Frequently Asked Questions

Wetlands are areas characterized by the following three conditions – all must be present in order to be classified as a wetland: A. Hydrology – wetlands must be areas that are saturated or wet for at least two weeks during the year. B. Vegetation – there must be a predominance of specific indicator plants that are able to survive in oxygen depleted soils or coverings, and C. Soil – contain hydric soils that are extremely dark or grey with rust spots/streaks.

Artificial wetlands intentionally created from non-wetland areas for the following reasons are not regulated as wetlands by Island County : irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, landscape amenities, or wetlands unintentionally created due to road construction after July 1, 1990 .

2. Why do we protect wetlands?

Wetlands are protected mainly because they can improve and protect the quality of our surface and ground water, and provide habitat for many wildlife and plant species that cannot flourish in other Island County environments. Wetlands can also control flooding.

3. What are buffers?

Buffers are undisturbed vegetated areas that surround a wetland. They are intended to help ensure that wetlands function properly. Buffers provide habitat, filter surface water and contaminants that drain to wetlands, and help maintain the local temperature and humidity that are important to survival of wetland animals.

4. I think I have a wetland. How can I find out what type it is?

A good starting point is to look at the Island County Wetland Maps (available on-line and at Camano and Coupeville County Planning offices). These maps categorize all known wetlands under both the current and proposed regulations. Some wetlands may not presently appear on the maps because they are on privately owned property. Pending a development proposal from the landowner, a County wetlands professional may in turn determine that the unmapped critical area is subject to protective regulation, and add it to the map at that time.

A wetlands identification guide and checklists will be available for you to utilize in self-evaluating your land's characteristics. A County wetlands professional can then confirm specifics of your site, if you decide to develop it, and work with you to avoid or reduce critical area impacts.

5. Can I restore my wetland?

Voluntary restoration is encouraged. This might include removal and replacement of non-native vegetation with native plant species, or other changes to improve the water quality and habitat. Contact your County Planning Department for more information.

6. What is allowed in a wetland buffer?

The proposed changes will allow development within a buffer, but it is limited to passive recreation, such as trails, wildlife viewing or educational or scientific studies. Seasonal maintenance may be performed. Alterations to a wetland buffer may be possible if a development proposal has been adjusted to avoid or reduce impacts to the lowest level of intensity.

7. What is a "Development Proposal"?

Any activity that requires authorization from Island County for a Lot that contains or is affected by a Critical Area or Critical Area Buffer. Development Proposals include Building Permits, Subdivisions, Short Subdivisions, PRD's, Conditional Use Permits, Site Plan Approvals, Clearing and Grading Permits. The requirements of Island County 's Critical Areas Chapter are only applied to Development Proposals.

8. I have a wetland on my property. What do these proposed changes mean for me?

The proposed regulations, when adopted, will apply to any new land use activity requiring a development proposal where wetlands will be affected. Then, a County wetlands professional will work with you so your plan avoids or reduces impacts to critical areas. Rather than a "one-size-fits-all" standard, wetland protection (buffer size) will be determined by using "site specific" criteria. The adaptive nature of these draft rules will ensure that land resources are protected and property owners are treated fairly.

9. If the regulated wetland is on my neighbors property can the buffer extend on to my property?

Yes. Wetland & buffers are not limited by property boundaries.

10. I don't own land with wetlands, and there are none adjacent to my property. Would these proposed rule changes affect me?

Yes and No. The new regulations themselves will not likely affect you or your land's existing or future use directly, but a significant benefit to everyone will be improved water quality and habitat protection throughout our islands for the coming years.

11. I own land inside city limits. Do these rules affect my property?

No. Your County's existing and proposed wetland regulations are only for lands that are located in Unincorporated Island County - areas outside the city limits of Oak Harbor , Coupeville, or Langley . Each of these municipalities has its own set of land use regulations for properties within their boundaries. Interlocal agreements between Island County and each municipality specify how land may be developed in Urban Growth Areas.

12. How can I make sure that my opinion about these proposed regulations is considered?

There are many opportunities for your comments or suggestions to be heard. Participating at any (or all) of our upcoming Workshops and this fall's Planning Commission Hearings is a good way to get your point across. For more information, please see Section 2.

13. My lot has a wetland; can I still build a house on this vacant parcel?

In most cases, a parcel that can support a building site, septic and potable water (offsite or other alternatives may apply) should continue to be capable of having a single family home built on it. This is accomplished through what is called the "Reasonable Use" process, which balances protection of the land's resources with fairness to the land's owner.

14. Will these wetland rules affect my ability to subdivide my property if I have wetlands?

Yes they will. Generally the county will not allow a subdivision that will necessitate an intrusion into a wetland or its buffer.

15. How will the new rules affect me if I own a lot with wetlands but that was legally subdivided and shows the wetland boundary, buffer and buildable area if under the new rules the buffer is either larger or smaller? How will the County regulate me when I apply for a building permit?

It is your decision to either continue with the requirements of your parcel as shown on the face of the subdivision or to choose to go with the requirements of the new Critical Areas Ordinance.

16. What happens if there is a violation of the new wetland regulations?

Wetland violations are a top priority and receive a $5000 fine plus $500 per day until the violation is fixed.

17. I thought the County already determined that wetlands in Island County are in pretty good shape. If the current rules are working, why are the rules changing?

It’s true that wetlands in Island County are in pretty good shape, but we continue to grow as a community. We are updating the regulations to keep up with current science associated with the protection of wetlands and to make sure that our conditions continue to stay healthy. Our current regulations are not based on the science of today.

18. How are my property taxes affected by wetland regulations?

In determining the fair market value of your land the Assessor’s Department is to consider the protection and buffering requirements of the regulations.

19. Are these proposed regulations more or less restrictive than the current ones?

Neither - they are more adaptive. The buffers for wetlands may be less, some may increase, and others will remain the same. The proposed approach takes into account impact intensity, nearby land use, topography, soils, and other characteristics to provide appropriate protection where it is needed. The end result will be buffers that are based on and supported by science, specific to each site.

20. Won't a mitigation fee allow a landowner to simply buy themselves out of protecting a wetland?

No. Mitigation fees are the last resort and are required when a parcel is so small that on site compensation is impractical, and other options prove unfeasible. Mitigation fees will be used to restore or acquire other wetlands on Camano or Whidbey.

21. How did the County come up with these standards?

Washington Department of Ecology has published statewhide recommendations and guidance materials which have been adopted by many counties. Island County's Commissioners and the Planning Commission identified a need to customize local rules to specialized conditions unique to our county, and did so in consultation with Dr. Paul Adamus, a wetland scientist, and Keith Dearborn, a land use attorney. Their recommendations have been double-checked by a panel of noted local and national scientists, and by state agencies including the Departments of Fish and Wildlife (DFW), Natural Resources (DNR), Ecology (DOE), and Community, Trade and Economic Development (CTED). Last, but by no means least, many citizens have offered their comments and suggestions.

22. When do the wetland regulations affect me?

These standards are applied when any type of development is occuring on a property. If it is determined that there is a wetland or wetland buffer that affects your property, your application for Building Permit, Subdivision, Short Subdivision, PRD, Conditional Use, Site Plan Approval, Septic, or Clearing and Grading is subject to these standards. Wetlands and their buffers are not limited by property boundaries.

23. I conduct agricultural activities on my property. Do these affect me?

The rules that govern existing agricultural activities are contained under a separate ordinance. Those rules were appealed to the Western Washington Growth Management Hearings Board. While the Hearings Board found that our County's rules complied with the GMA, Whidbey Environmental Action Network appealed the Growth Board's decision to Thurston County Superior Court which is currently reviewing the matter. Recent state legislation was enacted that prohibits the adoption of new agricultural rules until a state panel makes recommendations on management strategies that protect agriculture and the environment. So the new ordinance does not affect existing agricultural activities.

24. It seems like the County has been updating its Critical Areas Ordinance for a long time; what has been accomplished?

The County bean updating its Critical Areas Ordinance in 2005 and has accomplished the following milestones:

Steep and unstable slope update - COMPLETED
Aquifer Recharge Area update - COMPLETED
Frequently Flooded Areas - COMPLETED
Existing Agriculture in Critical Areas - COMPLETED

Appealed by WEAN (Whidbey Environmental Action Network) to WA Growth Management Hearings Board. The Board upheld Island County's program Sept. 14, 2006. WEAN subsequently appealed the Growth Board's Findings to Thurston County Superior Court, Oct. 30, 2006 whre the matter remains pending.
Wetland Regulations Update - In Process
Fish & Wildlife Update (Stream Regulations) - to be presented for public comment in early 2008

If you didn't find your answer here, please give us a call or E-mail Neighborhoods@co.island.wa.us