PORT TOWNSEND — Jefferson County has reached an agreement with the Washington Environmental Council, settling two petitions against the county’s Unified Development Code regulating development near critical riverbed areas.
In 2001 and 2005, the Washington Environmental Council filed petitions claiming the Unified Development Code, established in 2001, failed to use best available science to determine development zoning near rivers.
Best available science must be used, according to state law, to establish a safe distance from riverbeds in which development can occur without disrupting fish and wildlife.
Jefferson County and the Washington Environmental Council cooperated to create a settlement agreement out of court, which avoided costly and drawn-out litigation.
“With this agreement, we’ve got a double winner,” said Al Scalf, director of the Department of Community Development, about the agreement which was announced on Friday.
“We’re taking care of people and taking care of the environment.”
Scalf said the county is continually learning more about critical areas and issues involving flood plains, channel migration zones, wetland mitigation and wildlife habitat.
“In the process, we’re more effectively applying best available science through new regulations.”
150-foot requirement
State law requires development to occur at least 150 feet from riverbeds.
Although the county’s Unified Development Code zoned development 150 feet from rivers, it failed to incorporate past and future river channels.
That issue is what the Washington Environmental Council’s petitions addressed.
“Our agreement is based on the fact there will be ongoing monitoring of the critical areas,” said Tom Geiger, communications and outreach director of the Washington Environmental Council, a statewide advocacy organization that works to improve and enforce environmental laws.
“This is a good example how county governments and environmental organizations can work together to come up with solutions.”