Residents say neighbor cleared and drained greenbelt; ask Bothell staff to investigate

Jake Bailey, a Bothell resident, told the City Council on May 20 that his property borders North Creek Forest and an adjacent greenbelt and that a new neighbor had cleared vegetation, installed drains and filled portions of an area Bailey and conservationists consider a wetland.

Bailey said the clearing began in February and by April the neighbor “began building a retaining wall, filling in the part of the wetland which lay on his property.” Bailey said an ecological consultant and local wetland advocates reviewed photos and concluded the area was a wetland; he said city planning staff told him no permit was required and that the area would not be considered a wetland unless the property owner paid for a delineation study.

“Any staff person who does wetlands for the city will know just from your photo,” Bailey said, paraphrasing a consultant he cited. He added: “We think the city made a mistake by issuing a permit to fill a wetland and by allowing it to be drained, and we think the city should mitigate the loss of wetland.”

Bailey told council he and neighbors want staff to investigate, mitigate damage if possible, and consider changes to city procedures so similar work would be stopped earlier in the future. In public comment he referenced photos and maps submitted to the clerk and said Friends of North Creek Forest and ecological consultant Sarah Cook had reviewed the work.

During the Council’s follow-up period, City Manager Kyle stated that the council had received an email about the matter and that, per protocol, when council receives such an email staff will respond and “close out on that.” He said staff will follow up with the council and that operations staff had exchanged contact information with neighbors. Councilmembers asked that staff provide a follow-up email later in the week.

There was no formal motion or vote on the matter during the meeting; staff said they would investigate and provide the council with follow-up information by email.

Details the council received at the meeting are limited to the resident’s account and the city manager’s commitment to follow up. Bailey said he had photographic evidence and a lay map included with his submitted written comments; he also said the consultant called the trenching “illegal” in comments relayed to the council. The transcript shows the planning division had earlier informed Bailey that a delineation study paid for by property owners was required before the area could be designated protected.

Staff next steps: the city manager said staff will investigate the complaint, respond to the resident and close out the matter with the council; no timetable was set in public remarks.