Bothell staff outline proposed critical areas ordinance changes, recommend 100-foot stream buffers and higher SEPA thresholds

City of Bothell planning staff told the Planning Commission on July 16 that they will prepare draft code changes to the city’s Critical Areas Ordinance (BMC 14.04) and return in September for further study, including a proposed fixed 100-foot stream buffer and consideration of raising State Environmental Policy Act (SEPA) thresholds.

The Planning Commission study session, led by Deputy Community Development Director Gates and Jacqueline Sampson, planner with community development, presented staff’s initial approach to a mandatory update required by the Growth Management Act and to be completed by Dec. 31, 2025. "This is planned to be finished by the 12/31/2025 deadline this year," Sampson said. The presentation relied on a Best Available Science summary and gap analysis prepared by Fawcett (formerly DCG Watershed).

Why it matters: The proposed changes would alter how windows, streams and streamside vegetation are treated in development review across Bothell and could affect how small and mid-sized housing and commercial projects are permitted. Staff said raising SEPA thresholds would streamline permitting for smaller projects while relying on existing critical-area protections in the municipal code and other regulations to preserve environmental protections.

Staff recommendations and key proposals - Definitions and exemptions: Staff proposed updating definitions in BMC 14.04 for consistency with the Fawcett gap analysis and noted an existing exemption for small, isolated wetlands is present in the wetlands section though not at the top of the chapter. Staff said they will make the code’s structure clearer so exemptions are easier to find.

- Vegetative buffer standards: Staff recommended adding vegetative buffer standards for wetlands and streams requiring a mix of native canopy trees, shrubs and ground cover, with planting, maintenance and legal protection requirements similar to peer cities. Sampson said staff is looking at peer standards such as those in Kirkland as an example.

- Fixed buffer width: For fish and wildlife habitat conservation areas, staff proposed using a fixed 100-foot buffer citywide, rather than parcel-by-parcel “site potential tree height” calculations. "A 100 foot wide buffer is estimated to achieve 95% pollution removal and approximately 85% removal of surface nitrogen," Sampson said, and staff proposed adding a 33% buffer increase where vegetative buffer standards are not met.

- Removal of variance section: Fawcett recommended deleting the variance portion of the chapter; staff signaled agreement and said they plan to eliminate that section to align with the BAS recommendations.

- Other protective measures: Staff suggested perimeter signage, spacing standards, and a bond-calculation worksheet; staff also noted plans to update the city’s noxious weed list and to review state buoy and mapping updates for future code alignment.

SEPA thresholds and permitting Staff also raised the possibility of increasing Bothell’s SEPA exemption thresholds so small- to mid-sized projects would not require an environmental checklist. "The benefits include streamlined permitting, lower applicant costs, and support for housing and economic development," Sampson said. Staff said Bothell currently applies thresholds near the state minimum (for example, a 4-unit residential project currently triggers SEPA in Bothell while Redmond’s threshold for some project types is much higher). Over the past 10 years, staff said Bothell processed 194 SEPA reviews and issued three mitigated determinations.

Commissioner reactions and next steps Commissioners generally supported adding vegetative buffer standards and showed some support for a standardized 100-foot buffer; several asked staff to return with maps, cost estimates, and examples showing where the proposed buffer would create nonconforming properties. Commissioner Westerbeck said he supported increasing SEPA thresholds to speed housing production: "I'm for raising that threshold for sure." Commissioner Gustafson said she was "generally in favor of reducing SEPA thresholds because SEPA thresholds have often been abused to halt housing," but added more detail on the three past mitigated cases would be useful.

Staff said they are coordinating with GIS to map existing buffers, quantify potential nonconformances, and estimate costs such as wetland delineation and mitigation so commissioners and the public can see the likely effects of proposed changes. Staff also said they will evaluate updates to the city’s nonconformance rules and return to the Planning Commission in September with draft code language and responses to written comments received prior to the meeting.

No formal action was taken during the July 16 study session. The Planning Commission took routine procedural votes (approval of July 2 minutes and adjournment) but deferred policy decisions on the Critical Areas Ordinance update to future meetings.

Planning staff indicated the next study session on the CAO update will be in September and that a fuller public engagement process will follow as draft code amendments are prepared.