Ordinance No._____- 2012 AN ORDINANCE ... - San Juan County

Ordinance No._____- 2012 

AN ORDINANCE REGARDING CRITICAL AREA REGULATIONS FOR FISH AND WILDLIFE 

HABITAT CONSERVATION AREAS, AMENDING SAN JUAN COUNTY CODE SECTIONS 

18.10.040, 18.20.010, 18.20.070, 18.20.080, 18.20.110, 18.20.140, 18.20.170, 18.20.190, 18.20.230. AND 

18.30.160. 

BACKGROUND 

A. To ensure consistency with RCW 36.70A (the Growth Management Act, or GMA), prior to December 1, 

2006 the County was required to consider the “Best Available Science” (BAS), and review and where 

necessary update its development regulations regarding critical areas to ensure that they protect the 

functions and values of those areas, giving special consideration to conservation or protection measures 

necessary to preserve or enhance anadromous fisheries. A review of the County’s critical areas 

regulations, including regulations regarding Fish and Wildlife Habitat Conservation Areas, was adopted 

in Resolution 98-2005. Although some updates to critical areas regulations were adopted in Ordinance 

15-2005, further action was reserved for a later time. 

B. Fish and Wildlife Habitat Conservation Areas (FWHCAs) are described in WAC 365-190-130. Some 

FWHCAs are located within areas subject to the requirements of the Shoreline Management Act or SMA 

(RCW 90.58). Although this update in undertaken pursuant to the GMA and is not a Shoreline Master 

Program (SMP) amendment, as part of this required update the County intends to satisfy related 

protection requirements of the Shoreline Management Act (SMA) including the requirement to protect 

critical salt water habitats defined in WAC 173-26-221. 

C. Specific laws and regulations associated with shoreline development and the protection of shoreline 

ecological functions are found in RCW 36.70A.481(A) (Land use regulations consistent with SMA); 

RCW 90.58.020 (Policy Statement); RCW 90.58.100(2)(b) and (c), (Public Access), WAC 173-26- 

186(8) (maintenance, protection, restoration, preservation of fragile shorelines); WAC 173-26- 

186(8)(b)(ii) (No-net loss); WAC 173-26-201(2)(c) (Protection of shoreline ecological functions of 

shoreline); WAC 173-26-201(2)(e)(Mitigation Sequencing); WAC 173-26-221(2)(a)-(c)(iii)(C) (Critical 

Areas); WAC 173-26-221(4) (Public Access); and WAC 173-26-231 (Shoreline Modifications). 

D. San Juan County adopted a public participation plan for the revision of its development regulations 

regarding critical areas in Resolution 56-2006; the plan was most recently updated in Resolution 32- 

2011. 

E. The applicable science related to FWHCAs and stormwater management was reviewed and is 

summarized in the Best Available Science Synthesis for San Juan County, May 2011 (BAS Synthesis), 

which was adopted, along with the underlying scientific literature, in Resolution 22-2011. 

F. The recommendations of the San Juan Initiative Policy Group, which included 11 citizens appointed by 

the County Council, were considered in the development of these amendments. 

G. Additional review of the County’s critical areas regulations was undertaken and is described in the 

documents “Analysis of Existing San Juan County Regulations Pertaining to Steams and Other Upland 

Fish and Wildlife Habitat Conservation Areas, May 31, 2011” prepared by Dr. Paul Adamus, and 

“Analysis of Existing San Juan County Regulations, Marine FWHCAs, May 31, 2011” prepared by the 

Watershed Company and County staff. Meetings and workshops on this analysis were held on June 14, 

August 16, and September 12, 2011. Based on this analysis and public testimony, the County Council 

provided guidance on the draft amendments.

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Ord. ____-2012 

H. These amendments incorporate decisions that have been made on other sections of the critical area 

regulations, and that will be adopted concurrently with this ordinance. 

I. The County now desires to complete the review and update of its development regulations regarding 

FWHCAs previously due in 2006, as required by RCW 36.70A.130. 

J.I. The 60-day notice on the proposed amendments to the protection regulations for FWHCAs, as required 

by RCW 36.70A.106, was received by the Washington State Department of Commerce on May 8, 2012, 

and was assigned Material ID No. 18073. 

K.J. An environmental checklist was prepared evaluating potential effects of the proposed FWHCA 

protection amendments and a notice of Determination of Non-significance was issued on May 1, 

2012_and published on May 2, 2012. The notice was provided to federal, state and local agencies in 

accordance with San Juan County Code 18.80.050 and WAC 197-11-340. 

L.K. Efforts to involve and inform the public included: 

I. A public workshop held in March of 2006. 

II. County Council appointment of a citizens committee in 2007, which reviewed the GMA 

requirements, the applicable science and the existing regulations, and developed a draft set of 

amendments. 

III. Public meetings held in June of 2009. 

IV. A public workshop held in August 2009. 

V. Request for Best Available Science (BAS) submittals from the public in June-July 2010. 

VI. Public workshops on San Juan Island, Orcas Island, and Lopez Island in September 2010, to 

address “hot button” issues. 

VII. Joint Planning Commission/County Council public workshops in February 2011, to review and 

discuss the first draft Best Available Science Synthesis, and County Council workshops in May 2011 

to discuss the second draft. Public comment was accepted at all meetings. 

VIII. Public workshops in June, August and SeptemberJune 2011 to discuss the review of existing 

regulations and determine policy direction for the revision of regulations. 

VIII.IX. Field trips on San Juan Island in July 2012. 

IX.X. Advertisements of Planning Commission and County Council meetings in local papers, 

including online media. 

X.XI. Notice of the availability of the proposed ordinance and staff report was e-mailed to residents, 

property owners, and interested parties who requested to be kept informed prior to the Planning 

Commission and County Council hearings. 

M.L. The Planning Commission and County Council conducted a duly advertised joint public hearing 

on May 18, 2012. 

M. The County Council makes the following findings: 

N. 

I. The Best Available Science was included in developing the proposed amendments, which will protect 

FWHCAs in conformance with the requirements of the Growth Management Act. 

II. Implementing a site-specific approach to sizing buffers and tree protection zoneTree Protection Zones 

for aquatic (those containing water) FWHCAs will effectively protect them, while minimizing costs 

and maximizing the allowable use of property. 

III. Agriculture in San Juan County is a vital part of our heritage and an integral part of the county’s 

landscape, culture and economy. Our quality of life depends on the successful integration of 

sustainable agriculture and ecological health. 

N:\LAND USE\LONG RANGE PROJECTS\PCODES-11-0004 CAO FWHCAs\Docs from PC and CC\FWHCAOrdCC_2012-10-26.doc

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IV. For protection of water quality functions, these regulations use the water quality buffer sizing 

procedure included in the wetland section of these amendments, with a predicted pollutant removal 

efficiency of 760%. When considered with existing erosion control and stormwater management 

requirements, this should adequately protect functions associated with water quality. The primary 

scientific documents that were relied upon for the water quality component of FWHCA buffers are 

identified in the ordinance updating the wetland protection regulations, which will be adopted 

concurrently with these amendments. 

V. The ordinance includes the following: revises the list of maps used to identify FWHCAs; modifies 

definitions of terms; adds a section on applicability; identifies types of FWHCAs; adopts provisions 

associated with the use of maps; revises the classification system to meet current state requirements; 

establishes protection standards including standards for aquatic FWHCAs including streams, lakes, 

ponds that are designated as FWHCAs, and marine shorelines, as well as upland habitats and specific 

species; and revises the process for nominating species of concern. 

VI. Of the scientific documents that were reviewed, the following references were the most important in 

development of these regulations. These and other documents were made available on the County web 

site. 

Booth, D.B., D. Hartley, and R. Jackson. 2002. Forest cover, impervious-surface area, and the 

mitigation of storm water impacts. Journal of American Water Resources Association 38:835-845. 

Brennan, J., H. Culverwell, R. Gregg, P. Granger. 2009. Protection of Marine Riparian Functions 

in Puget Sound, Washington. Washington Sea Grant. Seattle, Washington. Prepared for 

Washington Department of Fish and Wildlife. June 15, 2009. 

Cassidy & Grue. 2006. Local Conservation Priorities for Western Washington: Suggestions for 

Effective Conservation Actions for County, City, and Private Landowners and Managers: San Juan 

County 

FEMAT (Forest Ecosystem Management Assessment Team). 1993. Forest ecosystem 

management: An ecological, economic, and social assessment. U.S. Departments of Agriculture, 

Commerce, and Interior. Portland, Oregon. 

Jensen, 2010. Checklist: Birds of the San Juan Islands. 

Kleinschmidt. 1999. Method to Determine Optimal Riparian Buffer Widths for Atlantic Salmon 

Habitat Protection. Kleinschmidt Associates. Pittsfield, Maine. Prepared for Maine State Planning 

Office, Augusta, Maine. January, 1999. 

Murphy, M.L. 1995. Forestry Impacts on Freshwater Habitat of Anadromous Salmonids in the 

Pacific Northwest and Alaska – Requirements for Protection and Restoration. NOAA Coastal 

Ocean Program Decision Analysis Series No. 7. NOAA Coastal Ocean Office, Silver Spring, MD. 

156 pp. 

Washington Department of Fish and Wildlife. 2009. Landscape Planning for Washington’s 

Wildlife: Managing for Biodiversity in Developing Areas (A Priority Habitats and Species 

Guidance Document). 


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U.S. Dept. of Agriculture, Soil Conservation Service, Soil Survey, San Juan County Washington, 

1962. 

Wenger, S.J. and L. Fowler, 2000. Protecting Stream and River Corridors, Creating Effective 

Local Riparian Buffer Ordinances. Carl Vinson Institute of Government, The University of 

Georgia. 

VII. The functions and values of FWHCAs include benefits to people such as providing fish, shellfish and 

other commercial and recreational food sources; supporting wildlife that draw visitors from around the 

world, which then help support island businesses; decreasing contamination of fish and shellfish that 

may be consumed by people; providing aesthetically pleasing views; reducing flooding; and 

maintaining the desirability of properties adjacent to streams, lakes, ponds and the marine shoreline. 

VIII. Despite broad outreach for BAS, very little local science is available for San Juan County. 

IX. The County has developed and obtained funding for a County wide water quality monitoring program 

which is currently being implemented. This monitoring will begin to fill data gaps in the local BAS. 

X. The County has also developed and obtained funding for actions to address any water quality issues 

that are identified through the monitoring program. 

XI. The nature of land development in San Juan County is generally light intensity with very limited 

manufacturing, industrial and commercial development. 

XII. The BAS provides little peer reviewed, direct evidence that San Juan County’s existing regulations are 

not protecting the functions and values of wetlands. 

VII.XIII. The following waters of the State are designated as FWHCAs: lakes, marine waters, and s treams. 

Other waters were not designated because they are adequately protected under other categories of 

FWHCAs. 

VIII. The San Juan Islands are comprised of a wide variety of habitats that support individual species, as 

well as the food chain that supports all species, including birds and mammals listed as endangered, 

threatened or sensitive. These habitats include extensive and overlapping areas with shellfish, eelgrass, 

kelp beds and other critical salt water habitats, as well as important salmon habitat. In addition, 

currents flowing along the shoreline transport materials to and from these areas, inextricably linking 

their processes and functions. Because of this, even areas that are more intensely developed have the 

potential to positively or negatively affect adjacent areas with important habitat. For these reasons, all 

marine shorelines except for those areas within the jurisdiction of the Town of Friday Harbor, are 

designated as fish and wildlife habitat conservation areas. 

An alternative approach that could be considered is to designate marine habitats separately (i.e. not 

designate marine shorelines as a FWHCA), but apply the protection regulations unless an applicant 

provides documentation and supporting BAS from qualified professionals showing that there are no 

FWHCAs on or adjacent to the site, and that proposed activities will not influence nearby FWHCAs, 

considering the zone of influence resulting from currents, tides, and other site characteristics. 

XIV. To address the risks associated with sea level rise, the County will develop informational materials that 

will be provided to those preparing applications for building permits. 

IX.XV. The following general scientific principles and assumptions were used in developing the components 

of the site-specific buffer and tree protection zoneTree Protection Zone requirements. These principles 


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are discussed in the Best Available Science Synthesis, San Juan County Washington, May 2011 and the 

underlying scientific documents adopted by the County Council to guide this review and update. 

a. In addition to directly supporting species which live in or near streams, well-functioning streams and 

riparian areas are an important source of organic material, food and nutrients for the marine food web, 

eventually supporting salmon, rockfish, marbled murrelet, orca and other listed species. To protect 

water quality, quantity, and habitat functions, vegetation should be retained along all streams, with tree 

protection zoneTree Protection Zones retained along all type F and type Np streams, as well as type Ns 

streams flowing more than 6 months per year. 

b. There are many similarities in the function of stream, lake and marine shoreline buffers and tree 

protection zoneTree Protection Zones. To be effective at protecting habitat functions, buffers and tree 

protection zoneTree Protection Zones adjacent to water bodies must be adequate to provide organic 

material (e.g. leaves, needles, wood), and to slow and store water during storm events. Because the 

functions are so similar, the science related to stream buffers and tree protection zoneTree Protection 

Zones is applicable to those along marine shorelines. 

c. Marine riparian vegetation is an important component of nearshore terrestrial and aquatic habitat 

providing structure, shade, and temperature moderation (e.g., for forage fish spawning beaches); 

providing nutrients and organic inputs (leaf litter, woody debris, terrestrial insects) that support the 

food web; and maintaining bank stability. 

d. In San Juan County Douglas fir is the predominant tree. Douglas fir reach maturity at approximately 

80 - 200 years (from the Washington State 1999 Forests and Fish Report), continue to grow for up to 

1,000 years, and can eventually attain heights of over 400 feet (though due to shallow and/ or 

impermeable soils and low rainfall in the summer, they would likely not attain these heights in most 

areas of San Juan County). 

e. According to the 1962 San Juan County Soil survey (U.S. Dept. of Ag., 1962), the following are 

approximate percentages of land area in each soil site class. 

Soil Site Class 

Percentage of Land Area Within SJ County 

3 19.1 % 

4 36.8 % 

4 & 5 23.1 % 

Unclassified 21 % 

Soil Type (U.S. Dept. of Ag., 

1962) 

Alderwood gravelly loam 

Alderwood gravelly sandy loam 

Alderwood stony loam 

Bow silt loam 

Bow gravelly silt loam 

Bow stony silt loam 

Everett gravelly sandy loam 

Everett stony sandy loam 

Indianola sandy loam 

Indianola-Roche complex 

Norma loam 

Site Index Rating (feet) Soil Site Class Percentage (%) of 

land area in San 

Juan County 

111 

114 

120 

114 

112 

100 

117 

112 

140 

119 

135 

4 

4 

4 

4 

4 

4 

4 

4 

3 

4 

3 

.1 

.4 

1.6 

3.5 

8.5 

1.3 

3.8 

.2 

1.5 

2.1 

.4 


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Norma loam, moderately deep 

Pickett-rock outcrop complex 

Roche loam 

Roche gravelly loam 

Roche stony loam 

Roche gravelly sandy loam 

Roche stony sandy loam 

Roche rock outcrop complex 

106 

140 

93 

111 

100 

114 

79 

Not listed 

4 

3 

between 4 and5 

4 

4 

4 

5 

both 4 and 5 

.1 

17.2 

.8 

7.3 

7.4 

.5 

.5 

22.3 

f. Within the regulations, tree protection zoneTree Protection Zones for aquatic FWHCAs are based on 

the Site Potential Tree Height (SPTH) for soil site class 4, which is the predominant soil site class in 

San Juan County. On page 16 of the 1999 Forests and Fish Report, which is the basis for 

Washington’s forest practices regulations, 110 feet is identified as one SPTH for soil site class 4. 

g. The buffers and tree protection zoneTree Protection Zones for aquatic FWHCAs are not intended to 

provide protection of specific upland species. Protection measures for specific species are included in 

the amendments to SJCC 18.30.160(F). 

h. Widths for buffers and tree protection zoneTree Protection Zones are based in part on the 

requirements under Washington’s Forest Practices Act, with the tree protection zoneTree Protection 

Zone for Type F streams, lakes, ponds and marine waters equivalent to one SPTH for soil site class 4. 

The FEMAT curves method (FEMAT 1993), Murphy (1995), Wenger and Fowler (2000), and 

Brennan (2009), described in Chapter 3 of the BAS Synthesis (pgs. 66-69) , were also considered as 

guidance on the appropriate sizing of protection zones. Stream, lake and marine functions that will be 

protected include those associated with shade/microclimate (.6 SPTH needed for 80% effectiveness), 

large woody debris (.65 SPTH needed for 80% effectiveness), litterfall and insects (.4 SPTH for 80% 

effectiveness), and reduction of wind speeds (1 SPTH for 70-75% effectiveness). 

In addition to the tree protection zoneTree Protection Zone, there is also a water quality-sensitivity 

buffer, which ranges from 30 feet to 1295 feet depennding on the composite runoff coefficient for the 

path that runoff will take as it flows through a developed area to a stream, lake, pond, or marine 

shoreline. This component of the buffer is important to prevent contamination from increased flows 

and pollutants that normally result from the conversion of landscapes to impervious or less pervious 

surfaces, as discussed in Chapter 7 of the Best Available Science Synthesis. While the buffers 

prescribed under the Forest Practices Act were designed to remove sediment from adjacent forested 

areas, they were not designed to handle the increased flows and dissolved and fine textured 

constituents that are commonly associated with runoff from residential and commercial land uses. The 

procedure for determining the water quality component of the buffer, and associated findings and 

discussion are included in the Wetlands section of the critical area amendments which will be adopted 

concurrently with these amendments. 

With regard to protection of the water quality of streams, lakes, ponds, and marine waters, a treatment 

level of 760% was selected because in most cases, contaminated runoff flowing in and through these 

water bodies will receive some dilution with water that is less contaminated, helping to prevent adverse 

impacts associated with water quality. For more intense development, this level of treatment will be 

supplemented with additional measures required under the County’s stormwater management 

regulations. 

Along the marine shoreline, sensitivity of the receiving water (e.g. based on currents and mixing) was 

considered and rejected as an additional buffer factor. To incorporate this as a separate factor, there 

would need to be some BAS showing that runoff contaminants are not contributing toxins to the 

aquatic food chain (which would move independently of the water), and that contaminants are not 


eing transported and deposited in more sensitive locations. 

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While in most cases the proposed buffers should be adequate, a potential area of risk for lakes and 

ponds where the water has a longer residence time, is that 760% pollutant removal will not be 

adequate, and that harmful quantities of pollutants will be deposited or incorporated into the food 

chain, adversely impacting functions and values. This risk could be reduced by applying a larger buffer 

with a greater pollutant removal capability to lakes and ponds with little or no outflow. 

i. The tree protection zoneTree Protection Zone for Type Np and Type Ns streams flowing 6 

months or more per year are 50 feet and 30 feet respectively, which is consistent with the requirements 

under the Forest Practices Act. For streams flowing less than 6 months per year, a tree protection 

zoneTree Protection Zone is not required but stream bank vegetation must be retained, which is 

consistent with Wenger and Fowler (2000). In nearly all cases, these distances will be supplemented by 

the water quality component of the buffer which is described above. 

j. Under certain conditions, limited tree removal within tree protection zoneTree Protection Zones can 

occur without significantly affecting FWHCAs. Adequate numbers and configurations of trees must, 

however, be retained to preserve wind firm conditions (to prevent blow down), to provide shade, and 

to maintain normal hydrologic and habitat functions. 

Figure 3-3 of the BAS Synthesis provides information on distances necessary to reduce wind speed, 

with a tree protection zoneTree Protection Zone equivalent to one SPTH approximately 70-75% 

effective at reducing wind speed. Kleinschmidt (1999) also provides guidance on the management of 

buffers and tree protection zoneTree Protection Zones to prevent blow down, with a 35 foot no cut 

zone required next to the water (Zone 1), and at least another 35 feet (for a total of 70 feet) where 

some tree removal is allowed if minimum stocking levels are retained (referred to as Zone 2). Blow 

down rates can, however, vary depending on the spacing of trees within a tree stand (i.e., clusters), 

topography (tree stand orientation relative to the strongest winds), usual duration and depth of soil 

saturation, and other factors that are impractical to assess site-specifically in a County program. 

Chapter 4 of the BAS Synthesis cites a research study (Reid & Hilton 1998) that found tree protection 

zoneTree Protection Zones of 100 feet width were inadequate to protect adjoining trees from blow 

down, and that tree fall rates were abnormally high for a distance of at least 656 feet from edges. A 

wide range of buffer widths (55 to 800 feet) have been reported as being necessary to maintain the 

microclimate (soil temperature, moisture) within forested areas. 

In the outer zone (Zone 2) where the ordinance allows some tree removal, Kleinschmidt (1999) was 

used to establish minimum stocking levels necessary to protect wind firm conditions. For softwood 

stands such as Douglas fir, stocking levels are shown both in terms of basal area (which may be 

difficult for those without a forestry background to determine) and canopy cover. For softwood stands, 

80 s.f./acre of basal area (the amount that needs to be retained) was estimated to be approximately 

equivalent to 21% canopy cover based on the ratio of canopy cover to basal area for a fully stocked 

condition. From the State forest practice regulations, the basal area target at 140 years for all soil site 

classes is 325 s.f./acre, and the maximum attainable canopy cover for Douglas fir is approximately 

85%. 

A potential area of risk, where the regulations may depart from the science, is in allowing the 

construction of a primary structure within Zone 2 of the tree protection zone, which is proposed to 

allow property owners more flexibility in the siting of their homes. Kleinschmidt (1999) does not 

permit the construction of impervious surfaces within Zone 2 (which ranges from a width of 35 feet to 

195 feet). Their buffer sizing procedure, however, combines the water quality and tree protection 

components, while the procedure outlined in this ordinance separates them, with the construction of a 

primary structure only allowed outside the water quality-sensitivity component of the buffer. This may, 


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however, result in higher than natural rates of wind throw as wind is channeled over and around the 

structure. This risk could be reduced by excluding structures from the Zone 2 portion of the tree 

protection zone. 

k. The stability of banks along the marine shoreline is highly site specific and dependent on a number 

of factors including surface and sub-surface hydrology, the presence of a geologically hazardous area, 

whether the shoreline is susceptible to erosion from wind and waves, presence of soil stabilizing 

vegetation, whether drainage from upslope is resulting in erosion, and the lithology of underlying or 

exposed bedrock. These factors and necessary mitigation actions are best determined on site by a 

qualified professional. 

l. The potential effects of sea level rise are discussed in the BAS Synthesis. If sea level rise and 

increased severity of storms are significant, there is a risk that proposed marine buffers and tree 

protection zones in low lying areas will not be adequate to protect the ecological functions of marine 

FWHCAs and critical saltwater habitats. This risk could be reduced by increasing the buffer 

requirements in low lying areas or providing property owners with information on sea level rise. 

m. To provide property owners with maximum flexibility in the use of their land, these regulations 

allow an array of activities within buffers, as well as options for variances and reduced buffers and tree 

protection zones. Some of these options require mitigation of adverse impacts, and some identify 

requirements that will help minimize impacts. When considered together however, these options may 

result in the removal of too much vegetation, and too much development too close to the water, 

cumulatively resulting in adverse impacts to the functions and values of FWHCAs and critical salt 

water habitats (e.g. an individual installs a garden, a stormwater infiltration system, components of a 

septic system, and receives a variance to allow a reduced buffer). This risk could be minimized by 

adding a definitive level of vegetation retention that is required within a buffer, or removing some of 

the less important exemptions. l. With regard to peregrine falcon habitat, in addition to reviewing 

guidance from the Washington Department of Fish and Wildlife, staff consulted a Canadian expert on 

peregrine falcons (Dr. Gordon Court with the Alberta Fish and Wildlife Division, 780-422-9536), and 

a local citizen who has worked with the State on the reintroduction of falcons (Ken Franklin). Both 

agreed that for peregrine falcons, general protection of trees is not necessary. In this area peregrines 

build their nests on cliffs, and while they aren’t necessary, if there are trees available they will use 

them for perching and hunting. Dr. Court recommended that if possible, structures should be 

constructed at least 500 yards back from cliffs with nesting peregrine falcons. Though peregrines may 

grow accustomed to human development and associated activity, it may also cause them to relocate, 

potentially to a less suitable location. Dr. Court also stated that chemicals should not be used for 

control of pigeons, which are a food source and which could cause adverse effect if sick birds were 

captured and consumed. He also stated that use of rodenticides is not a problem for peregrines because 

they don’t eat carrion. 

XVI. Actions that depart from the BAS and associated risks. WAC 365-195-915 provides guidance on 

including the Best Available Science in the development of critical area regulations. When departing 

from science based recommendations, this guidance specifies that the County should identify any 

information in the record that supports the decision, explain the rationale for departing from science 

based recommendations, indentify potential risks to the functions and values of critical areas, and 

identify any measures chosen to limit such risk. The following is a description of areas of departure 

from the Best Available Science. 

a. Allowance for building a primary structure within Tree Protection Zone 2. Throughout the 

process significant concern was expressed that increasing building setbacks will have a negative effect 

on property owners. To allow more flexibility in the siting of homes, the proposed regulations allow 


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the construction of one primary structure within Tree Protection Zone 2. Kleinschmidt (1999), which is 

one of the primary documents used to develop the proposed buffer provisions, does not permit the 

construction of impervious surfaces within Zone 2. The Kleinschmidt buffer sizing procedure, 

however, combines the water quality and tree protection components, while the procedure outlined in 

this ordinance separates them, with the construction of a primary structure only allowed outside the 

water quality component of the buffer. An area of risk with the proposed approach is that allowing a 

structure in Zone 2 will result in higher than natural rates of wind throw as wind is funneled over and 

around the structure. This risk could be reduced by excluding structures from the Zone 2 portion of the 

Tree Protection Zone. 

X.XVII. With regard to shoreline modifications, the proposed regulations follow the principles and 

requirements of RCW 90.58.020 (Legislative Findings), RCW 90.58.030(3)(e), WAC 173-26- 

221(2)(iii)(C) (Critical Saltwater Habitats-Standards), WAC 173-26-231 (Shoreline Modifications), 

and WAC 220-110-285 (Single family residence bulkheads in saltwater areas). 

XI.XVIII. The amendments are consistent with the applicable goals and policies of the San Juan County 

Comprehensive Plan. 

XII.XIX. The purpose of buffers and tree protection zoneTree Protection Zones is to protect existing functions and 

values of the FWHCA to be protected. 

XIII.XX. In accordance with Growth Management Hearings Board and Court rulings, restoration of degraded areas 

is not required by the GMA, though a property owner may voluntarily choose to provide restoration as a 

means of offsetting the adverse impacts of new development. 

XIV.XXI. There is great concern about the effect these regulations will have on existing structures, activities and uses 

that will become non-conforming. Regulations allowing for the continued existence of these structures, 

uses and activities in perpetuity are included in the General section of the critical area amendments, which 

will be adopted concurrently with these amendments. 

XV.XXII. Related issues that will be addressed in the upcoming comprehensive update to the County’s Shoreline 

Master Program include: detailed regulations for docks; and regulations for net pen aquaculture. 

XVI.XXIII. This ordinance completes the update to the County’s development regulations regarding FWHCAs as 

required by RCW 36.70A.130 and WAC 365-196-610(1)(e). This ordinance is adopted pursuant to the 

GMA, and does not amend the County’s Shoreline Master Program. 

XVII.XXIV. After considering the evidence in the record, the County Council approved this ordinance. Changes 

from the version recommended by the Planning Commission are included in this ordinance for the 

reasons described above and to improve clarity and consistency with other laws and regulations. 

Section 1. SJCC 18.10.040 and Ord. 52-2008 § 16 are each amended to read as follows: 

18.10.040 Establishment of land use designations districts and official maps. 

A. Land Use Designations Districts. This Unified Development Code applies to the land use designations and 

map symbols in Table 1.1, below, that are established by the San Juan County Comprehensive Plan, subarea and 

activity center plans, and official maps. Some regulations for subareas and activity centers are included in this 

code, while others are in separate documents. Within subarea and activity centers, both this UDC and the 

regulations for the area apply. The boundaries of the various land use designations, activity centers and subareas 

are shown on the San Juan County Comprehensive Plan official maps. 


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Land use designations for areas that are not within an adopted subarea or activity center are shown below in 

Table 1.1. 

Table 1.1. Comprehensive Plan Land Use District Designations 

Abbreviation 

Growth Areas 

Land Use Designation District 

FH UGA Friday Harbor Urban 

Growth Area 

ES UGA Eastsound Urban Growth 

Area 

LV UGA 

Activity Centers 

VC 

VI 

VR 

HC 

HI 

HR 

IC 

RAC 

MPR 

Rural Lands 

RGU 

RR 

RFF 

RI 

RC 

Resource Lands 

AG 

FOR 

Special Lands 

C 

N 

Lopez Village Urban Growth Area 

Village commercial 

Village industrial 

Village residential 

Hamlet commercial 

Hamlet industrial 

Hamlet residential 

Island center 

Residential Activity Center 

Master planned resort 

Rural general use 

Rural residential 

Rural farm-forest 

Rural industrial 

Rural commercial 

Agricultural resource lands 

Forest resource lands 

Conservancy 

Natural 

Overlay Designations 

MRL 

ESA 

OSC 

A 

Mineral resource lands 

Environmentally sensitive areas 

Open space conservation 

Airport 


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Areas subject to subarea plans fall under the guidelines of those particular ordinances (see SJCC 18.30.050(D) 

and 18.30.190). The boundaries of the various land use districts and subarea plans are shown on the San Juan 

County Comprehensive Plan official maps (see subsection (B) of this section). 

B. Official Maps. 

1. There is hereby made a part of this Unified Development Code a series of maps which shall be known 

officially as the “San Juan County Comprehensive Plan Official Maps” (hereafter, “the official maps”). 

The official maps shall show all those areas of San Juan County which fall under the jurisdiction of this 

code and the designated land use classes and designations districts for all areas of San Juan County. 

2. There shall be only one official copy of the official maps, which shall reside in the custody of the San 

Juan County community development and planning department. Whenever any portion of the official 

maps is legally amended, the official copy shall be altered promptly to reflect the amendment. 

3. At the time of adoption of this Unified Development Code, one copy of the official maps shall be filed 

with the San Juan County auditor. In addition, at least once every 12 months following the filing of the 

initial official maps with the auditor, the community development and planning department shall make 

an additional copy of the official maps and file it with the initial official maps in the auditor’s office. If 

the official maps have not been amended during the 12-month period, the planning department may file 

with the auditor a notice to that effect, signed by the planning director, in lieu of a copy of the official 

maps. The purpose of these annual filings is to maintain an official record of the changes occurring over 

time to the land use classes and designations districts. At no time shall the copies of the official maps 

filed with the auditor be altered in any way. 

4. Where questions arise regarding the precise boundaries of any designated environment, the director 

administrator shall make the final determination, subject to the provisions of SJCC 18.80.140(B), openrecord 

appeals. Unofficial copies of the official maps may be prepared for administrative purposes and 

for sale to the public. 

C. Land Use Designation District Boundaries. 

1. Land use designation district boundaries, unless otherwise indicated by natural land forms, shall follow lot 

lines or the centerline of streets and alleys as shown on the official maps. Where the street layout on the 

ground varies from that shown on the official maps, the designations districts shown on the official maps 

shall be applied to the streets as actually laid out so as to carry out the intent and purpose of this code. 

2. Land use designation district boundary lines shall extend parallel from their landward location to a point of 

intersection at the center of all bodies of water. Bodies of water include all saltwater bodies, streams, and 

lakes. 

D. Critical Areas Maps. Critical areas maps are provided only as a general guide to alert the viewer to the 

possible location and extent of critical areas. The maps should not be relied upon to establish the existence or 

boundaries of a critical area nor to establish whether all of the elements necessary to identify an area as a critical 

area actually exist. However, the maps may be relied upon by the administrator director as a basis for requiring 

field investigation and special reports. In the event of a conflict between information shown on the maps and 

information shown as a result of field investigation, the latter shall prevail. Prior to requiring a field investigation 

or special report, At the request of an applicant may request that the administrator director will conduct a site 

visit to evaluate whether a critical area may be present. before requiring field investigations or special 

reports.(See procedures in SJCC 18.80.020 and 070) 

The definitions and classifications provided in this code are the controlling factors in determining the actual 

presence and extent of a critical area. Sources for mapped information include, but are not limited to, those listed 

in subsection (E) of this section. 

E. Summary of Map and Data Sources by Topic. 

1. Geologically Hazardous Areas (SJCC 18.30.120). 


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a. United States Geographical Survey (USGS), Topographic Maps. 

b. United States Department of Agriculture (USDA), San Juan County Soil Survey Soil Survey of San 

Juan County, Washington. 

c. Washington State Department of Ecology (WDOE), Coastal Zone Atlas. 

d. Washington State Department of Natural Resources (WDNR) Liquefaction Susceptibility Map of San 

Juan County, Washington. 

2. Frequently Flooded Areas (SJCC 18.30.130). 

a. Federal Emergency Management Agency (FEMA), National Flood Insurance Program Flood 

Insurance Rate Maps (FIRM). 

b. WDOE, Coastal Zone Atlas. 

3. Critical Aquifer Recharge Areas (SJCC 18.30.140). 

a. “Water Resource Assessment Technical Report,” San Juan County Comprehensive Water Plan. 

b. San Juan County Water Resource Management Plan, as adopted by the board of County 

commissioners in October 2004. 

c. “San Juan County Critical Aquifer Recharge Area, Critical Area/Environmentally Sensitive Area 

Overlay District Map,” October 2008. This map shall be in effect until December 2, 2010. 

d. San Juan County Summary of Best Available Science for Critical Areas, September 2008, Chapters 1, 

2, 7 and References. 

4. Wetlands (SJCC 18.30.150). 

a. U.S. Department of the Interior, National Wetlands Survey . 

b. San Juan County Wetlands Survey 

San Juan County Possible Wetlands Map 

5. Fish and Wildlife Habitat Conservation Areas (SJCC 18.30.160). The most current maps of: 

a. Washington Department of Fish and Wildlife (WDFW), species and habitat data. 

b. Washington Department of Natural Resources (WDNR), Water Type Reference Maps and species and 

habitat data. 

c. WDNR, Natural Habitat Program data. 

cd. Washington Dept. of Ecology, Coastal Zone Atlas. 

e. WDFW data. 

f. Puget Sound Water Quality Authority (PSWQA), Puget Sound Environmental Atlas. 

d. National Oceanic and Atmospheric Administration (NOAA) map of critical salmon and steelhead 

habitat.2012 San Juan County Shoreline Characterization and Inventory. 

e. Current and Historic Coastal Geomorphic (Feeder Bluff) Mapping of San Juan County, Washington, 

Coastal Geologic Services, 2010. 

f. Stream type maps developed by the Wild Fish Conservancy and WA Dept. of Fish and Wildlife. 

SECTION 2. SJCC 18.20.010 and Ord. 10-2012 § 1 are each amended to read as follows: 

18.20.010 “A” definitions. 

Comment [SH1]: Definition changes from 

wetland section are not incorporated below, but will 

be reflected when all definitions are combined in the 

final General Section ordinance. 

“Abandon” means to terminate or remove a structure by an affirmative act, such as changing to a new use; or to 

cease, terminate, or vacate a use or structure through nonaction. 

“Abutting” means adjoining as defined herein, but will often have the added component of joining end to end, or 

sharing an end border. 

Accessory Apartment, Accessory Dwelling Unit. See “Internal ADU.” 

“Accessory dwelling unit (ADU)” means a living area that is accessory to the principal residence, located on the 

same lot, and that provides for sleeping quarters, kitchen, and sanitation facilities. An ADU may be internal, 

attached or detached. 

“Accessory structure” means a structure detached from a principal building located on the same lot and which is 

incidental and secondary to the principal building. 


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“Accessory use” means use of land or of a building or portion thereof incidental and subordinate to the principal 

use or building and located on the same lot with the principal use. 

“Acoustical engineer” means, for the purposes of this subarea plan, a professional engineer, licensed in 

Washington, with a degree in mechanical engineering and membership in the Acoustical Society of America; or 

a professional engineer with demonstrated education, accreditation and experience to perform and certify noise 

measurements, as determined by the Director. 

“Accretion shoreform” means shoreline with a backshore which has been produced by the long-term deposition 

of sand or gravel by littoral drift from a feeder bluff or other source. Such shoreforms include barrier beaches, 

points, spits, hooks, and tombolos. 

“Acre” means a unit of measure of land area which consists of 43,560 square feet. 

“Activity centers” in San Juan County include villages, hamlets, residential activity centers, island centers, and 

master planned resorts. 

“Adaptive management” means a style of management which relies upon the best available information to make 

decisions, but implements decisions with a strategy to obtain additional information. The decisions, or their 

implementation, are then adapted, if necessary, based on the new information. 

“Adequate” means acceptable but not excessive. 

“Adequate capacity (adequate capital facilities)” means capital facilities and services that have the capacity 

available to serve development at the time of occupancy or use without decreasing levels of service (LOS) below 

the standards set forth in the Comprehensive Plan. “Adequate capacity” also includes a financial commitment 

that is in place to complete the improvements, or noncapital strategies, necessary to provide a specific level of 

service within six years. (See also “available capacity,” “concurrency,” “levels of service,” and “noncapital 

alternative strategies.”) 

“Adjacent” means either (1) adjoining as defined herein, or (2) being near or in close proximity, implying two 

objects that are not widely separated, though they may not actually touch. If a conflict arises over the meaning of 

the term “adjacent” as used in the UDC, the meaning shall be as interpreted by the director. 

“Adjacent lands, shoreline” means lands adjacent to the shorelines of the state (outside of shoreline jurisdiction). 

See RCW 90.58.340. 

“Adjoining” means being in physical contact, touching at some point or along a line, having a common point or 

border, sharing a common boundary, being so joined or united to each other that no third object intervenes. 

“Administrator,” “planning director,” and “director” each mean the San Juan County community development 

and planning department director or a designated representative. 

“Adverse” means contrary to one’s interest or welfare; harmful or unfavorable circumstances. 

“Adverse impacts” means a condition that creates, imposes, aggravates, or leads to inadequate, impractical, 

unsafe, or unhealthy conditions on a site proposed for development or on off-site property or facilities. 

“Affordable housing” means housing where the occupants pay no more than 30 percent of gross monthly income 

for total housing costs, including the cost of property taxes and insurance for homeowners and monthly utilities 

for owners and renters. 

“Agricultural activities” means land preparation for agricultural purposes, such as clearing, grading, contouring, 

ditching, fencing, plowing, tilling, planting, cultivating, fertilizing, weed pest and disease control, spraying, 

pruning, trimming, harvesting, processing, packing, sales, and construction of farm and stock ponds, irrigation 

ditches and systems; livestock management, such as breeding, birthing, feeding and care of animals, birds, 

honeybees, and fish; the repair and maintenance of equipment, structures, and machinery used to perform 

agricultural or husbandry operations; and the storage of agricultural products and machinery. 

“Agricultural commodity” means sheep, cattle, horses, goats, pigs, llamas, alpacas, or any other animal or any 

distinctive type of agricultural, horticultural, viticultural, floricultural, vegetable, or animal product, including, 

but not limited to, products qualifying as organic food products under Chapter 15.86 RCW and private sector 

cultured aquatic products as defined in RCW 19.85.020 and other fish and fish products, either in their natural or 

processed state, including bees and honey and Christmas trees but not including timber or timber products. 


Page 14 of 56 


“Agricultural processing, retail, and visitor-serving facilities for products” means the commercial processing 

(preparing for market, packing, and sales) of agricultural commodities, and the on-site facilities for retail display 

and sale of such agricultural commodity products. 

“Agricultural resource lands” means lands that are primarily devoted to the commercial production of 

horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, 

straw, turf, seed, livestock, or Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 

84.33.140, and have long-term commercial significance for agricultural production (RCW 36.70A.030(2)). 

Agricultural resource lands is also a land use designation (AG) in the Comprehensive Plan. 

“Agricultural soils” means lands with USDA-San Juan County Soil Survey Class II, III, and IV soils or other soil 

classes where the land is suitable for a particular agricultural use. 

“Agriculture” means the science, art, and business of cultivating land and producing crops or raising livestock 

primarily for commercial sale or use; farming. 

“Agriculture, existing and ongoing” means any agricultural activity conducted on lands defined in RCW 

84.34.020(2); agricultural use ceases when the area on which it is conducted is converted to a nonagricultural 

use. 

“Aid to navigation” means any visual or electronic device airborne or on the surface which provides point-topoint 

guidance information or position data to aircraft in flight. 

“Aircraft accident safety zone” means an area of land that is designated in order to meet the land use 

compatibility direction in RCW 36.70A.510 and 36.70.547 for general aviation airports and to implement the 

health and safety and land use purposes of an airport overlay district, and is shown on the official maps of the 

overlay district. Guidance for the delineation of these safety zones is provided by the Washington State 

Department of Transportation, which can be modified in order to address local circumstances as part of the 

adoption of individual airport overlay districts. 

1. “Safety zone 1: Runway protection zone” is an area that has the same dimensions as the FAA runway 

protection zone. It is a trapezoidally shaped area that extends from the outer boundaries of the primary surface 

along the extended runway centerline. Where only a portion of the runway is declared as usable (the remainder of 

the pavement being part of a paved “stopway”), as is the case at Orcas Island airport, the measurements for the 

zone begin at the threshold line on the pavement which marks the end of the declared usable runway surface. 

2. “Safety zone 2: Inner safety zone” is an area that underlies the main departure/approach path. It begins at the 

end of the runway protection zone (zone 1) and extends out along the extension of the runway centerline. 

3. “Safety zone 3: Inner turning zone” is an area where aircraft turn into the direct approach path, or turn out of 

the departure path. The zone begins at the primary surface and extends out at 30 degrees from both sides of the 

runway centerline. It connects to the centerline of the inner safety zone (zone 2) with sweeping arcs. 

4. “Safety zone 4: Outer safety zone” is an area that underlies the main departure/approach path, after the inner 

turning zone (zone 3). It extends out from both sides of the extended runway centerline, beginning at the outer 

edge of the inner turning zone (zone 3) and extending to the outer boundary of zone 6 (or to outer boundary of 

the horizontal zone if zone 6 is not designated). 

5. “Safety zone 5: Sideline safety zone/airport development zone” is an area that is immediately adjacent to the 

airport and runway area. The standard zone begins at the primary surface, extending out from the extended 

runway centerline and connecting at its ends to the inner turning zone (zone 3). 

6. “Safety zone 6: Traffic pattern zone” is an area that encircles the other five safety zones. The standard area 

consists of a long oval that is centered longitudinally on the runway, and which envelops the other safety zones. 

The perimeter is constructed by swinging arcs from a point along the extended runway centerline that is 500 feet 

from the edge of the primary surface. The arcs are connected by line segments that are extended from the edge of 

safety zone 5. Zone 6 may or may not be designated for a given airport overlay district. 

“Airfield” means a privately owned area of land open to general or limited public use for aircraft operations. An 

airfield may include related noncommercial services, aircraft maintenance, or fueling facilities. 

“Airport” means an area of land or facility publicly owned and open to general public use for aircraft operations, 

except any airfield or airstrip as defined herein. An airport may include related services and facilities. 


Page 15 of 56 


“Airport overlay district” means an overlay district which governs use of land in the vicinity and environs of an 

airport and protects public safety in the area. 

“Airstrip” means a privately owned area of land, closed to the public, and restricted to use by the owner for 

noncommercial aircraft operations and, on an occasional basis, invited guests of the owner. 

“Aliquot part” means a parcel of unplatted land which is described by record legal description as a fractional 

portion of a section, excluding government lots. 

“Allowable uses” means the land uses that are allowed under this code, divided into five categories, as identified 

in SJCC 18.30.050 and Tables 3.1 and 3.2 in SJCC 18.30.030 and 18.30.040. These are uses allowed outright 

(“Yes”), provisional (“Prov”), discretionary (“D”), conditional (“C”), and plan amendment (“P.A.”) uses. 

“Allowed outright use (“Yes” use)” means a use that is allowed outright within a land use designation, and which 

does not require a project permit, is identified in Tables 3.1 and 3.2 in SJCC 18.30.030 and 18.30.040 by the 

symbol “Yes.” All “Yes” uses are subject to and must comply with all applicable development standards of this 

code (see Chapter 18.60 SJCC and SJCC 18.80.070). 

“Alteration, nonconforming structures” means any change or rearrangement in the supporting members of 

existing buildings, such as bearing walls, columns, beams, girders, or interior partitions, as well as any changes 

in doors, windows, means of egress or ingress or any enlargement to or diminution of a building or structure, 

horizontally or vertically, or the moving of a building from one location to another. This definition excludes 

normal repair and maintenance, such as painting or roof replacement, but includes more substantial changes. 

“Alteration, nonconforming use” means the expansion, modification or intensification of a use that does not 

conform to the land use regulations of the UDC. 

“Angle of repose” means the slope at which a land mass normally will remain stable without artificial means of 

support. The specific angle is largely dependent on the type(s) of material(s) present in the land mass. 

“Animal shelter (kennel)” means a commercial or nonprofit establishment in which animals other than livestock 

are temporarily housed or boarded, groomed, bred, trained, treated, or sold. 

“Antenna” means any apparatus designed for transmitting and/or receiving electromagnetic waves by converting 

those waves from and to electrical current. 

“Antenna array” means one (1) or more antennas and their associated mounting hardware, feed lines, or other 

appurtenances which share a common attachment device, such as a mounting frame or support structure. 

“Appeal, closed-record” means an administrative appeal on the record to the board of County commissioners, 

following an open-record hearing on a project permit application. A closed-record appeal is on the record made 

before the decision maker with no or limited new evidence or information allowed to be submitted and only 

appeal argument allowed (RCW 36.70B.020). 

“Appeal, open-record” means a hearing, conducted by the hearing examiner, that creates the County’s record 

through testimony and submittal of evidence and information, under procedures prescribed by the County by 

ordinance or resolution when a timely appeal of the director’s decision on a project permit application or a timely 

appeal of an administrative determination is filed. 

“Applicant” means any person who files a permit application with the County and who is either the owner, 

beneficial owner, contract purchaser, or authorized agent of such owner of the land on which the proposed 

activity would be located. 

“Approach surface” means the FAA imaginary surface that is the lower boundary of an airspace which begins at 

the ends of the primary surface and extends upward and outward along the extended runway centerline. The 

initial width of the surface coincides with the width of the primary surface, and expands outward uniformly from 

the primary surface. 

“Approach, transitional, horizontal, and conical surfaces” means the imaginary surfaces that relate to an airport 

or airfield runway as defined in Federal Aviation Administration (FAA) regulations, 14 CFR, Part 77, “Objects 

Affecting Navigable Airspace,” as amended, and as shown on the approach and clear zone plan for an airport or 

airfield. They are so-called “imaginary” surfaces because, with the exception of the runway, they cannot be seen. 


Page 16 of 56 


“Approach, transitional, horizontal, and conical zones” means the zones which apply to the ground areas 

immediately under a runway approach; transitional, horizontal, and conical surfaces as projected along a vertical 

axis. 

“Aquacultural activities” means use of the land and water for aquacultural purposes including, but not limited 

to: producing, breeding, or increasing products; rotating and changing products; processing, packing, storing and 

selling products; composting organic materials; and construction, maintenance and repair of structures and 

facilities associated with the operation. 

" Aquacultural equipment and facilities" includes, but is not limited to: (i) The following used in aquacultural 

operations: equipment; machinery; constructed shelters, buildings, and ponds; water storage facilities; water 

diversion, withdrawal, conveyance, and use equipment and facilities such as pumps, pipes, canals, ditches, and 

drains; (ii) farm residences and associated equipment, lands, and facilities; and (iii) roadside stands and on-farm 

markets for products (see RCW 90.58.065 (2)). 

" Aquacultural products" includes fish, shellfish, or other aquatic animals or plants. 

"Aquaculture" means the science or art of cultivating fish, shellfish, or other aquatic animals or plants. 

Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock geoduck 

fishery (see WAC 173-26-020(6)). 

“Aquatic environment” means all water bodies under the jurisdiction of the Shoreline Management Act of 1971 

and within the boundaries of San Juan County, including the water surface together with the underlying lands and 

the water column, including but not limited to bays, straits, harbors, coves, estuaries, tidelands, shorelands, and 

lakes. 

“Aquifer” means a body of permeable saturated rock material or soil capable of conducting ground water. 

“Aquifer recharge areas” means lands through which precipitation and surface water infiltrate the soil and are 

transmitted through rocks and soil to create ground water storage. 

“Archaeological” means having to do with the scientific study of material remains of past human life and 

activities. 

“Archaeological site” means an area of ancestral human use such as middens, burial grounds, and earthworks. 

“Area” means the size of a parcel of land, as expressed in square feet or acres to two decimal places. When a 

public road right-of-way lies within a tract of land otherwise in contiguous ownership, area within the right-ofway 

may be included in gross area for the purpose of calculating maximum allowable density. When public road 

right-of-way abuts a tract of land, area to the centerline may be included in the gross area of the parcel for this 

purpose. 

“Area, nominal” means the approximate area of a parcel of land, such as the aliquot part or the land area in the 

assessor’s records. 

“Area of more intensive rural development (AMIRD)” means a class of rural lands that includes village and 

hamlet activity centers, residential activity centers, and island centers. AMIRDs were identified and delineated 

according to the criteria in RCW 36.70A.070(5)(d). They consist of commercial, industrial, residential, or mixeduse 

areas in which the kinds, intensities, or densities of use, or the capital facilities and services available, exceed 

the levels normally associated with rural development. Thus, these areas recognize and provide for existing 

compact rural development and uses, and allow for infill in the areas to the level of existing patterns. 

“Area of natural terrain obstruction” means an area where the natural land surface penetrates the FAA imaginary 

surface. 

“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or 

greater chance of flooding in any given year, as indicated on the flood insurance rate maps (FIRMs). 

“Assembly facility” means a facility designed and used for the gathering of people, or in which they may come 

together in a body, such as a meeting hall, community club or center, church, etc. (See also “community club or 

facility” and “religious assembly facility.”) 

“Assessor’s parcel number” means a geocoding number assigned by the assessor’s office for property tax 

assessment purposes only. 

“At grade” means at ground level. 


Page 17 of 56 


“Attached accessory dwelling unit (AADU)” means an ADU which is internal to or attached to the principal 

residence by (1) a common wall, or (2) a continuous roof and exterior wall enclosures, or (3) a continuous roof 

no less than six feet in width, the area of which is included in the living area of the ADU. 

“Automotive fuel station” means any building, land area, or other premises used for the retail dispensing or sales 

of vehicular fuels, but at which there is no servicing or repair of automobiles. 

“Automotive repair station” means any building, land area, or other premises used for the retail servicing or 

repair of automobiles, but at which there is no dispensing or sales of vehicular fuels. 

“Automotive service station” means any building, land area, or other premises used for the retail dispensing or 

sales of vehicular fuels and the servicing or repair of automobiles. 

“Automobile wrecking and junk (or salvage) yards” means an outdoor area used for the wrecking, storage, and 

recycling/salvage of wrecked or abandoned vehicles for scrap metal and/or parts. (See “junk yard or salvage 

facility.”) 

“Available capital facilities (available capacity)” means capital facilities or services that are in place (“existing 

capacity”), or for which a financial commitment is in place to provide the facilities or services within a specified 

time (“planned capacity”). “Available capacity” consists of existing plus planned capacity. (See also “adequate 

capacity,” “concurrency,” and “levels of service.”) 

“Average tree height” means the mean height of existing trees within a 150-foot radius of the facility site. 

“Average vehicular trips” means the average number of all vehicles entering or leaving a site during a defined 

period. 


18.20.070 “G” definitions. 

“Gabions” means structures composed of masses of rocks, rubble or masonry held tightly together, usually by 

wire mesh, so as to form blocks or walls. Sometimes used on heavy erosion areas to retard wave action or as 

foundations for breakwaters or jetties. 

“Garden” means an area used for the cultivation of plants for personal enjoyment or consumption and not for 

commercial agricultural sale or use. 

“Garry oak (Quercus garryana) woodlands and savannas” means a habitat type which contains Garry oak, 

which is a type of Oregon white oak found in warmer, drier areas of the Puget Sound and southern British 

Columbia. This habitat type is associated with what is becoming an increasingly rare ecosystem supporting a 

variety of rare wildflowers, butterflies (such as the duskywing (Erynnis propertius)) and other plants and animals. 

Garry oak ecosystems are highly varied and are found in locations with rock outcrops, coastal bluffs, maritime 

meadows, and treeless grasslands as well as seasonal wetlands, and are sometimes found in mixed stands with 

other trees including arbutus and Douglas fir. Acorns from the oaks provide a key food for many birds, and other 

wildlife. Areas in the County that contain Garry oak include English Camp, Cady Mountain, San Juan Valley, the 

west side of San Juan Island, Point Disney, Turtleback Mountain, West Sound. 

“General aviation airport” means an airport that is used or to be used for public purposes, under the control of a 

public agency, the landing area of which is publicly owned. General aviation airports include commercial service 

airports. 

“Geologically hazardous areas” means areas that because of their susceptibility to erosion, sliding, earthquake, or 

other geological events are not suited to the siting of commercial, residential, or industrial development 

consistent with public health or safety concerns. 

“Grade, average level” means the average of the natural or existing topography of the lot, parcel or tract of real 

property which will be directly under the center of all exterior walls of a proposed building or structure. 

“Grade, average level, shoreline” means the average grade as measured as provided above, except that in the case 

of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark. 

“Grade, existing” means the elevation of the ground or site prior to any work being done or any changes being 

made to the ground or site.“Grade, finished” means the final elevation of the ground level after development. 


Page 18 of 56 


“Grading” means stripping, cutting, filling, or stock-piling land including the land in its cut or filled condition to 

create new grade. 

Grandfathered Uses and Structures. See “nonconforming,” “nonconforming lot,” “nonconforming structure,” 

“nonconforming use,” “alteration, nonconforming structures,” and “alteration, nonconforming use.” 

“Grassy swale” means a vegetated drainage channel that is designed to remove various pollutants from 

stormwater runoff through biofiltration. 

“Groins” means barrier type structures extending from the backshore seaward across the beach. 

“Gross area” means the total area included within the boundaries of any parcel including land area up to the 

centerline of any abutting public road right-of-way. 

“Group home” means a residential occupancy that exceeds the definition of “family” in a single-family 

residence. 

“Group housing” means a residential dwelling that exceeds the definition of a single-family residence and which 

is not a multifamily dwelling. 

“Growth Management Act (GMA)” means the State of Washington Growth Management Act, 1990 Laws, First 

Ex. Session, Ch. 17, as amended. 

SECTION 4. SJCC 18.20.080 and Ord. 10-2012 § 7; Ord. 21-2002 § 3; Ord. 5-2002 § 2; Ord. 12-2001 § 3; 

and Ord. 2-1998 Exh. B § 2.3 are each amended to read as follows: 

18.20.080 “H” definitions. 

“Habitat” means the place or type of site where a plant or animal naturally or normally lives and grows. 

“Hamlet” means an activity center with high-density residential areas and a small commercial center that 

provides goods and services to surrounding rural residential, rural, and resource uses. 

“Hangars” means covered areas and enclosed structures for housing and/or repairing aircraft. 

“Hard Shoreline Stabilization Measures” means shore erosion control structures and measures composed of 

hard surfaces, arranged with primarily linear and vertical or near-vertical faces that armor the shoreline and 

prevent erosion. These measures include bulkheads, rip-rap, groins, retaining walls and similar structures 

composed of materials such as boulders, gabions, dimensional lumber, and concrete. 

“Heavy industrial use” means a use engaged in the basic processing and manufacturing of materials or products 

predominately from extracted or raw materials; a use engaged in storage of, or manufacturing processes using 

flammable, hazardous or explosive materials. 

“Height” means the vertical distance measured from the average existing grade beneath a structure or object 

along a plumb line to the highest point of a structure or object. 

“Height of building” means the vertical distance above a reference datum measured to the highest point of the 

coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a pitched 

or hip roof. The reference datum shall be selected by either of the following, whichever yields a greater height of 

building: 

1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance 

of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above 

lowest grade; or 

2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in 

subsection (1), above, is more than 10 feet above lowest grade. 

The height of a stepped or terraced building is the maximum height of any segment of the building (cf. Uniform 

Building Code). 

“Height, shoreline” means the height of shoreline structures, measured from average grade level to the highest 

point of a structure; provided, that television antennas, chimneys, and similar appurtenances shall not be used in 

calculating height, except where they obstruct the view of the shoreline of a substantial number of residences on 

areas adjoining such shorelines, excluding temporary construction equipment (WAC 173-27-030). 

“Helipads” means areas for the landing and take-off of rotary-wing aircraft, but not adequate for fixed-wing 

aircraft. 

“Herbaceous Balds and Bluffs” mean native plant areas located on shallow soils over bedrock, often on steep, 


Page 19 of 56 


exposed slopes with few trees, which support grasses, herbaceous plants, dwarf shrubs, brittle prickly pear 

cactus, mosses and lichens adapted for survival on shallow soils amid seasonally dry conditions. Trees that may 

be present include Douglas fir, Pacific madrone, and Garry oak. In San Juan County this habitat supports many 

plant species that are rare or that grow in few other land cover types, and they are the preferred habitat of the 

Taylor’s checkerspot butterfly. 

“Herbaceous vegetation” means non-woody vascular plants. 

“Historic camps” means, for the purposes of determining allowable uses, nonprofit recreational and educational 

camping facilities owned by a nonprofit entity and in continuous operation since October 2, 1979. 

“Historic educational and scientific facilities” means, for the purposes of determining allowable uses, educational 

and scientific facilities in continuous operation since October 2, 1979. 

“Historic resort” means, for the purposes of determining allowable uses, a resort established prior to and in 

continuous operation since October 2, 1979. 

“Historic site, structure or landmark” means a site, structure or building of outstanding archaeological, historical 

or cultural significance. This is shown by its designation as such by the National or Washington State Register of 

Historic Places or an adopted San Juan County Historic Preservation Plan, designation as an historic landmark, or 

any such structure or feature for which the State Historic Preservation Officer has made a determination of 

significance pursuant to Section 106 of the National Historic Preservation Act. 

“Home occupation” means any commercial activity carried out by a resident of a single-family residence and 

conducted as an incidental and accessory use of the residence. 

“Horizontal surface” means the FAA imaginary surface that is the lower boundary of a horizontal airspace that is 

located above the airport and forms and elongated oval above the runway. 

“Hospitality commercial use” means restaurants and transient lodging establishments and associated guest 

facilities available for short-term accommodation for a period not to exceed 30 days. 

“Hotel” means a hospitality commercial use containing three or more individually rented lodging units (in one or 

more buildings), which provides sleeping accommodations, with or without meals or the facilities for preparing 

meals, for travelers and transient guests, and which does not meet the definitions of “bed and breakfast inn,” “bed 

and breakfast residence,” or “vacation rentals of a residence or an ADU.” 

“Houseboat” means a building constructed on a float and used wholly or in part for human habitation, which 

does not have the following characteristics of a vessel: a seaworthy hull design which meets U.S. Coast Guard 

standards for flotation, safety equipment, and fuel, electrical and ventilation systems; capability for travel in open 

water and for use for water transportation in general; permanent equipment for water travel including a method 

for steering and propulsion, deck fittings, navigational equipment and marine hardware; and registration as a 

vessel with federal, state, and local agencies. 

“Household” means one or more related or unrelated persons occupying a dwelling unit. 

“Hydric soil” means soil that is saturated, flooded, or ponded long enough during the growing season to develop 

anaerobic conditions in the upper part, as determined by following the methods described in the currently 

accepted Federal Manual for Identifying and Delineating Jurisdictional Wetlands. Soils series in San Juan 

County identified as hydric by the Soil Conservation Service (1990) include: Bellingham, Bow, Coveland, 

Hovde, Norma, Orcas, Semiahmoo, and Tanwax. Other soils not classified as hydric by the Soil Conservation 

Service may still meet the hydric soil criteria. 

“Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least 

periodically deficient in oxygen as a result of excessive water content, as determined by following the methods 

described in the currently accepted Federal Manual for Identifying and Delineating Jurisdictional Wetlands. 

SECTION 5. SJCC 18.20.110 and Ord. 2-1998 Exh. B § 2.3 are each amended to read as follows: 

18.20.110 “K” definitions. 

“Kelp” means all brown algae of the order Laminariales, generally consisting of a holdfast, a stipe and a float. 

“Kitchen” means a room used for cooking or preparing food. 



18.20.140 “N” definitions. 

Page 20 of 56 


“National Pollutant Discharge Elimination System (NPDES)” means a joint federal and state permitting system 

for the control, monitoring, and reduction of point-sources of pollution, established under the Federal Water 

Pollution Control Act (Clean Water Act) (Public Law 92-500). 

“National Register of Historic Places” means the official federal list, established by the National Historic 

Preservation Act, of sites, districts, buildings, structures and objects significant in the nation’s history and 

prehistory, or whose artistic or architectural value is unique. 

“Native vegetation” means plant species which are indigenous to San Juan County. 

“Natural designation” means the land use designation of the Comprehensive Plan that is designed to preserve 

unusual or valuable natural resource systems by the regulation of all activities or uses which might degrade or 

alter the natural characteristics which make these areas unusual or valuable. 

“Natural environment (shoreline)” means the Shoreline Master Program designation designed to preserve 

unusual or valuable natural resource systems by regulating all potential uses which might degrade or alter the 

natural characteristics that make the area unusual or valuable. 

“Natural or existing topography” means the topography of the lot, parcel, or tract of real property immediately 

prior to any site preparation or grading, including excavation or filling. 

“Natural system (shoreline)” means a group of related objects or forces existing in nature, for example, a shore 

process corridor. 

“New and expanding agricultural activities” means agricultural activities that expand beyond the current 

geographic footprint existing on the effective date of these regulations. (See also “Agricultural activities.”) 

“New and expanding aquacultural activities” means aquacultural activities that expand beyond the current 

geographic footprint existing on the effective date of these regulations (see aquacultural activities). 

“Noise” means any sound not occurring in the natural environment which causes or tends to cause an adverse 

psychological or physiological effect on humans. 

“Noise exposure forecast level” means the level of predicted noise exposure or areas within the vicinity of an 

airport due to aircraft operations at some future date based on noise levels and duration at the time of prediction. 

“Noncapital alternative strategies” means programs, strategies, or methods that contribute to achieving and 

maintaining adequate levels of service (as set forth in the Comprehensive Plan) for concurrency facilities by 

means other than by constructing structural improvements. These strategies include but are not limited to 

reduction of need or demand for a facility or service (as by education efforts or increased efficiency of use), 

provision of a noncapital substitute, and use of alternative methods to provide capacity. (See also “adequate 

capacity,” “available capacity,” “concurrency,” and “level of service.”) 

“Nonconforming” means a use, structure, site, or lot which conformed to the applicable codes in effect on the 

date of its creation but which no longer complies because of changes in code requirements. Nonconformity is 

different than and not to be confused with illegality (see “illegal use.”) Legal nonconforming lots, structures, and 

uses are commonly referred to as “grandfathered.” 

“Nonconforming lot” means a lot which does not conform to the area, width, depth, or street frontage regulations 

of the land use district in which it is located. 

“Nonconforming structure” means a structure which does not conform to the dimensional regulations, including 

but not limited to, setback, height, lot coverage, density, and building configuration regulations of the land use 

district in which it is located due to changes in code requirements. (See also “alteration, nonconforming 

structures.”) 

“Nonconforming use” means a use of a structure or of land which does not conform to the regulations of the land 

use district in which the use exists due to changes in code requirements. (See also “Alteration, nonconforming 

use.”) 

“Nonconsumptive use” means a use which does not permanently deplete, degrade, or destroy the resource 

involved. 


Page 21 of 56 


“Nonpoint source” means the release of waste or other flows which occurs over a broad or undefined area. 

Releases which can be described as confined to a small area, such as discharges from a pipe or conduit, are 

referred to as “point-source discharges.” (See also “point-source discharge.”) 

“Normal appurtenance, shoreline” means a structure or development that is necessarily connected to the use and 

enjoyment of a single-family residence and which is expressly defined in WAC 173-27-040 and in Chapter 18.50 

SJCC, for purposes of exemption from shoreline substantial development permit requirements in accordance with 

WAC 173-27-040(g). (See also “shoreline exemption.”) 

“Nursery” means lands or greenhouses used to raise flowers, shrubs, and plants for commercial purposes. 

“Nursing home (long-term health care facility)” means a facility or residence that provides health or long-term 

care services to residents, including nursing or other supportive or restorative health services on a 24-hour basis 

(RCW 43.190.020). 

SECTION 7. SJCC 18.20.170 and Ord. 2-1998 Exh. B § 2.3 are each amended to read as follows: 

18.20.170 “Q” definitions. 

“Qualified professional” means a person with training and experience in the pertinent scientific discipline. With 

regard to Critical Areas, it means a person who is a qualified scientific expert in accordance with WAC 365-195- 

905. A qualified professional must be licensed and/or certified where such licensing or certification are required. 

When certification is not required the professional must have: (1) obtained a B.S., B.A., or equivalent degree in 

biology, engineering, environmental studies, fisheries, geomorphology, or related field, and (2) have at least five 

years of related work experience. 

1. Wetlands. A qualified wetlands professional is a person who has an understanding of hydrology and 

advanced skills in plant identification and soils classification, has been trained in the procedures of the 

1987 (federal) Wetland Delineation Manual and its updated Regional Supplement, has used those 

procedures to delineate a wetland, has obtained permits from the Washington State Department of 

Ecology or the U.S. Army Corps of Engineers within the last seven years, and has the qualifications to 

conduct wetland studies and make recommendations for wetland mitigation. These qualifications include 

specialization in wetland soils, botany, or hydrology, with appropriate education and experience. 

2. Fish and Wildlife Habitat Conservation Areas. A qualified professional for habitat must have a degree in 

biology or a related degree and professional experience related to the subject species. 

3. Geologically Hazardous Areas. A qualified professional for a geological hazard is: (1) a geotechnical 

engineer, qualified civil engineer, or certified engineering geologist; (2) with experience analyzing 

geologic, hydrologic, and ground water flow systems and slope stability, seismicity, faulting and 

liquefaction; and (3) is licensed to practice in the state of Washington. When the proposed development 

is located in an area subject to coastal geomorphological processes, the professional shall have 

demonstrated experience in evaluating and providing technical recommendations related to sediment and 

sediment transport, and effects on property and shoreline stability. 

4. Critical Aquifer Recharge Areas. A qualified professional for critical aquifer recharge areas means a 

hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeological 

assessments. 

“Qualified wetlands consultant” means a person who has the qualifications to conduct wetland studies and make 

recommendations for wetland mitigation. These qualifications include specialization in wetland biology, botany, 

and hydrology, with appropriate education and experience. 



Page 22 of 56 


“Sale” means the transfer for consideration of legal or beneficial ownership. 

“Salt water intrusion” means the underground flow of salt water into wells and aquifers. 

“Sanctuaries” means places of habitation and refuge for plants and animals. 

“Screening” means a method of visually shielding or obscuring a structure or use from view by fencing, walls, 

trees, or densely planted vegetation. 

“Scrub-shrub wetland” means a regulated wetland with at least 30 percent of its surface area covered by woody 

vegetation less than 20 feet in height as the uppermost strata. 

Seawall. See “Bulkhead.” 

“Seaward” means to or toward the sea. 

“Secondary use” is secondary, or subordinate, to the primary use of the property, e.g., commercial, residential, 

utilities, etc. 

“Security barrier” means a locked, impenetrable wall or fence that completely seals an area from unauthorized 

entry or trespass. 

“Sedimentation” means the process by which material is transported and deposited by water or wind. 

“Seismic hazard areas” means areas subject to severe risk of damage as a result of earthquake-induced ground 

shaking, slope failure, settlement, or soil liquefaction. 

“Sensitive species” means species that could become threatened as classified by the State of Washington 

Department of Fish and Wildlife, Nongame Program, and the Department of Natural Resources, Washington 

Natural Heritage Plan. 

“Septage” means the mixture of solid, semi-solid, and liquid wastes, scum, and sludge that is pumped from 

within septic tanks, pump chambers, holding tanks, and other septic system components. 

“Service area” means an area identified by a public water system that includes existing and future service. 

“Setback” means the distance a structure is placed behind a specified line or topographic feature. 

“Sewerage treatment facilities” means the management, storage, collection, transportation, treatment, utilization, 

and processing of sewage from a municipal or community sewage treatment plant, not including community 

drain fields. 

“Shooting range” means a facility specifically designed and used for safe shooting practice with firearms and/or 

for archery practice, with individual or group firing positions for specific weaponry. 

“Shore process corridor” means the land-water zone within which certain geological, biological, and hydraulic 

actions and interchanges critical to the integrity of the shoreline take place, for example, a feeder bluff-driftwayaccretion 

shoreform system. 

“Shorelands” means lands extending landward for 200 feet in all directions as measured on a horizontal plane 

from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such 

floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject 

to the provisions of Chapter 90.58 RCW. 

“Shoreline berm” means one or several linear mounds of sand and gravel generally paralleling the shore at or 

landward of the ordinary high water mark that are normally stable because of material size or vegetation. 

“Shoreline development” means a use consisting of the construction or exterior alteration of structures; dredging; 

drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of 

obstructions; or any project of permanent or temporary nature which interferes with the normal public use of the 

surface of the waters overlying lands subject to Chapter 90.58 RCW at any stage of water level (RCW 90.58.030; 

WAC 173-27-030). 

“Shoreline jurisdiction (shorelands or shoreland areas)” means the proper term describing all of the geographic 

areas covered by the Shoreline Management Act, related rules, and the applicable master program. Those lands 

extending landward for 200 feet in all directions, as measured on a horizontal plane from the ordinary high water 


Page 23 of 56 


mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and 

river deltas associated with the streams, lakes, and tidal waters subject to the SMA. (RCW 90.58.030). 

“Shoreline Management Act” means the Shoreline Management Act of 1971 (Chapter 90.58 RCW), as amended. 

“Shoreline Master Program (SMP)” means the San Juan County Shoreline Master Program, being Element 3 of 

the Comprehensive Plan, and Chapter 18.50 SJCC. 

“Shoreline modification, general” means any human activity that changes the interface between the land and 

the water, including dredging, filling, grading, and construction of dikes, breakwaters, docks, jetties, bulkheads 

and other structures in and/or immediately adjacent to the water. 

“Shoreline permit” means a substantial development, shoreline conditional use, or shoreline variance permit. 

“Shoreline substantial development permit exemption” means certain developments that meet the precise terms 

of listed exemptions and are granted exemption from the requirements of the substantial development permit 

process of the Shoreline Management Act (SMA). An activity that is exempt from the substantial development 

provisions of the SMA must still be carried out in compliance with policies and standards of the Act and the 

Master Program (Element 3 of the Plan and Chapter 18.50 SJCC). Shoreline conditional use or variance permits 

may also still be required even though the activity does not need a substantial development permit (Cf. RCW 

90.58.030(3)(e); WAC 173-27-030(7) and 173-27-040). 

“Shorelines” means all of the water areas in the state, including reservoirs, and their associated shorelands, 

together with the lands underlying them, except: 

1. Shorelines of statewide significance; 

2. Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second 

or less, and the wetlands associated with such upstream segments; and 

3. Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes (RCW 90.58.030). 

“Shorelines hearings board” means the board established by the Shoreline Management Act. 

“Shorelines of statewide significance” means, in San Juan County, those areas of Puget Sound and the Strait of 

Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low 

tide (RCW 90.58.030). 

“Sign” means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used 

to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, 

product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, 

colors, illumination or projected images. Excluded from this definition are signs required by law and the flags of 

national and state governments. 

“Sign, commercial” means a sign that directs attention to a business or profession, to a commodity or service 

sold, offered, or manufactured, or to an entertainment offered on the premises where the sign is located. 

“Sign, freestanding” means a sign not attached to a structure. 

“Simple land division” means a division of property meeting the criteria in SJCC 18.70.040. 

“Single-family residence” means a dwelling unit designed for and occupied by no more than one family. 

“Siting” means the method and form of placement of a use or development on a specific area of a subject 

property. 

“Slaughterhouses, small-scale” means places where animals are butchered and: 

1. There is a fee charged for the entire carcass to be returned to the animal owner; or 

2. There is a group of residents who butcher their animals in a common area and there is no fee for slaughtering 

services. 

“Small scale” means of a size or intensity which has minimal impacts on the surrounding area and which makes 

minimal demands on the existing infrastructure. 

“Soil test hole log” means the excavation and written record of soil septic suitability as per health department 

written guidelines and requirements. 

“Soft Shoreline Stabilization Measures” means shore erosion control structures and measures composed of 

primarily natural and semi-rigid or flexible materials, logs and vegetation, organized in a non-linear, sloping 


Page 24 of 56 


arrangement, that dissipates wave energy and minimizes erosion in a way that is similar to natural shoreline 

processes. 

“Solid waste” means all putrescible and nonputrescible solid and semi-solid wastes, except wastes identified in 

WAC 173-304-015, including but not limited to junk vehicles, garbage, rubbish, ashes, industrial wastes, swill, 

demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities, but 

excluding agricultural wastes and crop residues returned to the soil at agronomic rates. This includes all liquid, 

solid and semi-solid materials which are not the primary products of public, private, industrial, commercial, 

mining and agricultural operations. Solid waste includes but is not limited to sludge from waste water treatment 

plants and septage from septic tanks, wood waste, dangerous waste, and problem wastes. Unrecovered residues 

from recycling operations shall be considered solid waste. 

“Solid waste disposal” means the act or process of disposing of rubbish and garbage. 

“Solid waste transfer station” means a fixed, supplemental collection and transportation facility, used by persons 

and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle for 

transport to a permanent disposal site. Solid waste transfer stations include recycling centers and collection 

points. (See “recycling center” and “recycling collection point.”) 

“Sound” means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter in 

a medium with internal forces that causes compression and rarefaction of that medium, including any 

characteristics of sound, such as, duration, intensity, and frequency. 

“Source of contamination” means a facility or disposal or storage site for material that impairs the quality of 

ground water to a degree that creates a potential hazard to the environment, public health, or interferes with a 

beneficial use. 

“Special flood hazard” means land in the floodplain subject to a one percent or greater chance of flooding in any 

given year. 

“Special report” means a technical report or study containing certain site analyses or project evaluations or a plan 

describing mitigation or monitoring recommendations. 

“Species of local concern” means species which have been officially recognized by the San Juan board of County 

commissioners as requiring special consideration due to their declining population status, sensitivity to habitat 

manipulation, value for commercial or game purposes, or other special value, pursuant to SJCC 18.30.160(C). 

“Spit” means an accretion shoreform which extends seaward from and parallel to the shoreline. 

“State endangered species” means a species native to the state of Washington that is seriously threatened with 

extinction throughout all or a significant portion of its range within the state. Endangered species are legally 

designated in WAC 232-12-014. 

“State sensitive species” means a species, native to the state of Washington, that is vulnerable or declining and is 

likely to become endangered or threatened in a significant portion of its range within the state without 

cooperative management or the removal of threats. Sensitive species are legally designated in WAC 232-12-011. 

“State threatened species” means a species, native to the state of Washington, that is likely to become endangered 

in the foreseeable future throughout a significant portion of its range within the state without cooperative 

management or the removal of threats. Threatened species are legally designated in WAC 232-12-011. 

“Static level” means the stable equilibrium level of the water in a well which rises in the well column, without 

being influenced by pumping. 

“Storage yard” means an outdoor area used for the storage of equipment, vehicles and materials. 

“Stream” means a watercourse with a defined bed and banks, not including man made ditches, canals, or other 

entirely artificial watercourses, except where they exist in a natural watercourse (see WAC 220-110-020). 

Streams are classified in WAC 222-16-030 and 031. In identifying streams, conditions in the field shall control. 

“Street frontage” means the length along a street which a structure, business, or lot abuts or fronts. 

“Structure” means a permanent or temporary edifice or building or any piece of work artificially built up or 

composed of parts joined together in some definite manner, whether installed on, above, or below the surface of 

the ground or water, except for vessels (WAC 173-27-030). 


Page 25 of 56 


“Subarea plan” means a detailed plan consistent with but more specific than this code or the Comprehensive 

Plan. It may be a detailed land use plan for a specific geographic area, or a functional long-range plan for a land 

use or resource issue of County-wide concern. 

“Subdivision, alteration of” means the alteration of lots or changes in dedications or restrictions or easements 

shown on the face of a plat of a subdivision or short subdivision; except as provided by RCW 58.17.040(6) for 

boundary line adjustments. 

“Subdivision (long)” means a division or redivision of land, normally into five or more parcels, but under special 

circumstances for subdivision into two or more parcels, as provided by this code and Chapter 58.17 RCW. 

“Subdivision, short” means subdivision of land into no more than four parcels, as provided by this code and 

Chapter 58.17 RCW. 

“Subdivision, vacation of” means the removal of lots, boundaries, roads, dedications, restrictions, or easements 

of a recorded subdivision or short subdivision. 

“Substantial alteration” means any alteration, where the total cost of all alterations (including but not limited to 

electrical, mechanical, plumbing, and structural changes) for a building or facility within any 12-month period or 

single development permit application amounts to 50 percent or more of the value of the building or facility. In 

determining the current value of the building or facility, the assessor’s fair market value, or a current appraisal 

acceptable to the County, may be used. 

“Substantial development” means any development of which the total cost, or fair market value, exceeds $2,500 

or any development which materially interferes with normal public use of the water or shorelines of the state 

(RCW 90.58.030(3)(e)); except that developments meeting the precise terms of the exemptions specified in 

WAC 173-27-040 and Chapter 18.50 SJCC (Shoreline Master Program) shall not be considered substantial 

developments. 

“Substantial improvement” means any maintenance, repair, structural modification, addition or other 

improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure 

either before the maintenance, repair, modification, or addition is started or before the damage occurred, if the 

structure had been damaged and is being restored. 

“Subtidal” means the area seaward of the line of extreme low tide. 

“Sustainable” means actions or activities which preserve and enhance resources for future generations. 

“Swale” means a depressed, vegetated, often wet area of land, or an open drainageway. 

“Swamp” means a depressed area flooded most of the year to a depth greater than that of a marsh and 

characterized by areas of open water amid soft, wetland masses vegetated with trees and shrubs. 

SECTION 9. SJCC 18.20.230, Ord. 10-2012, and Ord. 2-1998 Exh. B § 2.3 are each amended to read as 

follows: 

18.20.230 “W” definitions. 

“WAC” means the Washington Administrative Code. 

“Warehouse” means a building used primarily for the storage of goods and materials for commercial purposes. 

“Water conservation” means a reduction in the amount of water used to carry out a beneficial water use without a 

reduction in the value of service the water provides. 

“Water-dependent use (or activity)” means any reasonable use which requires a shoreline or over-the-water 

location because of its intrinsic nature. Such uses would include but not be limited to aquaculture, docks, 

marinas, boat-fueling stations, and marine research installations. 

“Water-enjoyment use” means a recreational or other use facilitating public access to the shoreline as a primary 

characteristic of the use; a use that provides for recreational use or aesthetic enjoyment of the shoreline for a 

substantial number of people as a general character of the use and which through location, design, and operation 

assures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a 

water-enjoyment use, the use must be open to the general public and the shoreline space of the project must be 


Page 26 of 56 


devoted to provisions that accommodate public shoreline enjoyment. Examples may include parks, piers, 

museums, educational or scientific reserves, resorts, and mixed use projects. 

“Water-oriented use” refers to any combination of water-dependent, water-related, and or water-enjoyment uses 

and serves as an all encompassing definition for priority uses under the Shoreline Management Act. Non-wateroriented 

are those uses which have little or no relationship to the shoreline and are not considered priority uses 

under the SMA. Non-water-oriented examples include professional offices, automobile sales or repair shops, 

mini-storage facilities, multifamily residential development, parking lots, and gas stations. 

“Water-related use” means a use or a portion of a use ancillary to the primary use which is not intrinsically 

dependent on a waterfront location, but whose operation cannot occur economically without a waterfront 

location. Examples of water-related uses may include warehousing of goods transported by water, seafood 

processing plants, hydroelectric generating plants, gravel storage when transported by barge, and log storage, and 

including the administrative activities associated with such uses. 

“Water storage tanks” means tanks or reservoirs used for the storage of water. 

“Water supply plans” means a design sketch showing proposed source and lots to be served or detailed 

engineering plans and specifications in this code. 

“Water use (demand)” means the amount of water used for domestic or agricultural purposes. Average domestic 

use for San Juan County is 100 to 300 gallons per day per household. (See “equivalent residential unit.”) 

“WDFW” means Washington Department of Fish and Wildlife. 

“WDOE” means the Washington Department of Ecology. (See “Ecology.”) 

“Well” means any water source approved by the County sanitarian and Washington Department of Social and 

Health Services, including but not limited to, wells, ponds, roof collection systems, treated systems, and public 

water supplies. (See “individual water system.”) 

“Well testing” means acquiring data directly from a constructed well in order to determine characteristics of the 

well, the water found in the well, or the geologic formations through which the well has passed. The well test 

may include pump testing, water quality testing, or geophysical testing. 

“West Side Prairie” means areas consisting of relatively undisturbed, uncultivated meadows and fallow fields, 

that are mostly treeless, and ideally have a significant presence of native forbs (herbaceous flowering plants such 

as Camas) and grasses (e.g. Danthonia californica and Festuca rubra). West side prairies in San Juan County 

include parts of Mt. Constitution and Turtleback Mountain on Orcas Island, the west side of San Juan Island, 

Iceberg Point on Lopez Island, and Yellow Island. 

“Wetland” means an area that is inundated or saturated by surface water or ground water at a frequency and 

duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation 

typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and 

similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, 

including but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, 

wastewater treatment facilities, farm ponds, and landscape amenities. 

“Wetland alteration” means any human-induced action which impacts the existing condition of a wetland or its 

buffer. Alterations include but are not limited to: grading; filling; dredging; draining; channelizing; installing 

drainage tiles; cutting, pruning, limbing or topping, clearing, relocating, planting or removing vegetation; 

applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants excepting 

stormwater; grazing domestic animals; paving, construction, application of gravel; modifying for surface water 

management purposes; or any other human activity that impacts the existing vegetation, hydrology, wildlife or 

wildlife habitat. Alteration does not include walking, passive recreation, fishing, or other similar activities. 

“Wetland buffer” means the area immediately adjoining and contiguous with a wetland. 

“Wetland compensation projects” means projects specifically designed to replace a loss of a wetland or its buffer 

induced by a development action. (See “wetlands compensatory mitigation.”) 

“Wetland compensatory mitigation” means the action of replacing project-induced losses or impacts on a wetland 

and its buffer. (See “off-site compensation”, “on-site compensation”, “wetland, in-kind compensation” and “outof-kind 

compensation, wetland.”) 

“Wetland creation” means the action performed to intentionally establish a wetland or a portion of a wetland 

where one did not formerly exist. 

“Wetland delineation” means the technical process of determining the edge of the wetland in the field. 


Page 27 of 56 


“Wetland edge” means the boundary of a wetland as identified using the required wetland delineation procedure. 

“Wetland, emergent” means a regulated wetland, or portion thereof, with at least 30 percent of the surface area 

covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata. 

“Wetland enhancement” means alteration of an existing wetland or habitat to improve or increase its 

characteristics and processes without degrading other existing functions. Enhancements are to be distinguished 

from wetland or habitat creation or restoration projects. 

“Wetland, forested” means a regulated wetland, or portion thereof, with at least 20 percent of the surface area 

covered by woody vegetation greater than 20 feet in height. 

“Wetland functions and values” means the beneficial roles performed by wetlands include, but are not limited to, 

water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, 

conveyance and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; historical 

and archaeological and aesthetic value; and recreation. 

“Wetland, in-kind compensation” means the replacement of a wetland with a substitute wetland whose 

characteristics closely approximate those destroyed or degraded by a regulated activity. (See “off-site 

compensation,” “on-site compensation,” “wetland, compensatory mitigation” and “out-of-kind compensation, 

wetland.”) 

“Wetland, isolated” means those regulated wetlands which: 

1. Are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; 

2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water; 

and 

3. Have no surface water connection to a lake, river, or stream during any part of the year. 

“Wetland, maintenance and repair” means activities that change the size or scope of a use or structure beyond its 

original nature; or which drain, dredge, fill, flood, or otherwise alter additional regulated environmentally 

sensitive areas. 

“Wetland, regulated” means a wetland that meets the criteria of SJCC 18.30.150(B) and Table 3.3 in SJCC 

18.30.150. However, a wetland that does not meet the criteria in Table 3.3 may still be regulated under the 

federal Clean Water Act. 

“Wetland restoration” means the actions performed to reestablish a wetland in an area which was historically 

wetland but which does not now provide or contain the necessary functional characteristics. 

“Wildlife (wildlife species)” includes both plant and animal species for the purposes of this code. 

“Wireless tower” means a structure built for the sole or primary purpose of supporting Antennas licensed or 

authorized by the FCC (including the on-site fencing, equipment, switches, wiring, cabling, power sources, 

shelters, or cabinets associated with such structure but not installed as part of an Antenna.) Utility poles and 

joint-use wireless facilities are not “wireless towers” nor are light standards, steeples, buildings, windmills, 

flagpoles, or water tanks. 

SECTION 10. SJCC Section 18.30.160, Ord. 12-2001 § 4, and Ord. 2-1998, Exh. B § 3.6.8 are each 

amended to read as follows: 

18.30.160 Fish and Wildlife Habitat Conservation Areas (FWHCAs). 

A. Applicability. Unless exempted or otherwise allowed under SJCC 18.30.110, the provisions of this section 

apply to uses and activities in or within 200 feet of fish and wildlife habitat conservation areas as defined in 

SJCC Title 18 (the Unified Development this cCode). Many of these areas are depicted on maps, however, these 

maps are only a guide and in all cases conditions in the field shall control. 

In some cases, fish and wildlife habitat conservation areas may overlap geologically hazardous areas, frequently 

flooded areas, or wetlands regulated under SJCC 18.30.120, 18.30.130, and 18.30.150, or shorelines regulated 

under SJCC chapter 18.50. If there are conflicts, unless directed otherwise in this section, the most restrictive 

requirement applies. 

Comment [SH2]: Need to add additional review 

area for peregrine falcons and golden eagles 

consistent with Table 3.12 (1/4- 1/2 mile for falcons 

and 1,000 feet for eagles) 

For areas within shoreline jurisdiction, these requirements apply in addition to the standards of SJCC Chapter 


Page 28 of 56 


18.50, until they are replaced with an approved comprehensive update of the Shoreline Master Program. With 

the exception of SJCC 18.50.330.B.19 (pertaining to existing platted setbacks), in case of conflict the more 

restrictive requirement applies. (Also see subsection (A) of this section on applicability, and the applicability 

provisions and exemptions that apply to all critical areas, found in SJCC 18.30.110). 

Notwithstanding any provision in this code to the contrary, any use or structure legally located within shorelines 

of the state that was established or vested on or before the effective date of the County’s development regulations 

to protect critical areas, shall be regulated consistent with RCW 36.70A.480(3)(c). Such uses or structures may 

continue as a conforming use and many be redeveloped or modified if the redevelopment or modification is 

consistent with SJCC Chapter 18.50 and either: (1) the proposed redevelopment or modification will result in no 

net loss of shoreline ecological functions; or (2) the redevelopment or modification is consistent with SJCC 

18.30.110 – 160. If the applicant chooses to pursue option (1), the application materials must include information 

sufficient to demonstrate no net loss of shoreline ecological functions. For purposes of this subsection, an 

agricultural activity that does not expand the area being used for the agricultural activity is not a redevelopment 

or modification. For purposes of this paragraph “agricultural activity” has the same meaning as defined in RCW 

90.58.065. 

In addition to County regulations, in some cases activities in fish and wildlife habitat conservation areas may be 

regulated by State and Federal agencies including the WA Department of Ecology, WA Department of Fish and 

Wildlife, WA Department of Natural Resources, and the U.S. Army Corps of Engineers. Compliance with 

County regulations does not relieve the property owner of the responsibility to comply with state and federal 

requirements. 

A. Classification. 

1. Upland Category I. Priority habitat areas as listed below: 

a. Areas having a primary association with bald eagles, which are protected under the Washington State 

Bald Eagle Protection Rules (WAC 232–12–292), as well as the federal Bald Eagle Protection Act 

and Endangered Species Act. 

2. Upland Category II. Priority habitat areas as listed below, except those included in Upland Category I. 

a. Habitat areas associated with rare plants and priority species as identified by the Washington 

Department of Natural Resources, Natural Heritage Program. 

3. Upland Category III. Important habitat areas which are not based on use by a specific species. These 

areas are protected by their conservation ownership or management status and are not subject to the 

protection standards within this section: 

a. Areas listed as national wildlife refuges, national parks, national estuary reserves, natural area 

preserves, or any preserve or reserve designated under WAC 332–30–151; 

b. State natural area preserves, or natural resource conservation areas identified by state law and 

managed by the Department of Natural Resources; and 

c. Areas with recognized wildlife habitat value owned by The Trust For Public Lands, The Nature 

Conservancy, The San Juan Preservation Trust, the Bureau of Land Management, or the San Juan 

County land bank. 

4. Freshwater Habitat Areas. These areas include the following: 

a. Streams and riparian areas classified as Type 2 through 5 Waters of the State and any associated 

riparian areas within 50 feet of a Type 2 stream or 25 feet of a Type 3, 4, or 5 stream. (Stream types 

are as identified by the Department of Natural Resources; cf. Chapter 222–30 WAC); and 

b. Lakes and ponds 20 acres or larger, which are also subject to Chapter 18.50 SJCC. (Wetlands and 

ponds smaller than 20 acres are regulated in SJCC 18.30.110(D) and 18.30.150(E)(6). 

5. Marine Habitat Areas. These areas include the following: 

a. All kelp and eelgrass beds; 

b. Priority shellfish areas as follows: 

i. All public and private tidelands or bedlands which are approved or conditionally approved by the 

Washington Department of Health for shellfish harvest; 


Page 29 of 56 


ii. Any shellfish protection districts created under Chapter 90.72 RCW; and 

iii. Areas with all of the following attributes: broad intertidal areas, bays with geographically 

restricted wave action and circulation, poor or limited flushing, warmer water temperatures, 

seasonally reduced salinities, and increased potential for algae bloom; and 

c. All identified smelt spawning areas. 

B. Types of Fish and Wildlife Habitat Conservation Areas (FWHCAs). 

Following are the types of fish and wildlife habitat conservation areas protected by these regulations. Fish and 

wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery 

systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are 

maintained by a port district or an irrigation district or company. 

1. Areas with which endangered, threatened and sensitive species have a primary association. 

a. State and/or federally listed animal species as of the adoption date of this ordinance are identified 

below. There are many other species that are candidates for listing, and when they are formally listed 

by either the State or Federal government, San Juan County shall protect their habitat in accordance 

with this chapter and the recommendations of the Washington Dept. of Fish and Wildlife and other 

sources of Best Available Science. In addition, species that are candidates for listing may be 

designated and protected as species of local importance. State listed species are found in WAC 232- 

12-011 and 014, and federally listed species are found on the WA Department of Fish and Wildlife 

Priority Habitats and Species list. 

Birds 

Brown pelican 

Common loon 

Marbled murrelet 

Peregrine falcon 

Insects 

Taylor’s Checker-spot butterfly 

Marine Mammals 

Southern resident orca 

Steller sea lion 

Humpback whale 

Gray whale 

Sea otter 

Fish 

Salmon 

Chinook 

Chum 

Coho 

Pink 

Sockeye 

Steelhead 

Rockfish 

Boccocio 

Canary 

Yelloweye 

Note: The bald eagle has been delisted but continues to be protected under other statutes. 

b. Plants Listed as Endangered, Threatened or Sensitive. 


Adder's-tongue (Ophioglossum 

pusillum) 

Arctic Aster (Eurybia merita) 

Blunt-leaved 

Pondweed 

(Potamogeton obtusifolius) 

California Buttercup (Ranunculus 

californicus) 

Coast Microseris (Microseris 

bigelovii) 

Erect Pygmy-weed (Crassula connata) 

Few-flowered Sedge (Carex 

pauciflora 

Golden Paintbrush (Castilleja 

levisecta 

Page 30 of 56 


Lesser Bladderwort (Utricularia minor) 

Nuttall's Quillwort (Isoetes nuttallii) 

Slender Crazy Weed (Oxytropis 

campestris var. gracilis) 

Rosy Owl-clover (Orthocarpus 

bracteosus) 

Rush Aster (Symphyotrichum boreale) 

Sharpfruited Peppergrass (Lepidium 

oxycarpum 

Twayblade (Liparis loeselii) 

Water Lobelia (Lobelia dortmanna) 

White Meconella (Meconella oregana) 

White-top Aster (Sericocarpus rigidus) 

2. Shellfish areas; 

3. Kelp and eelgrass beds; 

4. Herring, smelt, sand lance and other forage fish spawning areas; 

5. Naturally occurring ponds under twenty acres and their submerged aquatic beds that provide fish or 

wildlife habitat; 

6. The following waters of the State: lakes , marine waters, and streams; 

7. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and 

8. State natural area preserves, natural resource conservation areas and state wildlife areas. 

9. Habitats of Local Importance. 

a. Critical salt water habitats. These habitats include all kelp beds; eelgrass beds; spawning and holding 

areas for forage fish, such as herring, smelt and sandlance; subsistence, commercial and recreational 

shellfish beds; mudflats; intertidal habitats with vascular plants; and areas with which priority 

species have a primary association. 

b. West Side Prairie. 

c. Herbaceous Balds and Bluffs. 

d. Garry oak (Quercus garryana) woodlands and savannas. 

e. Pocket beaches. 

f. Bluff backed beaches. 

10. Species of local importance. 

a. Black Oystercatcher. 

b. Golden Eagle. 

c. Great Blue Heron. 

d. Island Marble Butterfly. 

e. Pigeon Guillemot. 

f. Townsends big eared bat. 

g. Flying squirrel 

h. Sharp-tailed snake. 

i. Western toad., 

j. Taylor’s checkerspot butterfly. 

k. Great arctic butterfly. 

l. Valley silverspot butterfly. 

m. Sand verbena moth. 

n. Areas with roosting concentrations of bats (all species). 

o. Active nests of any of the following birds: golden eagle, northern harrier, merlin, northern goshawk, 

black oystercatcher, Wilson’s snipe, short-eared owl, long-eared owl, northern pygmy-owl, sooty 

grouse, common nighthawk, American dipper, western bluebird, chipping sparrow, vesper sparrow, 


horned lark, western meadowlark, fox sparrow, golden-crowned sparrow. 

p. Brittle prickly pear cactus (Opuntia fragilis). 

q. Alaska alkaligrass (Puccinellia nutkaensis) 

Page 31 of 56 


B. Protection Standards. 

1. General Habitat Protection Standards. The following performance standards shall be met for 

development permits or approvals located inside of or within 300 feet of a habitat classified in this 

section, except for Upland Category III: 

a. The proposal must mitigate to the maximum extent feasible any significant adverse impacts to 

habitat functions and values and to habitat buffers. Mitigation actions by an applicant or property 

owner shall occur in the following preferred sequence, unless the applicant demonstrates that an 

overriding public benefit would warrant an exception: 

i. Avoiding the impact by not taking a certain action or parts of actions on that portion of the site 

which contains the habitat area or its buffer; 

ii. Minimizing impacts by limiting the degree or magnitude of the action and its implementation; 

iii. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 

iv. Reducing or eliminating the impact over time by preservation and maintenance operations during 

the life of the action; or 

v. Compensating for the impact by replacing or providing substitute resources or environments. 

This may require preparation of a habitat management plan in accordance with subsection (D) of 

this section. 

b. Where impacts cannot be avoided, the applicant must seek to implement other appropriate mitigation 

actions in compliance with the intent, standards, and criteria of this section. In an individual case, 

these actions may include consideration of alternative site plans and layouts and reductions in the 

density or scope of the proposal. 

c. Temporary and permanent erosion and sedimentation controls must be provided to prevent the 

introduction of sediments or pollutants to water bodies or water courses within the habitat area. 

d. Clearing and grading must be limited to that necessary for establishment of the use or development 

and must be conducted so as to avoid significant adverse impacts and to minimize the alteration of 

the volume, rate, or temperature of freshwater flows to or within the habitat area and any buffer 

specified in this section. 

e. The proposal will not introduce hazardous substances to the habitat areas that would have significant 

adverse impacts on that area, including but not limited to fertilizers, herbicides, pesticides, fuel and 

waste oil, and human or livestock fecal matter. 

f. Stream flows must be protected from changes to the normal flow, temperature, turbidity, and 

discharge to the maximum extent practicable. 

2. Habitat-Specific Standards. The following performance standards apply within specific habitat areas. 

Exceptions to these standards may be allowed if a special report, prepared by a qualified wildlife 

biologist, habitat management consultant, botanist, or marine biologist demonstrates that such exception 

would not have a significant adverse impact on the habitat area. 

a. Freshwater Habitats: Septic drainfields and a 100 percent repair area must be at least 100 feet from 

the edge of the habitat area. 

b. Marine Habitats: 

i. Septic drainfields and a 100 percent repair area must be at least 100 feet from the edge of the 

habitat area. 

ii. Uses and developments in or over water must minimize changes to natural water circulation and 

must be designed and operated in a manner that minimizes the introduction of contaminants and 

debris. 

iii. Uses and developments must minimize disruption of the substrate, and the location and design of 

structures and activities must minimize obstruction of light in the habitat area. 

c. Upland Habitats: 

i. Category I habitats must be protected pursuant to the Washington State Bald Eagle Protection 


Page 32 of 56 


Rules (WAC 232–12–292). A cooperative site management plan will be developed whenever 

activities that alter habitat are proposed near a verified nest territory or communal roost. 

ii. Category II habitats will be protected in accordance with the County’s determination of 

appropriate conditions considering the site-specific recommendations of the Washington 

Department of Fish and Wildlife, Nongame Division, and the Washington Department of Natural 

Resources, Natural Heritage Program, and site-specific information supplied by the applicant 

and conservation organizations. Possible conditions may include, but are not limited to, the 

following: 

A. Establishment of buffer zones; 

B. Preservation of critically important vegetation; 

C. Limitation of access to the habitat area; and 

D. Seasonal restriction of construction activities. 

iii. Proposals located within 1,300 feet of an Upland Category II habitat will be reviewed by the 

County for potential habitat impacts, considering the recommendations of the Washington 

Department of Fish and Wildlife, the Washington Department of Natural Resources, Natural 

Heritage Program, and site-specific information supplied by the applicant and conservation 

organizations. 

iv. If it is likely that a proposed project will have a significant adverse effect on a Category II 

habitat, the applicant shall complete a habitat management plan pursuant to subsection (D) of 

this section. 

C. Maps. Maps of FWHCAs, including those created and maintained by State and Federal agencies, are 

available from San Juan County. These maps show lakes, the location and type of most streams, and the 

approximate location of some protected species and habitats. These maps are however only a guide to the 

possible location of these critical areas, and conditions in the field control. Maps showing habitats and 

species that have been positively identified, including Type F streams, shall however be presumed to be 

correct until proven otherwise by a qualified professional. 

C. Nomination of Species of Local Concern. 

1. Nomination. In order to nominate a species as a species of local concern, an interested individual or 

organization must: 

a. Demonstrate that the species merits special consideration by documenting its: 

i. Declining population status; 

ii. Sensitivity to habitat manipulation; or 

iii. Commercial or other special value; 

b. Propose management strategies for the species which would be both effective and within the scope 

of this code; and 

c. Accurately illustrate the habitat location(s) of the species on the map (scale 1:24,000). 

2. Proposals. Nomination proposals for species of local concern shall be submitted to the administration 

for review of completeness and scope. Complete proposals which are within the scope of this code will 

be submitted for approval to the Washington Department of Fish and Wildlife, Washington Department 

of Natural Resources (Natural Heritage Program), and other local or state agencies’ experts, for 

comments and recommendations regarding the accuracy of the data and effectiveness of the proposed 

management strategies. 

3. Public Hearing. A public hearing before the board of County commissioners will be held on those 

proposals which are found to be complete, within the scope of this code, and effective to protect the 

species. If a proposal is approved by the board of County commissioners, the species will be added to the 

list of species of local concern and will be protected according to the approved management strategies 

adopted by amendment of this code. 


D. General Protection Standards for all FWHCAs. 

Page 33 of 56 


1. For areas within shoreline jurisdiction, these requirements apply in addition to the standards of SJCC 

Chapter 18.50, until they are replaced with an approved comprehensive update of the Shoreline Master 

Program. With the exception of SJCC 18.50.330.B.19 (pertaining to existing platted setbacks), in case of 

conflict the more restrictive requirement applies. (Also see subsection (A) of this section on applicability, 

and the applicability provisions and exemptions that apply to all critical areas, found in SJCC 18.30.110). 

2. Lighting. Exterior lighting fixtures must be shielded and the light must be directed downward and away 

from streams, lakes, ponds designated as FWHCAs, the marine shoreline, and habitat of specific animals 

protected under this section. 

32. Final Inspections and Financial Guarantees. Unless exempt under SJCC 18.30.110, all development 

activities, vegetation removal and other site modification requiring a project permit or a development 

permit, must have Aa final inspection is required to verify compliance with approved plans and the 

requirements of this section. The property owner shall notify the Department when the work construction 

is complete and ready for inspection. For permitted projects that are not complete at the time that any 

associated building construction is completed, or for those that do not occur in conjunction with a 

permitted structure, the Director may require a financial guarantee and associated agreement in 

conformance with SJCC chapter 18.80. 

D. Habitat Management Plans. 

1. Any habitat management plan required shall identify how the impacts of the proposed use or 

development will be mitigated. 

2. The habitat management plan must contain the following information at a minimum: 

a. Map(s) prepared at a scale no smaller than one inch = 200 feet showing: 

i. The location of the proposed development site; 

ii. The relationship of the site to surrounding topographic and cultural features; 

iii. The nature and density of the proposed development or land use change; 

iv. Proposed building locations and arrangements; 

v. A legend which includes: 

A. A complete and accurate legal description and the total acreage of the parcel; 

B. Title, scale and north arrow; 

C. Date, including revision dates if applicable; and 

D. Certificates, by a professional biologist as appropriate. 

vi. Existing structures and landscape features, including the name and location of all water courses, 

ponds, and other bodies of water. 

b. A report which contains: 

i. A description of the nature, density, and intensity of the proposed development in sufficient 

detail to allow analysis of the impact of such land use change on the habitat; 

ii. An analysis of the effect of the proposed development, activity, or land use change on the 

classified habitat; 

iii. A plan for the mitigation of any adverse impacts to wildlife habitats classified in this section 

posed by the project; and 

iv. An evaluation by the Washington Department of Fish and Wildlife, the Washington Department 

of Natural Resources, Natural Heritage Program, or a qualified wildlife expert regarding the 

effectiveness of any proposed mitigating measures or programs, including recommendations as 

appropriate. 

3. Possible mitigation measures may include the following: 

a. Establishment of buffer zones; 

b. Preservation of critically important vegetation; 

c. Limitation of access to the habitat area; 


Page 34 of 56 


d. Seasonal restriction of construction activities; and 

e. Establishment of a timetable for periodic review of the plan and performance or maintenance 

bonding in accordance with Appendix C*. 

4. This plan will be prepared by a wildlife biologist, habitat management consultant, marine biologist, or 

botanist, with a combination of relevant education and experience sufficient to perform the tasks 

described above. 

E. Protection Standards for Aquatic Fish and Wildlife Habitat Conservation Areas (FWHCAs) Including 

Lakes, Ponds designated as FWHCAs, Streams, and Marine Waters. Protecting the functions and values 

of FWHCAs means ensuring no net loss of those functions and values. Aquatic FWHCAs are those that 

contain or are inundated with water at some time during a normal year, and vegetative buffers and tree 

protection zoneTree Protection Zones are effective tools for protecting these areas and associated species of 

fish and wildlife. This subsection establishes protection standards for streams, lakes, ponds, and marine 

waters, including a procedure for sizing buffers and tree protection zoneTree Protection Zones, along with 

standards for activities in aquatic FWHCAs and their buffers and tree protection zoneTree Protection Zones. 

1. Buffer and Tree Protection Zone Sizing Procedure. This subsection provides a procedure for 

determining the width of vegetative buffers and tree protection zoneTree Protection Zones necessary to 

protect the habitat functions of lakes, ponds, streams and marine critical areas. Three separate 

components are considered: a water quality-sensitivity buffer that which applies in all cases, a tree 

protection zoneTree Protection Zone thatwhich applies to areas with trees, and a coastal geologic buffer 

thatwhich applies to areas subject to wind and wave erosion. The procedure includes a site specific 

option for the water quality-sensitivity buffer and tree protection zoneTree Protection Zone components. 

When determining the width of the buffer and tree protection zoneTree Protection Zone, the widest of 

the three components applies. For properties with characteristics that vary, (e.g. a portion of the parcel 

has trees or a geologically hazardous area, and other areas of the parcel do not), the width of the required 

buffer and tree protection zoneTree Protection Zone may vary, resulting in a buffer and tree protection 

zoneTree Protection Zone that is larger in some areas and smaller in others. (Note: SJCC 18.50.330 also 

contains setback standards for lakes, ponds, and marine shorelines. In case of conflict between SJCC 

18.50.330 and this subsection, the greatest setback/ buffer applies). 

The procedure for sizing buffers and tree protection zoneTree Protection Zones is illustrated in the 

following flow chart and step by step assessment process. 


Page 35 of 56 


Figure 3.2 

Procedure for Determining Buffers for Aquatic Fish and Wildlife Habitat Conservation Areas 

Is the proposed development, removal of vegetation or other modification located in a stream, lake, 

pond designated as a FWHCA, or marine water Is it located within 200 feet of the bank full width of a 

stream as defined in WAC 222-16-010 Is it located within 200 feet of the ordinary high water mark 

(OHWM) of a lake or pond designated as a FWHCA Is it located within 200 feet of the OHWM of a 

marine shoreline 

If the response to any of the above questions is yes, 

determine whether a coastal geologic buffer is 

necessary. If proposed development involves building a 

structure within 200 feet of the OHWM of an erodible 

marine shoreline (any shoreline thatwhich is not 

bedrock), determine whether the site is a geologically 

hazardous area, or whether it may provide sediment to 

an area with eelgrass, shellfish, spawning or holding 

areas for forage fish, mudflats, or intertidal habitats with 

vascular plants. If the answer to either question is yes, 

qualified professional prepares geotechnical report and 

determines appropriate coastal geologic buffer to allow 

for natural erosive processes for life of the structure (75 

years). In all cases (yes or no response) continue with 

the buffer/ tree protection zoneTree Protection Zone 

sizing procedure. 

If the response to all of the above 

questions is no, no further action is 

necessary for compliance with 

FWHCA protection requirements for 

streams, lakes, ponds, and marine 

waters. Proceed to evaluate compliance 

with protection requirements for other 

types of FWHCAs. 

Determine the width of the water quality-sensitivity 

buffer using the procedures in SJCC 18.30.150 

(Wetlands) and Table 3.6 for 70% pollutant removal and 

either the normal development or green development 

option. 

For areas with trees (defined as woody vegetation 

exceeding a height of 20 feet), determine the width of 

the tree protection zoneTree Protection Zone. 

Compare the size of the water quality-sensitivity buffer 

to any applicable tree protection zoneTree Protection 

Zones and coastal geologic buffers. The required area 

that must be protected is the greater of the three 

components. 

Adjustments. Existing structures and impervious areas 

are excluded from the buffer and tree protection 

zoneTree Protection Zone. If desired, tree protection 

zoneTree Protection Zone may be averaged. 


Site-Specific Procedure for Sizing Buffers and Tree Protection Zones 

Page 36 of 56 


Step 1. Location relative to streams, lakes, pond designated as FWHCAs, and marine waters. Is the 

proposed development, removal of vegetation or other modification located in a stream, lake, pond 

designated as a FWHCA, or marine water Is it located within 200 feet of the bank full width of a stream 

as defined in WAC 222-16-010 Is it located within 200 feet of the ordinary high water mark (OHWM) of 

a lake or pond Is it located within 200 feet of the OHWM of a marine shoreline If the answer to any of 

these questions is yes, continue to the next question. If the answer to all of these questions is no, no further 

action is necessary for compliance with FWHCA protection requirements for streams, lakes, ponds, and 

marine waters; proceed to evaluate compliance with protection requirements for other types of FWHCAs. 

Step 2. Determine if coastal geologic buffer is necessary. If proposed development involves building a 

structure within 200 feet of the OHWM of an erodible marine shoreline (any shoreline that is not 

bedrock), determine if the site is a geologically hazardous area (see SJCC 18.30.120), or if it may provide 

sediment to an area with eelgrass, shellfish, spawning or holding areas for forage fish, mudflats, or 

intertidal habitats with vascular plants. If yes, a qualified professional must prepare a geotechnical report in 

accordance with SJCC 18.30.120, determine erosion causes and rates, and determine appropriate buffers 

and other measures to allow for natural erosive processes for life of the structure (75 years). If collection 

and direct discharge of stormwater is recommended, the stormwater, including runoff from the roof, must 

first be treated to remove contaminants. 

Step 3. Determine the width of the water quality-sensitivity buffer using the procedures in SJCC 

18.30.150 (Wetlands) and Table 3.6 for 70% pollutant removal and either the normal development 

or the green development option). The water quality-sensitivity buffer extends landward horizontally 

from the bank full width of streams (as defined in WAC 222-16-010), and the OHWM for lakes, ponds, 

and marine shorelines. 

Step 4. For areas with trees including individual trees (defined as woody vegetation exceeding a height 

of 20 feet), determine the width of the tree protection zoneTree Protection Zone from Table 3.9. The tree 

protection zoneTree Protection Zone extends landward horizontally from the bank full width of streams 

and the OHWM for lakes, ponds, and marine shorelines that are designated as FWHCAs, and marine 

shorelines, and includes the area within the drip line of all trees. 

Table 3.9 

Tree Protection Zone 

Type of Water Body 1 

Type F (or Type 2 or 3) streams, lakes, ponds designated 

as FWHCAs, and marine waters 

Type Np ( or Type 4) streams 

Type Ns (or Type 5) streams 

Tree Protection 

Zone 

110 feet 2 

50 feet 

30 feet 

Type Ns (or Type 5) streams flowing less than 6 months 

per year 

Stream banks 

must be vegetated. 

1 

Stream types under both the new and old classification systems shown (see WAC 222-16-030 and 031). 

2 Within urban growth areas this may be reduced to 50 feet if adverse impacts are identified and mitigated in 

accordance with SJCC 18.30.110. 

Comment [SH3]: Based on comments received 

consider eliminating this - so type Ns streams would 

have a 30 foot buffer that includes protection of trees 

and shrubs. Protecting 30 feet of trees and shrubs on 

either side of these small streams would help ensure 

continued inputs of leaves and needles that help 

support the food web in the stream, and in wetlands 

and nearshore areas that receive discharge from the 

stream. 


Page 37 of 56 


Step 5. Averaging of Tree Protection Zone. Averaging of the tree protection zoneTree Protection Zone 

allows reduction of the zone in specified locations on the property proposed for development, vegetation 

removal or other modification, in conjunction with increases of the zone in other areas, so that the total 

area of the zone is unchanged. Averaging of the required tree protection zoneTree Protection Zone will 

be allowed only if the applicant demonstrates that all of the following criteria are met: 

a. Averaging is necessary to accomplish the purposes of the proposal, and no reasonable alternative 

is available; 

b. Averaging width will not adversely affect the functions and values of the FWHCA; 

c. The total area contained within the tree protection zoneTree Protection Zone after averaging is no 

less than that contained within the standard zone prior to averaging; 

d. Only area within 200 feet of the OHWM or bank full width will be counted toward the required 

area of the tree protection zoneTree Protection Zone; and 

e. In no instance shall the tree protection zoneTree Protection Zone be reduced to less than the water 

quality- sensitivity buffer or 70 feet, whichever is greater; 

Step 6. Determine the greater of the three components. Compare the size of the tree protection 

zoneTree Protection Zone, water quality-sensitivity buffer, and if required, the coastal geologic buffer. 

The area that must be protected is the greater of the three components. (Note: For larger parcels, the area 

that must be protected may be larger in one area than in others. For example, if a portion of the lot has 

trees and a portion does not, the tree protection zoneTree Protection Zone only applies to the area with 

trees). Also see SJCC 18.50.330. 

Step 7. Buffers, Tree Protection Zones, and Existing Development. Where structures or impervious 

surfacesareas, legally established prior to the effective date of these regulations, encroach into a required 

buffer or tree protection zoneTree Protection Zone, the buffer or zone shall be modified to exclude the 

footprint of those structures and impervious areas. Buffers and tree protection zoneTree Protection Zones 

shall not extend across public roads. For private roads, buffers and tree protection zoneTree Protection 

Zones shall not extend across the road when the road design, flow of runoff, quantity of traffic, and/or 

gap in tree canopy result in an area that does not support functions and values of the FWHCA to be 

protected, as determined by a qualified professional. Structures, roads and impervious areas may be 

modified, replaced, relocated, or expanded within the development area existing on the effective date of 

these regulations, in conformance with the procedures and requirements of SJCC 18.30.110.G. 

2. Structures, Uses and Activities Allowed and Prohibited in Streams, Marine Waters, Lakes, and 

Ponds Designated as FWHCAs, and their Buffers and Tree Protection Zones. 

In order to protect their functions and values, development activities, removal of vegetation and other 

modifications are limited or prohibited within aquatic FWHCAs and their buffers and tree protection 

zoneTree Protection Zones. 

Tree protection zones are divided into two sections: Zone 1 consists of the first 35 feet adjacent to the 

water, beginning at the OHWM, or for streams, the bank full width. Zone 2 is the remainder of the tree 

protection zoneTree Protection Zone. Within Zone 1 all trees must be retained. Within Zone 2 

construction of one primary structure, and/or limited tree removal to allow for a filtered view from the 

primary structure is allowed in conformance with all of the following: 

a. The structure, impervious areas, and areas where soils will be compacted or where the organic soil 

horizon will be removed, are located landward of the water quality- sensitivity buffer; 

b. Appropriate BMPs are used to minimize erosion, sedimentation, and soil disturbance; 

c. No more than 40% of the volume of trees over 6 inches dbh are removed in any 10 year period; 

d. Stocking levels for trees ≥ six inches dbh will be at least the following: 

i. Softwood stands (>66% softwood volume): 80. basal area per acre (approximately equivalent to 

Comment [SH4]: Consider removing the 

allowance for a structure in Zone 2 of the Tree 

Protection Zone because it is not well supported by 

the BAS. 


Page 38 of 56 


21% canopy cover); 

ii. Mixed wood stands (34%-66% softwood volume): 70 s.f. basal area per acre; and 

iii. Hardwood stands (

additional adverse impacts to FWHCA functions and values. Agricultural structures are 

subject to the same provisions as other structures. (Note: See definition of “garden” in SJCC 

18.20.070.) 

Page 39 of 56 


f. Aquacultural activities including seasonal and recurrent activities, existing or in 

development during the year prior to the effective date of these regulations, provided they 

do not result in additional adverse impacts to the functions and values of aquatic FWHCAs. 

This can include changing the type of aquaculture, management practices, and products 

within the existing geographic area already in use, as long as the change does not result in 

additional adverse impacts to FWHCA functions and values. Aquacultural structures are 

subject to the same provisions as other structures. Aquacultural activities are also subject to 

the requirements of SJCC Chapter 18.50. 

g. With the exception of the construction of agricultural structures, new and expanding 

agricultural activities thatwhich are consistent with appropriate best management practices 

(BMPs) that will ensure no net loss of the functions and values of aquatic FWHCAs. The 

BMPs must be described in a farm management plan or other comprehensive agricultural 

management document prepared or approved by WSU Cooperative Extension Service or the 

San Juan County Conservation District. New and expanding agricultural activities must not 

result in additional adverse impacts to FWHCA functions and values. Agricultural structures 

are subject to the same provisions as other structures. (Note: See definition of “garden” in 

SJCC 18.20.070.) 

h. New and expanding aquacultural activities thatwhich are consistent with appropriate best 

management practices (BMPs) approved by the Dept. of Ecology. The BMPs must be 

described in a management plan. New and expanding aquacultural activities must not result 

in additional adverse impacts to FWHCA functions and values. New aquacultural structures 

are subject to the same provisions as other structures. Aquacultural activities are also subject 

to the requirements of SJCC Chapter 18.50. 

i. Non-compensatory Enhancement. Restoration or enhancement activities not required as 

project mitigation, provided the activity is approved by the U.S. Fish and Wildlife Service, 

the Washington State Department of Ecology, Washington State Department Fish and 

Wildlife, or other responsible local, state, federal, or tribal jurisdiction.0 

j. Within the buffers of aquatic FWHCAs, the establishment and expansion of orchards and 

gardens, cultivated and managed with appropriate BMPs, and without the use of synthetic 

chemicals, provided that: 

i. They will occupy no more than 4,000 square feet of the buffer; 

ii. They are installed within the outer 25% of the buffer; 

iii. Other than fences, no structures or impervious surfaces are constructed or created, 

and fences will not impeded the flow of water or prevent wildlife access to streams, 

ponds, lakes or shorelines designated as FWHCAs; 

iv. A buffer of at least 30 feet is retained. 

v. Trees within tree protection zoneTree Protection Zones are protected in accordance 

with this section. 

k. The construction of trails, stairs, or raised walkways, provided that the improvement: 

i. Is designed to direct sheet flow runoff into adjacent vegetation; 

ii. Does not exceed five feet in width; 

iii. Is constructed of non-toxic materials; 

iv. Does not include the placement of fill; 

YES 

NO 

YES 

YES 

NO 

YES 

YES 

YES 

YES 

YES 

YES 

YES 


v. The improvement is consistent with the applicable requirements of subsection E.5 of 

this section; and 

vi. For areas within shoreline jurisdiction, the improvement is consistent with the 

requirements of SJCC Chapter 18.50 and Subsection E.78 of this section. 

Page 40 of 56 


l. Temporary wildlife watching blinds. YES YES 

m. Drilling and digging of wells, provided they are located within the outer 25% of the 

buffer, that there are no anticipated adverse impacts to adjoining FWHCAs, that measures 

are taken to avoid compaction of soils during drilling and development of the well, and that 

disturbed areas are immediately stabilized. 

o. To allow for a view or for fire hazard reduction, minor trimming and pruning of the 

foliage of trees and shrubs, provided the health of the trees and shrubs is maintained, trees 

are not topped, and all vegetation overhanging streams, ponds, lakes, wetlands, documented 

forage fish spawning beaches, and marine waters is retained. In no case shall more than 

20% of the foliage of a tree or shrub be removed during one 12 month period. 

p. If no practicable alternative exists, components of stormwater management facilities in 

conformance with local and state stormwater management requirements, and within Tree 

Protection Zones, in conformance with the tree protection requirements of this section. 

Residential scale stormwater infiltration facilities, provided they are installed in the outer 

25% of the water quality-sensitivity buffer, are installed without removing trees greater than 

6” dbh, otherwise meet state and local standards, and that a buffer of at least 30 feet is 

retained. 

q. Fences provided they do not impede the flow of water or prevent wildlife access to the 

shoreline. 

NO 

NO 

NO 

NO 

YES 

YES 

YES 

YES 

r. Stream crossings, and roads and trails in buffers and tree protection zoneTree Protection YES YES 

Zones, in conformance with subsection E.5 of this section. 

s. Storage of chemicals. NO NO 

t. Components of on-site sewage disposal systems in conformance with local and State 

requirements, provided: 

i. Appropriate BMPs are used to minimize erosion, sedimentation and soil disturbance; 

ii. For new systems, trees within Tree Protection ZoneTree Protection Zones are retained in 

accordance with this section. 

iii. For replacement of existing, failing systems where there is no other alternative that will 

meet State requirements (including locating the new system in the same place as the old 

system), trees within Tree Protection Zones are retained to the greatest extent possible. 

u. Development, vegetation removal, or other modification allowed pursuant to an 

exemption, a reasonable use exception, a public agency/ utility exception, the optional 

provisions for agency and utility projects, and provisions for non-conforming uses, 

structures and activities outlined in SJCC 18.30.110. 

v. Structures, uses and activities allowed pursuant to an approved variance (see SJCC 18.80 

and subsection E(6) of this section). 

w. Shoreline modifications in conformance with SJCC 18.50 and subsection E(8) of this 

section. 

YES 

YES 

YES 

YES 

YES 

YES 

YES 

YES 


Page 41 of 56 


x. Other uses that will not impair the functions and values of aquatic FWHCAs, considering 

the Best Available Science. 

P/C 1 P/C 1 

Notes: 

1 

“P/C” means Provisional or Conditional Use Permit depending on the level of impacts (see SJCC 18.80.090. 

3. Field Marking of Buffers and Tree Protection Zones. Prior to building permit approval, the location 

of the outer extent of buffers and tree protection zoneTree Protection Zones adjacent to the area that will 

be developed shall be marked in the field, and the Director may require field approval prior to the 

commencement of permitted activities. Markings for buffers and tree protection zoneTree Protection 

Zones shall be maintained throughout the duration of construction activities. 

4. For recorded plats and binding site plans the applicant shall show the boundary of required buffers and 

tree protection zoneTree Protection Zones on the face of the plat or plan. 

5. Stream Crossings, Roads, and Trails in Buffers and Tree Protection Zones. The construction of new 

or expanded roads, driveways, trails and associated culverts and bridges across streams, buffers and tree 

protection zoneTree Protection Zones are allowed in conformance with SJCC 18.60.080 - 100 and the 

following: 

a. New roads and driveways may only be constructed across streams, or through buffers or tree 

protection zoneTree Protection Zones, if there is no practicable alternative. 

b. Bridges, culverts and crossings shall be designed according to the Washington Dept. of Fish and 

Wildlife “Design of Road Culverts for Fish Passage, 2003” , the National Marine Fisheries Service 

“Guidelines for Salmonid Passage at Stream Crossings, 2000”, and “Washington State Fish Passage and 

Habitat Enhancement Restoration Programmatic”, National Marine Fisheries Service Tracking No. 2008- 

03598, and SJCC 18.30.110. 

c. When practicable, new roads, driveways, trails and walkways shall be located on existing road grades, 

utility corridors or previously disturbed areas. 

d. When required, permits and approvals must be obtained from appropriate state and federal agencies, 

including but not limited to: Washington Department of Fish and Wildlife; Washington State Department 

of Ecology; Washington State Department of Natural Resources; U.S. Army Corps of Engineers; U.S. 

Coast Guard; NOAA Fisheries Service; and U.S. Fish and Wildlife Service. 

e. The road, culvert or bridge shall be located and designed for the least adverse impact possible, and 

shall not interfere with fish passage, the movement of water, large woody debris, gravel, or other stream 

processes. Roads must cross aquatic FWHCAs and buffers at, or as close as possible to, a ninety degree 

angle. Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists. 

In streams with salmonid breeding habitat, bridges, bottomless culverts or other alternatives that will 

allow for fish passage are required, and bridge piers or abutments may not be placed within the stream or 

stream banks unless there is no feasible alternative. The length of conventional culverts shall be the 

minimum necessary. 

f. The location and design of the road or driveway crossing must be evaluated by a qualified professional 

to ensure that ecological processes will not be adversely affected. 

g. Construction must occur during work windows and time limits established by the state and federal 

agencies with jurisdiction. 


h. All stream crossings shall be designed to accommodate 100-year projected flood flows. 

i. When practicable, crossings shall serve multiple properties; 

Page 42 of 56 


j. When expanding existing crossings that do not meet these standards, the crossing shall be upgraded as 

necessary to reduce stream impacts and meet the requirements of this subsection. 

k. Roads and driveways must be crowned, in-sloped, out-sloped or otherwise designed to direct runoff 

from the road surface into vegetated areas. 

6. Variances. If the application of buffer and tree protection requirements will a) prevent the primary 

structure from having a view, or b) if the property owner desires a different building site that provide 

equal or better protection of FWHCA functions and values considering the Best Available Science, an 

alternative building site may be approved as a variance pursuant to the provisions of SJCC Chapter 

18.80. Any approved variances shall be contingent upon the identification and mitigation of any adverse 

impacts to the functions and values of the FWHCA in accordance with the standards of SJCC 18.30.110. 

76. Within shoreline jurisdiction, reduced buffers when there are existing houses on adjoining parcels. 

If existing houses on adjoining waterfront lots are closer to the water than what is specified in this 

section, a reduced buffer to allow a 90 degree view, equivalent to the average setback from the OHWM 

to the most seaward face of the adjoining structures plus one-half the distance between the existing 

structures, may be authorized if adverse impacts to marine functions and values are identified and 

mitigated in accordance with the requirements of SJCC 18.30.110. [e.g. If the average setback of the 

adjoining structures is 20 feet from OHWM, and the distance between the structures is 130 feet, the 

buffer could be reduced to 85 feet, which would allow for a 90˚ view of the water (20 ft. + (130 ft./2) = 

85 ft.)]. 

87. Shoreline Modifications. Shoreline modifications including shoreline stabilization measures, consistent 

with SJCC 18.50, are allowed within aquatic FWHCAs and their buffers subject to this section and SJCC 

chapter 18.50.These requirements apply in addition to the standards of SJCC 18.50, and remain in effect 

until they are replaced with an approved comprehensive update of the Shoreline Master Program. Unless 

specifically allowed by this section and SJCC chapter 18.50, construction of new shoreline modifications 

is prohibited. 

a. General Standards. 

Comment [SH5]: See Colin’s recommendations 

for addressing public comments on the following 

sections. 

i. Mitigation Sequencing. Per WAC 173-26-201(2)(e) shoreline modification permits are subject to 

the following mitigation sequence: 

(A) Avoiding the impact altogether by not taking the action or part of the action. 

(B) Minimizing impacts by limiting the degree of magnitude of the action and its implementation 

by taking affirmative steps to avoid or reduce impacts. 

(C) Rectifying the impact by repairing, rehabilitating or restoring affected environment. 

(D) Reducing or eliminating the impact over time by preservation and maintenance operations. 

(E) Compensating for the impact by replacing, enhancing or providing substitute resources or 

environments. 


Page 43 of 56 


(F) Monitoring the impact and compensation projects and taking appropriate corrective 

measures. 

ii. In accordance with WAC 173-26-221(2)(c)(iii) if inventories of critical saltwater habitats 

(defined in WAC 173-26-221) have not been completed, overwater and near shore 

developments in marine waters may not be approved without an inventory of the site and 

adjacent beach sections to assess the presence of these habitats and their functions. The methods 

and extent of the inventory shall be consistent with accepted research methodology, in 

consultation with the Department of Ecology technical assistance materials. 

iii. Public docks and docks serving four or more lots, piers, bulkheads, bridges, fill, floats, jetties, 

utility crossings, lifts, stairs, ramps, and other human-made structures shall not intrude into or 

over critical saltwater habitats unless all of these conditions are satisfied: 

(A) The public's need for such an action or structure is clearly demonstrated and the proposal is 

consistent with protection of the public trust, as embodied in RCW 90.58.020; 

(B) Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is 

not feasible (as defined WAC 173-26-020 (15)), or would result in unreasonable and 

disproportionate cost to accomplish the same general purpose; 

(C) The project, including any required mitigation, will result in no net loss of ecological 

functions associated with critical saltwater habitat; and 

(D) The project is consistent with the State's interest in resource protection and species recovery. 

iv. Private, noncommercial docks for individual residential use, or for community use by the owners 

of no more than three adjacent or nearby parcels, may be authorized provided that: 

(A) Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is 

not feasible; and 

(B) The project, including any required mitigation, will result in no net loss of ecological 

functions associated with critical saltwater habitat. 

v. When feasible, public access and ecological restoration shall be incorporated into publicly 

financed projects (see public access provisions of WAC 173-26-221(4)). 

b. Shoreline Stabilization 

i. Consistent with WAC 173-26-231 (3)(a)(iii)(B)(I,II,III), if erosion is not caused by upland 

conditions (i.e. those landward of the OHWM) and a geotechnical report demonstrates the need 

for protection, new, expanded and replacement shoreline stabilization measures are allowed 

when necessary to protect the following types of existing development: 

(A) The primary upland structure or accessory dwelling unit; 

(B) Water dependent activities; 

Comment [SH6]: To address public comment, 

consider making a clear statement that new 

overwater structures are not allowed in areas with 

kelp, eelgrass, and documented (and potential) 

forage fish spawning beaches, except when there is a 

significant public benefit. 


consider removing “water dependent activities” from 

this list, and/or make a clear statement that new, 

expanded and replacement bulkheads are not 

allowed to protect areas where there is no primary 

structure. 


Page 44 of 56 


(C) Underground utilities and components of a septic system thatwhich cannot practicably be 

relocated. 

(D) A road or driveway thatwhich cannot practicably be relocated and where there is no other 

reasonable means of access. 

(E) Ecological function restoration projects or hazardous substance remediation projects 

pursuant to RCW 70.105.D, when nonstructural methods or drainage improvements are not 

feasible or sufficient and there is no net loss of shoreline ecological functions (173-26- 

231(3)(a)(iii)(IV)). 

ii. Standards. 

(A) New development that would reasonably be expected to need shoreline stabilization 

within its lifetime which would adversely impact adjacent or down drift properties, is 

prohibited. (WAC 173-26-231 (3)(a)(iii)(A)). 

(B) All shoreline stabilization measures shall be considered in the following hierarchy of 

preference: 

(1) No action (shoreline remains in its existing condition and if subject to erosion, may 

naturally retreat). Drainage controls or improvements, increased building setbacks, and/or 

relocation of existing structures must be considered as alternatives. 

(2) Flexible defense works constructed of natural materials including soft shoreline 

stabilization measures, bioengineering alternatives (those incorporating trees, shrubs and 

other living components), beach nourishment, protective berms, and vegetative stabilization. 

(3) Hard shoreline stabilization measures including rigid works constructed of artificial 

materials such as riprap or concrete. 

(C) Armoring structures shall not cause increased erosion of other properties, shall not reduce 

sediment supply from feeder bluffs or from other erodible shorelines where the sediment is being 

transported to aquatic FWHCAs, and shall not result in a net loss of the ecological functions and 

values of aquatic FWHCAs. 

(D) Armoring structures shall conform to the requirements of the Washington Department of 

Fish and Wildlife and other applicable state and federal agencies. In addition, hard shoreline 

stabilization measures shall meet the following standards: 


consider making a clear statement that new and 

expanded bulkheads are not allowed on or adjacent 

to forage fish spawning beaches, pocket beaches, and 

feeder bluffs except when there is a significant 

public benefit. 

(1) The size shall be limited to the minimum necessary to protect the development; 

(2) The structure shall be located as far inland as possible; 

(3) Structures shall be designed and constructed with gravel backfill and weep holes so that 

natural downward movement of surface or ground water may continue without ponding or 

saturation. 

(4) Structures exposed to significant wave action shall be designed to dissipate wave energy 

and prevent scouring. 

(E) Hard shoreline stabilization measures shall only be approved when a qualified coastal 

geologic professional conducts a geotechnical analysis in accordance with SJCC 18.30.120 and 

determines that; 

(1) there is conclusive evidence that the development is imminently threatened by shoreline 

erosion caused by currents, tidal action or waves; 


Page 45 of 56 


(2) non-structural stabilization methods and/or soft stabilization measures will not be 

feasible or adequate; and 

(3) installation of the measures will not result in adverse impacts to adjacent, nearby or 

downdrift properties, or the ecological functions and values of adjacent, nearby or down drift 

aquatic FWHCAs. 

For purposes of this regulation, imminently threatened means the geotechnical analysis 

demonstrates that without hard shoreline stabilization, structures may be damaged by erosion 

within three (3) years (WAC 173-26-231(3)(a)(iii)(D). In assessing normal erosion rates, a time 

frame of 30-40 years should be used, and in addition the potential for a landslide that would 

exceed normal erosion rates should be considered. 

(F) Replacement of hard shoreline stabilization measures existing on the effective date of this 

regulation will be permitted provided the applicant can show that soft shoreline stabilization 

measures are not sufficient. 

For the purposes of this regulation ‘replacement’ means the reconstruction of up to 75% of the 

structure within 36 consecutive months. Projects that exceed this threshold will be subject to 

permitting as new structures. 

(G) When replacing an existing structure, where a net loss of the function and values of shoreline 

FWHCAs would result from leaving the old structure, the obsolete structure shall be removed as 

part of the replacement project. 

(H) Soft shoreline stabilization measures that restore shoreline ecological functions without the 

purpose of creating additional uplands, may be permitted water-ward of the ordinary high water 

mark. 

iii. Application Requirements. In addition to applicable requirements of SJCC 18.50, applications for 

approval of shoreline stabilization measures regulated by this section shall include the following: 

(A) The applicable items listed in SJCC Section 18.80.020.C (Project Permit Applications- 

Forms) along with photos of the site and a map showing the approximate location of critical 

areas and critical salt water habitats within 300 feet of the project area (existing maps may be 

used). 

(B) Any related project documents such as applications to other agencies or environmental 

documents prepared pursuant to the State Environmental Policy Act. 

(C) A narrative explaining how the proposal meets the requirements of this subsection 

(E.87) and SJCC 18.50. 

(D) Best available science documents supporting the proposal. 

(E) A copy of proposed storm water and erosion control plans for the project as required by 

SJCC 18.60. 

(F) A report, appropriate for the scale and scope of the project, and prepared by a qualified 

biological professional, identifying any aquatic FWHCAs located within 50 feet of the proposed 

project, evaluating conformance of the proposal with the requirements of this subsection (E.87), 

and describing any potential adverse impacts to the ecological function of aquatic FWHCAs that 

may result from the proposal. If the proposed structure may result in changes to longshore 

sediment transport, the report must include an evaluation of potential adverse impacts to aquatic 

FWHCAs located downdrift of the proposal. 

(G) A geotechnical analysis, prepared by a qualified coastal geologic professional in 

accordance with SJCC 18.30.120, that includes the following: 

(1) A description of the causes for the erosion; 


(2) Past erosion rates over a minimum of 30 years; 

Page 46 of 56 


(3) Projection of future rates of erosion over the next 30 years; 

(4) Detailed topography from the proposed structure to the lower beach; 

(5) Analysis of slope stability and mechanism for slope failure in the vicinity; 

(6) Estimate of when the structure will be undermined (including allowance for bank 

recession equal to the largest documented landslide in the vicinity); 

(7) Summary of exact factors causing threat to the structure; 

(8) Evaluation of potential effectiveness of corrective measures for on-site drainage issues as 

an alternative to installing hard or soft shoreline stabilization measures; 

(9) Detailed evaluation of the potential for relocating the structure as an alternative to hard or 

soft shoreline stabilization measures; 

(10) Description of any potential adverse impacts that may result from the proposal, 

including anticipated changes to the size or quantity of the substrate and/or sediment in the 

vicinity or down drift from the site; and 

(11) An evaluation of the conformance of the proposal with the requirements of this 

subsection (E.78) and SJCC 18.50. 

(H) Mitigation and Monitoring Plans. Plans meeting the requirements of SJCC 18.30.110 for 

mitigating any unavoidable adverse impacts to adjacent or nearby properties, or to the functions 

and values of aquatic FWHCAs. 

F. Additional protection requirements and recommendations for specific species and habitats. 

1. Animals designated for protection under this section. 

This subsection outlines specific protection requirements and recommendations for animals that are 

designated for protection under this section. This includes animals that are currently listed under the 

Endangered Species Act, as well as animals designated by San Juan County as species of local importance. 

The requirements identified in this subsection supplement the more general requirements of this section and 

the San Juan County Codethis code, including those actions intended to maintain the quantity and quality of 

ground and surface water, and to support the aquatic food chain. If additional animals are listed under the 

Endangered Species Act, or if currently listed animals are found in San Juan County, they will also be 

protected in accordance with this subsection, as will additional species of local importance that may be added 

in accordance with the procedures of subsection G. 

To aid property owners in implementing effective protection measures, standardized habitat management 

plans based on the provisions of Table 3.12 will be attached to permits and approvals. Approval of building 

and land use permits, and activities requiring County review, will be contingent on compliance with these 

plans. 


Table 3.12 

Additional Protection Requirements and Recommendations for Specific Animals 

Page 47 of 56 


Species Habitat Description Protection Requirements (required unless 

noted as a recommendation) 

(For additional information see 

http://wdfw.wa.gov/hab/phslist.htm) 

Amphibians 

Sharp-tailed 

Snake 

Western toad 

Birds 

American dipper 

Black 

Oystercatcher 

Chipping sparrow 

Common 

nighthawk 

Relatively open, moist, woodlands, 

particularly near streams and secluded, 

south facing, rocky slopes. They spend 

most of the time under rocks and rotting 

woody material. Primary food source is 

slugs. Use communal egg laying sites in 

cracks between rocks, underground or 

in clumps of grass roots. 

Live near springs, streams, meadows 

and woodlands, especially those within 

approximately 500 meters of ponds or 

wetlands. Feed on insects. Preferred 

breeding sites are water bodies with 

with shallow, sandy bottoms. After 

breeding they disperse into terrestrial 

habitats such as forests and grasslands, 

preferring damp conditions. Spend 

much time underground, often in small 

mammal burrows, beneath logs, and 

within rock crevices. Hibernate in 

burrows over the winter. 

Shorelines of perennial streams and 

lakes and ephemeral streams that flow 

into them. 

These birds nest on the ground above 

the rocky intertidal zone in areas 

without predatory mammals. 

Savannas, orchards, low-density 

residential areas. 

Rocky balds and flat areas with minimal 

vegetation 

In areas with sharp tailed snakes: 

●Prevent soil-disturbing activities. 

●Retain rocks and down wood. 

●Avoid predation by domestic cats. 

In areas with western toads: 

●Establish wetland buffers based on a Water 

Quality-Sensitivity Rating of “High” and a 

Habitat Importance-Sensitivity Rating of 

“High”. Protect buffers in accordance with 

SJCC 18.30.150. Protect wetlands and their 

buffers. 

●Prevent soil-disturbing activities. 

●Prevent pollution of runoff. 

●Retain rocks and down wood. 

●Avoid or minimize the introduction of aquatic 

predators (e.g. fish) into ponds and lakes. 

●Prevent disturbance of active nesting areas 

during the spring. 

●Maintain perennial flow in all streams 

currently with perennial flow. 

●Maintain buffers along streams and lakes. 

●Maintain forage fish populations and protect 

kelp and eelgrass beds in conformance with the 

Unified Development this cCode. 

●Discourage human presence near active 

nesting areas during the spring. 



●Maintain mix of open land and wooded areas. 




Page 48 of 56 


Fox sparrow 

Nesting occurs in dense shrub thickets 

with little or no forest canopy. The only 

suspected nesting is on small outer 

islands. 



Great Blue Heron 

Feeding occurs in large ponds and 

wetlands, small ponds and wetlands not 

surrounded by forest, and marine 

waters. Nesting occurs in tall dense 

stands of conifers in areas mostly 

isolated from humans. 



●Protect wetlands. 

Comment [SH9]: Consider adding requirement 

for 200 foot buffer around sites used by nesting 

colonies of birds. See WDFW recommendations. 

Golden-crowned 

sparrow 

Nesting occurs in dense shrub thickets 

with little or no forest canopy. The only 

suspected nesting is on small outer 

islands. 



Golden Eagle 

Horned lark 

Nesting usually occurs on cliffs, but 

may also occur in trees, on the ground, 

or on human made structures. 

Prairie/savanna and other flat areas with 

minimal vegetation. 

●Within 1,000 feet of nests, avoid construction 

and activities that may disturb nesting birds 

February 15 – July 15. 

●Protect trees used for perching and nesting. 

●Maintain food sources and habitat for animals 

that are food sources (e.g. rodents, small 

mammals, birds). 

●Minimize disturbance of nesting areas during 

the spring. 

●See protection measures for peregrine falcon. 

●Avoid use of rodenticides in hunting areas. 

●Avoid construction of wind turbines near 

nesting and hunting areas. 

●Avoid construction of multiple phase 

transformers in hunting and nesting areas. 



Long-eared owl Woodlands. No recent nesting records. ●Prevent disturbance of active nesting areas 


Marbled murrelet 

Nest in dense, mossy, wet, old growth 

conifer forests at least 7 acres in size 

and within 50 miles of marine waters. 

Nesting sites very difficult to identify. 

Nesting trees are at least 32 in. diameter 

and the nest itself is typically located in 

a depression in the moss and lichen. 

Murrelets feed year round on small, 

schooling fish and other small sea 

creatures found in calm, shallow (< 100 

ft.), nearshore waters in the San Juans. 

Concentrations of birds are found on 

Lopez Island and the area between 

●Maintain forage fish populations and protect 

kelp and eelgrass beds in conformance with 

SJCC Title 18, the Unified Development this 

cCode. 

●Protect old growth coniferous forests more 

than 7 acres in size thatwhich have trees more 

than 32 dbh in. diameter that are used by nesting 

birds (see Chapter 222-16 WAC for guidance on 

determining the presence of nesting birds). 

●If areas used for nesting are identified, County 

staff will work with the landowner and the Dept. 


Orcas and Blakely Islands. They are not 

currently known to nest in the San 

Juans, but that could change as second 

growth forests mature. 

Page 49 of 56 


of Fish and Wildlife to develop a site specific 

protection plan. 

Merlin Edges of conifer woodlands. ●Prevent disturbance of active nesting areas 


Northern 

goshawk 

Mature forest on main islands. 



Northern harrier 

Northern pygmyowl 

Infrequently mowed pastures, prairie, 

and herbaceous wetlands without trees. 

Mature conifer forest on main islands. 



●In areas with northern harriers, establish 

wetland buffers based on a Water Quality- 

Sensitivity Rating of “High” and a Habitat 

Importance-Sensitivity Rating of “High”. 

Protect buffers in accordance with SJCC 

18.30.150. 

Protect larger herbaceous wetlands. 



Peregrine falcon Year-round resident in SJ County (≈ 21 

nesting pairs). Nests on cliffs and 

ledges. Feed on birds, especially 

shorebirds and waterfowl. 

●Within ¼ ½ mile of nests, avoid construction 

and activities that may disturb nesting birds 

March 1 – June 30. 

●If possible locate structures at least 1,500 feet 

back from cliffs with nests (recommendation). 

●Within 250 ft. of the shoreline for ½ mile on 

either side of the nest, maintain 50 % of all 

trees, with a mix of size classes, and all trees 

≥24 in. dbh . 

●Prevent pesticide and chemical contamination 

of prey. and food sources includChemicals of 

particular concern include: ing lead, mercury, 

organochlorides, organophosphates, carbofuran, 

and famphur (recommendation). 

▪Near nesting and feeding areas, dDo not use 

lead shot, and avoid use of insecticide, and 

avoid use of pesticides that will be injested by 

birds that are food sources (e.g. 

pigeons).including rodenticides and 

insecticides near nesting & feeding areas. 

▪Avoid use of treated wood products. 

▪Follow County stormwater and buffer 

requirements. 

●Avoid construction of power lines near nests or 

feeding areas (recommendation). 

●Maintain trees along shorelines in 

conformance with this section. 

Comment [S10]: Revised to be consistent with 

more recent guidance. 


Pigeon Guillemot 

Short-eared owl 

Sooty grouse 

Vesper sparrow 

Western bluebird 

Western 

meadowlark 

Wilson’s snipe 

This seabird nests in colonies in 

burrows on sandy and rocky cliffs. 

Infrequently mowed pastures, prairie, 

and herbaceous wetlands without trees. 

Extensive conifer forest on main 

islands. 

Savanna, prairie, and fields with 

scattered shrubs. 

Oak woodland and fields with nest 

boxes or many standing dead trees. 

Savanna, prairie, and fields with 

scattered shrubs. 

Herbaceous wetlands and wet fields 

with scattered shrubs 

Page 50 of 56 






●In areas with short eared owls, establish 





18.30.150. 

Protect larger herbaceous wetlands. 



●Minimize fragmentation of most extensive 

forested areas caused by roads, driveways, and 

extensive tree removal. 





●Avoid pesticide use in or near active nesting 

areas. 

●Avoid removal of dead standing trees in or 

near active nesting areas. 




areas. 

●In areas with western meadowlark, establish 





18.30.150. 




areas. 

●In areas with Wilson’s snipe, establish wetland 

buffers based on a Water Quality-Sensitivity 

Rating of “High” and a Habitat Importance- 

Sensitivity Rating of “High”. Protect buffers in 

accordance with SJCC 18.30.150. 

Fish 

Salmon Some spawning in San Juan County Compliance with general aquatic protection 


Chinook 

Chum 

Coho 

Pink 

Sockeye 

Steelhead 

Rockfish 

Boccocio 

Canary 

Yelloweye 

Insects 

Great arctic 

butterfly 

Island Marble 

Butterfly 

Sand verbena 

moth 

Taylor’s Checkerspot 

butterfly 

Valley silverspot 

butterfly 

streams. All anadromous (migratory) 

populations feed in nearshore areas in 

the San Juans on their way to the ocean. 

Food sources include small fish and 

insects, including insects that flow into 

nearshore waters from upland streams 

and wetlands. 

Only recorded US population located on 

Orcas Island. Dependent on forest 

openings and rocky balds. 

Only remaining populations on San 

Juan (American Camp) and Lopez 

Islands. Dependent on Puget Sound 

Peppergrass and other native mustards 

and non-native mustards. 

Only recorded US populations on San 

Juan Island and in Clallam County. 

Dependent on native sandy coastal 

habitat and Sand Verbena (Abronia) for 

larval food plant. 

Extremely rare and declining 

throughout range. Associated with 

maritime prairies and shorelines along 

the Strait of Juan De Fuca, the postglacial 

gravelly outwash and mounded 

prairies of the Puget Trough, and open 

island prairies with a dominance of 

original vegetation. Host plants include 

the native seaside plantain (Plantago 

maritima macrocarpa) and the 

nonnative English plantain (P. major 

lanceolata). Concentrations have been 

found in SJ County on Long Island, and 

possibly Lopez Island. Current status 

unknown. 

Dependent on Western Blue Violet 

(Viola adunca). Declining populations 

in San Juan Islands. Extinct in many 

Page 51 of 56 


requirements of this the San Juan County 

Codesection. 

In areas with great arctic butterflies: 

●Avoid the use of insecticides and herbicides. 

●Protect rocky balds. 

In areas with island marble butterflies: 


●Limit grazing and agricultural land 

disturbance. 

●During land development protect areas with 

food sources including Puget Sound peppergrass 

and other native and non-native mustards, 

In areas with sand verbena moths: 



disturbance. 


food sources including Sand Verbena (Abronia). 

In areas with Taylor’s checkerspot butterflies: 



disturbance. 


plantain. 

In areas with valley silverspot butterflies: 




locations. 

Page 52 of 56 


disturbance. 


western blue violet. 

Mammals 

Areas with 

roosting 

concentrations of 

all bat species. 

Townsends big 

eared bat 

Flying squirrel 

Other animal 

species listed 

after the effective 

date of these 

regulations 

Found where there are suitable roosting 

sites and fresh water. Sites used for 

roosting include caves, mines, snags, 

large trees, buildings and barns. 

Roosting during the winter is generally 

in caves, but may also occur in the 

cavities of large trees, and in buildings. 

Primary food source is moths, but they 

will consume other arthropods. 

Mature forests and woodlands with 

many dead standing trees. 

In areas with roosting concentrations of bats: 

●Avoid pesticide use. 

●Avoid removal of large dead trees (e.g. those 

over 12” dbh). 

In areas with Townsends big eared bat: 

●Avoid pesticide use . 

●Avoid removal of large dead trees. 

●Avoid removal of large dead trees in or near 

known areas. 

Appropriate protection measures will be 

developed in consultation with the Washington 

Department of Fish and Wildlife, US Fish and 

Wildlife Service and National Marine Fisheries 

Service. 

2. Plants designated for protection under this section. For designated plants, informational materials will 

be provided with building and land use permits, including photos of the plants, actions that can be taken 

to preserve them, and descriptions of how to reestablish plants that are displaced or destroyed during 

development and vegetation removal activities. In addition, for plants that are located in a wetland, 

wetland buffers shall be established based on a Water Quality-Sensitivity Rating of “High” and a Habitat 

Importance-Sensitivity Rating of “High”. These buffers must be protected in accordance with SJCC 

18.30.150. 

3. Adopted Habitats of Local Importance. This subsection outlines specific protection requirements and 

recommendations for habitats of local importance designated for protection under this section. The 

requirements identified in this subsection supplement the more general requirements of this section and 

the San Juan County Codecode, including those actions intended to maintain the quantity and quality of 

ground and surface water, and to support the aquatic food chain. 

To aid property owners in implementing effective protection measures, standardized habitat management 

plans based on the provisions of Table 3.13 will be attached to permits and approvals. Approval of 

building and land use permits, and activities requiring County review, will be contingent on compliance 

with these plans. 

Table 3.13 

Habitats of Local Importance 

Species or Habitat Description Protection Measures 


Habitat 

Bluff Backed 

Beaches 

Critical Salt 

Water 

Habitats 

Garry oak 

(Quercus 

garryana) 

woodlands 

and savannas 

Herbaceous 

Balds and 

Bluffs 

Pocket 

Beaches 

Includes erosional depositional beaches at the base sediment 

bluffs, sediment-covered rock beaches, and seeps/small streams 

that enter beaches via a bluff rather than via a pronounced stream 

valley. Bluff backed beaches do not form lagoons (though they 

may be a sediment source to barrier beaches that do form lagoons). 

Includes kelp beds; eelgrass beds; spawning and holding areas for 

forage fish including herring, smelt and sandlance; subsistence, 

commercial and recreational shellfish beds; mudflats; intertidal 

habitats with vascular plants; and areas with which priority species 

have a primary association. 

Garry oak is a type of Oregon White Oak found in warmer, drier 

areas within the Puget Sound and southern British Columbia. They 

are associated with what is becoming an increasingly rare 

ecosystem that supports a variety of rare wildflowers, butterflies 

(such as the Duskywing (Erynnis propertius)) and other plants and 

animals. Garry oak ecosystems are highly varied and are found in 

areas with rock outcrops, coastal bluffs, maritime meadows, and 

treeless grasslands as well as seasonal wetlands, and are sometimes 

found in mixed stands with other trees including arbutus and 

Douglas fir. Acorns from the oaks provide a key food for many 

birds, and other wildlife. Areas in the County that contain Garry 

oak include English Camp, Cady Mountain, San Juan Valley, the 

west side of San Juan Island, Point Disney, Turtleback Mountain, 

West Sound. 

Herbaceous Balds and Bluffs. These are native plant areas located 

on shallow soils over bedrock, often on steep, exposed slopes with 

few trees. They support grasses, herbaceous plants, dwarf shrubs, 

Brittle prickly pear cactus, mosses and lichens that are adapted for 

survival on shallow soils amid seasonally dry conditions. Trees 

that may be present include Douglas fir, Pacific madrone, and 

Garry oak. In San Juan County this habitat supports many plant 

species that are rare or that grow in few other land cover types. 

They are the preferred habitat of the Taylor’s Checkerspot 

butterfly, which is a listed species. Information on the plants 

associated with herbaceous balds and bluffs can be found at 

http://www1.dnr.wa.gov/nhp/refdesk/communities/pdf/balds_veg. 

pdf. 

Beaches that are contained between two bedrock headlands that 

essentially functions as a closed system in terms of littoral 

sediment transport. Pocket beaches do not typically occur within a 

drift cell and there is little or no exchange of sediment between a 

pocket beach and adjacent shores. They can be found waterward of 

a rocky bank or cliff, or they may form barriers, sometimes 

partially or completely isolating a back‐barrier lagoon or wetland. 

Pocket beaches are typically swash aligned, or oriented 

perpendicular to the direction of predominant wave approach. 

They are relatively short in length, as compared to the length of a 

Page 53 of 56 


Minimize and where possible 

remove hard shoreline 

armoring. 

Compliance with the San Juan 

County C this code. 

Compliance with this codethe 

San Juan County Code. 

In conjunction with new 

development and vegetation 

removal, minimize 

disturbance of areas with 

Garry oak and associated 

native grasslands and 

wildflowers. Removal of 

Douglas fir and other conifers 

is encouraged to allow 

adequate sunlight for the oak, 

grasses and wildflowers. If 

disturbance cannot be avoided 

mitigate by replanting suitable 

areas with Garry oak, native 

grasses and wildflowers. 




disturbance of herbaceous 

balds and bluffs. 

Minimize and where possible 

remove hard shoreline 

armoring. 

Compliance with thishe San 

Juan County code code. 


West Side 

Prairie 

barrier beach. In plan view their shape is crescentric and they often 

have well‐sorted sediment. 

These are relatively undisturbed, uncultivated meadows and fallow 

fields that are mostly treeless, and ideally have a significant 

presence of native forbs (herbaceous flowering plants such as 

Camas) and grasses (e.g. Danthonia californica and Festuca rubra). 

West side prairies in San Juan County include parts of Mt. 

Constitution and Turtleback Mountain on Orcas Island, the west 

side of San Juan Island, Iceberg Point on Lopez Island, and Yellow 

Island. 

Page 54 of 56 





disturbance of native 

grasslands and Camas 

prairies. If disturbance cannot 

be avoided mitigate by 

replanting suitable areas with 

native grasses and 

wildflowers. 

G. Nomination of Species or Habitats of Local Importance. 

San Juan County has the option of protecting species and habitats of local importance. If not included in the 

adoption of this Critical Areas Ordinance, these species or habitats may be added by nominating the species 

or habitat and amending the ordinance through the following process: 

1. A petition to nominate a habitat or a species to this category shall contain the following: 

a. Documentation demonstrating that local populations of native species are sensitive to habitat 

manipulation, declining, or are in danger of extirpation based on existing trends; 

b. An explanation of whether specific habitat features are being nominated for protection (for 

example, nest sites, breeding areas, or nurseries), or whether a habitat or ecosystem is being 

nominated in its entirety; 

c. A map showing known locations of nominated species or habitats. 

d. Proposed management and protection strategies for the species or habitats, supported by the Best 

Available Science. 

2. The Director shall determine whether the nomination proposal is complete, and if complete, shall 

request that State and Federal agencies and local conservation organizations review the proposal and 

provide comments and recommendations. These comments, the application, the recommendation of 

the Director, and a draft code amendment incorporating the species and/ or habitat shall be forwarded 

the Planning Commission for a public hearing. 

3. After holding a public hearing, the Planning Commission shall make a recommendation to the 

County Council. 

4. Following the recommendation of the Planning Commission, the County Council shall hold a public 

hearing and make a decision on the request and associated code amendment, and if approved shall 

add the species and/or habitat to subsection (B)(9) of this section. 

5. Removal of Species or Habitats of Local Importance. Species and habitats may be removed by 

amending subsection (B)(9) of this section in accordance with applicable requirements, including a 

public hearing before the Planning Commission and County Council. 


SECTION 11. Savings Clause. 

Page 55 of 56 


This ordinance shall not affect any pending suit or proceeding; or any rights acquired; or liability or obligation 

incurred under the sections amended or repealed; nor shall it affect any proceeding instituted under those 

sections. All rights and obligations existing prior to adoption of this ordinance shall continue in full force and 

effect. 

SECTION 12. Severability. 

If any provision of this ordinance or its application to any person is held invalid, the remainder of this ordinance 

and the application to other persons or circumstances shall not be affected. Remaining sections of the ordinance 

shall be interpreted to give effect to the spirit of the ordinance prior to removal of the portions declared invalid. 

SECTION 13. Effective Date. 

This ordinance shall take effect __________________________________. 

SECTION 14. Codification. 

Sections 1-10 will be codified. 


ADOPTED ____________________________, 2012. 

Page 56 of 56 


COUNTY COUNCIL 

SAN JUAN COUNTY, WASHINGTON 

______________________ 

Patty Miller, Chair 

District 5, Orcas East 

ATTEST: Clerk of the Council 

_______________________ 

Jamie Stephens, Vice Chair 

District 6, Lopez/Shaw 

_______________________ 

_______________________________ 

Lovel Pratt, Member 

Ingrid Gabriel, Clerk Date District 1, San Juan South 

________________________ 

Richard Peterson, Member 

District 2, San Juan North 

REVIEWED BY COUNTY 

ADMINISTRATOR PRO TEMPORE 

_______________________________ 

Robert W. Jean 

Date 

________________________ 

Howard Rosenfeld, Member 

District 3, Friday Harbor 

_________________________ 

Richard Fralick, Member 

District 4, Orcas West/Waldron 

RANDALL K. GAYLORD 

APPROVED AS TO FORM ONLY 

By: __________________________ 

Date

Ordinance No._____- 2012 AN ORDINANCE ... - San Juan County

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