Everett, Wash.
Published: Thursday, October 11, 2007

Environmental groups decry county's new ecology rules

Wetland and wildlife protections aren't enough, their appeal claims.

By Jeff Switzer
Herald Writer

 Environmental groups are challenging Snohomish County's new wetland and wildlife regulations, saying the rules don't go far enough.

Futurewise, a group that opposes sprawling housing developments, has filed an appeal of the rules with the Central Puget Sound Growth Management Hearings Board. The Pilchuck Audubon Society and the Echo-Paradise Community are also named in the appeal of the county rules.

The county's new rules do a better job than the former rules of protecting water quality and habitat along shorelines and streams, said Kristin Kelly of Futurewise.

However, the new rules are too lax in protections for wetlands, Kelly said. Property owners are allowed to set aside less land around wetlands if they put up a fence or install additional plants. The rule changes vary depending upon the quality and importance of the wetland or habitat.

That flies in the face of scientific evidence that a certain amount of land is needed as a protective buffer between housing and wetlands, she said.

"We feel it isn't going to protect the land," Kelly said. "We want them to do a better job."

Also, the rules protect some wildlife that don't need habitat protection in the county, such as the Larch Mountain salamander and gray whale, she said. However, the rules don't protect the Western toad and golden eagle, which are in the county, she said.

"While we don't like to litigate, the county can't just ignore the science," Kelly said.

She also said she hopes the board will send the rules back to the county "so we can get these problem areas in an otherwise excellent critical areas ordinance fixed."

The rules were late in coming. They were due 2004, but lengthy analysis and public debate pushed adoption of the rules to August.

The stricter rules took effect Oct. 1. Landowners rushed to apply for 42 permits the week before the change, setting a record for the most permits applied for in a week for large projects such as subdivisions, homes on a common property and multifamily projects.
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