County Council Republicans hail court reversal of Critical Areas Ordinance

Controversial restrictions on land clearing struck down by state Court of Appeals

Republicans on the Metropolitan King County Council today praised the ruling from the Washington State Court of Appeals that struck down King County’s controversial Critical Areas Ordinance (CAO), in an opinion that holds the CAO is in violation of state law.

“Small property owners - not the County - are the best stewards of the land,” said Councilmember Reagan Dunn, chair of the Council’s Republican Caucus. “The CAO was a blunt instrument used to strip King County residents of their property rights. Today’s ruling is a vindication for families who are struggling under the weight of these onerous regulations.”

“I am happy to see that the State Court of Appeals has ruled in favor of protecting property rights,” said Councilmember Kathy Lambert. “With this ruling, private property no longer will be unlawfully encumbered by the County’s far-reaching Critical Areas Ordinance. This ruling will help raise discussions and awareness, as well as define best available science and how to lawfully protect the environment. We need a better balance between the environment, what is scientifically proven, what protects farming, and our citizens’ property rights.”

"This is a landmark decision by the Court of Appeals that will make all jurisdictions take notice of property rights and land-use regulations regarding critical areas," said Councilmember Jane Hague, vice chair of the Council’s Growth Management and Natural Resources Committee.

“These restrictions were akin to cracking down on speeders by banning car engines,” said Councilmember Pete von Reichbauer. “The law failed to take into account the uniqueness of individual properties, but instead blindly applied blanket standards that hurt property owners without showing any the benefit to the environment.”