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County directs staff to draft map-and-code changes for streams, landslides, wildfire and tree protections under ZDO-290
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Summary
Staff presented ZDO-290, a multi-part code update to meet state 'clear and objective' standards for housing; the board directed staff to prepare draft amendments on streams/wetlands (use existing urban inventories; defer rural wetlands), adopt DOGAMI landslide mapping, repeal discretionary unmapped fire-hazard rules and develop clear-and-objective upland tree-protection regulations (motion passed 4–1 on tree protections).
Planning Director Jennifer Hughes and staff briefed the board on ZDO-290, a county code-update project to make land-use standards for housing "clear and objective" consistent with statewide planning goals 5, 6, 7 and 15.
Streams and wetlands: Staff outlined three broad options — repeal discretionary water-quality standards that cannot be applied, continue to rely on existing urban stream and wetland inventories (Metro inventories) and defer rural wetlands to the Department of State Lands and Army Corps of Engineers, or adopt updated state maps that would likely increase the area regulated. After questions about map currency, buffer measurements (mean high-water line vs. top-of-bank), update cycles and outreach, Commissioner Helm moved and Commissioner Schroeder seconded direction to staff to draft ZDO amendments that would in the urban area continue to use existing adopted stream and wetland inventories and repeal discretionary water-quality standards for unmapped features, and in rural areas continue to defer to state agencies; the motion passed 5–0.
Landslides (mass-movement hazards): Staff noted county landslide mapping dates from the 1970s and DOGAMI has more recent lidar-based maps and data. The planning commission recommended adopting modern DOGAMI mapping for public-safety reasons and to use the best scientific data available; staff said new development would still require geotechnical reports. Commissioner Schroeder moved to replace existing landslide hazard maps with DOGAMI mapping and the board approved the direction 5–0.
Wildfire hazards: Staff said existing county wildfire-area standards were highly discretionary and not legally defensible for housing. They recommended repealing general unmapped-fire-hazard regulations for housing and relying on existing ZDO standards (fire access, water supply) plus nonregulatory measures; the board voted 5–0 to direct staff to draft amendments to repeal those discretionary provisions.
Upland tree protections: Staff explained current upland-tree regulations are not clear and objective and therefore cannot be applied to housing. Commissioners debated trade-offs between tree canopy preservation and state mandates to adopt clear-and-objective housing standards; several described negative experiences with earlier tree-ordinance efforts and concerns about unintended outcomes (preemptive clear-cutting, insurance and wildfire effects). Commissioner West moved, Commissioner Helm seconded, to direct staff to draft clear-and-objective upland tree-protection regulations (either by expanding the current project or as a subsequent project). Commissioner Savas voted no; the motion passed 4–1. Commissioners and staff noted the need for broad public outreach and town halls as language is developed.
Staff will return with draft ordinance language, mapping choices and public-engagement plans as ZDO-290 progresses; the board repeatedly framed current steps as direction to staff rather than final code adoption.
