Council adopts consolidated land‑clearing and grading code; staff to follow up on middle‑housing statute package

Oak Harbor adopted a code amendment Sept. 2 repealing the separate land‑clearing chapter and adding a consolidated land‑clearing and grading chapter, while postponing any change tied to the state’s middle‑housing statute.

Senior Planner Dennis Lefebvre told council the town’s 2025 population remains below the statutory threshold (25,000) that would obligate certain exemptions for accessory/middle‑housing densities under the state law. The state statute described at the meeting would allow higher unit counts per single‑family lot in jurisdictions meeting population and proximity criteria; it also requires monitoring systems and tracking of affordable units created under the statute.

Lefebvre and staff recommended proceeding with the clearing/grade consolidation now and holding off on adding the density‑exemption language until staff presents a broader package of code changes to ensure internal consistency and to create monitoring and tracking processes. Council members asked whether clearing and grading permits are the mechanism that would capture critical areas and soil‑movement checks; staff clarified critical‑areas review typically occurs as a separate permitting step and said the more complex middle‑housing changes need a package approach.

Following discussion councilmember Wiesner moved and the council adopted the ordinance consolidating land‑clearing and grading into Oak Harbor Municipal Code chapter 20.15; the motion passed unanimously.

Staff said it is preparing a broader package of amendments to address the state statute comprehensively that will include monitoring and other implementing steps and anticipates bringing it forward in 2026.