Thursday, September 21, 2006

Understanding the buffer zone battle

The article following our comments appeared in the September 20, 2006 edition of the Port Townsend & Jefferson County Leader.

While we understand that county officials prefer to characterize the 450 buffer as a "waiver buffer" for those who have enough land so that a 450 buffer does not impact their opportunity to build a home, there are others for whom this is not a practical option.  For them, the draft's 450 foot buffer for an uncategorized wetland comes into play as the default.  On page 14 of the May 17, 2006 draft update, Note 3 following table 3.3 states:

"Uncategorized wetlands shall be assumed to be Wetland Category 1 with wetland characteristics that require the largest buffer width in the respective wetland category, unless an assessment is made of the wetland in order to determine its category and classify the wetland according to the wetland characteristics in Table 3-4B of this section.  The applicant shall be responsible for determining the wetland category and characteristics, and that determination must be made by a qualified professional."
We understand this to mean that an uncategorized wetland is assumed to be a Category I wetland with high land use.  Referring back to Table 3-3, that means that the wetland has a 450 foot buffer until such time as the applicant pays a qualified professional to determine the wetland category and characteristics.  To us, that makes the 450 foot buffer for Wetland Category I at high levels of land use.  We think Note 3 is quite clear in its intent, and it sounds very much like a default buffer to us. 

Perhaps it's the difference in perspective brought to the table when you are the landowner who has not yet hired a wetlands professional to characterize and delineate the wetlands on your parcel, rather than if you are in the regulator's seat?


Understanding the buffer zone battle
County trying to educate on complicated issue

By Kasia Pierzga
Leader Staff Writer


Count planning staffers bristle when property owners point to a section of the critical areas ordinance that they believe requires a "default" buffer of 450 feet unless the owner of the property pays a professional wetland specialist to delineate the outer edge of the wetland. 

Cost estimates on wetland delineation vary, but habitat biologist Jill Silver said the bill could be as high as $2,000, depending on the property.

Critics of the proposed ordinance say it puts the brakes on just about any new activity adjacent to a wetland except for basic lawn maintenance.  Unless they want to pay for the delineation, anything more they do with their land can't encroach within 450 feet of a wetland.

But county planner Josh Peters says the ordinance does not establish a 450-foot default buffer.  Instead, it allows a property owner to go ahead with building plans without paying for a wetland survey.

Jefferson County's revised critical areas ordinance proposes to use a wetland management system developed by the state Department of Ecology.  Under the system, wetlands are categorized according to their level of function, with those scoring the highest level for wildlife habitat requiring the largest buffers to protect that function.

According to Peters, the maximum 450-foot buffer — which is provided as an option for landowners who decide they don't want to hire a specialist to perform a wetland survey — applies only when high-intensity land uses are proposed adjacent to wetlands that have been determined or presumed to have high habitat value.

The "waiver buffer" option does not apply to geologically sensitive areas, flood-prone areas, fish and wildlife habitat conservation areas such as streams, and areas where water drains rapidly into an underground aquifer.

For example, under the proposed critical areas ordinance, the standard buffer for a wetland that has high habitat function might be 300 feet when a high-intensity land use, such as residential development on one acre or less, is proposed.  In that case, a landowner who opts not to hire a wetland expert to delineate the wetland must stay 450 feet from the outer edge of the wetland.  A related discussion is who would pay for the initial wetland assessment — the county or the property owner.

According to Peters, the DOE guidelines that would be incorporated into the ordinance are more complex than current county standards, but also more flexible.  Wetland buffers might increase or decrease from current standards, depending on the land use proposed and the functions and values of the specific wetland.

In East Jefferson County, the typical freshwater wetland would probably be rated as moderate-value habitat, according to Donna Frostholm, a part-time wetlands specialist at the Department of Community Development.  Land with a wetland of moderate habitat value that would be used for a moderate-intensity land use, such as a single-family home on greater than one acre, would likely require a 110-foot buffer in the county's current regulations.

A person seeking a county approval to construct a building may be allowed to apply a smaller buffer through a habitat management plan that addresses how the resource will be protected.  The county also offers a "reasonable use variance" for land where critical areas severely constrain it use.

 

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