Orcas realtors asked the county some tough questions last week.
The Orcas Island Association of Realtors compiled a list of questions for Ron Henrickson, Director of Community Development and Planning, regarding the proposed Critical Areas Ordinance, which he answered during an hour-long session.
San Juan County was due to revise its CAO in 2006, but missed the deadline, as did numerous cities and counties across the state. The county council appointed 10 islanders to a citizens’ review committee to revise the local regulations aimed at critical aquifer recharge, fish and wildlife conservation, geographically hazardous areas, wetlands, and spots that frequently flood. San Juan County is one of the last in the state to get the ordinance completed.
“We’re still in the planning process, and nothing has been put before the council,” Henrickson said.
Some of the proposed regulations include: wetlands in categories I through III would see increased buffers and Category IV would have a decreased buffer of five feet less. Shorelines currently have a variable buffer of zero to 100 feet, and the draft proposes a minimum of 100 feet and could be as much as 200 depending on what is necessary to protect salmon habitat.
For streams, there is currently no existing buffer required. Vegetative stream, wetland and shoreline buffers absorb runoff, remove toxic chemicals, maintain bank stability, moderate temperatures, supply woody debris, and provide food and shelter for fish and wildlife. The change would be a 150-foot buffer for streams that support fish and a 100-foot buffer for those that do not.
The existing codes for docks and bulkheads is being revised to better protect soft shore and eelgrass habitats, which act as nurseries for the marine food chain. On non-ferry served islands, it is proposed that docks continue to be allowed when necessary to provide reasonable access to property. On ferry served islands, when there is alternate moorage available, new docks may no longer be allowed in areas with eelgrass. New and expanded bulkheads will still be allowed to protect existing structures, but it is anticipated that regulations that are more protective will be adopted for other situations.
Henrickson and Senior Planner Shireene Hale spoke with around 20 realtors on Tuesday, and provided the following answers.
Question:
With the plans of the CAO to stop building within 100 feet of the water, is the county going to pay owners of small waterfront properties for the loss of value for their properties?
Answer:
The ordinance does not affect existing homes and developments – or affect them when they sell. If you’ve got a house close to the shoreline, you can keep doing what you’re doing. Even if the house burns down, you can rebuild it in exactly the same footprint. For smaller parcels, they may not be able to build as big a house as they had planned to. But no matter where you are in Washington state, these CAO regulations are in effect.
Question:
How will a property owner/prospective buyer know if a parcel could be potentially impacted by the CAO after it is implemented?
Answer:
CAO maps of the entire county are on the website at www.sanjuanco.com/cao/.
Question:
If there is nothing indicated on the map, will the county be making a site visit to view the property to see if there are critical areas? Will that be a cost to the owner, and if so, how much?
Answer:
Ideally, before the county issues a building permit, the site would be looked at. As the planning department is very low on staff, Henrickson said they “simply don’t have the manpower to do regular inspections. If these regulations end up causing more inspections, the permit fees will go up slightly. It will not come from the general fund – the county does not want the public to pay for development.”
Question:
What types of impacts do you see the CAO having on permit processing and potential costs to the property owner?
Answer:
There will be a simple, quick, easy permitting process for most properties – it won’t require much more work than there is now. But for “out of the norm” properties, for example a piece of land that is covered entirely in wetlands and needs a “Reasonable Use Exception” to build a house, there will be a more in depth process.
“I’d like a county code that a third grader could understand,” Henrickson said. “It’s been on my agenda for three years, but getting there isn’t easy.”
