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Port Orchard planning staff to reintroduce updated critical areas ordinance after county appeals resolve
Summary
Planning staff told the Land Use Committee they plan to reintroduce a revised critical areas ordinance in July and aim for adoption by year-end, but said the city is monitoring appeals and county decisions on riparian management zones before finalizing some provisions.
Port Orchard planning staff said June 18 they will reintroduce a revised critical areas ordinance in July and aim for adoption by the end of 2025, but plan to wait for related county decisions on riparian management zones before finalizing buffer and tree-height calculations.
Jim Fisk, Port Orchard principal planner, told the Land Use Committee the city delayed the ordinance work earlier this year while it prioritized middle housing and that staff “plan to reintroduce it in July.” Fisk said staff established two application types in the draft code and are still deciding whether to treat those as standalone permits or as procedures nested within other permit reviews.
Fisk said the city modeled parts of the proposal on recent Kitsap County code work and is watching county appeals, particularly disputes about riparian-management-zone buffer widths and tree-height calculation methods. He said the county approach had been appealed by the Port Gamble S’Klallam Tribe and the Kitsap Environmental Coalition and that the county’s decisions could require adjustments to the city draft.
Scott Deener, a council member serving on the committee, noted the county’s appeal focused on whether reduced buffers could be applied in urban growth areas and on limits for variances. He said the county’s final decision — which staff expect soon — will inform the city’s approach and reduce the city’s risk of being subject to a similar appeal.
Staff outlined a tentative schedule: planning commission discussion in July, a likely planning commission public hearing in October, and council consideration later in 2025. Fisk said the draft sets minimum buffers for streams and wetlands to provide predictability for applicants and that some technical standards remain in flux pending county outcomes.
Committee members requested staff continue to coordinate with the county and monitor the administration of variance thresholds and reduced-buffer rules; no formal action was taken at the June 18 meeting.
