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Okanogan County adopts zoning code changes that codify water-availability rules and narrow scope of other revisions

December 24, 2024 | Okanogan County, Washington


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Okanogan County adopts zoning code changes that codify water-availability rules and narrow scope of other revisions
The Okanogan County Board of County Commissioners on Tuesday adopted ordinance 2024-5, a revision to county zoning code Chapter 17 that principally codifies the county’s approach to verifying legal water availability for development and clarifies definitions for certain special uses.

The adopted ordinance, introduced at a public hearing and presented by county planning staff, ties local permitting practices to state law and court precedent on water availability. Pete Palmer, director of planning, told the board the changes were intended to “codify on things that we already do” and to make the rules clearer for applicants and staff. The ordinance adds and sharpens definitions for several special uses, including energy facilities, parking facilities, wind and solar operations and cryptocurrency data centers.

Why it matters: The water-availability provisions set out how a property owner demonstrates sufficient and legally available water to obtain a building permit — an issue that has driven local controversy in parts of the county where wells have historically gone dry. Commissioners said the rewrite is intended to reduce future litigation risk by reflecting relevant state rules and judicial decisions.

What the board did and did not adopt: Commissioners removed several proposed changes before adoption. Language that would have made certain ridgetop construction and light-and-glare violations misdemeanors was pulled for further community discussion, and broad changes to the county’s district-use chart were rolled back so staff and the public can review narrower, geographically targeted amendments later. The board approved a companion resolution (Resolution 192-2024) directing staff to revisit an enumerated list of zoning topics — including subarea planning, conditional-use criteria and possible comp-plan revisions — with additional public outreach.

Debate and public concerns: Public commenters and several commissioners focused on subdivisions and the county’s treatment of permit-exempt wells in the Methow and Okanogan valleys. Multiple residents said wells have gone dry in recent years and urged the board to proceed cautiously; commissioners acknowledged that the county’s choices interact with state water law and with past decisions that left some lots vested. The board discussed one technical definition — how to treat small, permanent sawmills vs. portable commercial sawmills — and agreed to refine the language in a future amendment.

Staff follow-up and timing: Planning staff said signed ordinance and resolution documents would be posted on the county website and a notice of adoption would appear in local newspapers once final signatures were obtained. The board left several items for later work, including a possible targeted subarea planning process and outreach on ridgetop and lighting policy.

A commissioner’s motion to adopt the ordinance carried; staff noted they would correct minor spelling and definition issues before final publication.

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