San Juan County begins update to Critical Areas Ordinance; draft regulations due this fall

San Juan County staff briefed the Planning Commission Oct. 17 on a multi-stage update to the county—s Critical Areas Ordinance (CAO), required under the Growth Management Act. The briefing described the consultant work completed to date and outlined next steps for public review and hearings.

The county contracted consultants to review the 2011 Best Available Science (BAS) synthesis and publish a 70‑page BAS supplement and a gap analysis identifying where county code differs from scientific guidance and statutory requirements. "We are required to update the critical area regs by the Growth Management Act," planner Colin Maycock said. He summarized the procurement timeline: a request for proposals in November 2024, consultant selection by January, contract execution by March and early council briefings and web materials in spring and summer.

Why it matters: Critical-area regulations govern buffers, setbacks, mitigation and allowable uses in wetlands, frequently flooded areas, critical aquifer recharge areas, fish and wildlife habitat conservation areas and geologically hazardous areas. County staff said the update aims to bring local code into alignment with the BAS and WAC standards and reduce legal risk from challenges to inconsistent rules.

Key points from staff presentation

- Legal framework: Staff cited the Growth Management Act requirement to adopt regulations consistent with the best available science, with procedural guidance in the Washington Administrative Code (WAC) sections that set BAS criteria.

- Published analyses: Consultants produced a BAS supplement reviewing the 2011 synthesis and a gap analysis that identifies specific code sections that need revision.

- Potential code changes being considered: consolidation of dual wetland buffers into a single, science‑based buffer approach; clearer mitigation standards including species, ratios and revegetation expectations; riparian management zones for streams and ponds tied to site‑potential tree height (per Washington Department of Fish and Wildlife guidance); and sliding‑scale geologic setbacks with quantitative geotechnical analyses required for steep slopes.

- Mapping and application: Staff said online GIS layers (public wetlands surveys, DNR/County stream layers, LiDAR) are useful indicators but not definitive. For development permits, applicants typically must provide on‑the‑ground studies (wetland delineations, geotechnical reports, cultural resource reports) to confirm buffer boundaries and constraints.

- Flooding and aquifers: Frequently flooded areas will continue to follow FEMA mapping (updated c.2018). The county currently designates the entire county as a critical aquifer recharge area; proposed regulations focus on minimizing contamination risks from industrial or commercial uses and coordinating with water‑resource planning.

Public process and next steps

Staff said the first draft of proposed ordinance text will be published for public review in October or November, followed by public workshops, Planning Commission briefings and council briefings. The draft will then be revised in response to comments and proceed to public hearings; Department of Ecology coordination will be required where shoreline master program updates overlap with CAO updates.

Commissioners asked technical questions about how mapping is used, whether cultural resource buffers are public, and how site‑specific delineations are handled. "The mapping layers are indicators... the applicant would typically be required to provide a wetland delineation," Maycock said.

What is unresolved

Staff outlined several options for wetland buffer approaches (sliding, context‑dependent, or fixed by category) but did not propose a single preferred option at this briefing. Specific mitigation ratios and setback distances for geohazards are under development and will be proposed in the upcoming draft regulations.

Where to find documents

Staff said the BAS supplement, gap analysis and draft regulations will be posted on the County—s Critical Areas Ordinance update web page and that residents can sign up for email notices.