2010 Completion of Critical Areas Ordinance Unlikely — Local “Best Available Science” at Issue

By Stan Matthews
County Communications Program Director

Members of the San Juan County Council on Tuesday, April 27, agreed that it was unrealistic to try to complete work on updates to the County’s Critical Areas Ordinance this year. However, they supported having work by science and wetlands consultant Paul Adamus proceed “full speed ahead,” and did not blink at the County Administrator’s estimate that the project would cost between $145,000 and $180,000, including up to $95,000 for Dr. Adamus’ work.

The update of the ordinance designed to protect areas deemed critical to the environment and quality of life in the County is required under the state’s Growth Management Act. The update was originally due in 2005, and then the regional Growth Management Board extended the deadline to 2006. A draft ordinance, prepared over a three-year period by County staff and a citizen’s committee was completed in 2009, but it did not find favor with the Council.

Tuesday Prosecutor Randall Gaylord told the Council that the task ahead was larger than expected. He said a recent act of the State Legislature requires critical area ordinance updates to cover both upland and shoreline areas of the County. Previously, in response to a Washington Supreme Court ruling, he had advised that only regulations protecting areas more than 200 feet from the shoreline needed to be updated.

Council member Rich Peterson reacted to the news saying, “It’s ridiculous to think we could finish this in 2010 with everything else we have to do.”

By general agreement, the Council asked County Administrator Pete Rose to bring a revised work plan and timeline for the development of CAO updates to the Council to present at a newly scheduled meeting next Tuesday.

The most contentious portions of the proposed 2009 update concerned the type of restrictions which should be placed on development and land use around wetlands, shorelines, and fish and wildlife habitat. A property rights group specifically questioned whether the scientific studies which guided the development of the Ordinance were germane to the San Juan County island environment.

Science consultant Dr. Paul Adamus, who guided the development of “tailored” wetlands regulations for Island County’s Critical Areas Ordinance attended Tuesday’s meeting and agreed with concerns about the timelines.

He has already begun reviewing scientific literature and, over the weekend began work at San Juan County’s GIS division viewing maps, aerial photographs and data from laser topographical scans (LiDAR) to select sample wetlands to study.

Adamus’ work, both on wetlands and in reviewing scientific studies, including studies suggested for inclusion by the community, to adopt as “Best Available Science” in drafting the CAO update is now scheduled for completion this fall; however he told the Council Tuesday that if his work is extended to include critical areas abutting the shorelines, that schedule will need to be extended.

Though the County is now four years beyond the latest GMA deadline for completing the CAO updates, enforcement actions are only triggered by complaints, and thus far no complaints have been filed.

County Administrator Pete Rose said that he is exploring alternatives to fund the project to ensure that it does not aggravate the county’s anticipated revenue shortfall. The administration is now trying to implement budget reductions to fill a gap that County Auditor Milene Henley has estimated will total $283,000.