Mountlake Terrace adopts updated critical areas ordinance to align with state guidance

The Mountlake Terrace City Council on Tuesday adopted updates to the city’s Critical Areas Ordinance (Chapter 16.15), aiming to strengthen protections for wetlands, streams, geologically hazardous areas and critical aquifer recharge areas.

Planner Sarah Pizzo told the council that the changes are intended to comply with the Growth Management Act and state guidance, and to bring the city’s code in line with “best available science.” She said the update increases buffers in some settings, requires native vegetation in wetland buffers, tightens alteration approvals so changes generally require a variance or reasonable use exception rather than administrative approval, and expands mitigation options when a hearing examiner allows an alteration.

The update also adds enforcement language. “We have a $500 per day fine for critical area violations,” Pizzo said, noting additional penalties may be applied based on the square footage of critical area or buffer disturbed. Staff compared neighboring cities and concluded Mountlake Terrace’s enforcement provisions are generally aligned with peers.

Councilmembers discussed comments submitted by the Muckleshoot Tribe and state agencies. Councilmember Paige observed that tribal suggestions sometimes go beyond what state agencies recommend and raised questions about implementation costs and staffing. Pizzo said staff had worked closely with state reviewers and recommended a set of staff-proposed amendments that incorporate some tribal recommendations while remaining implementable.

After a public hearing with no speakers, Mayor Pro Tem Wall moved to adopt the ordinance with the staff-recommended amendments; the council voted to add those amendments and then adopted the ordinance by voice vote. The adopted changes include increasing stream buffers (and offsetting reduced building setbacks), expanding reporting requirements in geologically hazardous areas, adding a nonconformance section for rebuilding after catastrophes, and establishing standards for critical aquifer recharge area studies.

The ordinance adoption follows a planning commission recommendation and a year-long update process that included a consultant-provided best-available-science review, SEPA noticing and interagency coordination. Staff said some aspects of the update — for example, prohibiting certain buffer reductions — are required by state ecology guidance or otherwise reflect updated science.

The council’s action was procedural: it adopted the revised ordinance and incorporated the staff-recommended amendments. The council did not direct additional staff work beyond implementing the newly adopted code; next steps include updating municipal code documents and notifying state reviewers as required.