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Proposed changes
to development regulations: Chapters 14.04, Definitions and 14.16.400
Zoning, Agricultural-Natural Resource Lands of Skagit County Code
Skagit County is proposing
to amend its development regulations, more specifically Chapters 14.04,
Definitions and 14.16.400 Zoning, Agricultural-Natural Resource Lands
of Skagit County Code. The proposed amendments were anticipated with an
interim ordinance adopted by the Skagit County Board of Commissioners
on February 9, 2009 entitled An Interim Ordinance Declaring an Emergency
and Adopting a Moratorium on the Acceptance of Applications for Wetland
Mitigation Banks on Lands Zoned Ag-NRL declaring a moratorium on the acceptance
of new special use permit applications for wetland mitigation banks on
Ag-NRL lands. The moratorium is effective for six months, and will therefore
expire on August 8 without additional action to renew it or adopt a permanent
ordinance. The proposed amendments would prohibit private wetland mitigation
banks on lands zoned Ag-NRL.
Wetland mitigation
banks are currently allowed in Ag-NRL, as well as several other zones,
as "habitat enhancement and/or restoration projects" as defined
in Skagit County Code 14.04.020:
Habitat enhancement
and/or restoration project: any project, including mitigation banks,
private projects or public projects, designed to create, restore and/or
enhance habitat for fish, birds and/or mammals and includes the alteration
of the landscape by excavation or sculpting of soil and/or the alteration
of hydrology. This does not include required on-site mitigation projects
associated with permitted development activities pursuant to Chapter
14.24 SCC or projects consisting exclusively of planting vegetation.
"Mitigation bank"
and "mitigation banking" are also defined in 14.04.020 and are
limited by their definitions to banks that create or restore wetlands.
In Ag-NRL, habitat enhancement and/or restoration projects are Hearing
Examiner Special Uses. Such projects must therefore be approved by the
Hearing Examiner after a public hearing and potentially lengthy process
designed to ensure public participation.
The proposed ordinance language accomplishes the goal of prohibiting private
wetland mitigation banks on lands zoned Ag-NRL with minimal changes to
Skagit County Code. In short, private mitigation banks would be specifically
disallowed in the list of Ag-NRL uses, and a new definition of private
mitigation banks would be added to distinguish from any banks owned and
operated by government agencies.
Related documents:
(Pdf)
Ordinance
O2009006: An Ordinance Prohibiting Wetland Mitigation Banks on Lands
Zoned Ag-NRL (PDF)
Planning
Commission’s Recorded Motion Prohibiting WMBs on Ag-NRL
Public
Hearing Comments 5/5/2009
Video:
Planning Commission Public Hearing 5/5/2009
Department
Responses to Comments (Pdf)
Memorandum
4-28-09
Notice of Availability
SEPA
Threshold Determination
SEPA
Environmental Checklist
Staff
Report
Ordinance
# O20090001
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