In the aftermath of the Oso mudslide, policymakers took stock: Are there meaningful steps the state and Snohomish County can take to limit future slide-related loss of life?
Even a common sense, “what if” inquiry is sidelined by the liability specter, especially inference of lax zoning or muddled land-use practices. The Joint SR 530 Commission can scrutinize the geology and the emergency response, for example, but it can’t “act as a substitute for the courts in any way,” per its operating principles, and needs to avoid questions of cause or fault.
Thankfully, there are options that safely navigate the liability mine field. In May, state Lands Commissioner Peter Goldmark pushed a new rule requiring a detailed geotechnical report on applications for timber-cutting permits near unstable slopes. (The rule doesn’t apply to already approved cuts.)
As The Herald reported Monday, the state Forest Practices Board hopes to codify the rule. And it’s zeroing in on groundwater-recharge zones and areas with high glacial sediment where deep-seated landslides often occur — a pattern visible though the use of Lidar technology.
“We’re making good progress toward increasing our management scrutiny,” said Dave Somers, Snohomish County Council Chairman and a board member. “I think there are still questions about what we do with this information particularly where the public and public resources are at risk.”
The scary part: On Thursday, the board was told of 45 approved timber-cut applications since 2003 close to deep-seated landslides and recharge zones. The board will learn more details about the applications at their November meeting. Somers also asked why unstable-slope evaluations don’t factor in whether people are living nearby. It’s a humans-are-irrelevant policy that needs to go.
A moratorium on timber harvests near unstable slopes, while the safest option, isn’t politically tenable. The acid test will be what specific rules and enforcement the Department of Natural Resources presents at the Forest Practices Board’s November meeting. It can’t be window dressing, and the onus is on Goldmark to put the public interest first.
Somers deserves praise for his post-Oso leadership. On Aug. 27, he and the other members of the County Council sent a polite nudge memo to Snohomish County Executive John Lovick, underlining the council’s two emergency ordinances from June, including a request for a work plan from the executive and any proposed policy changes for development near landslide-hazard areas.
This is hard work, but the mission is plain: When in doubt, err on the side of public safety.
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