Developers say a now-removed restriction had the unintended consequence of creating “no man’s lands” of unused space along the edges of newly built neighborhoods. (Merle Ash)

Developers say a now-removed restriction had the unintended consequence of creating “no man’s lands” of unused space along the edges of newly built neighborhoods. (Merle Ash)

County allows developers to grade up to property lines

Developers supported the change, but opponents said it could put neighboring properties at risk.

EVERETT — The Snohomish County Council voted Wednesday to get rid of a rule that prevented developers from grading with 2 feet of a property line.

Developers said the restriction had the unintended consequence of creating “no man’s lands” of unused space along the edges of newly built neighborhoods, but some homeowners believe it puts their land at greater risk.

“This 2-foot rule effectively does not let people use the property they own and pay taxes on,” said Lynn Eshleman, a developer who has long been active in south Snohomish County.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

The County Council voted 4-1 to allow grading and clearing up to the property line. Councilwoman Stephanie Wright voted in opposition.

At the hearing, Eshleman and others contended that the 2- to 4-foot spaces left along property lines —often closed off by fences or retaining walls— become magnets for trash, rodents and squatters. They also prevent a landowner from developing a property to its full potential, adding extra costs and decreasing housing densities.

Many in the audience disagreed.

Eric Adman, president of the environmental group the Sno-King Watershed Council, countered that the change was motivated by profit, not any greater good.

“I believe this is primarily a developer-sponsored ordinance to allow more houses per lot, which is going to have the net effect of making more money for the developers, but I do not believe it will increase the goals of creating more affordable housing and I believe it will have some adverse effects,” Adman said.

Some of those effects, he said, include damaging the root structure of trees on adjacent properties and forcing neighbors to allow workers to trespass on their property for construction and maintenance.

Nearly two dozen people spoke at the hearing. Many live next to the controversial Frognal Estates subdivision in the Picnic Point area southeast of Mukilteo, where a developer recently clear-cut woods after winning a series of court challenges.

The rule change was recommended by the county Planning Commission. Some opponents who spoke Wednesday criticized Planning Commissioner Merle Ash of Arlington for not recusing himself from those deliberations. A consultant, Ash has played a lead role shepherding the Frognal project through the county’s land-use approval process. Ash spoke at the hearing to defend himself.

The new grading rule applies across all unincorporated areas. County Executive Dave Somers’ administration endorsed it.

Before the change, a developer could grade up to the edge of the site, only if the neighboring landowner granted permission. That was often hard to obtain. Now, it’s no longer needed.

Neighbors still have protections for steep slopes and significant trees on their property. Opponents, however, said those safeguards are weak.

Mike Pattison, a lobbyist for the Master Builders Association of King and Snohomish Counties, said the 2-foot buffer was adopted a decade ago, during the recession. Its negative impacts weren’t immediately obvious during the lull in housing starts. Pattison said neighbors still have the ability to challenge proposed grading activities.

The new ordinance adds a requirement for construction plans to be stamped by a licensed engineer when they include earth-moving within 2 feet of a project’s boundary line.

Noah Haglund: 425-339-3465; nhaglund@heraldnet.com. Twitter: @NWhaglund.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Cars drive along Cathcart Way next to the site of the proposed Eastview Village development that borders Little Cedars Elementary on Wednesday, May 7, 2025 in unincorporated Snohomish, Washington. (Olivia Vanni / The Herald)
Former engineer: Snohomish County rushed plans for Eastview development

David Irwin cited red flags from the developers. After he resigned, the county approved the development that’s now stalled with an appeal

Outside of the Madrona School on Monday, Aug. 26, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Sewer district notifies Edmonds schools of intent to sue

The letter of intent alleges the school district has failed to address long-standing “water pollution issues” at Madrona K-8 School.

Everett
Man stabbed in face outside Everett IHOP, may lose eye

Police say the suspect fled in the victim’s car, leading officers on a 6-mile chase before his arrest.

A person walks up 20th Street Southeast to look at the damage that closed the road on Wednesday, Nov. 20, 2024 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
WA delegation urges Trump to reconsider request for bomb cyclone aid

The Washington state congressional delegation urged President Donald Trump on… Continue reading

Aaron Weinstock uses an x-ray machine toy inside the Imagine Children Museum on Tuesday, Dec. 3, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Imagine Children’s Museum $250k grant reinstated following federal court order

The federal grant supports a program that brings free science lessons to children throughout rural Snohomish County.

Snohomish County 911 Executive Director Kurt Mills talks about the improvements made in the new call center space during a tour of the building on Tuesday, May 20, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
New 911 center in Everett built to survive disaster

The $67.5 million facility brings all emergency staff under one roof with seismic upgrades, wellness features and space to expand.

Everett
Five arrested in connection with Everett toddler’s 2024 overdose death

More than a year after 13-month-old died, Everett police make arrests in overdose case.

Madison Family Shelter Family Support Specialist Dan Blizard talks about one of the pallet homes on Monday, May 19, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Madison Family Shelter reopens after hiatus

The Pallet shelter village, formerly Faith Family Village, provides housing for up to eight families for 90 days.

Searchers recover submerged shrimp boat, two bodies from Possession Sound

Everett police failed to locate a third person reported missing after the boat sank in Possession Sound on May 21.

The Everett Municipal Building on Thursday, Feb. 29, 2024 in Everett, Washington. (Annie Barker / The Herald)
Everett Municipal Building to close for two weeks

The closure is part of the building’s $36 million repair project. City staff will be accessible by phone and email during business hours.

Help Washington manage European green crabs with citizen science events

Washington State University and Washington Sea Grant will hold a training at Willis Tucker Park on June 2.

Emilee Swenson pulls kids around in a wagon at HopeWorks' child care center Tomorrow’s Hope, a job training program for people interested in child care, on Tuesday, Sept. 7, 2021 in Everett, Washington. HopeWorks is one of the organizations reciving funding from the ARPA $4.3 million stipend. (Andy Bronson / The Herald)
Early learning group presents countywide survey findings

The survey highlighted the largest issues parents and providers are facing amid the county’s child care crisis.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.