Public comment period under way for CAO implementation

2004 Archived News

King County is taking public comment on draft public rules that will guide the implementation of sections of the three newly approved ordinances commonly referred to as the Critical Areas Ordinances or the CAO.

Legal notice has been published in The Seattle Times and the Seattle Post-Intelligencer for the four public rules now up for comment. Notice will be published soon when the county is ready to take comment on two additional rules. Copies of the rules are available at all King County Public Libraries and on the King County Web site.

The draft public rules cover a variety of topics relating to the administration of the CAO, including such things as how staff will give free assistance to landowners developing a rural stewardship plan, and procedures and design details for developers and builders for how to mitigate the stormwater flooding, erosion and water quality impacts of land cover changes. The public comment period is for the rules only, not the content of the ordinances.

For information on how to access the draft rules and how to comment, go to the County Web site: http://www.metrokc.gov/cao.

Proposed Farm Management Plan and Rural Stewardship Plan public rules

The Critical Areas Ordinance includes new provisions that allow rural property owners the flexibility to develop a plan for their property that takes into account its specific characteristics rather than a one-size-fits-all fixed standard for stream and wetland buffers. Two proposed public rules will guide county staff in helping landowners develop farm and rural stewardship plans.

Property owners are eligible for potential property tax reductions ranging from 50-90 percent with completion of a stewardship plan.

Farmers and property owners with horses can develop a farm plan with the King Conservation District in place of complying with fixed buffers. This feature of the CAO was developed during a multi-year process with farmers, the King Conservation District, King County's Agriculture Commission and the Departments of Natural Resources and Parks and Development and Environmental Services.

Written comment on these two proposed rules will be accepted through Jan. 7, 2005.

Proposed Stormwater public rules

The Surface Water Design Manual and the Stormwater Pollution Prevention Manual are both being updated as part of the new Stormwater Ordinance. A public rule for each will guide staff in implementing the updates. The first rule will guide permit applicants and review staff in the design of facilities and measures to mitigate the impacts of additional stormwater runoff and pollution caused by land cover changes such as new impervious surface or conversion of forest to lawn. The second rule applies to implementation of stormwater pollution prevention measures for activities such as vehicle repair and maintenance, equipment washing, waste storage and handling, fueling operations and construction. Public comment on the two stormwater rules will be accepted until December 21, 2004.

Proposed Forest Stewardship Planning public rule

King County adopted a Forest Stewardship Plan public rule in June 2002. It describes the requirements for forest stewardship or forest management plans to meet the requirements of several County programs that give tax breaks for conserving forestland. The CAO ensures that forest practices will be subject to state forest practice rules instead of county development regulations. Minor revisions to the rule will soon be proposed to reflect changes in the Critical Areas Ordinances. King County will accept written public comments during a 45-day comment period.

Proposed Recorded Notice public rule

For a number of years, King County has required a recorded notice when a development proposal takes place on a parcel that includes critical areas. The details of the recorded notice are included in a public rule. Amendments to the existing public rule are necessary as a result of changes in the Critical Areas Ordinance. The proposed amendments to the rule will be released for public comment before the end of the year.

The CAO

The newly approved ordinances do not change zoning of property, but do call for environmental protections if a landowner plans to develop the property or make a major change of land use. The ordinances do not apply to unmodified existing uses.

The updates of the three ordinances meet requirements of the state Growth Management Act that land-use regulations be science-based. The CAO will help ensure plentiful clean water for people and fish, prevention of stormwater flooding, erosion and landslides and will make many existing and new agricultural practices easier than under the current regulations.