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Critical areas ordinance
posted 06/27/2006
The review of the county's Critical Areas Ordinance, which is due to be updated by Dec. 1, 2006, includes several recommendations which the authors believe may trigger controversy. These include:
- General Provisions: The County currently provides a variety of exemptions from all or part of critical area regulations, many of which will likely need to be modified. Examples include exemptions for single family residences to establish lawns or landscaping in critical areas and for expanding existing uses within critical areas or their buffers. The County also defines “reasonable use” exceptions to allow development of up to 21,780 square feet or 80% of a parcel, even where this may have substantial impacts on critical areas.
- Fish and Wildlife Habitat Conservation Areas: Most if not all of the County’s marine shoreline likely qualifies as a critical area. The County’s existing buffers for marine shorelines may be inadequate for some key ecological functions, particularly bird and wildlife habitat. Concerns with these buffers should be addressed in a broader approach that integrates other ecological considerations for shoreline development beside just buffers. Ideally, this approach should consider other conservation strategies in addition to regulation, as is true for the recently begun "San Juan Initiative." Freshwater and terrestrial habitats also need improved protections, including larger buffers for most lakes and streams.
- Wetlands: The County should generally follow the latest guidance from the Washington Department of Ecology regarding wetland ratings, delineation, buffers, mitigation ratios, and exemptions. This guidance is more sensitive to the actual functions provided by specific wetlands as well as the likely success of different forms of mitigation than the County’s existing regulations, which are based on earlier Ecology guidance.
- Critical Aquifer Recharge Areas: The entire County should probably be designated as a critical aquifer recharge area. This would most significantly impact on-site wastewater systems in densely developed areas, where even well-maintained systems may be unable to adequately protect aquifers from nitrates and certain other pollutants.
- Geologically Hazardous Areas: The County may need to revise its criteria for identifying unstable slopes and areas of potential liquefaction. The County should strengthen its standards for geotechnical reports required for development that may affect these areas.
A PDF of the entire report can be viewed at the COUNTY WEB SITE
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