Edmonds considers pausing development in Deer Creek aquifer

Published 1:30 am Friday, February 6, 2026

EDMONDS — The Edmonds City Council discussed Tuesday issuing a moratorium on development in a critical area after updating its regulations to prohibit stormwater wells.

The six-month moratorium would cover the Deer Creek Critical Aquifer Recharge Area, which stretches from Deer Creek in Woodway to Highway 99 in south Edmonds.

Since November, the City Council had been discussing a new version of its Critical Areas Ordinance, a set of development and land management regulations for environmentally sensitive areas, including critical aquifer recharge areas.

On Nov. 25, city staff presented the council with a version of the ordinance that prohibited developers from constructing stormwater wells in the Deer Creek Critical Aquifer Recharge Area. Staff wrote that version of the ordinance with assistance from the Edmonds Environmental Council.

Environmentalists said stormwater wells in the area could lead to Per- and polyfluoroalkyl substances, or PFAS, contaminating the area’s drinking water.

Known as “forever chemicals” because they take centuries to break down, PFAS can cause serious health effects, including certain cancers, liver damage, and reproductive and developmental issues.

On Dec. 16, to the surprise of the environmental council, city staff presented an updated version of the ordinance that would allow stormwater wells in the area. City Attorney Jeff Taraday said prohibiting wells could lead to litigation from developers and difficulties processing permits due to conflicts with the city’s stormwater code.

On Jan. 6, the City Council voted 4-3 to adopt the November version of the ordinance, prohibiting stormwater wells in the Deer Creek Critical Aquifer Recharge Area. At the time, the council chose not to issue a moratorium on development.

On Tuesday, city staff asked the council to consider a six-month moratorium, pausing new development while the city conducts a study on PFAS in the area. Staff said the new regulations effectively prohibit stormwater filtration, which they said is the only feasible method of stormwater management in the basin.

“There’s no clear pathway to approval for projects needing stormwater filtration, whilst applicants would still incur permit costs,” said Mike Clugston, director of the city’s planning and development department. “There would be increased or procedural risks associated with permit denials, and staff time would be spent, in some instances, processing futile applications.”

Adopting a moratorium, Clugston said, would provide short-term certainty. However, it could lead to legal risks and less revenue from permit and impact fees, he said.

Some council members were supportive of the moratorium.

“We’re setting up a process only to go through the applicants’ expense and our staff time, to get to this result where nobody’s gonna feel quite satisfied, where a moratorium is pretty black and white,” Eck said.

Others were hesitant or wanted more time to discuss the moratorium.

“In general, I don’t like moratoriums,” council member Will Chen said. “It’s just not a good way to govern.”

The council will continue discussing the moratorium on Feb. 10. If adopted, the city will hold a public hearing within 60 days, with an estimated March 3 date.

Jenna Peterson: 425-339-3486; jenna.peterson@heraldnet.com; X: @jennarpetersonn.