Commissioners extend wetlands deadline

The following article appeared in the June 27, 2006 Jefferson County edition of the Peninsula Daily News.

We should note that the updates do reduce the width of some types of buffer, and that what we are dealing with today is an update to an existing ordinance. There is an exemption for ongoing agriculture, but the exemption does not apply to new agriculture operations, or to substantial changes in ongoing operations. In a county where a large segment of the community supports the development of new farms intended to provide locally grown produce, this is a troubling oversight.

The agreement with the Washington Environmental Council was reached in an effort to avoid litigation where the county felt there was a chance that it would not prevail. County officials felt the agricultural exemption that had been built into the update was at stake.

As we are now engaging in a more open process, where we can be involved in helping to develop the update in consultation with county government and other community organizations, we can work on designing a community-based set of science-supported solutions that will meet the needs of our ecosystems, as well as providing opportunties for those who live on our natural landscapes.

With an update meeting these elements completed, we may well find that we have a result that other organizations do not wish to bring into litigation. It's far better to figure out and settle these things locally than to have burdensome outcomes imposed externally.

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Commissioners extend wetlands deadline

By Evan Cael
Peninsula Daily news

PORT TOWNSEND — The Jefferson County Commission has extended a deadline for adoption of an ordinance that would expand wetland buffer zones by 100 percent.

Commissioners extended the deadline for adoption of amendments to the county Unified Development Code from July 18 to Oct. 23.

The move was made on Monday in response to a barrage of public complaints at a June 21 county Planning Commission public hearing.

"We're going to take the time to come up with the right decision," said Commissioner Pat Rodgers, R-Brinnon.

The commission intends more public hearings and other measures to increase community involvement during the next three months.

Complaints summarized

During Monday's meeting, the commissioners heard a report from Rachel McHugh, county Department of Community Development long range planner, outlining the predominant points of contention expressed at the public hearing last week.

The hearing was attended by about 150 residents.

"Property rights were definitely a major factor," McHugh said.

She said many people were upset the county didn't bring the proposed critical areas amended ordinance — that would expand the current wetland buffer zones from between 25 and 150 feet to between 50 and 300 feet — to public discussion earlier in the process.

Because of this, McHugh said, many people had a distrust of county government and questioned if it had the citizens' benefits in mind when drafting the proposal.

Farmers exempt but leery

Although the proposal has exemptions for lands designated for agriculture, McHugh said, many farmers either don't understand that or don't believe it.

The proposed expansion of the buffer zones came about through a legal agreement the county signed with the Washington Environmental Council after the WEC claimed the county failed to use best available science to regulate wetland buffer zones.

The agreement mentions that WEC will work with the county to come up with proper buffers.

Many in last week's hearing interpreted this as implying the county was giving up its authority to govern itself and handing that power over to WEC.

The commissioners made clear Monday that that is not how they are interpreting it.

Rodgers said even if it means the WEC takes the county to court, the commissioners will retain authority over amending the critical areas ordinance.

"We intend to get to an answer but it's going to be from us, not some imposed force," said Rodgers.

Commissioner David Sullivan, D-Cape George, agreed:

"We haven't given up our authority to come up with our answer."

The commissioners said between now and the new deadline of Oct. 23, the main focus is to get the word out about the proposed amendments to give land owners, especially those living on wetlands, an opportunity to be a part of the process.

"The community process has got to be truly a community process and not just a performance," said Rodgers.

They directed Administrator John Fishbach to develop a schedule to ensure the county can meet the Oct. 23 deadline.

Fishbach was also instructed to write a simplified version of the proposed ordinance and the issues involved with is so that the average person can have an understanding of what's at stake.