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The provisions in this section of the county’s SMP apply to new agricultural activities including, but not limited to, all uses that are allowed as permitted or conditional uses in the A-10 zone under SCC 30.22.110 which also meet the definition of "agricultural activities" in SCC 30.91A.092 and which are proposed on land not currently used for agricultural activities. Conversion of agricultural land within shoreline jurisdiction to other non-agricultural uses is subject to the use restrictions in chapter 30.67 SCC, Parts 400 and 500.

(1) The following general regulations apply to new agricultural activities in shorelines:

(a) New agricultural activities shall utilize best management practices to ensure protection of shoreline ecological functions, retard surface runoff and reduce siltation.

(b) Manure lagoons and associated permanent transmission systems shall comply with the following:

(i) Manure lagoons shall be designed, constructed and operated to county, Department of Ecology, Natural Resource Conservation Service and U.S. Environmental Protection Agency standards;

(ii) Manure lagoons may not be built within a wetland unless all of the following conditions apply:

(A) The wetland had been converted to agricultural use prior to June 9, 1993;

(B) No other location is available that is not a wetland; and

(C) Full mitigation is provided to replace the functions of the wetland.

(iii) Unless the conditions in SCC 30.67.505(b)(i) and (ii) apply, the toe of the dike of a manure lagoon shall be set back from the water bodies used for recreation as much as possible, and at a minimum shall maintain a 150-foot setback from the OHWM of any river, stream, lake, marine waters or estuary regulated under the Shoreline Management Act.

(iv) Manure lagoons shall comply with all other county regulations including but not limited to grading and flood hazard provisions in Title 30 SCC;

(v) Elevation of the top of the dike of manure lagoons shall be determined according to standards established by the Natural Resource Conservation Service and the Department of Ecology. When located within the floodplain, the top of the manure lagoon dike shall be elevated one foot above the 100- year flood level, or as close to such height as feasible and consistent with Natural Resource conservation Service and Department of Ecology design standards;

(vi) Manure lagoons of earthen construction shall be mulched or seeded with grass on all exterior faces, and vegetation shall be maintained to prevent erosion or slippage;

(vii) If environmental review has shown that there are unmitigated adverse impacts related to ground or surface water contamination, habitat, wildlife, recreational uses, public access, or aesthetics, then setbacks greater than the minimum and/or additional mitigation may be required; and

(viii) Permanent pipelines for transmission of manure shall be properly supported and utilize a single piece of pipe or double piping when crossing waterbodies.

(c) Livestock flood sanctuaries shall comply with the following:

(i) A permit to build livestock flood sanctuary mounds will be granted to property owners only when the applicant clearly demonstrates that the denial of such construction will threaten the viability of the applicant’s commercial livestock operation;

(ii) The maximum size of the mounds shall not exceed 50 square feet per animal unit (1,000 lbs) plus the area created by adding a ramp 14 feet wide along two sides to be used for farm vehicle access. An additional area no greater than 25 percent of the calculated area will be allowed to accommodate future herd growth;

(iii) Mounds shall be constructed in a manner that does not impact flood elevations, impede flow, or cause significant adverse effects upstream or downstream. Mounds are prohibited in floodways. In flood plains, mounds shall be oriented to the flow;

(iv) Mounds shall be constructed using non-compressive materials (as defined in the Natural Resource Conservation Service standards for such mounds) that are obtained from approved borrow sites;

(v) Site preparation and mound construction and maintenance practices shall be conducted according to the recommendations of the Natural Resource Conservation Service or best management practices approved by Snohomish County; and

(vi) Mounds shall comply with all other county regulations, including but not limited to, grading and flood hazard provisions in Title 30 SCC.

(2) In addition to the general regulations contained in SCC 30.67.505(1), the following specific shoreline environment designation regulations for new agricultural activities in shoreline jurisdiction apply:

(a) Urban:

(i) Agricultural activities and livestock flood sanctuaries are permitted; and

(ii) Manure lagoons are conditionally permitted.

(b) Urban Conservancy:

(i) Agricultural activities are permitted;

(ii) Manure lagoons are prohibited; and

(iii) Livestock flood sanctuaries are conditionally permitted.

(c) Rural Conservancy. Agricultural activities, manure lagoons and livestock flood sanctuaries are permitted.

(d) Resource. Agricultural activities, manure lagoons and livestock flood sanctuaries are permitted in the Resource environment.

(e) Municipal Watershed Utility. Agricultural activities, manure lagoons and livestock flood sanctuaries are prohibited.

(f) Natural:

(i) Agricultural activities are conditionally permitted provided that only passive agricultural uses such as pasture or grazing shall be allowed and provided further that no clearing, construction or other operations which have an adverse impact on ecological functions occurs; and

(ii) Manure lagoons and livestock flood sanctuaries are prohibited.

(g) Aquatic:

(i) Water-dependent, over-water or in-water uses or modifications related to agricultural activities are conditionally permitted;

(ii) Manure lagoons and livestock flood sanctuaries are prohibited; and

(iii) Bank stabilization or flood protection measures are conditionally permitted in the Aquatic environment to protect primary structures or designated farmland, provided that the need for such protection is documented in a geotechnical report. Non-structural methods are preferred but structural methods may be allowed provided that the geotechnical report indicates that structural methods are necessary. Such shoreline modifications must comply with the requirements of SCC 30.67.540 and 30.67.575. (Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012).