Neighbor complains county let excavator work critical-area parcel before permits; planning director says permits now in process

At a Tuesday meeting of the Cowlitz County Board of Commissioners, Neil Crawford of Kelso said excavation and grading began in May on parcel WJ0214001 off Spirit Lake Highway without completed permits and that adjoining property owner Megan Hubbard and others have reported damage to wetlands, trees and a salmon-bearing stream. Crawford asked why work continued after residents raised concerns and why a stop-work order had not been issued earlier. Tracy Jackson, director of Cowlitz County Building and Planning, said staff visited the site after neighbors reported work, that the property owner (identified in the meeting as Mr. Roseland) “is working with our department and obtaining the correct permits,” and that crews have stopped working in the creeks while permit reviews proceed. Crawford told commissioners he had been told by the planning office and nuisance-abatement staff that the decision not to issue a stop-work order initially “came from above,” and he pressed whether county leaders agreed that landowners should not begin work in areas mapped with critical resources. Crawford cited the parcel’s GIS flags for a riparian fish-bearing stream, potential unstable slopes and an old mine, and he referenced state and county law, including the State Environmental Policy Act and county critical-areas code. Jackson said the county performs site visits when notified, that the contractor started work before applying for permits, and that Building and Planning will route the State Environmental Policy Act (SEPA) checklist to state agencies including the Department of Natural Resources and the Department of Ecology for comment as part of a conditioned permit if required. Commissioners exchanged views on enforcement and property rights. One commissioner said the county relies on residents to report unpermitted work because staff cannot monitor every parcel; another commissioner said if someone damages a neighbor’s property, the redress may be civil litigation and, in timber trespass cases, state law can allow treble damages. Several speakers emphasized that permits are intended to protect critical resources and noted county staff are trying to “make it right.” No formal action (motion or vote) to change the permitting process was taken at the meeting. Commissioners asked staff to continue oversight of the Roseland permitting process and to update the board as reviews and any needed remediation proceed. Questions remain for residents about scope and timing: Crawford said neighbors saw ruts up to three feet deep in wetlands and that seeding, tree removal and disturbance to a salmon-bearing creek had occurred; Jackson said staff had stopped creek work and were assisting the property owner with required paperwork so permitting can proceed. The meeting record shows a multi-party exchange of facts, concerns and next steps rather than a final enforcement action; residents who brought the matter to the county can pursue civil remedies if private property was damaged, and state agencies will review the SEPA checklist once submitted.