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Critical Areas Ordinance

Introduction to the Critical Areas Ordinance (CAO) Update Process
The update of Critical Areas Ordinances is a system for Washington counties to preserve the natural environment and to protect the public’s health and safety. A successful update of our CAO will help assure that our grandchildren will share the same quality of life we enjoy in the islands today.

The Washington State Legislature passed the Growth Management Act (RCW 36.70A) in 1990. The Growth Management Act (GMA) required counties and cities to adopt comprehensive land use plans and development regulations to coordinate and manage growth and development, as well as protect the State’s natural resources. Under the provisions of the GMA, local jurisdictions must designate and manage regulated critical areas. Development activities within or adjacent to these areas are required to comply with the provisions of local ordinances.

Types of Critical Areas

Protections are required for five “Critical Areas”:
Critical Aquifer
Recharge Areas
Fish and Wildlife
Conservation
Area
Geologically
Hazardous
Area
WetlandsFrequently
Flooded Areas

Update Requirements
Every county and city planning under the Washington Growth Management Act is required to review and update its comprehensive plan and development regulations every seven years to make sure that they comply with the provisions of the GMA.

State Requirements for Critical Area Ordinances:

  • Must consider the best available science, must protect critical areas and ensure not net loss to their functions and values.
  • Must give special consideration to preservation and enhancement of anadromous and migratory fisheries
  • Wetlands must be delineated according to the Washington State Department of Ecology Manual

The CAO Update Process in San Juan County

San Juan County is currently in the process of updating their critical areas regulations. The County Council appointed a Citizens Review Committee, which began work in August 2007. The committee is studying scientific and legal information and working with County staff to prepare code and comprehensive plan amendments it will recommend to the Planning Commission. The committee‘s twice monthly meetings are open to the public, and the meeting notes are published on this site when they become available.

The first Critical Area type to be considered was Critical Aquifer Recharge Areas. The process included:

  • a review of documented scientific research,
  • committee and public review of a staff proposal
  • public meetings after which comments were incorporated
  • development of a draft ordinance that was presented to the Planning Commission
  • a public hearing and review and alteration by the Planning Commission.
  • the ordinance is currently scheduled for a public hearing with the County Council on October 14, 2008.

A similar process will be completed for each type of Critical Area. The Committee is currently engaged in work on Fish and Wildlife Habitat Conservation Areas.

Information on the Website (click the headers on the left side of the page)

  • Descriptions of the Critical Areas
  • Process Status
  • Background Information
  • State and Federal Guidance
  • Best Available Science
  • County Documents
  • Evaluation of Existing Regulations
  • Public Hearing Documents
  • Committee Work
  • Meeting Agendas
  • Meeting Notes
  • FAQs