HomeMy WebLinkAbout56-97 - Ord. Amendments to the Interim Resource Ordinance No. 77-93 ORDINANCE NUMEBER 56-97
AMENDMENTS TO THE MASON COUNTY INTERIM RESOURCE ORDINANCE
AN ORDINANCE amending the following sections of the Mason County Interim Resource
Ordinance, Ordinance 77-93, as amended: Section 17.01.110 Aquatic Management Areas, Section
17,01.040 Establishment of Designated Lands, Section 17.01.240 Definitions, and amending the
Mason County Comprehensive Plan, page IV-4.11, under the authority of Chapters 36.70 and
36,70A RCW.
WHEREAS, the Board of County Commissioners held a public hearing on May 13, 1997, to
consider the recommendations of the Planning Commission, the Mason County Department of
Community Development and citizens on the proposed amendments;
WHEREAS, the Mason County Planning Commission formulated its recommendations after a
public hearing on April 21, 1997 and approved findings of fact;
WHEREAS, these hearings were duly advertised public hearings;
WHEREAS, these amendments are intended to comply with the Order of the Western Washington
Growth Management Hearings Board of September 6, 1996;
WHEREAS, the Mason County Board of County Commissioners formulated its decision after the
public hearing and has approved findings of fact to support its decision as ATTACHMENT A;
NOW, THEREFORE, BE IT HEREBY ORDAIN-ED, that the Board of County Commissioners
of Mason County hereby approves and ADOPTS the amendments to the Mason County Interim
Resource Ordinance, #77-93, as amended, and the amendment to the Mason County
Comprehensive Plan, page IV-4.11, as described by ATTACHMENT B.
DATED this day of 1997.
Board of County Commissioners
Mason County, Washington
(Absent) ATTEST:
Mary Jo Cady, Chair
Clerk,of the Board
166 A. Bolender, Commissioner
APPROVED AS TO FORM:
'C-ynthia D. Olsen, Commissioner
Prosecuting Mtorney
ATTACHMENT A - ORDINANCE NO. 56-97
Mason County Board of County Commi sioners
Aquatic Management Areas - May 13, 1997
FINDINGS OF FACT
1.
Under consideration is a proposal to amend the aquatic management critical areas protections of
the Interim Resource Ordinance (IRO) as adopted in 1993 by Mason County by designating Type
5 waters as Class II Aquatic Management Areas, and establishing a 25 foot vegetative area as a
buffer to protect those streams.
2.
The proposed amendment is based on the recommendations of Mason County's consultants as
contained in a letter dated March 26, 1997. Those recommendations were based on a review of
the Interim Resource Ordinance and the best available science, and it included special
consideration for anadromous fisheries.
3.
The proposed amendment is based on the recommendation of the Mason County Planning
Commission. The Planning Commission held a public hearing on April 21, 1997, and considered
the testimony given along with the record before it. Substantial background information on the
proposed changes were reviewed by the Planning Commission, including the memorandum
prepared by the Department of Community Development, dated April 21, 1997, with its
attachments and referenced materials and meetings.
4.
The Planning Commission recommendation was based on the recommendation by the GMAC Ad
Hoc committee on April 2, 1997. The draft revision, prepared by the Department of Community
Development was dated April 2, 1997.
5.
The amendment recommended by the Planning Commission is consistent with and implements the
Mason County Comprehensive Plan, although the plan does not identify Type 5 waters as
designated aquatic management areas. In order to address this concern, the proposal includes
minor changes in the comprehensive plan. The proposal is consistent with and balances the goals
of the Growth Management Act.
6.
The Board of County Commissioners held a public hearing on May 13, 1997 to take public
testimony and to review the record before it.
From the preceding findings, it is concluded that the proposal should be adopted as proposed by
the Planning Commission, with the changes recommended by the Department.
e7)
Chair, Board of County Co'mmi4ioners Date
B - ORDINANCE NO. 56-97
17'01'110 AQUATIC MANAGEMENT AREAS
The waters and shorelines of Mason County are en important resource. |n addition to their natural beauty,
and cultural value, they provide the base for a sizeable shellfish industry, aquaoultune, fioh and wildlife
habitat. Attention to water quality and the conditions necessary for healthy marine life baounne the
responsibility of those who own and use atroanmmide properties. Since xvetor flows downhill, and impacts
on vvutor quality are cumulative, and since a consistent habitat is necessary for aquatic species, the
following guidelines and minimum requirements are established to protect the resources. 8treanooide
property owners and users are encouraged to seek education from K8oaon County and other sources in
planning for development and improving land uses.
A. CLASSIFICATION
The following shall be classified as aquatic Management Areas.
1. Class Management Areas
All areas under the jurisdiction of the K8000n County Shoreline Master Program; except
State designated Harbor Areas pursuant to RCVV 78.80.020 and Article XV of the
Washington State Constitution.
2. Class || Management Areas
Management Areas (see Section 17.O1.110.D.2, Table) defined oo Types ||, |||. Mn6 IV,_and
\/ waters as established in VV4C 222-16'030, including all naturally occurring lakes and
ponds not considered wetlands and not under the jurisdiction of the Mason County
Shoreline Master Program and all lands within:
u. 200 feet (61.00motom) of the ordinary high water mark of Typo || waters;
b. 100 feet (30.50 meters) of the ordinary high water mark of Type III waters; or
C. 50feet (15.25motom) of the ordinary high water mark of Type IV waters;
d. 25 feet (15.25 meters) of the ordinary high water mark of Tyge V waters.
B. DESIGNATION
The |ondo' ahona|ondoond waters ofMason County meeting the criteria for Class | and C|nao |!
Aquatic Management Areas are hereby designated, as critical areas pursuant to RCVV 36.70A.060
and RCVV38.7OA.170.
C. CLASS | MANAGEMENT AREA GUIDELINES
1. These areas nhnU comply with all Provisions of the Mason County Shoreline K800tar
Program (SK8P), as well as the provisions ofthis Section <17.01.110.C>. Granting of
permit under the SMPaho|| also constitute granting of a Mason Environmental Permit
(MEP).
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2. An on-site sewage disposal system inspection, if applicable, certified by the County
Health Department or State of Washington, shall be required prior to any transfer of
ownership.
3. A septic system inspection program may be established, pursuant to state and local laws,
in areas where the County Health Director finds it necessary to protect water quality.
D. CLASS II MANAGEMENT AREA GUIDELINES
Owners/users/developers of Class II Areas need to be aware of the following concerns: the siting
of structures; drainage; soil disturbance; tillage patterns; erosion control; use of herbicides,
pesticides and fertilizers; creation of impermeable areas and runoff; the pasturing of animals;
approved on-site sewage disposal system installation; landscaping; maintaining the natural setting;
stream shading and water temperature control; and maintenance of stream-side habitat.
1. Class II Land Use Guidelines
a. Tree removal for building site preparation or for health and safety reasons, shrub
removal, creation of access trails; and tree limbing should be done carefully and
kept to a minimum to provide maximum aquatic habitat protection. Vegetative
shading, including landscaping, are recognized as being essential to habitat
protection.
b. To protect water quality, the use of residential and commercial herbicides,
fertilizers or pesticides is discouraged and if administered shall comply with the
Federal Insecticide, Fungicide, and Rodentia Act as adopted by RCW 17.21, RCW
15.58 and WAC 16.228 or hereafter amended.
C. The commercial and non-commercial yarding of animals and use of fertilizer must
be done in a manner to provide aquatic habitat protection. (For information on
Best Management Practices, see USDA Soil Conservation Service)
2. Class II Development Standards (by Water Type, Official Water Type Reference Map -DNR)
Water Type Vegetation Area in ft. Building Setback Management Area*+
(meters (m)) in ft.** (meters (m)) in ft. (meters (m))
II 75 ft. (22.88 m) 90 ft. (27.45 m) 200 ft. (61.0o m)
III 50 ft. (15.25 m) 65 ft. (19.83 m) 100 ft. (30.50 m)
IV 25 ft. ( 7.63 m) 40 ft. (12.20 m) 50 ft. (15.25 m)
V 25 ft. ( 7.63 m) 25 ft. (7.63 m) 25 ft. ( 7.63 m)
* Management Area includes setback and vegetation area.
** Setback includes vegetation area.
+ See Section 17.01.110.A.2.
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Example:
Management Area Water Type II
1 Vegetation Area (75 feet) ?
1
Buildina Setback (90 feet)
Management Area (200 feet)
Edge
a. Water Types II, III, IV, and V shall have a setback and a vegetation area
requirement, both of which are measured from the ordinary high water mark,
perpendicular and landward from the shoreline in the amount shown in the table
above:
b. When necessary to protect Class II Management Areas, as determined by the
Director, a temporary erosion control plan which identifies the specific measures
to be implemented during construction and site preparation to protect the water
from erosion, siltation, landslides, and deleterious construction materials shall be
required.
C. Developments shall meet State and County regulations for storm drainage and
water disposal facilities to prevent any adverse water quality impacts from such
facilities.
d. Site preparation shall not result in off-site erosion, siltation, or other reductions in
water quality.
e. Industrial and commercial uses which handle or store hazardous substances or
wastes as defined in WAC 173-303 or hereafter amended, or other substances in
quantities identified by the County to be a potential threat to water quality, shall
provide evidence that the hazardous substances or wastes shall not enter and
adversely impact any water, groundwater or shoreline area.
f. No dredging or removal of vegetation shall occur below the ordinary high water
mark in Management Areas except as provided for in a State Hydraulics Permit.
g. Lot Size
For the purpose of determining lot sizes under Title 16 of the Mason County Code,
the Director shall review any available information and apply any or all standards
of Section 17.01.110.1), and make a decision on a case-by-case basis based on
this information.
h. Variances for unusual topographical characteristics which have site-specific
problems may be available under Section 17.01.150.
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3. Class U Permit Required Uano
o. Mason Environmental Permit (W1EP)
"Class IV General Forest Practices" under the authority of the ^1092Washington
State Forest Practices Act Rules and Regulations", VVAC 222'12'030' or as
thereafter amended; which involve conversion to e Permit Required Use.
b. Mason Conditional Environmental Permit <K8CEP>
(1) Industrial and Conornevoie{ uses.
(2) Housing other than single family residences.
(3) Roads and other impervious surfaces.
17.01.040 ESTABLISHMENT OF DESIGNATED LANDS
AMEND subsection C. y. b'
b. "Water Type Reference Maps of K4nomn County", Department of Natural
Resources, Types M, UL and |V' and l/Waters Only.
17.01.240 DEFINITIONS
AMEND the definition:
Those areas where surface waters flow sufficiently to produce e defined channel or bed. 4
defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes,
but in not limited to, bedrock channels, g,avel beds, sand and silt beds and defined channel a,,a|*o. The
channel or bed need not contain water year round. This definition is not meant to include irrigation ditches,
canals, storm or surface water runoff devices orother entirely artificial vveteronur000' unless they are used
by salmon or used to convey streams naturally occurring prior to construction. For regulatory purposes
under this Chapter, this includes DNR VVeto/ Types |~Hf V (VVAC 222'18'030).
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Mason County Comprehensive Plan-A-12fil, 1996 Land Use
Aquatic Management Areas as classified and designated include the following:
Class I Management Area
All areas under the jurisdiction of the Mason County Shoreline Master Program;
except State designated Harbor Areas pursuant to RCW 79.90.020 and Article XV
of the Washington State Constitution.
Class I[[ Management Area
All areas defined as Type 2, 3, or 4, 2r 5 waters as established in WAC. 222-16-
030, including all naturally occurring lakes and ponds not considered wetlands and
not under the jurisdiction of the Mason County Shoreline Master Program; and all
lands within:
a. 200 feet of the ordinary high water mark of Type 2 waters;
b. 100 feet of the ordinary high water mark of Type 3 waters; or
c. 50 feet of the ordinary high water mark of Type 4 waters;-o-r
d. 25 feet of the ordinary high water mark-of Type 5 waters.
The water typing system has been established by the Department of Natural Resources and
is based on the size and character of the water body. Type I waters are the larger water
bodies and rivers which have been classed as Waters of the State, such as the Hood Canal
and the Skokomish River. As the size of the river or lake is reduced, the water type
becomes a 2, 3, or 4, until a type 5 water is identified. Type 5 waters may be dry beds
most of the year, providing only winter flows.
Marine Habitat Areas include the following:
1. All kelp beds (members of the brown algal family Laminariales including Alatia
marginata, Alatia nana, Alatia tenuifolia, Egregia mentiesii, Eisenia arborea,
Pterygophora cafifornica,Aganon criboswn, Aganvnfinibfiatwn, Costaria costata,
Cymathere triplicata, Hedophyllum sessile, Laminatia spp., Pleurophycus
gardneti, Dictyoneuropsis reticulata, Dicyoneurum califomicum, Lessioniopsis
littoralis, Macrocystis integrifolia, Nereocystis luetkeana, and Postelsia
pabnaefonWs) and all eelgrass beds (Zgstera spp.). These areas are important salt
water habitats that support valuable species, providing habitat for plants, fish,
shellfish, sea birds and sea mammals.
Recent maps of the location of kelp and eel grass beds in Mason County were not
available for inclusion in this Plan. The Washington State Department of Natural
Resources reports that floating Bull kelp occurs off of the west shore to the
IV-4.11