Planning and Development Services

2022 Stormwater Code Update

Skagit County, along with most other cities and counties in the state, is required to update our stormwater regulations in response to the National Pollution Discharge Elimination System (NPDES) Phase II Stormwater Permit for Western Washington. In Washington State, the Environmental Protection Agency (EPS) has delegated the authority to administer NPDES permits to the Department of Ecology. Skagit County (and other municipal governments) are required NPDES permittees because our municipal stormwater system (i.e., our ditches) discharges to waters of the United States.

Skagit County’s initial permit went in effect in 2007, and an update in 2013, required Skagit County to adopt revised development regulations in 2015. These amendments set up separate rules for NPDES areas of the County (map shown below). They also required low impact development (LID) stormwater facilities and management practices, when feasible, in the NPDES area and floodplains. The most significant change may have been to adopt the 2012 Stormwater Manual of Western Washington for all areas of unincorporated Skagit County.

Development projects within the NPDES permit areas, defined as the Urban Growth Areas (UGA’s) and certain flood hazard areas, as shown below, are held to a higher level of standard.

The current proposal is also related to the County’s NPDES permit. We currently are subject to our third permit, effective August 1, 2019. The permit requires the County to:

“Implement an ordinance or other enforceable mechanism that addresses runoff from new development, redevelopment, and construction site projects. Each Permittee shall adopt and make effective a local program, no later than June 30, 2022, that meets the requirements of S5.C.6.b(i) through (iii), below, and shall apply to all applications submitted:

On or after July 1, 2022.
Prior to January 1, 2017, that have not started construction19 by January 1, 2022.20
Prior to July 1, 2022, that have not started construction by July 1, 2027.”

The purpose of these changes is to simplify the stormwater construction regulations for the customer, incorporate stormwater considerations early in the development process, and to maintain compliance with our permit.

Adoption Process

The stormwater code updates were reviewed by the Planning Commission during four work sessions, a public hearing, and a meeting to deliberate on the proposal. Planning & Development staff also hosted two virtual workshops on April 27th and 28th to provide the public an opportunity to ask questions about the proposed changes. The Planning Commission voted on a recommendation to the Board of County Commissioners for the adoption of the stormwater code amendments. Planning Commission meeting minutes, video, and relevant documents can be found here.

The Board of County Commissioners hosted a work session with PDS staff on June 27th, 2022, to discuss the Planning Commission recommendation. During the work session, the Board requested additional staff response to a letter from the Port of Skagit dated June 24, 2022. On June 28th, 2022, the Board deliberated on the stormwater amendments and adopted a final ordinance. The signed ordinance and adopted code language can be found here.