CRITICAL AREAS
Island County Planning and Community Development

    A Division of Island County Government  Today is:       
 
 
   CRITICAL AREAS ORDINANCE 2005-2008 UPDATES

DESCRIPTIONS
REGULATIONS
HISTORY

DOCUMENTS & MAPS

EVENTS
CONSULTANT LITERATURE

FREQUENTLY ASKED QUESTIONS

Critical Area Update - Status

Wetlands  (effective July 1, 2008)

Fish & Wildlife Habitat Conservation Areas (update in progress)

Geologically Hazardous Areas (completed April 2006)

Frequently Flooded Areas (completed August 2005)

Critical Aquifer Recharge Areas (completed July 2005)

Agriculture (completed Fall 2006) On hold pending a lawsuit filed by WEAN (Whidbey Environmental Action Network) in Thurston County.

     Welcome to the homepage for the Island County Critical Areas Ordinance Updates. Click on any of the links listed below to find out general information on each topic. We appreciate your interest and involvement. 

WETLANDS ORDINANCE ADOPTED

     On March 17, 2008 Island County Commissioners adopted an updated Critical Areas Ordinance (CAO) for future development of property affected by wetlands. The new rules go into effect July 1, 2008.

The revised regulations are the culmination of nearly 3 years of work to modernize the County's 23-year-old wetland protections, and are based upon Best Available Science as stated by State regulatory agencies.

The new CAO is unique in comparison to other jurisdictions across Washington. Rather than a "one-size- fits-all" approach, Island County's regulations are instead highly adaptable to each location where development is proposed. They are site-specific.

If property is affected by wetlands or a wetland buffer, the type and function of the critical areas are considered along with the intensity of land use being proposed.

Buffer size - sometimes called "wetland setback" - is

  Click Here to learn more   about the different types of wetlands in Island County!

thus based upon the conditions particular to each development proposal. A buffer is a vegetated strip around a wetland that filters surface water and contaminants and provides habitat for many species that cannot flourish in other environments.

Under the new CAO, some buffers will be larger than current regulations require; others will be smaller, and some will remain the same. A buffer's size is based upon whether it provides high quality habitat value or water quality protection.

The process will be collaborative between planners and landowners. A proposal for a single-family residence on a 5-acre parcel is generally a less intense use of land than a commercial development.

Do-it-yourself user guides have been created for landowners who choose to identify wetlands on their parcel, without having to hire wetland professionals. Upon request, county planners will even visit a property in advance of a permit application, to verify presence of wetlands and make a buffer determination.

All landowners are assured of "Reasonable Use" under the new CAO. This means the wetland rules will not preclude them from building a home on their property. However, adjustments maybe necessary as to the overall structural footprint of their home, or where they site their structures, access, well or septic system.

The Rural Stewardship Plan, provides landowners of parcels one-acre in size or greater, incentives to learn and practice conservation strategies for long-term development goals or property tax benefits.  If land is affected by wetlands, and is managed under an approved Rural Stewardship Plan, it can qualify for a smaller wetland buffer size.

Rural Stewardship Plans also allow landowners to have expedited permit review - head of the line privileges. Plan requirements will be recorded by the the County on the property title or deed.

The type and size of wetlands protected under the new CAO have also changed. A fifth category of wetland has been added; wetlands will now be categorized A-E, ranked by relative significance:

          A = Bog, Coastal Lagoon, Delta Estuary, Mature Forested

          B = Large Ponded, Anadromous Fish Stream, or Associated with a Category A wetland

          C = Mosaic, Estuarine, Resident Salmonid Stream

          D = Native Plant, Ponded

          E = All other wetlands

The size threshold has also changed; some wetlands as small as 1000 sq. ft. will now be regulated, from the previous 1/4 acre minimum.

Back in 1984, Island County's wetland regulations were a forerunner of state mandates. These early protections and other land use rules adopted since then have helped keep critical areas in the County healthy, as documented in the Island County Wetlands Profile of 2005. Over 100 local wetlands were studied by Dr. Paul Adamus, nationally recognized biologist, and his review became the foundation for his subsequent Best Available Science for Island County Wetlands, published this past year.

Utilizing this data, the proposed new CAO was drafted. Over the spring and summer, numerous public workshops were conducted to solicit comments and questions. State agencies - Department of Ecology, Natural Resources, Fish and Wildlife, and Community Trade and Economic Development - reviewed the draft, as did peers in the scientific and professional fields.

By late fall, the County's volunteer Planning Commission reviewed a fine-tuned version, which also included public workshops and hearings. Following their vote to recommend approval of the regulations in late December, the Board of Island County Commissioners has been reviewing the updated CAO since January.

The final amendments to the documents are currently being incorporated into the finished ordinance. These materials will be posted on this webpage on Friday, March 21, 2008.

 

Click Here for 10 Quick Facts about the Updated CAO

 

Signed Version  Cover Ordinance C-02-08 and Exhibits A -G & J. Updated 4/22/08 this document was converted from the scanned version placed online 4/16/08 to a smaller sized document for the benefit of those unable to download large files. 

From 3/21/08 to 4/16/08 the version posted on the web did not show 2 changes adopted by the Board on 3/17/08. These changes are located on page C-35, at c. (i) and the second line in the table in c. (ii).

The language for both of these changes was contained within Amendment # 4 considered by the Board at the Public Hearings, but the changes were not reflected in the document posted below. To view the signed version of the full text of the newly updated Wetland Ordinance including the changes referenced above, please click on the above link labeled "Signed Version". 

Due to the overall size of the documents, Exhibits H & I have been posted separately.

Click Here   for the full text of the newly updated Wetlands Ordinance, effective July 1, 2008

Exhibit J Findings 

Exhibit H - Wetlands ID Guide (2.75 MB)  (Text in this Guidebook is being revised - 

                                                 However the process, information and forms will remain unchanged.)

Exhibit I - Rural Stewardship (2.5 MB)  -  (Text in this Guidebook is being revised - 

                                                 However the process, information and forms will remain unchanged.)

Technical revisions were made to the above documents. The changes were not substantive; rather, they deal with clerical corrections. On June 2, 2008 these changes were brought before the Board of Island County Commissioners for discussion. The Board set a hearing for June 23, 2008 at 2:20 p.m., C-63-08 In the Matter of Adopting Technical Changes to the Wetland Ordinance adopted under C-02-08.

Exhibit J; Findings, page J-15 explains these technical changes. Due to the size of the documents, they have been placed below in two formats. The first is the full version as reviewed and initialed by the Prosecuting Attorney's Office. The second version breaks the document into several smaller pieces.

Scanned, as initialed 6-9-08 version Full text of the newly updated Wetlands Ordinance, effective July 1, 2008, with proposed technical changes.

Smaller Cover Ordinance C-63-08 includes Exhibits A-G.

Exhibit H I - Land Use Intensity Worksheet

Exhibit H II - Field Indicators Worksheet

Exhibit I  - Rural Stewardship Worksheet

Exhibit J - Findings

 Background Information:

Best Available Science (BAS) for Wetlands of Island County (806 KB) -Revised, Nov. 2007

Wetlands Phase 1 Report - Profile of Characteristics, Functions, and Health of Island County Wetlands (3.13 MB) August 2006

Frequently Asked Questions (FAQ's) about the new wetlands update! - updated March 2008

Wetlands Overview (985 KB) August 2006 - Pamphlet describes "wetlands" in general terms - what they are, why they're important, how they've been regulated over the past 20 years.  

(If you have a slow internet connection, you can right click on any of these links and choose "save target as" to save a copy to your computer.)

OBJECTIVES OF THE CAO (Critical Areas Ordinance) UPDATES:

Fair and Inclusive Process - Throughout the update process, Island County Planning and Community Development (ICPCD) worked directly with citizens and advisory groups; hosting informational workshops, public meetings and hearings; and providing information on this website and through other community venues, to make the update process as open as possible. 

Policy Integration - A key objective of the update process is to streamline regulations by addressing unnecessary overlaps, inconsistencies and gaps; integrating CAO regulations with other regulatory and policy documents; and ensuring that the policies and rules are specific to the uniqueness of Whidbey and Camano Islands.

Compliance with State Guidelines - Periodic updates of the CAO are mandated by the Washington State Growth Management Act.  The update must be based on the most recent and Best Available Science (BAS).

GENERAL PROCESS for updating Island County's Critical Areas Ordinance:

  • Update critical area inventories and maps by incorporating new information and resources
  • Use best available science in designating and protecting critical areas
  • Evaluate and update existing policies and regulations
  • Evaluate the classification and designation of critical areas
  • Evaluate the development review process
  • Review the CAO for consistency with other policy and regulatory documents
  • Provide opportunities for public involvement throughout the update and adoption process.

Besides department staff, professionals and the following specialists have worked to help us develop an adaptable approach to protecting critical areas and private property rights that is unique to Whidbey and Camano Islands:

Keith Dearborn - Resume  (15 KB)
Representing Island County during update process
Paul Adamus - Resume  (85 KB)
Consultant for wetlands & FWHCA (Track 3) Updates 
Nan Henriksen - Resume  (100 KB)
Consultant for GMA Update, CAO Update, etc.

Roger Wagoner - Resume (114 KB)

Consultant for CAO Update.
   
Peer Review Group

Teresa Lewis, Margaret Clancy, Teresa Vanderburg, Aram Calhoun, Mac Hunter, Richard Horner, John Richardson

 

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