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Mercer Island council adopts stormwater-detention code to comply with Growth Management order
Summary
The council voted unanimously to adopt Ordinance 26C-11, amending city code to require on-site stormwater retention in the town center and other constrained drainage basins; staff said the change implements Comprehensive Plan policy 4.7 and maintains consistency with state and Growth Management Hearings Board requirements.
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The Mercer Island City Council on July 21 adopted Ordinance 26C-11 to require on-site stormwater retention for development within the town center and other constrained drainage basins identified by city staff. Deputy Mayor Becker moved the ordinance and Council member Weinberg seconded; the roll-call vote was 7-0 in favor.
Staff presented the code change as an implementation of Comprehensive Plan policy 4.7. Kelly Hildy, deputy director of public works, told the council the amendment "implements policy 4.7 and helps protect the stormwater system and downstream receiving waters," and explained the amendment removes the engineer’s option to accept a fee instead of requiring on-site detention in constrained basins.
The change follows the council’s recent comprehensive-plan amendments and is intended to make the city code consistent with those policy decisions. The council opened a public hearing on the item at 6:17 p.m.; no written or in-person testimony was offered on the ordinance during that hearing.
Council member Reynolds addressed community confusion that linked this code amendment to permanent supportive housing. Reynolds said, "I think there's some confusion in the community that this, 6965 has anything to do with permanent supportive housing. So just want to clarify that this is only about drainage." Reynolds explained his vote by noting prior Growth Management Hearings Board findings and state law constraints that limited the council’s alternatives.
Councilor Shea summarized the statutory background, saying the state's housing-planning laws require cities to plan for housing at all income levels. Shea referenced House Bill 1220 (2021) and House Bill 2266 (2026) as part of the legal landscape that triggered the city’s response and the GMHB compliance deadline. She warned that failing to comply could carry state sanctions affecting grant and tax revenues.
Mayor Dave Rosenbaum added that city staff, the council and the planning commission had put extensive work into the compliance package and that adopting the ordinance was part of meeting the Growth Management Hearings Board order. The ordinance was adopted on a unanimous roll-call vote; the council directed staff to proceed with implementation steps spelled out in the code amendment and to continue public outreach.
What happens next: staff will incorporate the ordinance text into the municipal code and follow the implementation steps aligned with the city's ongoing comprehensive-plan update. The record on the ordinance includes the council roll-call and staff recommendation; no effective date was specified on the record at the meeting.

