Critical Areas Update Coming Round the Bend

County Council Member Patty Miller, representing Orcas West, says that the Critical Areas Ordinance (CAO) update IS happening, and mostly according to the work plan the Council set for 2011.

There has been a great variety of suggestions about solutions, Miller says, but “very little consensus.

“Now is the time to get involved and know how it will impact you,” she advises.

The CAO updates are regulations designed to preserve areas vital to ecological functions and to the protection of public health, safety and welfare.  The development ordinances are required under the state Growth Management Act (GMA) in which the County agreed to participate in 1991. The County previously adopted laws regarding environmentally sensitive areas; some of those laws are used, along with recently agreed-upon “best available science” research in formulating the CAOs.

The updates were originally required to be completed in 2006; however, in 2010  the State Legislature added that updates be formulated for the uplands areas as well as the county shoreline areas. Previously, in response to a Washington Supreme Court ruling, only regulations protecting areas more than 200 feet from the shoreline needed to be updated.

Now, the areas considered for the updates are:

• Wetlands;
• Marine Fish and Wildlife Habitat Conservation Areas;
• Upland Fish and Wildlife Habitat Conservation Areas;
• Frequently Flooded Areas;
• Geologically Hazardous Areas;

A two-day joint workshop held on June 13-14, attended by the County Planning Commission, scientists, County Planning and Development staff and the public, considered recommendations for updates to existing Critical Areas regulations.

In May there was also a two-day session in which the Council reviewed the “Best Available Science” Synthesis. The state requires counties to consider the Best Available Science concerning the protection of critical areas as it updates its CAO.

The Council reached agreement of which Best Available Science  (BAS) research should be used in the update process. The documents showing the synthesis of science agreed upon can be viewed at the county website, at sanjuanco.com/cao/BAS_Synthesis. Copies are also available at the Public Library.

County staff will create the next draft to bring before the Planning Commission and the Council, and ultimately, the public. Now the process involves reviewing existing regulations in the light of the science synthesis. Consultants,  many of whom were involved in reviewing the BAS, will work with county staff.

Each section are moving through the process to recommend ordinance changes, Miller said, with the sections on wetlands and upland fish and wildlife,  and marine fish and wildlife already completed. Dr. Paul Adamus advised on the wetlands and upland fish and wildlife sections, and Herrera Environmental Consultants did the marine fish and wildlife elements, and county staff reviewed the hazardous and frequently flooded section. Much of this review has been done simultaneously with the definitions of BAS.

On July 15, County Planning and Development will meet in Friday Harbor to consider the updates regarding geologically hazardous areas and frequently flooded areas.

Ahead,  the council will review and likely modify and adopt the sections, module by module, Miller says; all sections will go into effect at the same time. Miller expects the council’s review to be completed at the end of the year.

The public part of the process is continuing by giving input on the recommendations. Public Comment will be heard at the Planning Commission and the Council “touches” where they publicly announce the pending regulations. These are usually changed at some level, Miller says.

There will also be comments from the Departments of Ecology and Health that will affect the process. Letters and Town Hall meetings will air the changes before the council adopts a final ordinance, by which it becomes law — unless it is challenged by the Department of Ecology, or by a citizen or organization; then it goes before the Growth Management Hearing Board.

No final deadline is mandated by the state; but the Council is required to demonstrate to the State Department of Ecology that it is making progress on the updates.

The process is moving forward and Miller expects the regulation updates “won’t take another three to six years in the making, but will happen by the first part of next year.”