- City Manager
- City Clerk
- City Attorney
- Finance
- Parks and Recreation
- Senior Services
- Marina
- Planning and Building
- Court
- Police
- Public Works / Engineering
Critical Area Ordinance Update Complete
1. Definitions and terminology were added and modified (DMMC 18.04 and 18.86).
2. Adopt Ecology’s wetland classification and rating system that differentiates wetlands based on their functions, rarity, sensitivity to disturbance, and irreplaceability. Wetlands are placed in one of four categories, according to their functions and values:
• Category I: wetlands with unique or rare wetland type, are more sensitive to disturbance than most wetlands, are relatively undisturbed and contain some ecological attributes that are impossible to replace within a human lifetime, or provide a very high level of functions. Wetlands scoring 70 points or more (out of 100) on the on the questions related to functions.
• Category II: wetlands rare plant species; or having moderately high level of ecological functions that may not be adequately replicated; or wetlands scoring between 51-69 points (out of 100) on the questions related to the functions.
• Category III: wetlands with a moderate level of functions and scoring between 30-50 points using the DOE rating system. Includes interdunal wetlands between 0.1 and 1 acre in size. Category III wetlands often disturbed, less diverse or more isolated.
• Category IV: hydrologically isolated wetlands ≤1 ac with 1 wetland class and, dominated by non-native monotypic vegetation; or ≤2 ac with one class and >90% cover of non-native plants. Category IV wetlands have the lowest levels of functions (scores less than 30 points) and are often heavily disturbed.
3. Adopt Ecology’s buffer Alternative 3 with buffer ranges that pertain to high intensity land uses. Wetland buffers are determined based on the wetland rating, intensity of land use impacts, and functions or sensitivity of wetland to disturbance. Development standards include criteria to increase, decrease and average buffers.
4. Establish minimum acceptable mitigation ratios by wetland category. The recommended ratios of mitigation (for enhancement, rehabilitation or creation of new wetlands) provide flexibility to staff to work with property owners or developers as they provide their wetland studies and proposals for specific projects.
5. Establish limited exemptions for wetlands that provide criteria for regulating wetland larger than 4,000 square feet (sf), wetlands between 1,000 and 4,000 sf and wetlands less than 1,000 sf.
6. Adopt the State’s permanent water typing system that is based on shorelines of the State, fish presence, and flow regimes (WAC 222.16.030).
7. Adopt stream buffers for urban areas consistent with King County’s CAO that address buffer function and effective widths using best available science. Buffer functions include sediment removal/erosion control, pollutant removal, large woody debris recruitment, water temperature protection, wildlife habitat, microclimate protection, organic litter production, and bank stabilization.
8. Expand development standards for geologically hazardous areas to address the following:
9. Drainage and control of site runoff in order to maintain the stability of the slope (Hillsides of 15 percent slope and greater);
10. Development within seismic hazard areas;
11. Top and bottom of slope set back limits from landslide hazard areas and under what conditions these set backs may be reduced from the prescriptive values;
12. Temporary erosion and sediment control plans, drainage requirements, and allowances for a dry season grading extension in erosion hazard areas.
13. Expand development standards for CARAs to include the requirements of the special environmental study, who can perform such a study, what types of development cannot occur within a CARA.
14. Expand development standards for FWHCAs that include requirements for specific habitats related to endangered, threatened, and sensitive species, bald eagles and anadromous fish.
BACKGROUND
What is the Critical Areas Ordinance Update?
Do you enjoy fishing, viewing wildlife, or simply the presence of natural open spaces? If so, you’ll be interested to know that the City of Des Moines is updating the City’s Environmentally Critical Areas regulations. The Critical Areas Ordinance (CAO), Chapter 18.86 of the Des Moines Municipal Code, establishes the regulatory framework for managing the City’s critical areas. The CAO was updated to meet current state requirements and guidelines.
State Requirements
The Washington State Growth Management Act (GMA) RCW 36.70A requires every county and city in Washington to adopt policies and development regulations that designate and protect critical areas. Critical areas include:
• Wetlands
• Areas with a critical recharging effect on aquifers used for potable water
• Fish and wildlife habitat conservation areas
• Frequently flooded areas
• Geologically hazardous areas
In 1995 the Legislature added a new section to the GMA that raised the standard for designating and protecting critical areas and protecting anadromous fisheries. The Revised Code of Washington (RCW 36.70A.172) clarifies the state’s goals and policies for protecting critical areas’ functions and values by requiring that local governments include the “best available science” (BAS) when designating and protecting them.
Best Available Science
The BAS or valid science is often represented as research conducted by qualified individuals using documented methodologies that lead to verifiable results and conclusions. The responsibility for including the best available science into GMA policies and development regulations rests with the legislative authority of the county or city. Appropriate sources of scientific information as defined in the Washington Administrative Code (WAC 365-195-905) include:
• Research
• Monitoring
• Inventory
• Survey
• Modeling
• Assessment
• Synthesis
• Expert opinion
Summary of the update process:
Spring/Summer 2005: A BAS review of Des Moines’ critical areas regulations was completed by a qualified scientific expert. The BAS review concluded that Des Moines’ critical area regulations reflect the City’s effort to protect critical areas and avoid conflict between environmental protection and pragmatic economic and political activities. The BAS review included recommendations for the City to consider for meeting current state requirements and guidelines. A key recommendation was for the City to complete an inventory of its critical areas to provide a scientific basis for updating the CAO.
Spring of 2006: Planning Agency and City Council meetings were held to discuss proposed updates to the CAO. In May 2006, the City adopted minor updates to the CAO to bring the City into compliance with State law and GMA requirements (Ordinance No. 1378). A work program for more substantive updates to the CAO was prepared as part of this process.
September 2006: A Critical Area Inventory was completed. Information from the inventory provided guidance to staff, the Planning Agency and Council Environment Committee on issues related to wetland and stream buffers, wetland mitigation ratios and FWHCAs.
June-November 2006: Five Planning Agency and twelve Council Environment Committee meetings were held to discuss recommended updates to critical area regulations. The following topics were discussed: wetland classification and rating system; wetland buffers and mitigation ratios; stream typing and buffers; geologically hazardous areas; critical aquifer recharge areas (CARAs); and FWHCAs.
Each topic item was first discussed with the Planning Agency to provide an opportunity for public input. No public comments were received at any of the Planning Agency meetings. All materials presented to the Planning Agency, including the project schedule and staff contact information, were posted on the City’s website. The Planning Agency forwarded their recommendations to the Council Environment Committee for further consideration and recommendation to the Council of the whole.
December 2006-March 2007: Proposed amendments to Des Moines CAO and associated maps were discussed at the December 14, 2006 and January 18, 2007 City Council meetings. No public comments were received at these Council meetings.
A required 60-day notice to adopt amendments to Des Moines environmentally critical area regulations was sent to CTED on January 3, 2007. The draft CAO amendments along with a critical areas update checklist were submitted to CTED on January 30, 2007.
The City issued a Notice of Determination of Non-significance (DNS) for the CAO update on February 9, 2007. The appeal period for the DNS closed at 4:30 p.m. on March 8, 2007; no appeals were filed. Accordingly, a Public Hearing and 1st Reading and adoption of the ordinance was held at the March 8, 2007 City Council meeting.
Where are we going from here?
Summer/Fall 2006 – Work will focus on completing a critical areas inventory. Based on the findings of the critical areas inventory, the City will consider modifications to critical area buffers and protection measures. This effort will include a series of meetings with the Planning Agency and City Council. The public is invited to comment through these forums (see schedule). Public notification of these meetings will be provided.
Additional information:
June 2007
CAO City Currents Article
March 8, 2007
Staff Presentation to Council
January 18, 2007
Staff Presentation to Council
December 14, 2006
Staff Presentation to Council
Discussion Topics - CAO Updates
October 2006 City Currents Article
Critical Aquifer Recharge Areas (continued) and Fish and Wildlife Habitat Conservation Areas
October 02, 2006
Presentation to Planning Agency
SEPTEMBER 11, 2006 MEETING
PLANNING AGENCY DISCUSSION TOPICS
Wetland Mitigation Ratios, Critical Aquifer Recharge Areas and Development Standards for
Geologically Hazardous Areas
AUGUST 7, 2006 MEETING
PLANNING AGENCY DISCUSSION TOPICS
Wetland and Stream Buffers
Wetland Examples
JULY 27, 2006 MEETING
CITY COUNCIL DISCUSSION TOPICS
Wetland Classification and Rating System and Stream Typing System
July 27, 2006
Staff Presentation to Council
JULY 17, 2006 MEETING
PLANNING AGENCY DISCUSSION TOPICS
Wetland and Stream Classification, Rating System and Associated Buffers
Presentation to Planning Agency
September 11, 2006
Presentation to Planning Agency
July 17, 2006
Presentation to Planning Agency
Des Moines Open House Presentation
Washington Depart. of Ecology Presentation
Washington Dept. of Fish & Wildlife Presentation
CAO Project Page Archive
Offer your feedback by calling or sending comments to the City of Des Moines Community Development Department.
Denise Lathrop, Planner II
City of Des Moines, Community Development Dept.
21630 11th Avenue South, Suite D
Des Moines, WA 98198
Phone: (206) 870-6563
e-mail: dlathrop@desmoineswa.gov
