
is Environment Map as Rural-Residential, Natural, Conservancy-
     Historic, or Sensitive Watershed which is undeveloped may be
16   eligible, including historic sites and buildings.
     C. Authorization. Pursuant to the purposes stated in this
17   Section, the Examiner may from time to time authorize the
     transfer of residential development rights from one parcel of
is land in one of the eligible Environments cited above to another
     specific parcel of land located in t     ~~Residential7r or
19   Urban Environments.  Such an authorization shall be made only
     where it is found to be consistent with the intent of the Plan
20    and these Regulations.  The said transfer shall be in terms of
     density (i.e., dwelling units/acre).
21   D.  Procedures.  The following procedures shall be followed
     when residential development rights are to be. transferred from
22   one parcel to another:*
            1. An applicant for the transfer of residential
23           development rights shall present documentation
            satisfactory to the Planning Department indicating the
24           following:
                a. The location, site area and related residential
25               development rights permitted under the applicable
                provisions of these which the applicant proposes to
26               transfer.
                b. The location and site area of the site to which
27               such rights are to be transferred, the projected
                total number of dwelling units which would result
28               from such a transfer, the regulating density and the
                change in density.

                              Page 7 of 24





   EZXBIT A TO

I c.  A presentation as to the reasonable and
                beneficial results anticipated from the
2               authorization applied for with respect to the
                implementation of the Plan.
3           2. When the completed application (as determined by the
            Planning Department) is transmitted to the Examiner, he
4           shall proceed in the consideration of all aspects of the
            proposal, particularly that of the degree to which the
$           proposal would implement the Plan.  The Planning
            Department shall submit its findings and recommendations
6           to the Examiner along with any pertinent information for
            his consideration. The recommendations of any ex-
7           officio successor to the Citizens' Advisory Committee
            shall also be considered.
a 3. The consideration of the proposal by the Examiner
            shall be accomplished at a public hearing following
9           procedures for site plan review set forth elsewhere in
            these Regulations; provided, that notice shall be sent
10           to all landowners within three hundred feet of the two
            sites involved.
11           4.  Upon favorable review by the Examiner, such an
            application shall be approved subject to completion of
12           the following actions:
                a. Execution of an instrument legally sufficient to
13               effect such a transfer and (1) the retention of the
                fee title with deed restrictions reflecting the
14               transfer and its conditions in private ownership, or
                 (2) a transmittal with similar restrictions to the
is County or other such public agency approved by the
                Examiner for use as permanent open space. A deed
16               for the residential development rights shall be
                assigned an Assessor's parcel number and shall
17               include a legal description of the real property
                 from which said residential development rights are
18               to be transferred and a legal description of the
                real property to which such rights are to be
19               transferred and shall be accompanied by the assigned
                Assessor's parcel number;
20               b.  Filing copies of the executed legal instruments
                required above with the offices of the Auditor,
21               Assessor-Treasurer, Planning Department and the
                Building Department as notice of such transfers of
22               residential development rights;
                c. Such other requirements as the Planning
23               Department shall establish in conformance with the
                 intent of the Comprehensive Plan.
24      E.  Limitations.  All transfer proposals shall be limited as
      follows:
25      When proposed for transfer to the applicable environment, the
      resulting density shall not exceed the stated limitations as
26    follows:
             1.  Urban .............nineteen dwelling units per acre
27           2.  Residential .......nine dwelling units per acre
                      - .    *   *.V       ~~~~~~~~~~~~Z7.S-
28    For the purpose of the transfer of residential development
    rights only, a transferable density shall be assigned from the

                              Page ï¿½ of 24






   EXHIBIT A TO

 I Rural-Residential, Natural, Conservancy-Historic, and/or
   Sensitive Watershed Environments; this transferable density shall
2 be not more than three dwelling units per acre of Rural-
   Residential, Natural, Conservancy-Historic, and/or Sensitive
3 Watershed Environments. The number-of dwelling units per acre
   shall be determined by the reviewing authority based on the
 4 quality of the TDR as it implements the Comprehensive Plan.

 5
   9.210.060 Site Coverage.
 6   The provisions of this Section shall be used to determine the
   percentages of any development site which may be covered by
 7 buildings, structures, roads, streets or other areas for parking
    or driving of motor vehicles, whether paved or unpaved, or by
 6 pavements, roofs, or other IMPERVIOUS COVER. Furthermore, this
    Section provides that the nature of the remaining site area shall
 9 be specified.
      In the event transfer of development rights is utilized, the
10 person selling such rights, (or his successor), may increase the
    permitted site coverage for his adjoining land (to the limit
11 permitted herein for the area of land from which the transferred
    rights were sold) ; provided, that such increase shall not be
12 permitted to be greater than that allowed in Subsection
    9.210.060B.
13   The site coverage amount permitted shall be calculated for the
    total development including open space areas and Resource
14 Protection Areas and if more than one lot is involved then each
    lot shall be assigned a permitted site coverage area, (but
15 uniformity in coverage is not required), and the plat or short
    plat covenant shall specify this limitation.
16   A.  Basic Maximum.  For any one-family or two-family
      residential development or for any one-family or two-family
17    residential portion of a development, the following figures
      constitute the maximum percentages of IMPERVIOUS COVER
is permitted for each environment:
             1. Urban ................. Fifty percent (provided that a
19                        twelve (12) foot wide driveway
                         is exempt but not any
20                        additional parking area).
             2.  Residential........... .Thirty-five percent (provided
21                        that a twelve (12) foot wide
                         driveway is exempt but not any
22                        additional parking area).
             3. Rural ................. Twenty-five percent (provided
23                        that a twelve (12) foot wide
                         driveway is exempt but not any
24                        additional parking area).
            4. Rural-Residential ..... Twenty-five percent (provided
25                        that a twelve-(12) foot wide
                         driveway is exempt but not any
26                        additional parking area).
             S. Conservancy-Historic.. Fifteen percent (may be waived
27                        in conjunction with historic
                         preservation if consistent
2B                        with the Comprehensive Plan).;
                          (provided that a twelve (12)

                              Page 9 of 24





   ZXHBIT A TO

       ~IX~~ ~foot wide driveway is exempt
 1                        but not any additional parking
2                        area).
            6. Natural ...............Five percent (provided that a
3                        twelve (12) foot wide driveway
                         is exempt but not any
4                        additional parking area).
            7.  Sensitive Watershed...Twenty-five percent (provided
S                        that a twelve (12) foot wide
                         driveway is exempt but not any
6                        additional parking area).
     B. Increases Permitted. For all nonresidential developments
7    and multiple dwellings, the lower figure below which follows
     the Environment designation shall be the applicable maximum
a percentages of IMPERVIOUS COVER; however, an increase of up to
      the higher percentage number will be permitted if the standards
 9    set forth herein are satisfied:
             1. Urban .................Fifty to eighty-five percent
10           2. Residential ...........Thirty to sixty percent
             - _     * ..          _    .  X  3   -- W  *   A. -z *L
11          +3i.  Rural-Residential .....Twenty-five to thirty percent
             54.  Conservancy-Historic..Fifteen to twenty percent
12                     .                     (may be waived in conjunction
                                           with
13                       historic preservation if
                                           consistent with the
14                                          Comprehensive
                        Plan).
i5       s 5. Natural ...............Five percent
             +X~. Sensitive Watershed:
16               a.  Urban Sub-Area ...........Twenty-five to sixty
                                              percent
17               b.  Residential Sub-Area ...... Twenty-five percent
                 c.  Rural Sub-Area ............Twenty-five percent
18    C.  One or more of the following amenities and facilities may
      allow the applicant to be eligible for increasing the
191   percentages of IMPERVIOUS COVER as explained in B. above in all
      environments except Sensitive Watershed, but only when
20    consistent with the intent of the Comprehensive Plan:
             1. Use of retention ponds, natural swales, porous
21           paving or other innovations to minimize or eliminate
             storm water runoff of a rate exceeding the rate produced
22           by a ten (10) year flood flow rate may qualify for an
             increase in IMPERVIOUS COVER up to a maximum increase of
23           an additional 10 percentage points of a given
             environment;
24           2.  Preservation of unique natural or historic features
             as encouraged in the Plan may qualify for up to a
25           maximum increase of impervious cover of ten percent
             (10%);
26           3.  The applicant may be eligible for up to fifteen
             percent (15%) of the MAXIMUM ALLOWABLE INCREASE IN
27           IMPERVIOUS COVER resulting from a subjective review of a
             landscaping plan, up to fifteen percent (15%) of the
28           MAXIMUM ALLOWABLE INCREASE IN IMPERVIOUS COVER resulting
             from an architectural review plan, or up to the MAXIMUM

                              Page 10 of 24





   EXHIBIT A TO

I ALLOWABLE INCREASE IN IMPERVIOUS COVER f or both.  In the
            PAC report to the Hearing Examiner, it may make special
2           note of these aspects of the plan under the categories
            of : (1) Reasons why the proposed development does comply
3           with the intent of the Comprehensive Plan; and (2)
            Identification of specific positive aspects of proposed
4           development.  Specific characteristics to be considered
            are:
5               a.  A landscaping plan that uses unity and balance
                to blend with and enhance the visual characteristics
6               of the surrounding environment and existing or
                planned neighboring structures. The landscaping
7               plan may provide for features such as raised and
                planted berms to break up the visual monotony of
a parking areas and large buildings.

9               b.  An architectural review plan that provides for
                either consistency and control within the proposed
10               development and with existing and planned
                neighboring structures, or with an agreement to
1.1              submit to architectural controls not required
                elsewhere in this Regulation. The architectural
12               review plan could provide for structures of
                exemplary design which incorporate siting, color,
13               shape, and height restriction features that cause
                the proposed development to be visually harmonious
14               with the environment and to meet prevailing
                community standards.
15               c.  Landscaping and architectural aspects of a
                proposed development are critical elements in
16               meeting the intent of the Comprehensive Plan, in
                preserving the existing environment, and in finding
17               community acceptance.  The percentage increase in
                the IMPERVIOUS COVER recommended to the Hearing
is Examiner by the planning staff and the PAC will be
                the result of subjective judgments based on their
19               knowledge, experience, and community standards.
            4. Joint use of open space by several businesses or in
20           a community or neighborhood shopping facility so as to
            create professionally designed and landscaped gathering
21           places for customers may qualify for up to the maximum
            allowable percentage within a given environment;
22           5.  Upgrading all nonconforming signage to current
            standards within developments existing prior to June 30,
23           1975, may qualify for up to a maximum increase in
            IMPERVIOUS COVER of ten (10) percentage points up to the
24           maximum allowable within each given environment;
            6. Provision of other amenities and facilities of a
25           similar nature as determined by the Planning Department
            or Examiner up to-a maximum increase in IMPERVIOUS COVER
26           of ten (10) percentage points up to the maximum
            allowable within each given environment; and
27    D.  By providing for the following amenities, an applicant may
     be eligible to increase the percentages of impervious cover as
25    explained in B. above for projects in the Sensitive Watershed
     Urban Sub-Area, but only when consistent with the goals,

                             Page 11 of 24








I    objectives, and policies of the Burley/Hinter Drainage Basin
     Water Quality Plan:
2           1. By providing for a Resource Protection Area, as
            described in Section 18.50.405, the applicant may have
3           the impervious cover for a project increased up to the
            maximum allowable percentage in the Sensitive Watershed
4           Environment Urban Sub-Area. For every 1.14 square feet
             of Resource Protection Area provided, one square foot of
5           additional impervious cover will be allowed, up to the
            maximum permitted percentage of impervious cover of 60%.
6

 7  9.210.oe  General Requirementu.
     Where this Chapter is utilized to increase permitted density,
a all of the following limitations and requirements shall be
    applicable:
9    A.  Density Calculation Procedure.  The total number of
      dwelling units permitted in a development shall be calculated
10    as follows:
             1. Maximum number of dwelling units.  The maximum
11           number of dwelling units permitted shall not exceed the
             product of the development's gross acreage multiplied by
12           its calculated density rounded to the nearest whole
             dwelling unit.
13           2.  Calculations.  When utilizing the increased density
             provisions of this Chapter, one shall first calculate
14           the open space density; next multiply the bonus density
             percentage plus one times the previous figure; and then
15           to this number add the number of transferred dwelling
             units, when applicable.
16           3. Rounding off numbers.  The density may be rounded
             off to the nearest tenth of a dwelling unit per acre
17           only after all density calculations are made.
             4. Required open space. If the applicant utilizes the
18           bonus density and/or transferred development rights
             provisions herein, a minimum of fifteen percent of the
19           site area shall be allocated for open space.
      B.  Maximum Allowable Density.
20           1. Open space maximum density.  The maximum allowable
             density permitted utilizing the open space density
21           provisions of this Chapter shall be as follows:
                 a.  Urban ..................Sixteen dwelling units per acre
22               b.  Residential ............Six dwelling units per acre
                 23  c.  Rural. . .................. :-    .: 4-
23    !_!!xisi
                 a-  uffura-si' per   ......   diel ng'untp   acre*
24               e.  Conservancy-Historic.. .One-half dwelling unit per acre
                 f.  Natural .................One-half dwelling unit per acre
25               g.  Sensitive Watershed ....Not applicable
             2. Total maximum density.  The total maximum allowable
26           density permitted utilizing transfer of residential
             development rights, open space density, and bonus density
27           provisions of this Chapter, shall be as follows:
                 a.  Urban ..................Nineteen dwelling units per
28                                           acre
                 b. Residential ............Nine dwelling units per acre

                              Page 12 of 24







   EXHIBIT A TO

 1              c. Rural .     .................-   '.. .it   ..

2              a.  nura1-Res             .             un  per acre*
                 e. Conservancy-Historic...One-half dwelling unit per acre
 3              f. Natural ................One-half dwelling unit per acre
      *     3.49 dwelling units per acre for lots created with saltwater
 4          frontage or in conformance with density provisions found in
             Section 20.62.040 of the Shoreline Management Use Regulations
 5          for Pierce County.
                 g. Sensitive Watershed:
 6                      (1.)  For one-family dwellings, two family
                         dwellings with more than two (2) bedrooms
 7                      per dwelling unit, and multiple-family
                         dwellings:...1.45 dwelling units per acre
 8                      (2.) For two-family dwellings with no more
                         than two (2) bedrooms per dwelling
 9                      unit:..2.1 dwelling units per acre
     io~ ~~~~.1"a alloabl
    aoll"ows;                                                 ' '
11  .........................~*::::~'~:':"~":'~'~*"~ .... .....
                                      [$:: > ?'  ï¿½ .:::::::....y4':..:..... .::::..  ï¿½   . :..: :....:...

13                        ........    .. ...... ........




      C.  Minmu        1i<Verte4eelpent involves the
16   subdivision of land into lots, the minimum building lot size
      for one-family dwellings and duplexes within all environments
17   except the Sensitive Watershed Environment, shall be as
      follows:
is          1. One-family dwelling with community water and sewer
             systems.,
19            Nine thousand square feet when serviced by both a
             public or private community water system and a public or
20          private community sewer system or by a public or private
             community water system and an approved interim sewer
21.         system in conformance with the Plan.
             Two-family dwelling with community water and sewer
22          systems:
               Thirteen thousand five hundred square feet when
23          serviced as above specified for a one-family dwelling.
24          sewage disposal:
               The applicable provisions of WAC 248-96-090 and/or
25          Pierce County Health Department Regulations shall be
             followed, provided, that the minimum lot size shall in
26          no event be smaller than twelve thousand five hundred
             square feet.
27            TWO-family dwelling utilizing individual on-site
             sewage disposal:
28            The same provisions of 2. above shall apply, except
             that a minimum lot size shall in no event be smaller
                              Page 13 of 24






   EXIBXIT A TO

I           than eighteen thousand seven hundred fifty square feet.
     D. Minimum lot sizes in the Sensitive watershed, Enviroment.
2    Where the development involves the subdivision'of land into
      lots, the minimum building lot size for one-family dwellings
3    and two-family dwellings within the Sensitive Watershed
      Environment shall be as follows:
4           1.  One-family dwellings:
            Minimum lot size shall be determined by the amount of
 5           Resource Protection Area, as described in Section
             18.50.405 which is set aside within the development
 6           project.  Developments with less than thirty percent
             (30%) of the total land devoted to Resource Protection
 7           Area shall have minimum lot sizes of 30,000 square feet.
             Developments with thirty percent (30%) or more .t:he
 8           total land placed in a Resource Protection Area''ia1ll
             have their minimum lot sizes determined by the '. ,7
 9           applicable Pierce County Health Department Regulations
             for minimum lot sizes with on-site sewage disposal
10           systems.  However, any lot which contains or is
             contiguous to a stream or lake shown on the Sensitive
11           Watershed Stream Typing Atlas, or to Burley Lagoon or
             Minter Bay, or to an associated wetland, shall have
12           minimum lot sizes as shown in Subsection 3. of this
             Section below.
13           2.  Two-family dwellings:
             Minimum lot size shall be determined by the amount of
14           Resource Protection Area, as described in Section
             18.50.405, which is set aside within the development
15           project.  Two-family dwelling developments with less
             than thirty percent (30%) of the total land devoted to
16           Resource Protection Area shall have minimum lot sizes of
             42,000 square feet. Two-family dwelling developments
17           with thirty percent (30%) or more of the total land
             placed in a Resource Protection Area shall have their
18           minimum lot sizes determined by the applicable Pierce
             County Health Department Regulations for minimum lot
19           sizes with on-site sewage disposal systems.  However,
             any lot which contains or is contiguous to a stream or
20           lake shown on the Sensitive Watershed Stream Typing
             Atlas, or to Burley Lagoon or Minter Bay, or to an
21           associated wetland, shall have minimum lot sizes as
             shown in Subsection 3. of this Section below.
22           3.  Any lot contiguous to a stream or lake shown in the
             Sensitive Watershed Stream Typing Atlas, or to Burley
23           Lagoon or Minter Bay, or to an associated wetland, shall
             have a minimum lot size of two (2) acres, and a minimum
24           width and depth of 200 feet.

25

26                                  ZV.

27        PERFORMXN  STANDARDB - OPEN SPACE AND BONUS AMENITES

28  Seotions t
      9.230.010 Purpose.

                             Page 14 of 24








   EXHIBIT A TO

1.   9.230.020  General Criteria.
     9.230.030 Open Space Density.
2    9.230.040  Bonus Density.
     9.230.050  Performance Standards - Buffers and Screening.
3    9.230.060  administrative Requirements.

A 9.230.010 Purpose.
     The intent of this Chapter is to provide an explanation and
5 working description of the use of open space, and to outline
   regulatory criteria for such use. These guidelines and standards
6 are designed for evaluation of site plans as required by these
   regulations. Furthermore, they are intended to assist in the
7 implementation of the goals and objectives contained in the Gig
   Harbor Peninsula Comprehensive Plan.
8    For purposes of this regulation, open space shall mean land
   used for recreation, resource protection, site utilities, safety
9 or buffers, and is protected by the provisions of this regulation
   and the Subdivision and Short Plat Ordinance of Pierce County to
10 insure that it remains in such uses. Open space shall be left in
    a substantially natural state except in the case of recreation or
11 other approved uses that may contain limited impervious surfaces.

12
    9.230.020 General Criteria.
13    The intent of the open space area(s) utilized in conjunction
   with these regulations must be designated clearly and graphically
14 on a site plan. This designation shall specify one or more of
    the following intents:
i5   A.  Preservation of natural land, which has depth as well as
      breadth, in its natural state will be a primary use of open
16    space.
      B. Natural resource protection in order to maintain safety on
17    steep slopes, maintain air or water quality, prevent erosion,
      save unique vegetation or wildlife habitats or maintain the
18    agricultural character of the Peninsula.
      C. Buffer divergent land use by providing areas for noise
19    attenuation, visual screening, odor attenuation, view
      protection or privacy.
20    D.  Site utility area for retention ponds, drainfields, wells
      and water storage structures.
21    E.  Passive recreation areas for trails, viewpoints, and nature
      study.
22    F.  Active recreation areas for playfields, tennis courts,
      picnic areas and other active related recreational uses.
23

24 9.230.030 Open Space Density.
     An applicant desiring to use the open space density provisions
25 of this Section may use the open space density calculations of
    the applicable environment, and shall follow the site plan
26 approval procedures as set forth in these regulations. Pursuant
    to the following provisions, the Basic Density may be increased
27 for any residential development which provides open space in

28                            Page 15 of 24







   M[IBIT A To

1 accordance with the provisions of this regulation. Utilizing
   this Section, the actual number of dwelling units permitted in
2 any environment shall be determined according to the ratio of
   land allocated for open space purposes to the gross acreage of
3 land. Where a developer agrees to retain trees of uncommon
   quality over and above that required by this regulation or agrees
4 to preserve and/or restore unique historical sites or structures,
   the following special bonus density may be granted:
S   When the open space calculation is made, the acreage covered by
     the above-mentioned situation may be counted as up to double
6    (as determined by the Planning Department) and may be used to
     increase the open space density in this fashion.
7    For the purposes of calculating open space density, no more
   than fifty percent (50%) of the open space requirements may
2 include steep slopes (greater than forty-five (45) degrees),
   wetlands or other constraint areas. Each acre of constraint area
 9 that is used for open space shall be credited as one-half (1/2)
   acre in the open space calculation.
10    If a constraint area is designated as part of the open space
    allotment (e.g., steep slope, ravine, bog, etc.), then that
11 constraint area, to the extent it is definable, must be
   designated as open space. The total of all constraint areas
12 designated will qualify for no more than fifty percent (50%) of
    the total open space allotment.
13

14 9.230.040 Bonus Density.
     A. General Eligibility. The purpose of this Section is to
is    provide the incentive whereby the additional density provided
      for in Section 9.230.030 may be further increased up to, but
16    not exceeding, twenty-five percent (25%).  The 25% increase in
     density permitted by this Section shall be the maximum,. -:
17    regardless of whether one or more than one of the folI64iing
     options are used.  Eligibility to obtain a "bonus density" is
1i    based upon the following criteria:
             1. Compliance with provisions of Section 9.230.030; and
19           2. Site plan review and approval in order to insure
            that all proposals comply with all requirements of this
20           regulation and with the intent of the Comprehensive
            Plan. Site plan review required for open space density
21           shall be considered prior to the time site plan approval
             is being considered for "bonus density;"
22           3. At least fifteen percent (15%) of the site shall be
             left in open space.
23   B.  Specific Requirements.  Bonus density is authorized when
     one or more of the following is achieved:
24           1. School sites.  The provision of a school site
            meeting the approval of the school district, Examiner
25           and the State Council of Education.  It is the option of
            the school district to accept such a dedication, and a
26           large development may be required to provide such a
            dedication. This results in a bonus by including the
27           school site as open space and discounting the school and

                             Page 16 of 24







   MMIBIT A TO

I related parking, etc., in calculating the site coverage.
            The bonus density shall be ten percent.

            2. Public recreation facilities. where the developer
 3           provides recreation facilities for the general public as
            part of the open space in a manner determined by the
 4           Examiner to be consistent with the Comprehensive Plan, a
            bonus density may be awarded as follows:
 5               a.  Ten percent for eligible facilities such as
                playfields, parks, boating access or similar
 6               facilities consistent with the Plan;
                b. Ten percent for trail easements in conjunction
 7               with the proposed Peninsula-wide trails system;
                c. Ten percent for the provision of improvements to
 a trails (bicycle, etc.) within the proposed
                development site, including those provided within
 9               the road and/or utilities rights-of-way;
                d. Ten percent for improvements and facilities
10               related to adjacent trail easements (where a bicycle
                or equestrian trail is designated in the
11               Comprehensive Plan adjacent to a public roadway, the
                developer of the property on which such trails are
12               designated shall be responsible for construction of
                such trail(s) prior to final site plan or final plat
13               approval);
                e. Ten percent for coordination of public open
14               space with similar open space in adjacent
                developments for the purpose of creating
is neighborhood parks.
             3. Private recreation facilities. Where the developer
16           provides recreation facilities for the residents of the
             proposed development in such a manner as to reduce the
17           impact of the proposed development upon nearby public
             recreation facilities, up to a ten percent bonus density
   18       ~~may be awarded using the criteria listed in 3. above.
             4. The design of roadways to minimize cut and fill on
19           existing contours within the limits of good safety may
             be eligible for up to ten percent bonus.
20

21 9.230.050 Performance Standards - Buffers and Screening.
      A. The buffer greenbelt shall be part of the open space and
22    not part of the lot area assigned to residential or other uses,
      except as provided in the "open space" Section of each
23    environment.
      B. All buffer greenbelts shall include, unless waived by the
24    Planning Department or the Examiner in conformance with
      the Plan and intent of this Chapter (i.e., view protection), a
25    dense screen planting of canopy vegetation and other ground
      cover to the full length of the lot line in residential
26    developments and may be required for nonresidential uses to
      serve as a barrier to visibility, air-borne particles, glare
271   and noise and shall be in accordance with all the following

281                           Pago 17 of 24






   EXHIBIT a TO

1    requirements:
            1. Plant materials used in the perimeter screen
2           planting shall be alternately at least six feet and
            three feet high when planted and be of such species as
3           will produce ultimately a dense visual screen at least
            ten feet high (natural vegetation is to be used whenever
4           possible to minimize the impact of irrigation and
            fertilizers).
5               This requirement may be altered when the Planning
            Department determines more stringent provisions are
6           necessary in order to meet the goals and objectives of
            the Plan.
71          2. The screen planting shall be maintained permanently,
            and any plant material which does not live shall be
 8           replaced within one year.
            3. The screen planting shall be broken only at points
 9           of vehicular or pedestrian entrance or when topographic
            features provide permanent screening and/or a scenic
10           vista is provided.
            4. A clear cut area shall not be allowed as a buffer
11           area unless Subsection 1. is accomplished and any such
             land shall be restored prior to its acceptance as such.
12           5.  Buffer greenbelts shall be laid out to respect
            existing and proposed off-site uses. The object of the
13           planted or natural buffer shall be qualified in the site
            plan, subdivision, plat, etc., as: to minimize visual,
14           noise and other impacts, or to prevent access to
            hazardous areas.
15           6.  The depth of buffers and the extent and type of
             screening required shall be determined on a case by case
16           basis by the Planning Department and/or Examiner in
             conformance with the Plan and the intent of this
17           Chapter.
                Buffers and screening within the Rural-Residential
18           Environment shall have a minimum depth of ten (10) feet
            on all property boundary lines. Where existing, native
19           vegetation exists, selective clearing of shrubs and
            bushes shall be allowed. If no vegetation is located
20           within the stated buffer and screening areas,
             landscaping shall be provided by the property owner.
21           Low profile fences (i.e., rail post) are encouraged to
            be used within the dedicated buffer and screening areas
22           to maintain a sense of ruralness and openness.
             7. All commercial uses, industrial uses, public
23           facilities, multiple-dwelling uses, plats and short
            plats within five hundred feet of existing and proposed
24           rights-of-way for SR-16, SR-302 or major arterials shall
             be completely screened from view from such rights-of-
25           way, except as follows:
                a. In existing developments, changes in use or
26               expansions of such uses may be partially or'totally
                 exempted from the above screening requiremant where
27               the nature of the existing development would make
23                             Page 10 of 24







   EXHIBIT A TO

I.              such screening a partial or total physical
                impossibility. Such exemptions shall require a
2               variance.
                b. For new developments and those requiring site
3               plan review and approval, where topography would
                preclude such screening, it may be partially or
4               totally waived through the site plan review process.
                    In the cases of exemption above, it shall be the
5               responsibility of the applicant to demonstrate that
                the provision of such screening is physically
6               impossible.
                c. The requirement for such screening may be
7               partially-or totally waived along arterials, SR-302
                and along those portions of SR-16 to be relocated,
a for uses through the site plan review process;
                providing, the applicant consents to submit to
 9               architectural review as provided by site cover
                provisions of this regulation and such waiver is
10C              consistent with the Plan.
            S. Where screening is required pursuant to 7. above,
12.          on-site canopy vegetation, ground cover or a combination
            of these with an earth berm shall be utilized as
12           required by the Planning Department and/or Examiner in
            conformance with this Regulation and with the Plan. The
13           buffer greenbelt used to screen such uses shall be a
            minimum of twenty-five feet'in width (as measured from
14           the right-of-way) and shall be broken only at points of
            vehicular entrance.
is In the case of SR-302, other portions of State
            Highways not intended to be limited access and
16           arterials, curb cuts shall be kept to a minimum and
             street graphics shall be visible from the rights-of-way
17           only at points of vehicular or pedestrian entrance.
             Such street graphics shall not exceed twenty square feet
18G          in area; shall be used to identify the use in nature;
            shall be for the use where it is located; shall be
19           designed to fit into the natural surroundings; and may
            be lighted as provided in Part XX. of these Regulations
20           (except that only white light is permitted in all but
            the Urban Environment) and such lighting shall only be
21           used during hours of darkness in order to conserve
            energy.
22           9. Generally, a minimum of twenty-five percent of plant
            material used for buffers or screening should be
23           evergreen and ten percent flowering; provided the
             following requirements may preempt the general
24           standards:
                a. Where noise and glare are problems, a minimum of
25               fifty percent of the plantings shall be evergreens.
                b. Where hazardous'conditions exist, hedge-type
26               arrangements with thick thorny plants may be
                required.
27               C.  Where visual screening is most important,

28                            Page 19 of 24






   EMHBIT A TO

    I ~~~evergreens and flowering trees may be required to bea
                increased to seventy-five percent of the total.
2          10.  Self-maintaining ground cover should be used to the
            edge of the buffer.
3          11.  irrigated earth berms may be used to satisfy
            screening and buf far requirements when landscaped and
4          planted with ground cover which blends with the natural
            surroundings. The same ten foot height for screen-ing. of
5          the perimeter applies.  Contours shall be designed to
            look natural and to prevent erosion. Earth berms and
6          canopy and/or other vegetation may be used in.
            combination to satisfy screening and buffer
7          requirements.

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26                           Page 20 of 24







   EXHIBIT A TO



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15 9.230.060 A dministrative Requirement.
     A.  Review.  Open space allocations shall be accepted, rejected
16   or modified during th     e site plan review process.  Where the
     allocation is accepted for a plat or short plat, the accepted
17
     land shall be precisely shown on the plat or short plat as
18   required by the Planning Department.
     B. Conditions. An allocation of open space shall not be
19   accepted unless all of the following provisions are satisfied:
            1. The land to be allocated shall not include any
20           tidelands or any buildings or structures (except
            historic sites) and shall not be covered by any
21           impervious materials or substances, except as is
            permitted under the provisions of this Chapter;
22          2.  Any land or portion thereof which has been
            substantially cleared of trees shall not be accepted
23           until it has been restored by the planting of
            vegetation, pursuant to the Forest Practices Act and
24           regulation, or until a bond has been posted in an amount
            adequate to provide assurance that tree cover will be
25           restored as a condition of site plan approval.  An
            alternative to a bond may include a letter of credit or
26           an escrow account.  A maintenance bond may be required
            to assure that the condition of landscaping does not
27           deteriorate in the future.  The bond shall remain in

28                            Page 21 of 24






   EXHIDIT A TO

I effect for two (2) years and may be extended by the
            County to ensure compliance. Ground cover shall,
2           wherever feasible, consist of native varieties in such a
            manner as to minimize the need for irrigation and/or
3           fertilization and to restore the land to a natural
            appearance;
4           3. All residential development applicants shall
            demonstrate to the satisfaction of the Planning
 S           Department or Examiner that there will be adequate means.
             to preserve, protect and maintain any open space and/or
 6           community facilities.  The methods used to satisfy this
             requirement shall be by dead restrictions running with
 7           the land covenants;
             4. open space allocated pursuant to this Chapter shall
 a consist of a separate parcel of land subject to the
             ownership provisions of this Chapter. The open space
 9           allocation in short plats may optionally consist of a
             graphically and legally described area or areas
10           designated as open space within lots within the short
             plat (identified both on the short plat and as a
11           restriction upon the deed).  Such open space allocated
             within short plats may not be counted as part of the
12           minimum lot area required by this Chapter.  If a buffer
             in a short plat is required, it may be designated as
13           open space or be part of the lot;
             5. If within the development the dwelling units will
14           generally not be owned by the occupants,, then the
             Planning Department or Examiner (as appropriate) shall
1.5          require that the applicant execute some form of
             restrictive covenant or guarantee that the provisions of
16           this chapter relating to open space shall not be
             violated;
17           6. Any impervious surfaces provided in connection with
             open space uses shall be counted as part of the maximum
la site coverage for the gross acreage of the development
             as permitted for the particular environment. The
19           maximum allowable impervious surface within the
             allocated open space shall be'as, follows:-
20               a.  Urban .................... Thirty percent
                 b.  Residential .............. Twenty percent
21               c.  Rural .................... Fifteen percent
                 d.  Rural-Residential..... ... .Not Applicable
22               e.  Conservancy-Historic.....Not applicable
                 f. Natural ............ ....... .Not applicable
23               g.  Sensitive Watershed ...... Not applicable
      C.  ownership.  In order to fulfill the intent of the Plan and
24    for the purpose of increasing density, the open space
      allocation must be owned in one of the following manners:
25           1.  Each owner of property within the proposed
             development shall retain a fractional share of undivided
26           ownership in the allocated open space and any related
             facilities;
27           2 * Owners of property within the proposed development

26                            Page 22 of 24






   EXHIBIT A TO

I shall retain a portion of said property as open space

2           with appropriate dead restrictions and listed
            responsibilities; and/or
3           3.  Pierce County or some other body or public service
            organization or company approved by the Planning
4          Department may accept a dedication of such open space
            for recreation, wildlife protection or some other open
5           space use (i.e., certain agricultural uses) in
            conformance with the Plan. A public body may accept a
6          dedication of only the development rights, thus the
            remaining use rights and miaintenance obligations will be
7          retained by the applicant or a homeowners association
            with ownership as provided in I.-
e D.  Rights and Duties.  Subject to the limitations of these
     Regulations, the person or persons retaining interest in open
9   space land shall have the following rights which may be
     exercised in respect to such land:
10-          1. The right to locate recreational facilities, such as
            tennis courts, swimming pools, picnic tables and
11           fireplaces accessory to picnic tables designed to be
            used exclusively by the owners, residents and their
12          guests;
            2. The right to locate pedestrian paths, bicycle paths
13           and bridle paths (including paths joining into any
            Peninsula-wide tr~il system);
14           3. The right to locate such community facilities as
            wells, drainfields for sewage disposal
is (individuallcommunity drainfields)., retention ponds or
            similar natural methods of on-site retention of
   16       ~~additional runoff generated, etc.  Facilities proposed
            to be located in open spate are to be reviewed by the
17           Planning Department or appropriate reviewing authority
            to ensure the purpose to which open space was allotted
18           is not jeopardized;
            4. The responsibility to ensure that no clearing,
19           grading, filling or construction of any kind will be
            allowed within the designated natural buffer
20           arealperimeter screening easements of the open space
            area, except for the placement of underground utility
21           lines or other uses permitted in Section 9.230.0600, and
            planting of supplemental landscaping. Trees may be
22           removed subject to the following conditions:
                a. If either the applicant or an adjacent property
23               owner desires to remove a tree or brush because such
                tree is diseased or dangerous, the party shall
24               request the removal in writing to the other party.
                The request can either be hand-delivered or sent by
25               certified mail.  The non-requesting party has seven
                (7) calendar days in which to respond after receipt
26               of the letter (receipt by certified mail, return
                receipt requested). Receipt is also required for
27               hand-delivered notices.

28                            Page 23 of 24






   EZH!IMT A TO

1                 A "diseased" tree shall be defined as one that in
                the opinion of the Pierce County Planning and Land
2               Services Department or an expert approved by Pierce
                County (such as but not limited to, an experienced
3               forester or an experienced landscaper), has a strong
                 likelihood of infecting other trees or brush in the
4               area or becoming dangerous as a result of the
                disease. A "dangerous" tree shall be any tree
$               which, in the opinion of the Pierce County Planning
                and Land Services Department or an expert approved
6               by Pierce County (such as, but not limited to, an
                 experienced forester or an experienced landscaper),
7               has a strong likelihood of falling in the event of a
                 sixty (60) m.p.h. wind;
8               b.  If no response is received within seven (7)
                 calendar days, the request shall be deemed approved.
9               c.  If the non-requesting party denies the request
                within seven (7) calendar days, the requesting party
10               may take the request to the Pierce County Planning
                 and Land Services Department for a final decision.
11           5.  The right to operate a farm in accordance with
             reasonable farming standards and conservation practices
12           subject to any conditions set forth in the site plan
             approval for the proposed development. Such
13           agricultural pursuits may include passive as well as
             cultivated activities;
14           6. The right to take whatever measures reasonably
             necessary to protect and maintain such land, or land or
15           property adjacent thereto or to correct a hazardous
             condition posing a threat to life, limb or property;
16           7. The right to regulate access to or entry onto open
             space land subject to the conditions stated in the site
17           plan approval for the proposed development;
             S.  The responsibility to maintain both the land and all
16           related facilities;
             9. The responsibility to maintain and preserve historic
19           structures.

20

21

22

23

24

25

26

27

28                             Page 24 of 24












                    Appendix 7















I
 1;:.            ,::    .-









                                CHAPTER 17.08

                          ENVIRONMENTAL REGULATIONS

Sections:
    17.08.010   Authority.
    17.08.020   Purpose, applicability and intent.
    17.08.030   Abbreviations.
    17.08.040   Definitions.
    17.08.050   Designation of Responsible Official.
    17.08.060   Lead Agency determination and responsibilities.
    17.08.070   Time Limits applicable to SEPA review process.
    17.08.080 Categorical exemptions.
    17.08.090   Use of exemptions.
    17.08.100   Environmentally sensitive areas.
    17.08.110   Emergency action exemption.
    17.08.120   Environmental checklist.
    17.08.130   Affirmative threshold determination.
    17.08.140   Withdrawal of negative or affirmative threshold determination.
    17.08.150   Environmental impact statement.
    17.08.160   Public notice.
    17.08.170   Substantive authority.
    17.08.180   Appeals.
    17.08.190   Public notice of appeal.
    17.08.200   Dismissal of appeal.
    17.08.210   Public hearing on appeal.
    17.08.220   Hearing Examiner - Decision.
    17.08.230   Optional procedure.
    17.08.240   Reconsideration.
    17.08.250   Appeal of Examiner's decision.
    17.08.260   Council's procedure on appeal.
    17.08.270   Notice--Statute of limitations.
    17.08.280   Fees for environmental assessments, environmental impact
                   statements, and reconsiderations.

17.08.010    Authority.
    The following regulations concerning environmental policies and procedures
are hereby established and adopted pursuant to Chapter 43.21C RCW, as amended,
entitled, "The State Environmental Policy Act of 1971" (SEPA), and the
Washington State Administrative Code, Chapter 197-11, entitled, "State
Environmental Policy Act Rules."  (Ord. 85-17 Sec. 3 (part), 1985: prior code
Sec. 66.02.001)


17.08.020    Purpose, applicability and intent.
A. The purpose of this chapter is to provide county regulations implementing
    the State Environmental Policy Act of 1971 (SEPA) which are consistent
    with the SEPA Rules.

B. This chapter is applicable to all county departments/divisions,
    commissions, boards, committees, the County Council and Executive.

C. This chapter is not intended to require County compliance with the
    National Environmental Policy Act of 1969 (NEPA). When the county is
    required by federal law or regulations to be in compliance with NEPA, such





   compliance shall be governed by the applicable federal statute and/or
    regulations and not by this chapter. (Ord. 85-17 Sec. 3 (part), 1985:
   prior code Sec. 66.02.005)


17.08.030    Abbreviations.
   The abbreviations used herein are defined as follows:
    1.    DEIS  -  Draft Environmental Impact Statement;
    2.    DNS   -  Declaration of Nonsignificance;
    3.    DPD   -  Department of Planning & Development;
    4.    DS -  Declaration of Significance;
    5.    EIS   -  Environmental Impact Statement;
    6.    FEIS  -  Final Environmental Impact Statement;
    7.    NEPA  -  National Environmental Policy Act;
    B.    SEIS  -  Supplemental Impact Statement;
    9.    SEPA  -  State Environmental Policy Act;
    10.   WAC   -  Washington Administrative Code.
    (Ord. 85-17 Sec. 3 (part), 1985: prior code Sec. 66.02.010)


17.08.040    Definitions.
    Pierce County adopts by reference the definitions stated in WAC 197-11-700
through 197-11-799 as now or hereafter amended. In addition to those
definitions, the following terms shall have the following meanings unless the
context indicates otherwise:
A. 'Aggrieved person" means the project sponsor, or any person affected by
    the proposal.

B. 'Council' means the Pierce County Council.

C. 'County' means all unincorporated areas of Pierce County.

D.  "Departmento means any division, subdivision, or organizational unit of
    Pierce County, established by regulations, resolution or order.

E. 'Hearing Examiner' means the Pierce County Hearing Examiner, as appointed
    by the Pierce County Council.

P. 'License' means any form of written permission given to any person,
    organization, or agency to engage in any activity, as required by law or         
    agency rule. A license includes all or part of a county permit,
    certificate, approval, registration, charter, or plat approvals or rezones
    to facilitate a particular proposal. The term does not include a license
    required solely for revenue purposes.

G.  "Ordinance' means the ordinance, resolution or other procedure used by
    Pierce County to adopt regulatory requirements.

E.  "SEPA Rules" means WAC Chapter 197-11 adopted by Washington State
    Department of Ecology as now or hereafter amended.
    (Ord. 85-17 Sec. 3 (part), 1985: prior code Sec. 66.02.015)






                                     -2-








17.08.050 Designation of Responsible Official.
   For those proposals for which Pierce County is the lead agency, the
Responsible Official shall be the Director of Planning and Development and/or
his/her designee. (Ord. 85-17 Sec. 3 (part), 1985: prior code Sec. 66.02.020)


17.08.060 Lead agency determination and responsibilities.
A.  When receiving an application for or initiating a proposal that involves a
    nonexempt action, the Responsible Official shall determine the lead agency
    for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940;
    unless the lead agency has been previously determined or the department is
    aware that another agency is in the process of determining the lead
    agency.

B.  For all proposals for which Pierce County is the lead agency, the
    Responsible Official shall make the threshold determination, supervise
    scoping and preparation of any required environmental impact statement
    (EIS), and perform any other functions assigned to the 'lead agency" or
    "Responsible Official" by those sections of the SEPA rules that were
    adopted by reference in WAC 197-11. (Ord. 189-72s)

C.  In addition, the Responsible Official shall be responsible for preparation
    of written comments for Pierce County in response to a consultation
    request prior to a threshold determination, participation in scoping,
    and/or reviewing a DEIS.

D.  This person shall be responsible for the County's compliance with WAC 197-
    11-550 whenever the County is a consulted agency and is authorized to
    develop operating procedures that will ensure that responses to
    consultation requests are prepared in a timely fashion and include data
    from all appropriate departments of the county.

E.  Pierce County shall retain all documents required by the SEPA rules (WAC
    Chapter 197-11) and make them available in accordance with RCW Chapter
    42.17.

F.  When the county is the lead agency for a proposal, the Responsible
    Official shall supervise compliance with the threshold determination
    requirements, and if an EIS is necessary, shall supervise preparation of
    the EIS.

G.  When Pierce County is not the lead agency for a proposal, all departments
    of the county shall use and consider, as appropriate, either the DNS or
    the final EIS of the lead agency in making decisions on the proposal. The
    Responsible Official shall not prepare or require preparation of a DNS or
    EIS in addition to that prepared by the lead agency, unless required under
    WAC 197-11-600. In some cases, the county may conduct supplemental
    environmental review under WAC 197-11-600.

H.  If the county or any of its departments receives a lead agency deter-
    mination made by another agency that appears inconsistent with the
    criteria of WAC 197-11-922 through 197-11-940, it may object to the
    determination. Any objection must be made to the agency originally making
    the determination. If the objection is not resolved within fifteen days
    of receipt of the determination, the county shall petition the Department


                                     -3-    -






   2. Pierce County, upon the recommendation of the Responsible Official, may
       withhold approval of an exempt action that would lead to modification of the
       physical environment, when such modification would serve no purpose if
       nonexempt action(s) were not approved; and

   3. Pierce County may withhold approval of exempt actions that would lead to
       substantial financial expenditures by a private applicant when the expendi-
        tures would serve no purpose if nonexempt action(s) were not approved.
        (Ord. 85-17 Sec. 3 (part), 1985: prior code Sec. 66.02.040)

17.08.100    Environmentally sensitive areas.
A.  In accordance with WAC 197-11-908, Pierce County designates the following areas
   as being environmentally sensitive areas:
    1. Areas designated Natural by the Pierce County Shoreline Management Master
        Program environment maps.
    2. The drainage basins of the following commercial oyster-growing bays as
        depicted on Sensitive Area maps on file in the Pierce County Department of
        Permits and Land Services:
        a. Burley Lagoon,
        b. Minter Bay,
        c. Rocky Bay, and
        d. Filucy Bay.
    3. Clear Creek (Summit-Waller Road area) as depicted on Sensitive Area Maps on file
        in the Pierce County Department of Permits and Land Services. (Ord. 89-119)
    The above-stated maps are adopted in this chapter by reference as part of this
    regulation.
    The following categorical exemptions set forth in WAC 197-11-800 shall not apply
    when a project proposal is located in or partially within sensitive areas: WAC
    197-11-800 (1),(2c),(2e),(2f),(2g),(6a),(25h).

B.  The county shall treat proposals located wholly or partially within an
    environmentally sensitive area no differently than other proposals under this
    chapter, making a threshold determination for all such proposals. The county
    shall not automatically require an EIS for a proposal merely because it is
    proposed for location in an environmentally sensitive area.

C.  Certain exemptions do not apply to lands covered by water, regardless of whether
    such lands covered by water are mapped.
    (Ord. 85-17 Sec. 3 (part), 1985: prior code Sec. 66.02.045)


17.08.110    Emergency action exemption.
A.  The following actions which must be undertaken immediately or for which there is
    insufficient time for full compliance with this chapter, are exempt from the
    procedural requirements of this chapter:
    1. Actions necessary to prevent an imminent threat to public health or safety;

    2. Actions necessary to prevent an imminent danger to public or private
        property; or

    3.  Actions necessary to prevent an imminent threat of serious environmental
        degradation.










B. The Responsible Official shall determine on a case-by-case basis emergency
    action which satisfies the general requirements of this section.
    (Ord. 85-17 Sec. 3 (part), 1985: prior code Sec. 66.02.050)


17.08.120    Environmental checklist.
A. A completed environmental checklist (or a copy), in the form provided in
    WAC 197-11-960, shall be filed for any permit, license, certificate, or
    other approval not specifically exempted in this chapter; except, a
    checklist is not needed if the county and applicant agree an EIS is
    required, SEPA review has been completed, or SEPA compliance has been
    initiated by another agency. The county shall use the environmental
    checklist to determine the lead agency and for making the threshold deter-
    mination.

B. All private applicants shall complete their own environmental checklist,
    with assistance from Pierce County as necessary. County departments
    initiating a proposal shall complete the environmental checklist for that
    proposal.

C.  The county may require that it, rather than the private applicant,
    complete all or part of the environmental checklist for a private
    proposal, if either of the following occurs:
    1. The county has access to technical information not available to the
        private applicant; or

    2. The applicant has provided inaccurate information on previous
        proposals or on proposals currently under consideration.
        (Ord. 85-17 Sec. 3 (part), 1985: prior code Sec. 66.02.055)


17.08.130    Affirmative threshold determination.
    In the event the Responsible Official or the Hearing Examiner determines
that a proposal is likely to have a significant adverse effect on the quality
of the environment, the Responsible Official shall prepare a determination of
significance using the form in WAC 197-11-980. The Responsible Official shall
also list the proposal in the "EIS in Preparation Register" maintained in the
Department of Planning and Development. Thereafter, the EIS and scoping and
preparation procedures specified by WAC 197-11-408 through and including 197-
11-460 shall be followed. (Ord. 85-17 3 (part), 1985: prior code 66.02.060)


17.08.140    Withdrawal of negative or affirmative threshold determination.
    In some cases, as specified by WAC 197-11-340, 197-11-360 and 197-11-600,
the county may withdraw its affirmative or negative threshold determination.
(Ord. 85-17 Sec. 3 (part), 1985: prior code Sec. 66.02.065)


17.08.150    Environmental impact statement.
A. Pierce County adopts by reference WAC 197-11-400 through 197-11-460, as
    now or hereafter amended. The contents and preparation procedures for
    draft environmental impact statements shall be governed by the SEPA rules
    cited herein or as hereafter amended.



                                     -7-






B.  Preparation of the draft and final EIS (DEIS and FEIS) and draft and final
    supplemental EIS's (SEIS) shall be under the direction of the Responsible
    Official. Before the county issues an EIS, the Responsible Official shall
    be satisfied that it complies with this chapter and WAC Chapter 197-11.
    1. The DEIS and FEIS or draft and final SEIS shall be prepared by county
        staff, the applicant, or by a consultant selected by the county or the
        applicant. If the Responsible Official requires an EIS for a proposal
        and determines that someone other than the county will prepare the
        EIS, the Responsible Official shall notify the applicant within five
        working days after completion of the threshold determination. The
        Responsible Official shall also notify the applicant of the county's
        procedure for EIS preparation, including approval of the DEIS and FEIS
        prior to distribution.

    2. The county may require an applicant to provide information the county
        does not possess, including specific investigations. However, the
        applicant is not required to supply information not required under
        this chapter or information requested from another agency pursuant to
        this chapter. (Ord. 85-17 Sec. 3 (part), 1985: prior code Sec.
        66.02.070)

17.08.160    Public notice.
A.  Whenever Pierce County issues a DNS under WAC 197-11-340(2), a DS under
    WAC 197-11-360(3), a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-
    11-620, notice shall be given as follows:
    1. Include with public notice required for a nonexempt license, notice
        stating whether a DS, DNS, DEIS, or SEIS has been issued and, if
        appropriate, when comments are due;

    2. In the event no public notice is required for the permit or approval,
         the project applicant shall insure notice is given by publishing
        notice in a newspaper of general circulation in the county or general
        area where the proposal is located as determined by the Responsible
        Official. When publishing notice, the thirty-day appeal period
         required herein will begin on the date of publication.

     3. The Responsible Official may require notice by alternative methods or
         additional notice such as posting the property if deemed necessary to
         provide adequate public notice of a pending action;

     4. Whenever the county issues a DS under WAC 197-11-360(3), the county
         shall state the scoping procedure for the proposal in the DS as
         required in WAC 197-11-408 and in the public notice.

 B.  The applicant is required to complete the public notice requirements for
     his/her proposal and provide affidavits of publishing to the DPD. The
     applicant will be required to pay the cost of any notice required pursuant
     to subsections A2 and A3 of this section. (Ord. 85-17 Sec. 3 (part), 1985:
     prior code Sec. 66.02.075)


 17.08.170    Substantive authority.
 A. The policies and goals set forth in this ordinance supplement existing
     state and county laws of Pierce County.









    B. The County may attach conditions to a permit or approval for a proposal
        provided that:
        1. Such conditions are necessary to mitigate specific probable adverse
            environmental impacts identified in environmental documents prepared
            pursuant to this ordinance; and

        2. Such conditions are in writing; and

         3. The mitigation measures included in such conditions are reasonable and
            capable of being accomplished; and

         4. The County has considered whether other local, state, or federal
            mitigation measures applied to the proposal are sufficient to mitigate
             the identified impacts; and

         5. Such conditions are based on one or more policies in subsection (4) of
             this section and cited in the license or other decision document.

     C. The County may deny a permit or approval for a proposal on the basis of
         SEPA provided that:
         1. A finding is made that approval of the proposal would result in
             probable significant adverse environmental impacts that are identified
             in a FEIS or final SEIS prepared pursuant to this ordinance; and

         2. A finding is made that there are no reasonable mitigation measures
             capable of being accomplished that are sufficient to mitigate the
             identified impact; and

         3. The denial is based on one or more policies identified in subsection
             D. of this section and identified in writing in the decision
             document. (Ord. #89-72s)

     D. The County adopts the following policies as the basis for the County's
         exercise of authority pursuant to this section:
         1. The County shall use all practicable means, consistent with other
             essential considerations of state policy, to improve and coordinate
             plans, functions, programs, and resources to the end that the state
             add its citizens may:
             a. Endeavor to achieve for the people of Pierce County safe,
                healthful, and aesthetically pleasing surroundings;
             b. Preserve important historic, cultural, and natural aspects of our
                national heritage;
             c. Achieve a balance between population and resource use; and
             d. Enhance the quality of renewable resources and approach the maximum
                attainable recycling of depletable resources.

         2. Policies included in the following County (codes, ordinances,
             resolutions, plans) as now existing or hereafter amended, shall
P            ~~~~supplement this Chapter:
             a. The Pierce County Comprehensive Plan;
             b. The Gig Harbor Peninsula Comprehensive Plan and Development
                 Regulations;
             c. The Lakes District Comprehensive Plan;
             d. The Parkland-Spanaway Comprehensive Plan;

             e. The Interim Policies for t'he Bridgeport Way Corridor;

                                          -9-       - _ _  _ _                 _





       f. The Pierce County Shoreline Master Program and Regulations;
       g. The Pierce County Zoning Code;
       h. The Pierce County Subdivision Ordinance;
       i. The Pierce County Comprehensive Park and Recreation Plan;
       j. The Pierce County Fire Flow Ordinance
       k.  The Hylebos Basin Drainage Plan;
       I. The 144th St. Drainage Basin Plan;
       M. Interim HUD Flood Insurance Study for Pierce County;
       n. Pierce County Road Standards;
       o. Pierce County Road Approach Standards;
       p. The Burley/Minter Drainage Basin Water Quality Plan;
       q. The Kitsap Basin Water Pollution and Abatement Plan;
       r. Chambers Creek-Clover Creek Sewerage Control Plan;
       s. Puyallup River Basin General Sewerage Plan;
       t.  Chambers-Clover Creek Drainage Basin Plan;
       u. Housing Assistance Plan;
       v. Parkland-Spanaway Zoning Code:
       w. Pierce County Regulations for Proposed Developments using Local
           Access Roads;
       x. Pierce County Flood Damage Prevention Regulations;
       y. Pierce County Grading, Filling and Clearing Ordinance;
       z. Pierce County Off-Site Road Improvement Ordinance;
       aa. Chapter 2.88, Pierce County Code, Structures of Historical and
           Architectural Significance;
       ab. Pierce County Fair Housing Regulations;
       ac. Noise Pollution Control Regulations;
       ad. Title 8, Pierce County Code, Health and Welfare;
       ae. Title 15, Pierce County Code, Building Construction;
       af. Title 12, Roads and Rights-of-way;
       ag. Pierce County Sludge Utilization Policy;
       ah. Pierce County Utilities Department Sludge Management Program; and
       ai. Pierce County Storm Drainage Ordinance;
(Ord. 85-17 Sec. 3 (part), 1985: prior code Sec. 66.02.080)
       aj. Pierce County Wetland Management Policies; (Ord. %88-182)
       ak. Pierce County Wetland Inventory. (Ord. %88-197)
       al. Summit-Waller Community Plan. (Ord. #89-72s)


17.08.180 Appeals.
A.  Pierce County established the following administrative appeal procedures
    under RCW 43.21C.075 and WAC 197-11-680:
    1.  An applicant for a permit and/or variance, other than one requested
        pursuant to the Shoreline Management Master Plan, whose proposal is
       denied or conditioned on the basis of SEPA, may appeal said denial or
        condition as set forth in this section.

    2. Any agency or person may appeal the county's procedural compliance
        with WAC Chapter 197-11 for issuance of a final DNS, a DS or a FEIS.

    3.  Any appeal under this chapter must be perfected by filing a written
        notice of appeal on appropriate forms with the DPD, along with the
        appropriate appeal fee, within thirty days of the date of the final
        determination of the DS, DNS, or MDNS, (as established pursuant to WAC
        197-11-390) or within thirty (30) days of the date of issuance of the
        FEIS (as established pursuant to WAC 197-11-460). (Ord. 189-72s)









    4. If any appeal of the Responsible Official's decision is filed pursuant
        to this chapter, said Responsible Official shall prepare Findings and
        Conclusions regarding the decision. The above shall be made available
        to the appellant and the public in a timely manner. The appellant
        shall have ten days from the date of issuance of the Responsible
        Official's Finding and Conclusions to amend the notice of appeal to
        state with specificity the decisions or procedure being appealed and
        the reasons why the appealed decision or procedure should be revised
        or modified.
    5. As provided by RCW 43.21C.075(3)(d), the procedural determination by
        the county's Responsible Official shall be entitled to substantial
        weight in any appeal proceeding. (Ord. 489-72s)


17.08.190    Public notice of appeal.
    Whenever Pierce County receives a timely notice of appeal under this
chapter, properly perfected, the county shall give public notice by:
A. Publishing notice in a newspaper of general circulation in the county or
    general area where the proposal is located; and
B. Mailing notice to the appellant, project sponsor, and any individuals
    requesting notice. (Ord. 85-17 Sec. 3 (part), 1985: prior code Sec.
    66.02.090)


17.08.200    Dismissal of appeal.
    The Hearing Examiner may summarily dismiss an appeal without hearing when
such appeal is determined by the Examiner to be without merit on its face,
frivolous, or brought merely to secure a delay, or that the appellant lacks
standing to appeal. (Ord. 85-17 Sec. 3 (part), 1985: prior code Sec.
66.02.091)


17.08.210    Public hearing on appeal.
A. Except as provided in Section 17.08.200 and 17.08.230, the Hearing
    Examiner shall conduct public hearings on all appeals relating to this
    chapter. The decision of the Hearing Examiner is final unless appealed to
    the Pierce County Council as set forth in this chapter. The Hearing
    Examiner shall have jurisdiction to review de novo a determination of the
    Responsible Official. The Hearing Examiner may adopt, amend and adopt,
    amend, or reverse the determination of the Responsible Official. (Ord.
    #89-72s)
B. All public hearings conducted by the Hearing Examiner shall be tape-
    recorded. Any testimony provided shall be under oath. (Ord. 85-17 Sec. 3
    (part), 1985: prior code Sec. 66.02.092) (Ord. 489-72s)


17.08.220    Hearing Examiner-Decision.
    Within ten working days of the conclusion of the hearing, the Examiner
shall render a decision or recommendation, together with findings of fact and
conclusions, and shall transmit a copy thereof to all parties of record.
 (Ord. 85-17 Sec. 3 (part), 1985: prior code Sec. 66.02.093)





17.08.230   optional procedure.
    The Hearing Examiner may render a decision on an appeal, in writing,
without holding a public hearing when the parties agree that no issues of fact
are to be decided. When issues of law are to be determined and opposing
parties agree, they may request the Hearing Examiner to render a decision
based upon written briefs. The Hearing Examiner shall render a written
decision within ten working days of receipt of briefs. (Ord. 85-17 Sec. 3
(part), 1985: prior code Sec. 66.02.094)


17.08.240   Reconsideration.
A. An aggrieved party of record may, within seven working days of the date of
    the written decision, file with the DPID a written request for reconsider-
    ation by the Examiner. This request shall set forth alleged errors or
    misinterpretations of fact by the Examiner, and the Examiner may, after
    review of the record, take such further action as deemed proper and may
    render a revised decision. Only one request for reconsideration may be
    filed by any one person or party even if the Examiner reverses or modified
    the original decision or changes the language in the decision originally
    rendered.

B3. "Parties of record' are those persons who have:
    1. Testified before the Examiner; or

    2. Listed their names on a sign-up sheet which is available during the
        Examiner's hearings; or

    3. Advised the Planning Department, in writing, of their desire to be a
        party of record;

    4. At the discretion of the Examiner are determined to be affected by or
        have an interest in the proceeding.
    (Ord. 85-17 Sec. 3 (part), 1985: prior code Sec. 66.02.095)


17.08.250   Appeal of Examiner's decisioni.
    The final decision by the Examiner may be appealed to the Council by any
aggrieved party of record. Said appeal procedure is as follows:
A. The appellant must file written notice of appeal with the DPD, along with
    the the $250.00 appeal fee, within ten (10) working days of the date of
    mailing of the Examiner's final decision; provided, that if the Examiner
    was requested to reconsider the decision, then the appeal must be filed
    within ten working days of the mailing of the Examiner' s final order or
    decision on the reconsideration recruest. (Ord. 87-201)

B. The notice of appeal shall concisely specify each error and/or issue which
    the Council is asked to consider on appeal.

C. Upon the filing of an appeal, the DPD shall forward nine copies of the
    Examiner's decision, nine copies of the official file, and a tape-
    recording of the proceedings before the Examiner to the Clerk of the
    Council.





                                     -12-








17.08.260   Council's procedure on appeal.
A.  The Council's procedure for an appeal of the Examiner's decision shall be
    governed generally by Pierce County Code 61.20 and the Council's Permanent
    Rules of procedures.

B.  The decision of the Council approving or rejecting the decision of the
    Examiner in any appeal of the final threshold determination or FEIS is
    final and conclusive unless SEPA issues related to the threshold
    determination or FEIS are raised in a judicial appeal of the underlying
    governmental action (defined at WAC 197-11-799).

    1. If there is a time limit established by statute or ordinance for
        appealing the underlying governmental action, then appeals (or
        portions thereof) raising SEPA issues must be filed within thirty (30)
        days after DPD gives official notice according to WAC 197-11-680(5).

    2. The Council shall give notice under WAC 197-11-680(5) when it takes
        final action on an appeal of a Hearing Examiner decision for which a
        statute or ordinance establishes a time limit for commencing a
        judicial appeal.

    3. In any instance where subsection B.l. of this Section allows the SEPA
        portion of a judicial appeal to be filed after the time limit
        established by statute or ordinance for appealing the underlying
        governmental action, some judicial action must be filed within the
        time set by statute or ordinance. That action may be later amended
        within thirty (30) days after the agency gives official notice to
        raise SEPA issues.

C. Where SEPA issues were raised first during an administrative appeal, any
    person desiring to raise SEPA issues in a judicial appeal must file a
    notice of intent to do so with the Responsible Official within the time
    limit set by statute or ordinance for appealing the underlying
    governmental action.
 (Ord. 189-72s)


17.08.270   Notice-Statute of Limitations.
A. The county, applicant for, or proponent of an action may publish a notice
    of action pursuant to RCW 43.21C.080 for any action.

B. The form of the notice shall be substantially in the form provided in WAC
    197-11-990. The notice shall be published by the applicant or proponent
    pursuant to RCW 43.21C.080. (Ord. 85-17 Sec. 3 (part), 1985: prior code
    Sec. 66.02.098)


17.08.280   Fees for environmental assessments, environmental impact statements,
            and reconsiderations.
    The following fee schedule applies to environmental assessments or environmental
impact statements as required pursuant to the State Environmental Policy Act of
1971, for applications or requests for county action in accordance with the
provisions of this chapter.






(1) The Environmental Assessment - Base fee of $100.00.  If an expanded checklist is
   required by the Environmental Official, an additional $75.00 fee will be
   assessed. (Nonrefundable) (Ord. 87-201, 1988)
(2) Environmental Impact Statement - Base fee of $750.00 for first twenty hours of
   professional work, plus $40.00 per hour for each hour thereafter.
    (Nonrefundable) (Ord. 87-201, 1988)
(3) Determinations of nonsignificance or final environmental impact statements which
   are required to be prepared and submitted by other local, state or federal
   quasi-public agencies, are exempt from payment of fees required pursuant to this
   chapter. However, the costs of preparing an environmental impact statement
   shall be borne by said other entity.  (Ord. 87.201, 1988; Ord. 85-182S Sec. 3
    (part), 1985; Ord. 85-17 Sec. 3 (part), 1985; prior code Sec. 66.02.100)
(4) Reconsideration of a decision by the Hearing Examiner - No Fee. (Ord. 87-201, 1988)






PRM:1708









































                                     -14-





   FIGURE 5 -SENSITIVE ARE& BOUNDARY
        ............~~~~~~~    .. ..
                .  .... ......









                .~~~~~~~~~~~~ ~                  P1..N   ..         i...

















     ..A ~ ~~~~~N.~                           IGHA
                                 ~~                                  p..EIN
                                                    REHENSA
   ....'  S.                     *  \                *~~~PLA



















'IACOtIArPIERCE COUNTY IMPALTH D ZPARj h-, 
                                                        SENSITIVE AREA!
                                -26-






























                                       ~~~~~~~~~~~~~LA


FI77                                               #
           ï¿½ I ~~~~~~ I I IS?    J  I~~~~~~~~el
                                                ram~_   cv


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             .1~~~  4~~T4~~~J                 512                      A           V~rac









Appendix 8







                                                          County Staff Proposal
                                                                          Draft
                                                                January 6, 1992


                THURSTON COUNTY


                          PROPOSALS


                FOR RURAL ZONING

The process used to prepare these alternative proposals began with the County staff
meeting with a citizens work group to discuss the rural goals and policies of the
Comprehensive Plan. County staff prepared a preliminary proposal covering rural
residential zoning and cluster housing and, based on comments from the citizens work
group, made some revisions to it. Individual citizens work group members also prepared
separate proposals on clustering. These proposals were presented to the County Planning
Commission in October 1991. The Commission agreed that the two rural zoning
alternatives and cluster policies discussed in this report should be brought forward to the
public workshops and Planning Commission hearings. Also included here are proposals
for a new Public Preserves District and Military Reservation District. While the
proposals described in this report do not represent a concensus of the citizens work
group, the group was instrumental in identifying key issues related to rural zoning and
developing alternative solutions to those issues.
Citizens Work Grout Members
Doug DeForest                    Olympia Master Builders
Steve Smith                      Olympia Master Builders
Jeff Powell                      Prime Locations Inc.
Joseph Beaulieu                  Olympia-Thurston County Chamber of Commerce
Nick Adams                       CLUE
John Huddleston                  Yelm Chamber of Commerce
Priscilla Terry                  Lacey Area Chamber of Commerce
Jerry Parker                     Sensible Growth Coalition
Gita Moulton                     SPEECH
Ed Sapinsley                     Jonas Hill Neighbors
Sandy Moore                      Sierra Club
Jean Stamn                       Black Hills Audubon
Joann Lysak                      Northeast Thurston Action
Hans Littooy                     Delphi Association
Jim Holly                        Thurston Futures
46:lb101921U6.281








                  RURAL ZONING ALTERNATIVES

The 1988 Thurston County Comprehensive Plan states that the rural area should:

1.    Maintain a balance between human uses and the natural environment;
2.    Maintain the land and water environments required by natural resource-based
      economic activities, wildlife habitats, rural lifestyles, outdoor recreation and
      other open space; and
3.    Develop at low levels of intensity so that demands will not be created for high
      levels of public services and facilities.

The Comprehensive Plan defines the rural area as including a mixture of small farms,
pastures, wooded areas, scattered residences and rural residential developments,
recreational lakes, rivers, marine shorelines, and undeveloped areas where outdoor
recreation and other open space activities occur.

The rural area is an integral part of the growth management strategy embodied within
the Comprehensive Plan. Setting aside areas within the County for low intensity rural
uses allows resource activities and rural character to be maintained, with low public
service demands, while still accommodating growth within identified urban growth
areas. Accordingly, an important assumption in considering zoning densities for the
rural area is that the growth areas of the County will accommodate most of the
projected population growth over the next 20 years and that the rural area will not be
used for spillover growth.

In or der to bring the zoning within the rural area into consistency with the 1988
Comprehensive Plan, the Board of County Commissioners in 1990 adopted a
countywide rezone to one dwelling unit per five acres. In taking this action, the Board
recognized that some parcels within the rural area meet the Comprehensive Plan criteria
for higher densities. Therefore, staff was directed to determine which parcels are
consistent with those criteria and to return with proposed zoning revisions by
early 1992.

County staff prepared an initial rural zoning proposal based on the Comprehensive Plan
criteria described below. Upon review by the County Planning Commission, it was
decided that two alternatives should be brought forward to the public workshops and
Planning Commission hearings. These alternatives provide for limited development at
densities higher than one residence (dwelling unit) per five acres due to concerns about
the cost of providing public services and facilities, water quality, soil suitability and the
need to conserve lands for resource uses and to protect critical areas.







           1 DWELLING UNIT PER 5 ACRES DISTRICT

THE COMPREHENSIVE PLAN PROVIDES FOR 1 DU/5 ACRES AS THE
COMMON DENSITY IN RURAL AREAS, TO BE APPLIED TO AREAS:

ï¿½      With severe soil limitations.
*      With steep slopes.
ï¿½ With very limited ground water.
*      In/or adjacent to farm or forest lands or aquaculture management districts.
*      Too far from urban areas to enable cost effective provision of public services.
*      That contain land uses that do not require extension or provision of urban
      services.
*      That are in larger parcels, over five acres in size.

ALTERNATIVE PROPOSALS:

Alternative A - Retains 1 du/5 acre zoning where 5 acre or larger parcels represent the
predominant development pattern, except in long-term resource areas, public preserves
and Fort Lewis. AlU existing legal lots less than 5 acres in size within this district are
grandfathered.

Alternative B - Retains 1 du/5 acre zoning, except in long-term resource areas, public
preserves and Fort Lewis. All existing legal lots less than 5 acres in size within this
district are grandfathered.


           i DWELLING UNIT PER 2 ACRES DISTRICT

THE COMPREHENSIVE PLAN ALLOWS I DU/2 ACRE DENSITY IN
RELATIVELY SMALL AREAS:

ï¿½      To provide a buffer between existing rural developments and areas of higher or
      lower densities.
*      To provide a transition between existing rural residential subdivisions and lower
      intensity rural areas.
*      Where a density higher than one unit per five acres already exists.
ï¿½      Where soil conditions are able to handle the cumulative long term impacts of on-
      site sewage disposal without adverse impacts to ground and surface waters.



                                       2







ALTERNATIVE PROPOSALS:

Alternative A - Allows I du/2 acre zoning in non-shoreline areas where 75% or more
of the existing lots within an 80-acre area are 2 acres in size. Along shorelines, I du/2
acre zoning occurs only where 90% or more of existing lots within a 40-acre area are
2 acres in size.

Alternative B - This zoning district is not included in Alternative B. All existing legal
lots less than 5 acres in size are grandfathered.


            1 DWELLING UNIT PER 1 ACRE DISTRICT

THE COMPREHENSIVE PLAN ALLOWS 1 DU/1 ACRE DENSITY ADJACENT
TO URBAN AREAS:

ï¿½     To provide a buffer between rural areas and high urban densities, where no
      natural buffers such as ravines or public open space exist.
*     Where site development practices such as clustering will also be used to buffer
      rural areas and to maintain large tracts of open areas.
ï¿½ Where  a mix of higher density residential developments,  scattered single
      residences, and small farms exist, and where some exclusively residential
      developments are expected to continue to occur.
ï¿½     Where extensive environmental development constraints are expected to result in
      an overall density average lower than one unit per acre.
      Where soil conditions are able to handle the cumulative long-term impacts of on-
      site sewage disposal without adverse impacts to ground and surface waters.

ALTERNATIVE PROPOSALS:

Alternative A - Allows 1 du/1 acre zoning in non-shoreline areas where 75% or more
of the existing lots within an 80-acre area are I acre in size. Along shorelines, 1 du/1
acre zoning occurs only where 90% or more of existing lots within a 40-acre area are
1 acre in size.

Alternative B - This zoning district is not included in Alternative B. All existing legal
lots less than 5 acres in size are grandfathered.





                                        3







          2 DWELLING UNITS PER I ACRE DISTRICT

THE COMPREHENSIVE PLAN ALLOWS 2 DU/l ACRE DENSITY IN VERY
LIMITED AND EXCEPTIONAL CIRCUMSTANCES:

*     Where development and platted lots around marine and freshwater shorelines or
      other recreational amenities exist.
ï¿½     Where small lot residential development already exists.
*     Where shoreline resources and ground and surface water can handle long-term,
      higher density use without adverse impacts.
*     Where community water systems can be efficiently provided.

ALTERNATIVE PROPOSALS:

Alternative A - Allows 2 du/l acre zoning only where 90% or more of the existing lots
within an 80-acre area (40-acre area along shorelines) are 1/2 acre or smaller in size.

Alternative B - This zoning district is not included in Alternative B. All existing legal
lots less than 5 acres in size are grandfathered.


                   PUBLIC PRESERVES DISTRICT

THE COMPREHENSIVE PLAN CALLS FOR:

      Preservation of high quality examples of the natural environment.
      Protection of sensitive or significant natural features or habitat.

ALTERNATIVE PROPOSALS:

Alternatives A and B both include a new Public Preserves District, which is composed
of open space areas that are specifically set aside for conservation purposes.
Additionally, state parks, which are of regional significance, are included in this district
(see Attachment 1).







                                      4







               MILITARY RESERVATION DISTRICT

The Fort Lewis Military Reservation is federally owned and, therefore, exempt from
County zoning regulations. Staff is proposing that the base be placed in a Military
Reservation District which recognizes its current military use.

ALTERNATIVE PROPOSALS:

Alternatives A and B both include a new Military Reservation District that encompasses
the Fort Lewis military base.


              INNOVATIVE LAND USE TECHNIOUES

Two innovative land use techniques, planned rural residential development (clustering)
and Transfer of Development Rights are proposed to complement the rural residential
zoning and to further ensure that the rural goals and policies of the Comprehensive Plan
are met. These techniques provide an alternative to conventional large-lot subdivisions
and can accommodate a wider variety of rural uses on an individual property. Further
information about these two land use techniques will be available at the upcoming public
hearings.



46:rbUb\0192i9..511









                                                                                    December 1991

                         PROPOSED PUBLIC PRESERVES DISTRICT
                                        THURSTON COUNTY



                                                     Ownership        Size                Location
                                                                    (Acres)     (Section-Township-Range)

 Johnson Point-Wetlands                                County                 26   9-19-1W
 Tolmie State Park                                     State                 106  23-19-1W
 Nisqually Wildlife Refuge                             Federal/State      2,632   31/32-19-lE & 5/6-18-1E
 Woodard Bay Natural Resource Conservation Area        State                627   18/19-19-1W
 Woodland Creek Wetlands Preserve                      County                 75  4-18-1W & 33-19-1W
 McAllister Springs                                    Olympia              223   19-18-1E
 McLane Creek Recreation Area                          State                  42   36-18-3W
 Millersylvania State Park                             State                 841   26/27-17-2W & 34/35-17-2W
 Mima Mounds Natural Area Preserve                     State                445   3/4-16-3W & 9/10-16-3W
 Black River - Mima Prairie Glacial Heritage           County              1,017   14/15-16-3W & 22/23-16-3W
 Preserve
 Black River Natural Habitat Area                      County                 11   30-16-3W
 Elbow Lake Park                                       State/County          320   32-16-3E
 Bald Hill Natural Area Preserve                       State                291   4/5-15-3E & 32/33-16-3E
 Lake Lawrence Park                                    County                 15   38-16-2E
 Nisqually River State Park                            State                 163   29-16-4E
                                                 TOTAL ACREAGE: 6,834

46:lbm192m.231










                                                                                       ATTACHMENT 1









Appendix9







                                                17.02.260

         communicated effectively?

   In addressing the questions of economy versus the
   structure of the TDR program, the Planning Commission
   may wish to compare Island County to similar rural
   communities. Much of the information which will be
   compiled to facilitate the evaluation of the TDR
   program will come from individuals who have
   transferred and/or used TDRs. It will be more
   difficult to obtain information from those who did not
   use development rights. Therefore, the Planning
   Commission may wish to perform a random sampling of
   County residents and property owners.

Planned Residential Development Program

This Chapter allows PRDs on parcels over ten (10) acres,
but smaller than twenty (20) acres, in size and on
parcels twenty (20) acres or larger in size. The
 following procedures are intended to provide the
 information necessary and a mechanism for evaluating
 whether the program is functioning to achieve a better
 pattern of development.

 1. Records

     The Planning Director shall keep a record of the
     following information:

     (a) application for use approval for a PRD;

     (b) application for preliminary approval for a PRD;

     (c) application for final approval for a PRO;

     (d) size and density of the proposed PRO;

     (e) date of application;

      (f) date of approval, modification or denial;

      (g) reasons for modification or denial, if the
          application is modified or denied;

      (h) expiration of preliminary approvals prior to
          application for final approval;

      (i) reapplication by an applicant whose preliminary
           approval expired or whose application was
,o .,      denied; ,.           '      ' .  "  -:-

      (j) comments from owners of surrounding property
           regarding compatibility; and




                                                  17.02.260

      (c)  segregations or plats of 5 and 10 acre
           tracts.

  2.  Review

      The first review of the records compiled by the
      Planning Director under this section shall begin
      within twenty four (24) months of the effective date
      of this Chapter. Subsequent review shall occur
      not less than two (2) years nor more than four (4)
      years following completion of the previous review.

      This review shall summarize all act!' 4ty relative to
      planned residential developments ar  shall consider:

       (1)  Are changes in the use approval or PRD processes
            needed to improve the functioning of the system
            to achieve a better pattern of development?

       (2) If the  system is not so functioning, at what
            juncture has it failed?

       (3) Are PRDs compatible with the predominant pattern
            of development in the surrounding community?

       (4) Are the site coverage standards appropriate?

       (5)  Is openspace functioning as an intergral part of
            the PRDs?

       (6)  Should a recreation area in the RR zone be
            Irequired?
       (7) Are homeowners' associations functioning
            effectively?

       (8)  Should PRD's on parcels smaller than ten (10)
            acres in size be allowed?

        (9) Should permitted density be increased?

       (10)  Comments from the general public.

       (11) If the system is not functioning to achieve a
            better pattern of development, what modification
             should be made?

c. Overlay Zones

   This Chapter provides for wetlands and steep/unstable
    slopes overlay zones. The purposes of the overlay zones
    are to preserve critical fish and wildlife habitat and
    encourage enhancement of wetlands, preserve the integrity
    of water resources and minimize the hazards incident to


                             134







                                               17.02.260

development on or adjacent to steep or unstable slopes.
The following procedures are intended to provide the
information necessary and a mechanism for evaluating
whether the overlay zones are functioning to achieve
these purposes.

1. Records. The Planning Director shall keep a record
    of the following information:

    (a)  Properties which contain a wetland or steep or
         unstable slope;

    (b)  Appeals by a property owner from the designation
         of all or part of his property as a wetland or
         steep or unstable slope;

     (c)  Reason for the Hearing Examiner's granting or
         denying the appeal;

     (d)  Applications for development in or adjacent to
         wetlands, their buffers or steep or unstable
          slopes;               'l

     (e) Mitigation measures contained in approved
          applications;

     (f) Violations of ICC 17.02.110;

     (g) Orders for restoration of a wetland, its buffer
          or steep or unstable slope pursuant to Icc
          17.02.250.

 2.  Review

     The first review of the records complied by the
     Planning Director under this section shall begin
     within twenty-four (24) months of the effective date
     of this Chapter. Subsequent reviews shall occur not
     less than two (2) years nor more than four (4) years
     following completion of the previous review.

     Review shall summarize all activity relative to
     development in or adjacent to wetlands, their buffers
     and steep or unstable slopes and shall consider:

      (a) Are the definitions of wetlands or steep or
           unstable slopes too broad or to narrow?

      (b)  Are the setbacks from wetlands appropriate?

      (c) Are the wetlands being effectively protected and
           enhanced?

      (d) Are the wetland alteration standards too lenient


                 --       135





    or too stringent?

(e) Is the steep/unstable slopes overlay zone
    functioning to -minimize the hazards incident to
    development on or adjacent to steep or unstable
    slopes?
(f) Should the County prohibit development on slopes
    exceeding a specified steepness?

(g) Comments from the general public.

(h) if the overlay zones are not found to achieve
     their purposes what modifications should be
     made?




                                                    17.02.170

17.02.170 TRANSFER OF DEVELOPMENT RIGHTS

A transfer of development rights (TDR) program is hereby
established.

a.  Eligible Lands

    Lands eligible to participate in the TDR program shall be
    classified sending and/or receiving properties.

b.  Sendinq Properties

    All lands classified Agriculture or Forest Management
    eligible to participate in the current use tax assessment
    program 84.34, RCW and all other lands designated by the
    wetland overlay as Category A and Category B wetlands,
    tributary streams and any surrounding buffers are
    eligible to be established as sending properties.

    1.  Upon application, each sending property owner shall
        be granted certificates of development rights, in the
        form approved by the Board, equal to one (1) dwelling
        unit per gross acre of the sending property, subject
        to the following limitations:

         (a) The number of development rights available to an
              owner of sending property shall be reduced by
              one (1) development right for:

              (1)  every residential structure or lot situated
                   on the property at the time of the adoption
                   of this ordinance; and

              .(2)  when allowed pursuant to this Chapter,
                   every lot or residential dwelling unit
                   reserved for use on the property.

         (b)  Development rights are not available for any
              parcel or portion thereof subject to an
              easement, restrictive covenant or federal
              program otherwise restricting or preventing
              development.

     2.  When issued, certificates of development rights shall
         be recorded with the Island County Auditor.

     3.  Said certificates may be transferred or sold as set
         forth in this subsection.

 c.  Receiving properties

     Only land classified Residential, Rural Residential,
     Agriculture, Forest Management, or within an adopted Zone
     of Influence or Urban Business Center may be established


                               102







                                                17. 02. 17 0

as receiving properties.

I1. A receiving property may be established by the Board
    based upon a use approval recommendation of the
    Planning Commission. The property owner shall apply
    for use approval for the TDRs and, upon acceptance by
    the Planning Department, an application shall be
    processed pursuant to ICC 17.02.180.

2.  For each property established as a receiving
    property, the Board shall also determine the number
    of development rights which may be utilized in the
    development of the property.

    (a)  For property under one hundred (100) acres in
         size and classified rural residential, in no
         case shall the number of dwellings authorized
         exceed an average of one dwelling unit per gross
         acre of site area less any area containing
         wetlands. Provided that, two (2) developments
         rights shall be required for each dwelling unit
         authorized beyond base density.

     (b)  For property one hundred (100) acres or larger
          In size, classified rural residential and served
         or proposed to be served by public water and
          sewer systems, in no case shall the number of
          dwellings authorized exceed an average of six
          (6) dwelling units per gross acre of site area
          less any area containing wetlands. Provided
          that, two development rights shall be required
          for each dwelling unit authorized beyond base
          density.

     (c) For property classified agriculture or forest
          management, in no case shall the number of
          dwellings exceed an average of one dwelling unit
          per (10) gross acres of site area, less any area
          containing wetlands. Provided that, three (3)
          development rights shall be required for each
          dwelling unit authorized beyond base density.

     (d) For property located within an adopted zone of
          influence, or urban business center in no case
          shall the number of dwellings authorized exceed
          the density established in the applicable zone
          of influence agreement or urban business center
          zone. Provided that one (1) development right
          sh~all be required for each dwelling unit
          authorized beyond bass density.

     (e) For property classified residential, in no case
          shall the number of dwelling units authorized
          exceed an average of six (6) dwelling units per


                           103





                                                   17.02.170

            gross acre of site area, less any area
            containing wetlands. Provided that one (1)
            development right shall be required for each
            dwelling unit authorized beyond base density;
            and provided further that, for property
            reclassified from rural residential,
            agricultural or forest management to
            residential, two (2) development rights shall be
            required for each dwelling unit authorized in
            excess of the density allowed thorough a cluster
            PRD in the rural residential zone (1 unit per
             2.5 acres) or the agricultural or forest
            management zone (1 unit per 20 acres).

d.  Eligible Purchasers/Sellers

    Other than as provided in this Chapter, purchase,
    transfer and sale of development rights shall to be
    restricted by the County. Any person may purchase
    development rights regardless of whether the purchaser is
    an owner of lands designated as a receiving property.
    Development rights may be sold or transferred by any
    owner provided the sale complies with subsection "e" of
    this section.

e. Development Rights -- Conveyance and Recording

    No transfer or sale of development rights shall be deemed
    finally approved until:

    1.  A conservation easement, in the form approved by the
        Boa d, is approved by the Planning Director, executed
        by the parties thereto and recorded with the Island
        County Auditor. The County shall be the beneficiary
        of the conservation easement. Other named
        beneficiaries may include but are not limited to tax
        exempt organizations, land trusts or federal or state
        agencies.

    2.  A deed of development rights, in the form approved by
        the Board, Is approved by the Planning Director,
        executed by the parties thereto and recorded with tihe
        Island County Auditor.

    3.  Any required easement and deed is noted in a TDR
        transfer journal maintained by the Planning
        Department.

    4. Sending property encompassed in a conservation
        easement shall equal one (1) acre for each
  .... development right proposed for trans~fer.- Provided
        that any such easement shall include at least ten
         (10) acres unless a smaller area constitutes the
         remaining sending property of the property owner.


                              104










f.  DeveloDment Rights  --  Taxation

   Development rights shall be considered real property and
   not be taxed until sale or transfer.

(Ord. PD 84-22, Dec. 18, 1984, eff. Dec. 31, 1984, Vol. 23,
p. 322; amended by Ord. C-41-89, April 10, 1989, eff. April
10, 1989, Vol. 29, p. 357)









Appendix 10








Because nonpoint pollution problems can be and are very different from
one area to the next, solutions to these problems are naturally site
specific. It is crucial that local planners contact the local district
representative of the U.S. Soil Conservation Service (SCS) for input
regarding these and other BMPs.

NOTE:       The number in parenthesis is the U.S. Soil Conservation Service
             (SOS) practice number.

Erosion and Sediment Control

Erosion of soils and the subsequent deposit of silt in receiving waters is a
leading cause of loss of habitat for shellfish. This is an important category in
BMPs for development and forest practices, as well as agriculture.

      Establishing and maintaining perennial vegetative cover to protect soil
      and water resources on land retired from agricultural production. (SCS
      327)

      An adapted sequence of crops designed to provide adequate organic
      residue for maintenance or improvement of soil tilth. (SCS 328)

      Any tillage or planting system that maintains at least 30 percent of the
      soil surface covered by residue after planting to reduce soil erosion by
      water; or where soil erosion by wind is the primary concern, maintains at
      least 1,000 pounds of flat, small grain residue or equivalent on the
      surface during critical erosion periods. (SCS 329)

      Farming sloping land in such a way that preparing land, planting, and
      cultivating are done on the contour. This includes following established
      grades of terraces or diversions. (SCS 330)

      A crop of close-growing grasses, legumes or small grain grown primarily
      for seasonal protection and soil improvement. It usually is grown for 1
      year or less, except where there is permanent cover as in orchards.(SCS
      340)

      Planting vegetation, such as trees, shrubs, vines, grasses, or legumes,
      on highly erodible or critically erodible areas (does not include tree
      planting mainly for wood products).(SCS 342)

      Any cropping system in which all of the crop residue and volunteer
      vegetation are maintained on the soil surface until approximately three
      weeks before the succeeding crop is planted, thus shortening the bare
      seedbed period on the fields during critical erosion periods.(SCS 354)








      A channel constructed across a slope to divert excess water from one
      area for use or safe disposal in other areas.(SCS 362)

      A strip of perennial vegetation established at the edge of a field to control
      erosion, primarily from wind.(SCS 386)

      A strip of vegetation for removing sediment, organic matter, and other
      pollutants from runoff and wastewater.(SCS 393)

      A structure used to control the grade and head cutting in natural or
      artificial channels.(SCS 410)

      A natural or constructed channel that is shaped or graded to required
      dimensions and established in suitable vegetation for the stable
      conveyance of runoff.(SCS 412)

      Establishing grasses and legumes or a mixture of them and maintaining
      the stand for a definite number of years as part of a conservation
      cropping system.(SCS 411)

      A basin constructed to collect and store debris or sediment. (SCS 350)

      Growing crops in a systematic arrangement of strips or bands across the
      general slope (not on the contour) to reduce water erosion. The crops
      are arranged so that a strip of grass or a close-growing crop is
      alternated with a clean-tilled crop or fallow. (SOS 585)

      An earthen embankment or a combination ridge and channel generally
      constructed across the slope and minor watercourses to form a sediment
      trap and water detention basin. (SOS 638)


Confined Animal Facilities

Areas where animals are compounded contain huge amounts of fecal coliform
bacteria. Lack of proper control of the runoff from these areas can lead to
mass decertifications of commercial shellfish beds in adjacent waters.

      An embankment constructed of earth or other materials to protect land
      against overflow or to regulate water.(SCS 356)

      Protecting heavily trafficked areas by establishing vegetative cover,
      surfacing with suitable materials, or by installing needed structures.
      (SOS 561)








      A facility for controlling, and disposing of runoff water from roofs.
      (SCS 558)

      An impoundment made by excavation or earthfill for temporary storage of
      animal or other agricultural wastes. (SCS 425)

      A fabricated structure for temporary storage of animal wastes or other
      organic agricultural wastes.(SCS 313)

      An impoundment made by excavation or earthfill for biological treatment
      of animal or other agricultural wastes. (SCS 359)

       Using agricultural wastes or other wastes on the land in an
      environmentally acceptable manner while maintaining or improving soil
      and plant resources. (SCS 633)

      A facility for the biological stabilization of waste organic material.
       (SCS 317)


Nutrients

The basic concept of nutrient management is to prevent pollution by using only
the nutrients necessary to produce a crop. To accomplish this, a nutrient
management plan can be developed with components similar to the list below:

             Soils information, a history of past crops and a history of past and
             present crop rotation.
             An assessment by field to determine expected yields for the target
             crop.
             A summary of the nutrient resources available to the producer for
             the target crop.
             Use of proper timing and application methods for nutrients that
             maximize plant utilization and minimize the loss to the
             environment.
             Use of cover crops to promote plant use of nitrogen-laden water.
             Evaluate field limitations based on environmental hazards and
             concerns.
             A narrative describing the plan and its use.

Use of a nutrient plan often results in some reduction in the amount of nutrients
being applied to the land, thereby reducing the cost of production as well as
protecting water quality.








Pesticides

Pesticides contribute to chemical contamination of water and sediments.
Currently, the harm to shellfish has been found to below levels of concern to
public health. But, as the use of chemicals increases in all aspects of our lives,
recombination of elements could lead to major problems.


             More efficient application methods (e.g. spot spraying).

             Use of resistant crop strains.

             Use less environmentally persistent pesticides.

             Use pesticides with reduced mobility in water.

             Use timing of field operations (planning, cultivating, and
             harvesting) to minimize applications of pesticides.

             Use of biological controls such as fostering natural enemies,
             preservation of predator habitats, and release of sterilized male
             insects.

             Use cover crops to promote water use and reduce deep
             percolation of water that contributes to leaching of pesticides into
             ground water.

             Destruction of pest breeding, refuge, and overwintering sites.


Grazing

Pasturing large animals leads to a combination of problems if care is not taken.
Manures have the potential of causing fecal coliform contamination in shellfish;
increased erosion through lack of streamside fencing and overgrazing can all
cause habitat destruction.

      A practice in which two or more grazing units are alternately rested and
      grazed in a planned sequence for a period of years to reduce erosion.
      (SCS 556)

      Postponing grazing or resting grazing land for a prescribed period to
      promote re-vegetation. (SOS 352)

      Grazing at an intensity that will maintain enough cover to protect the soil
      and maintain or improve the quality of desirable vegetation. (SOS 528)








      A trough, tank, or other containment, with needed devices for water
      control and waste water disposal, installed to provide drinking water for
      livestock. (SCS 614)

      A well constructed to improve or provide water for irrigation, livestock,
      wildlife, or recreation.(SCS 642)

      Exclude livestock access to streambanks and riparian zones or other
      areas that are not intended for grazing by fencing or use of other
      permanent structures.(SCS 472)

      Establishing or reestablishing long-term stands of adapted species of
      perennial, biannual, or reseeding forage plants.(SCS 512)

      Planting vegetation, such as trees, shrubs, vines, grasses, or legumes,
      on highly erodible or critically eroding areas.(SCS 342)


Irrigation

The effects of faulty or excessive irrigation can be damaging to shellfish
populations through increased runoff, erosion and transport of bacteria and
toxins to shellfish growing waters.

      Proper irrigation scheduling; determining and controlling the rate,
      amount, and timing of irrigation water in a planned and efficient
      manner. (SCS 449)

      A planned irrigation system in which all necessary facilities are installed
      for efficiently applying water directly to the root of plants by means of
      applicators (i.e. porous tubing, perforated pipe) operated under low
      pressure. The applicators can be placed on or below the surface of the
      ground.(SCS 441)

      A planned irrigation system in which all necessary facilities are installed
      for efficiently applying water by means of perforated pipes or nozzles
      operated under pressure.(SCS 442)

      A planned irrigation system in which all necessary water control
      structures have been installed for efficient distribution of irrigation water
      by surface means, such as furrows, borders, contour levees, or contour
      ditches, or by subsurface means.(SCS 443)

      A permanent irrigation ditch constructed to convey water from the source
      of supply to a field or fields in a farm distribution system.(SCS 388)








Reshaping the surface of land to be irrigated to planned grades.
(SCS 464)

A fixed lining of impervious material installed in an existing or newly
constructed irrigation field ditch or irrigation canal or lateral. (SCS 428)

A structure in an irrigation, drainage, or other water management system
that conveys water, controls the direction or rate of flow, or maintains a
desired water surface elevation. (SCS 587)

Utilization of runoff irrigation water for additional irrigation or to reduce
the amount of water diverted.(SCS 447)

A strip or area of vegetation for removing sediment, organic matter, and
other pollutants from runoff and waste water.(SCS 393)