San Juan County staff begin overhaul of critical-area rules tied to climate, riparian science

SAN JUAN COUNTY, Wash. — County planning staff presented a wide-ranging update to San Juan County’s critical-area regulations on Aug. 19, telling the County Council that changes are needed to reflect recent state science, new state rules and the Growth Management Act goal to address climate change. The draft work includes proposals to simplify or replace the county’s two-buffer wetland system, create riparian management zones for streams and ponds based on site-potential tree height, and tighten mitigation and geologic hazard rules. Staff said consultants will deliver a first draft of proposed code changes in August, followed by public meetings and hearings in the fall. Why it matters: Critical-area rules determine where and how development is allowed near wetlands, streams, landslide-prone slopes and other environmentally sensitive places. The council and public urged rules that protect habitat and water quality while remaining clear and administrable for staff and property owners. Planner Colin Mako, who led the presentation, said the update reflects two major scientific and legal developments since the county’s prior work: the 2023 Growth Management Act amendment adding climate-change considerations, and Washington Department of Fish and Wildlife guidance on riparian management zones. “We are required to consider best available science when adopting regulations,” he told the council. He described three wetland-buffer options the county could adopt: a flexible habitat-score approach with harm-minimization tools; a single buffer based on the wetland category plus land-use intensity; or a simpler fixed buffer based only on wetland category. Council members pushed staff to make the code easier to use and interpret. Council member Fuller said the current code’s many cross-references “frustrate people” and staff, and asked that new regulations include clear guidance so decisions are consistent across reviewers. Council member Paulson cautioned against blanket, inflexible setbacks — especially for rocky or stable granite slopes — and urged approaches that avoid regulatory takings and allow site-specific geotechnical analysis. Staff said the riparian-mgmt-zone proposal could require base buffers around 100 feet in many places, modified by site-potential tree heights shown in a WDFW web tool; practical changes will be needed in urban growth areas. For geologic hazards, consultants may propose official setbacks based on slope height to make rules clearer than the current case-by-case, report-driven approach. What’s next: Consultants expect to deliver draft regulations in August, followed by island public meetings in the fall, planning commission hearings and subsequent council briefings. Staff asked the council whether it preferred a draft that lays out multiple options for public review or a single preferred approach; several council members said they wanted options presented so the public can weigh trade-offs. The council also said staff should prioritize ease of interpretation and publication of decision rules so property owners and reviewers can see how the rules apply to a specific parcel.