County planner Shireene Hale laid out the initial version of the county’s new wetland regulations at a Sept. 8 town hall meeting. Hale and Orcas county council members Patty Miller and Richard Fralick fielded a barrage of questions from concerned citizens.

“The reality is, you are responsible to determine whether or not there is a wetland on your property,” said Miller.

The new process

The county’s existing regulations require uniform 35 to 150-foot wetland buffers based on wetland category. The proposed regulations are more tailored, considering variables such as development intensity, wetland sensitivity, wetland importance, location relative to UGAs and site slope. Proposed buffer sizes range from 15 to 300 feet.

New wetland regulations based on current science are required as part of the county’s critical areas ordinance update that was due in 2006 under the Growth Management Act.

Development intensity is determined first, calculated based mainly on parcel size and the percentage of the parcel to be developed.

“You can’t figure out what your buffer is until you figure out what you want to do on your property,” said Hale.

On a parcel three acres or less, development of less than 35 percent of the parcel would be be considered “low intensity;” 35 to 50 percent, “medium intensity;” and over 50 percent, “high intensity.” On larger parcels, percentages are smaller (see link, Table 3.3, page 16-17). Development includes lawns and any clearing or grading.

Each development intensity category is assigned a “development range,” or an evaluation area, of a unique size. For low intensity development, that area is a radius of 80 feet surrounding the proposed building site. For “medium intensity” that’s 225 feet; for “high intensity,” it’s 300 feet.

The land within that development range will be checked for indicators of wetland presence using both the county’s new Possible Wetlands Map, and actual observation of standing water over more than 14 consecutive days during a year.

“If there [are no wetlands within that area], then you’re done,” said Hale. If wetlands are indicated, the property owner must provide a wetland delineation and report.

Based on wetland importance, sensitivity/pollutant transfer risk factors, location respective to a UGA, and site slope, the wetland will be assigned certain protective buffers within which development is strictly limited to a list of allowed activities. Buffers can range from 15 to 300 feet in size (see link, Table 3.6, page 19-20).

Wetland specialist Dr. Paul Adamus’ assessment indicates that roughly 70 percent of county wetlands are “low import,” with the remainder considered of medium or high importance. “Low importance” wetland buffers range from 15-200 feet; “high importance” buffers range from 50-300 feet. Buffers for wetlands upslope of development can be smaller, at 15 to 50 feet.

Hale said buffer sizes could be increased by existing driveways or roads within the buffers.

Citizen concerns

County citizens and property owners expressed a variety of concerns about the proposed rules.

Realtor Stu Stephens said the threat of a possible 150-foot wetland setback has “killed the value” of a property he is trying to sell, with two recent offers withdrawn.

One attendee said the tailored approach will complicate county property value assessments and precipitate appeals of taxable value by property owners. Others asked whether property taxes will be adjusted to reflect lost use value.

“We need to have a public groundswell to say, ‘You take my property rights, reduce my taxes,’” said one man, to loud applause. Fralick responded that the assessor is bound to adjust assessed value based on allowable use.

Another attendee asked if the county would reimburse property owners for lost value, as it would if eminent domain were exercised to build a road. Hale replied, “There is no money to reimburse you.”

John Evans said listing “allowed activities” inside buffers (see link, page 15) effectively “turns the constitution on its head.”

Port of Orcas commissioner Bret Thurman said the entire Eastsound airport is considered a wetland on the county’s map. Hale responded, “If there is a wetland under the asphalt, it’s still a wetland.”

Legal appeals contesting the final regulations are likely if county citizens decide the final regulations sacrifice property rights to an unacceptable level, or alternatively that the measures are insufficient to protect critical habitat.

“We are trying to balance opposing forces here, and we’re trying to walk this line, and it’s a tough walk,” said Fralick. “If we have appeals, the county will have to find the funds to defend itself.”

There may well be lawsuits from both general directions when the final edits hit the cutting room floor.