Planning commission warns state critical-area buffer changes could limit some homeowner projects

The Newcastle Planning Commission on Sept. 16 told the City Council that recent state changes to critical-area science and rules may force the city to revise its critical areas ordinance (Newcastle Municipal Code section 18.24), potentially increasing buffers between streams or wetlands and structures in some cases and affecting homeowners who live near those features.

Planning Commission Chair Gazzic said the state requirements, administered by the Washington State Departments of Ecology and Fish and Wildlife, are tied to the "best available science" and can change as that science evolves. He gave an example: "existing standards for fish bearing streams ... call for a 100 foot buffer," and the new standard "may require a buffer as large as a 150 feet." He emphasized such increases would not force existing structures to be removed but could affect what a homeowner may be allowed to rebuild after a fire or earthquake.

Planning staff has sent letters to nearly 500 property owners within 50 feet of a stream or wetland to explain the potential changes and invited responses. Chair Gazzic said the commission has not yet taken a formal position; commissioners are studying options that would comply with state law while limiting burdens on property owners. Options under study include clarifying which parts of the state standards are mandates versus recommendations, allowing mitigation measures on other portions of a property, protecting the ability to rebuild within an existing footprint, or commissioning the city's own science review to seek a locally tailored departure from statewide assumptions.

City staff has already submitted one set of proposals to state agencies to solicit comment, Chair Gazzic said, but "the city is not held to that submission," and further changes could follow. Council members asked about timeline; Director Fitzgimmons replied that, "in an ideal world, we would have a council decision by December 31 in alignment with RCWs," and at the latest by January. Chair Gazzic and members noted that exact buffer increases vary by stream or wetland class and that in some instances there would be no change.

The planning commission will hold formal hearings and take public comment before making a recommendation to the council. The council will then receive the commission's recommendation, hold its own public process and may adopt, modify or reject any proposed code changes.