The Bothell City Council on Dec. 2 adopted an updated Critical Areas Ordinance (BMC Chapter 14.04) and related SEPA threshold amendments, adopting staff-recommended changes informed by the Growth Management Act and state technical guidance.

Community development staff explained the major changes: rename "stream buffers" to "riparian management zones," raise standard widths for type F streams to 175 feet (with the option to reduce to 150 feet if vegetative buffer standards are met), set type N streams at a 115-foot standard reducible to 100 feet, add vegetative buffer standards recommended by Washington Department of Fish and Wildlife (WDFW), and remove the variance mechanism as recommended by WDFW. Staff said they would correct an errant table in the packet that showed inconsistent figures.

Several public commenters and developers urged caution. Roger Ricks said removing variances "removes the only practical relief valve" for constrained properties and warned it could derail active projects. Nick Holland (Adamant Homes) asked the council to delay adoption for a few weeks so his team could submit a project application for 9th Avenue that would include public improvements such as a walking path to Crystal Springs Elementary. Anne Agard pointed to apparent inconsistencies between FEMA tables and draft code language and asked council not to adopt the ordinance until the discrepancies were corrected.

Staff responded that the code retains multiple flexibilities (reasonable use exceptions, buffer averaging, buffer modification and peer review by a city biologist) to assess and mitigate impacts on encumbered parcels. Community development staff said the variance mechanism was removed following WDFW recommendations and that the RUE process will allow a science-based assessment and mitigation approach.

Deputy Mayor moved to amend the ordinance to delay its effective date to Dec. 31, 2025; that amendment failed on the floor. The council then moved to adopt the CAO as presented. The motion to adopt BMC 14.04 passed on a roll-call vote, 5–0. Council also adopted the SEPA threshold ordinance separately earlier in the segment (5–0).

Staff noted the CAO is intended to meet the city's December deadline under the Growth Management Act and will be enforced per the effective date in the adopted ordinance. Where projects are already in process, staff noted other code tools and the reasonable use process remain available.