Lake Stevens fine-tunes environmental rules

Published 11:07 pm Sunday, February 10, 2008

LAKE STEVENS — The dirt stirred to the surface by disagreement over environmental protection in Lake Stevens last year appears to be settling back down.

Still, the leader of a watchdog group that filed a lawsuit over the matter last year isn’t yet convinced the waters are clear.

The city has written a new set of rules that increases the buffer between construction projects and streams and wetlands.

The plan also allows flexibility in those no-build zones through techniques such as use of porous concrete, wetland restoration and other environmentally friendly measures.

Public hearings are planned for next month.

“We’re coming away with the best of both worlds,” said Mayor Vern Little, who had opposed further expansion of the protection areas. “It’s absolutely the right thing to do.”

The leader of an environmental group that filed a legal action against the city over the rules isn’t yet convinced, however.

Kristin Kelly, program director for the local chapter of Futurewise, a Seattle-based organization, said she’s not sure the flexibility options will provide enough protection.

“We’re going to be looking at that,” she said.

The City Council last spring approved modest increases in no-build zones around the city’s wetlands and streams. The increases were approved after input from the chamber and others.

But at the time, Councilwoman Suzanne Quigley said the rules still fell short of those in use by Snohomish County and those recommended by the state. She and three other council members called for the city to make the protection areas larger.

This move met resistance from other council members, Little and members of the Greater Lake Stevens Chamber of Commerce, who said expanding the buffer zones could jeopardize future redevelopment of downtown Lake Stevens.

Two streams run through the downtown area, which is next to wetlands and the lake.

City staff agreed to go back to the drawing board.

Meanwhile, over the summer, Futurewise and the Pilchuck Audubon Society filed an appeal with the state Growth Management Hearings Board. They asked the state to nullify the city rules passed in the spring. The group has agreed to keep the action on hold until the new plan is fully vetted.

The new rules widen no-build buffers by 50 feet, from 100 to 150 feet, for the highest-quality streams from an environmental and habitat standpoint.

It increases the distances for the next category of stream from 75 feet to 100 feet. The streams in downtown Lake Stevens fit into one of these two categories, planning director Becky Ableman said.

For wetlands, the distances are increased from a high of 150 feet to a high of 190, depending on land use and wetland quality.

Kelly has another concern.

The city’s rules do not cover the lake, Ableman said, because those are addressed by the state Shoreline Master Program. In Lake Stevens, the required setback from the lake is only 50 feet.

According to Kelly, the city’s ordinance has to apply to the lake as well if its protections are greater than those provided by the state, based on “best available science.”

Quigley, who originally proposed the stricter rules, said she’s happy with the new plans, so far. She said she’s looking forward to input from the state and others.

“I think we’re moving in a ­really good direction,” she said.

Reporter Bill Sheets: 425-339-3439 or sheets@heraldnet.com.