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Council hears update on critical-area buffers; city may seek a departure from state best-available-science rules
Summary
City staff told the council the update to the critical-areas ordinance will take longer than anticipated and the city plans to hire a consultant. Staff said the city may pursue a formal 'departure' from the state's best-available-science recommendations to seek smaller stream buffers for some watercourses.
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City planning staff told the Newcastle City Council on Oct. 7 that work to update the city’s critical-areas ordinance (CAO) is proceeding but will take more time than originally scheduled because the revisions are tied to grant requirements and technical work.
Director Fitzgibbons said the city is contracting with a consultant to prepare the "best available science" documentation the city needs for the CAO. She told council members the city is considering pursuing a formal "departure" from the state’s best-available-science recommendations so the city could adopt smaller stream buffers in some circumstances while still remaining consistent with grant requirements and state coordination.
Fitzgibbons said the draft recommendation under discussion includes a minimum 100-foot buffer for non-fish-bearing streams; by contrast some properties currently have a 25-foot minimum buffer. She noted the planning commission had discussed sending additional notices and suggested staff maintain contact with interested property owners via a mailing list and additional mailings when recommendations crystallize.
The council asked staff to continue coordinating with the Planning Commission and to keep community outreach ongoing; one council member said the matter was the subject of frequent resident inquiries and urged staff to include follow-up information on the next council agenda.
What’s next: Staff will finalize scope and contract with a consultant to prepare the technical best-available-science revisions and will return with a recommendation to the Planning Commission and then to the city council. Staff emphasized outreach to residents who received prior notice letters and said they would maintain a mailing list and consider sending follow-up letters when the council schedules formal consideration.
Public-comment context: During the meeting’s public comment period, a China Creek resident, Amber Elam, asked for the status of the buffer letters and whether additional notices would go out. Staff replied that the project is still in process and that follow-up outreach would be coordinated through the Planning Commission and council as the process proceeds.

