EVERETT — The Tulalip Tribes and environmental groups are challenging some of Snohomish County’s recently adopted land-use rules, arguing that they don’t go far enough in protecting wildlife habitat, water quality or humans in slide areas.
Representatives from the tribes, Pilchuck Audubon Society and Futurewise made their case Tuesday to the Central Puget Sound Growth Management Hearings Board. The board must issue a decision by Feb. 20.
The appeals involve the critical areas regulations the County Council passed in September 2015. The tribes, Futurewise and Pilchuck Audubon filed their challenges later that year. They’re asking the board to issue an order that would force the county to rewrite some critical areas rules.
Under Washington’s Growth Management Act, the county and other local governments are required to adopt development regulations to protect critical areas, including wetlands and habitat for fish and wildlife. State law directs the county to use the best available science.
“Our main concern is not so much the base buffer but the buffer reductions they allow,” said Tim Trohimovich, director of planning and law for Futurewise, a Seattle-based nonprofit focused on growth policies. “There is a whole series of ways you can reduce buffers beyond what they should be based on the best available science.”
Under county rules, developers under certain conditions can reduce buffers by up to half, Trohimovich said. Studies used by the state Department of Ecology suggest such exceptions shouldn’t exceed 25 percent. The county’s critical areas rules set out a minimum separation of 250 feet from wetlands recognized as having a high conservation value.
Futurewise and Pilchuck Audubon also argue that the county lacks adequate protections for well water. They want the county to make developers guarantee available well water on property before allowing development.
Another prong in the case involves county rules for building near slide hazards. For slopes at least 10 feet high and with a grade of at least 33 percent, the county defines the hazard area as twice the slope’s height. From the top of the slope, the hazard area is equal to the height. That means that near a steep, 200-foot-tall hillside, a developer would have to provide a geotechnical study for any building within 400 feet of the bottom of the hill and within 200 feet of the top.
The county planning director has the discretion to extend the study area for landslide hazards.
Trohimovich said Futurewise is arguing in favor of custom buffers based on the local geology.
An attorney for the tribes wrote that Tulalip representatives tried unsuccessfully to work with county officials in crafting the rules back in 2015.
“However, the Tribes’ concerns were largely unheeded, and the county adopted (critical areas regulations) revisions that, in fact, erode protections for critical area functions and values,” reservation attorney Anthony Jones wrote.
Tuesday’s hearing took place at the Tulalip tribal government complex.
Noah Haglund: 425-339-3465; nhaglund@heraldnet.com. Twitter: @NWhaglund.
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