Planning staff told the Milton Planning Commission that the city has begun the state review process on a draft update to the critical areas ordinance and intends to bring a public hearing and recommendation back to the commission in October. Staff said the update is a periodic requirement tied to the 2024 comprehensive plan periodic update and that many elements are prescriptive from state guidance.

Staff said the Department of Ecology and Department of Commerce provide checklists and model language and that the draft was submitted for the standard 60-day state review used for zoning, land use, subdivision and critical area changes. "I have already sent this, to the state review," the staff member said, noting the city expects comments and will incorporate suggestions as appropriate. Staff said a few state departments already indicated they were reviewing the materials.

Key substantive items staff called out included reorganizing definitions (splitting a single long definitions block into alphabetized sections so single-entry edits will be simpler), adding the state's "no net loss" requirement for wetland conversions, and more explicit mitigation sequencing language. Staff described "no net loss" as the state requirement that, if a developer proposes to encroach on an ecological resource, the overall outcome must not reduce area or quality: "the idea of no net loss. That's a new, requirement as from the state, this idea that there are times when you do need to maybe you're adjusting different things, but the idea of no net loss."

Staff also explained some administrative clarifications: the city may sign and accept pre-application critical area reports for a limited period (staff suggested five years for validity), the community development department (staff) will review and make written determinations about critical area presence and classification, and some exemptions remain for single-family projects and emergency work. When a commissioner asked why pre-application meetings were not mandatory the staff said, "I don't believe you can require pre application meetings anymore."

Staff said the plan is to return to the commission for a public hearing and recommendation in October after the state review letters are received and any required revisions are made. The draft was submitted under the usual review timeline; staff said they anticipate correspondence from state reviewers within the next month.