Groups claim land-use rules fall short in critical areas

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.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

Everett mall renderings from Brixton Capital. (Photo provided by the City of Everett)
Topgolf at the Everett Mall? Mayor’s hint still unconfirmed

After Cassie Franklin’s annual address, rumors circled about what “top” entertainment tenant could be landing at Everett Mall.

Everett
Everett man sentenced to 3 years of probation for mutilating animals

In 2022, neighbors reported Blayne Perez, 35, was shooting and torturing wildlife in north Everett.

The Washington State University Snohomish County Extension building at McCollum Park is located in an area Snohomish County is considering for the location of the Farm and Food Center on Thursday, March 28, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Year-round indoor farmers market inches closer to reality near Mill Creek

The Snohomish County Farm and Food Center received $5 million in federal funding. The county hopes to begin building in 2026.

Dorothy Crossman rides up on her bike to turn in her ballot  on Tuesday, Aug. 1, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Everett leaders plan to ask voters for property tax increase

City officials will spend weeks hammering out details of a ballot measure, as Everett faces a $12.6 million deficit.

Starbucks employee Zach Gabelein outside of the Mill Creek location where he works on Friday, Feb. 23, 2024 in Mill Creek, Washington. (Olivia Vanni / The Herald)
Mill Creek Starbucks votes 21-1 to form union

“We obviously are kind of on the high of that win,” store bargaining delegate Zach Gabelein said.

Lynnwood police respond to a collision on highway 99 at 176 street SW. (Photo provided by Lynnwood Police)
Police: Teen in stolen car flees cops, causes crash in Lynnwood

The crash blocked traffic for over an hour at 176th Street SW. The boy, 16, was arrested on felony warrants.

The view of Mountain Loop Mine out the window of a second floor classroom at Fairmount Elementary on Wednesday, Jan. 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
County: Everett mining yard violated order to halt work next to school

At least 10 reports accused OMA Construction of violating a stop-work order next to Fairmount Elementary. A judge will hear the case.

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.