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04/03/2008: "It Is Time To Pay Attention!"

By John Evans

There is a process underway to update the San Juan County Critical Areas Ordinance. The current Critical Areas Ordinance has been in place for about 8 years. The Washington State Growth Management Act requires the “update”.

Some shoreline homes with “critical habitat” sandy beaches may become “non-conforming uses,” and therefore restricted in future modification.

Similar “buffers” are being suggested for upland “critical areas, wildlife habitat and riparian zones” as well. Because “critical areas” are usually off limits to development, many existing parcels could become un-developable; other existing homes would become “non-conforming” and still other properties would see their uses severely limited.


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The County Council appointed a citizens committee to work with the planning department to write a first draft of the update. The citizen committee’s recommendations will be passed on to the Planning Commission who will conduct public hearings and then pass their recommendations on to the County Council, at which point additional hearings will be held and a “new and improved” Critical Areas Ordinance adopted.

There are many players at work in this task. They include the Washington State Department of Ecology, the Washington State Department of Fish and Wildlife, State RCW’s, the Washington State Growth Management Act, the case law developed through the Washington State Growth Management Hearings Board rulings, environmental groups and others. All these agencies, laws and interested parties claim a level of oversight and mandate over the Critical Areas Ordinance that will ultimately be in adopted in San Juan County.

At each meeting, the Critical Areas Committee has struggled with what others tell us we have to do verses the impact these demands will have on the citizens of San Juan County. Several committee members recognize that many of the outside demands have little relevance to conditions that exist within San Juan County.

For example, an upland “buffer” of 150 feet and up to 250 feet has been suggested as necessary to protect the beach spawning nests of forage fish. (Map of Buffers) Over 12 miles of County beaches would be affected.

If this direction is followed and the beaches are declared as critical habitat, owners of undeveloped shoreline properties would no longer be allowed to follow the current 50 foot or 100 foot setbacks from the top of the bank. Instead, they would be moved 150 feet to 250 feet landward of the top of the bank.

In some cases they would own shoreline property but would not be able to see the water from their homes because of tree cover between their home and the water that could not be removed.

There is no data to suggest that forage fish are threatened under the current setback rules.

Additionally, under this scenario, existing shoreline homes with “critical habitat” sandy beaches would become “non-conforming uses.” A “non-conforming use” is a planner’s regulatory vehicle that means the property could not be altered without coming into compliance…150-250 feet back from the top of the bank. From the planner’s perspective, they intend that the “non-conforming” use…in this case a person’s home… will disappear over time.

The irony of all this is that by all accounts, our native plant, animal, insect and amphibian native species are doing fine with the regulations as they currently exist. To nature’s benefit, between 40% and 60% of the county’s land is already under levels of protection or restriction. More protected land is being added continually by the Land Bank, the Preservation Trust and other initiatives.

The point of this article is that local citizens need to become active and directly involved if they have any concerns about what these new rules could mean to the future of their homes and properties.

Meeting dates and times of the Critical Areas Committee are listed on the San Juan County web site and in the newspaper. The meetings are usually held in the morning and early afternoons on the first and third Thursdays of the month. Meetings are often in Friday Harbor with occasional meetings on Orcas and Lopez. Time is allotted for citizen input. So far, very few citizens have come to express their views to the Committee.


John Evans is a member of the San Juan County Critical Areas Committee, representing the San Juan County Building Association