Cowlitz County to consider critical areas ordinance update with 6% mitigation cap

Cowlitz County planning staff told commissioners they will present a refined critical areas ordinance (CAO) for consideration at tomorrow's meeting that adds new allowances and safeguards for property owners. Adam Trimble, with Building & Planning, said the draft contains "common sense provisions" to recognize historically maintained conditions and to allow credit for removing invasive species as part of development work.

The proposal would allow narrower buffers in limited circumstances — for example, a 25-foot buffer where appropriate — and adds a mitigation cap meant to keep small projects feasible. "It's gonna be capped at 6% of the improved land value," Trimble said, explaining the figure was the planning commission's recommendation after discussion and review. He told commissioners the cap is calculated for an entire project and that experts would submit comparable valuations to justify the improved land value used for the calculation.

Trimble said the draft also includes a reasonable-use pathway and a cap on the overall mitigation obligation so that mitigation costs do not make development impossible. He described the change as a safeguard to balance environmental protection with property rights: the county will still evaluate whether an expert's mitigation plan is "reasonable" and prioritize enhancement actions such as planting native species over lower-priority measures.

Staff said the planning commission gave a positive recommendation and that several supporters — including the Port of Longview and individuals who asked to speak — are expected at the hearing. Commissioners asked clarifying questions about whether the 6% cap is per-instance or per-project, how improved land value is determined, and whether the approach had been tested elsewhere; staff replied that comparables and hearing-examiner review are part of the implementation pathway.

The board can adopt the draft, schedule a public hearing, send amendments back to staff or return the measure to the planning commission for further work. The CAO item will appear on tomorrow's agenda for the board to act on or schedule further review.