Groups file legal challenge against referenda that seek to overturn Critical Areas package

Emphasizing that state law and court rulings are clear that land use planning decisions under the state Growth Management Act (GMA) are not subject to referendum, Center for Environmental Law and Policy (CELP) and 1000 Friends of Washington today joined with King County in filing a legal challenge to three referenda that seek to overturn King County’s Critical Areas Ordinance package.

“While we respect the citizens’ right to initiative and referendum, the case law is clear. This ordinance package is not subject to that process,” said King County Executive Ron Sims. “The proper way to appeal these ordinances is through the state Growth Management Hearings Board.”

The Citizens’ Alliance for Property Rights began a signature-gathering drive last week aimed at putting the county’s three recently adopted critical areas ordinances on the ballot. The signatures are being solicited from citizens of unincorporated King County.

“The courts have time and time again wisely determined that local governments bear the responsibility to protect the property and health and safety of their residents,” said Aaron Ostrom, Executive Director of 1000 Friends of Washington. “This critical responsibility is not subject to initiative or referendum. Rolling back protections for water quality and drinking water supplies and eliminating safeguards against flooding and landslides are not allowed.”

The GMA requires the protection of critical areas based on best available science. King County updated its critical area regulations based on this standard. Sims pointed out that if these ordinances are overturned, King County will be out of compliance with the GMA.

“Certainly we believe that a referendum is not the proper avenue for opposing land use ordinances,” said Karen Allston, Executive Director of the Center for Environmental Law and Policy. “These ordinances ultimately protect the public’s right – for present and future generations of citizens – to use and enjoy the natural resources that are such an important component to our quality of life,”.

Approved by the King County Council on October 25, the Critical Areas package is a set of three ordinances that protect natural resources such as groundwater, the source of many rural landowners’ water, discourage sprawl and prevent property damage from flooding and erosion. Based on extensive public input, the regulations add flexibility, avoid a one-size-fit-all approach and make farming and forestry easier for property owners. The measures, which go into effect on January 1, 2005, also include incentives and tax breaks to land owners.

“Property rights advocates have created a lot of confusion about the effects of these measures and that is unfortunate,” said Executive Sims. “We should be celebrating the exceptional flexibility and protections provided by these ordinances. The fact is that the types of uses allowed on a property before the CAO are still allowed. The number of houses allowed has not changed. What is not allowed is clear cutting without a forestry permit. ”

In a series of cases, the courts have held that local ordinances adopted to implement GMA requirements are not subject to amendment by referendum or initiative. (City of Seattle, et al. v. Yes for Seatle, 122 Wn. App. 382 (2004); Whatcom County v. Brisbane, 125 Wn.2d 345, 350 (1994); Snohomish County v. Anderson, 123 Wn.2d 151, 159 (1994)).