Critical Area Ordinance   ---  September 1, 2010 Update

There has been a lot of confusion about the Critical Areas Ordinance (CAO), Shoreline Master Program (SMP), and how critical areas regulations affect the use of our uplands and the shorelines.  I believe that we all want to do as much as we can to maintain a good supply of fresh water for our wells, have good crab harvests for residents, restore local bottom fish and salmon stocks, and protect the outstanding natural values of the San Juans.   Our current critical areas regulations are well accepted and followed.

A Brief Summary

The Growth Management Act (GMA) requires we have a CAO.   We are working on our CAO/SMP review for the county to be in compliance with the law.  We cannot, simplistically, "just ignore it."  And, we won't. But we can make sure that our tailored approach will be consistent with best available science BAS and the views and rights of all of our citizens and property owners. 

I have carefully listened to the legitimate concerns of our property owners about “overdoing” our CAO following an initial draft ordinance.  I believe that a tailored approach will avoid that problem. To substantially change our existing regulations just does not make common sense.  We do want to make sure that CAO regulations do not intrude on our rights to use and enjoy our property.  Having run an organization based on the key principle of private property rights for 17 years (the Preservation Trust), I respect private property rights and know that our property owners here in the San Juans are good stewards of their land.  I will work to make sure that our tailored approach respects these rights.  Our citizens on Lopez, Shaw, and throughout San Juan County have an excellent conservation ethic and desire to keep the San Juans the special place that it is.  Property owners take care of their property, and they avoid actions detrimental to both their property values and our islands' environment

More Details

San Juan County is required by the state Growth Management Act (GMA) to review and, if necessary, update our regulations.  As a result of recent state legislation (EHB 1653), our current review process will be to handle both the upland and shoreline critical areas at the same time.  We plan to complete the upland CAO by mid-2011, and then the Shoreline Master Program (SMP) by the end of 2012.  Ultimately, there should be consistency for the management of critical areas in both the CAO and SMP.

A Tailored Approach

I am an advocate for a “tailored” approach whereby treatment of critical areas will be tailored to the conditions of specific parcels.  I am confident that is what we will ultimately have.  I anticipate only minor adjustments to existing county regulations for both the uplands and the shorelines, and they will not diminish property rights' interests, property values, nor revolutionize or radicalize our approach for the protection of the functions and values of our critical areas. The tailored approach for specific parcels will be based on best available science (BAS) per local and state guidelines.  Our approach will also be consistent with the views of all of our citizens and property owners who are overwhelmingly committed to protection of our freshwater resources, wildlife habitat, and natural values of our islands.

I have heard and listened to the legitimate concerns of our property owners about an initial draft of the CAO following a year-long effort by a citizens committee.  I have supported additional examination of best available science (BAS) prior to carrying out final reviews of critical areas and shoreline ordinances (although I have had concerns about adequate funds to support the work that, in turn, will take away from other needed work).   The gathering of information about BAS, including specific sample work in San Juan County, is currently underway with the assistance of Dr. Paul Adamus of Oregon State University and other scientists.   The Watershed Company of Seattle will also serve as consultants to the County for the CAO/SMP updates. There is an extensive public participation plan to make sure our citizens can be fully involved in the process.