The Truth About Smart Growth

The Truth About Smart Growth

Opponents of new county land rules consider their next move

2004-10-27
by Dean A. Radford
Journal Reporter

In a night of defeats for rural residents, Rodney McFarland is at least happy he can still wash his car in the driveway, thanks to a County Council Democrat.

``We got one big win,'' the May Valley resident said. ``Julia Patterson jumped ship.''

What the County Council got was a beehive full of angry people that could lead to lawsuits, potentially another drive to form a new county -- and a referendum to overturn the ordinances.

In the end, the King County Council approved the three ordinances on party line votes, 7-6, in relatively rapid fire starting with critical areas such as wetlands at about 11:40 p.m. Monday.

Approval of new stormwater and clearing and grading ordinances came after midnight Monday.

The new ordinances include new wetland buffers, clearing limits and runoff rules that have angered rural residents.

One rule requires that some large properties retain 65 percent of native vegetation.

The council's Democrats say the winners in this heated debate are the environment and wildlife, both of which are threatened by human encroachment. To ease the burden on rural residents, they offered tax incentives and changes that allow rural land owners the ability to partake in normal rural activities, such as having a horse or growing a garden.

``For generations to come, this legislation will help prevent flooding and erosion and protect our drinking water, streams and wetlands from being degraded by new development,'' Dow Constantine, the key architect of the proposal approved by the council, said in a statement.

``What they have done is given the preservationists their big payoff. This is just the beginning,'' said Preston Drew of Carnation, a top advocate of private property rights.

``This set of regulations is not going to go down well with rural landowners,'' said Richard Bonewits, chairman of the Maple Valley Unincorporated Area Council. He added that ``no amount of lipstick on a pig'' will change that feeling.

The new legislation was heralded by environmental groups, even though some of the support was tepid.

Some, including Councilman David Irons of Sammamish, are lambasting the Democrats for pushing through the ordinances late into the night. But it doesn't matter if it was done at 9 a.m., McFarland said.

``It still stinks,'' he said.

The Democrats argued it was time to act after holding two-dozen meetings on the matter and hearing from hundreds of county residents. The rules only apply to unincorporated areas; cities have their own critical areas ordinances.

The Democrats hold the majority on the council and are responsible -- along with County Executive Ron Sims -- for most of the content in the update of the three ordinances.

In a rare break for a Democrat, Patterson of SeaTac voted with the six Republicans to allow vehicle washing on a hard surface.

Democrats wanted cars, boats and other vehicles washed on something soft, such as a lawn, so that any contaminants from the vehicles would filter out naturally in soil, rather than reach the groundwater.

The limit on car-washing was one of impacts on everyday things that angered rural residents. But the council also changed some restrictions so that people can cut blackberries, remove hazard trees and collect firewood in forested areas.

The next step is for Sims' staff to turn these broad policies into regulations that would take effect Jan. 1.

But the future of those efforts and the ordinances themselves could be placed in doubt by a referendum that so far is flying under the radar.

Looking out at the shallow sea of faces that remained in the council's chambers Monday night, David Irons could already see the political odd bedfellows who could come to together in their mutual distaste for the new policies.

Lawyers and legal volunteers are being lined up, he said, to work on a referendum process available to residents of unincorporated areas who want to overturn a council policy.

They would need 8,200 signatures to place the referendum on the 2005 general election ballot, he said.

Some attorneys might argue that the state's Growth Management Act can't be overturned by an initiative or referendum, he said. But Irons points out that the county could revert to the ordinances adopted in the early 1990s and just amended.

A willing soldier is Robert Larsen of Carnation. He has been an outspoken critic of Sims, the council's Democrats and the critical areas ordinances.

``I will be personally responsible for 10,000 signatures,'' he said.

Dean Radford covers King County. He can be reached at dean.radford@kingcountyjournal.com or 253-872-6719.

KEY PROVISIONS

* Owners of lots five acres and smaller can clear up to 50 percent of their land, compared to the 35 percent originally proposed.

* Owners of lots five to seven and a half acres can clear two and a half acres or 35 percent, whichever is greater.

* In some watershed basins, the 35 percent limit is in force for all lots if required in a basin plan.

* For lots under 1 acres, clearing for utilities, septic systems and access won't count toward the clearing limit.

* Previously cleared areas on a parcel are exempt from the clearing regulations. Replanting isn't required, but is encouraged with tax breaks and other incentives.

* Logging carried out under a county Forest Management Plan will not count against the clearing limit.

* A clearing limit won't be recorded on a property title.

* A strict limit of no more than 10 percent impervious surface on a parcel was replaced with recognized best ways to control runoff.

* A ``one-size-fits-all'' buffer for wetlands was replaced with flexible buffers determined by the value of a particular wetland to wildlife and water supplies.

Eastside:
King County Journal
1705 132nd Ave. N.E.
Bellevue, WA 98005-2251
Phone: 425-455-2222
Fax: 425-635-0602

South County:
King County Journal
600 Washington Ave. South
Kent, WA 98032
Phone: 253-872-6600
Fax: 253-854-1006
All materials Copyright © 2004 Horvitz Newspapers, Inc.

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	The Truth About Smart Growth
	Opponents of new county land rules consider their next move 2004-10-27 by Dean A. Radford Journal Reporter In a night of defeats for rural residents, Rodney McFarland is at least happy he can still wash his car in the driveway, thanks to a County Council Democrat. ``We got one big win,'' the May Valley resident said. ``Julia Patterson jumped ship.'' What the County Council got was a beehive full of angry people that could lead to lawsuits, potentially another drive to form a new county -- and a referendum to overturn the ordinances. In the end, the King County Council approved the three ordinances on party line votes, 7-6, in relatively rapid fire starting with critical areas such as wetlands at about 11:40 p.m. Monday. Approval of new stormwater and clearing and grading ordinances came after midnight Monday. The new ordinances include new wetland buffers, clearing limits and runoff rules that have angered rural residents. One rule requires that some large properties retain 65 percent of native vegetation. The council's Democrats say the winners in this heated debate are the environment and wildlife, both of which are threatened by human encroachment. To ease the burden on rural residents, they offered tax incentives and changes that allow rural land owners the ability to partake in normal rural activities, such as having a horse or growing a garden. ``For generations to come, this legislation will help prevent flooding and erosion and protect our drinking water, streams and wetlands from being degraded by new development,'' Dow Constantine, the key architect of the proposal approved by the council, said in a statement. ``What they have done is given the preservationists their big payoff. This is just the beginning,'' said Preston Drew of Carnation, a top advocate of private property rights. ``This set of regulations is not going to go down well with rural landowners,'' said Richard Bonewits, chairman of the Maple Valley Unincorporated Area Council. He added that ``no amount of lipstick on a pig'' will change that feeling. The new legislation was heralded by environmental groups, even though some of the support was tepid. Some, including Councilman David Irons of Sammamish, are lambasting the Democrats for pushing through the ordinances late into the night. But it doesn't matter if it was done at 9 a.m., McFarland said. ``It still stinks,'' he said. The Democrats argued it was time to act after holding two-dozen meetings on the matter and hearing from hundreds of county residents. The rules only apply to unincorporated areas; cities have their own critical areas ordinances. The Democrats hold the majority on the council and are responsible -- along with County Executive Ron Sims -- for most of the content in the update of the three ordinances. In a rare break for a Democrat, Patterson of SeaTac voted with the six Republicans to allow vehicle washing on a hard surface. Democrats wanted cars, boats and other vehicles washed on something soft, such as a lawn, so that any contaminants from the vehicles would filter out naturally in soil, rather than reach the groundwater. The limit on car-washing was one of impacts on everyday things that angered rural residents. But the council also changed some restrictions so that people can cut blackberries, remove hazard trees and collect firewood in forested areas. The next step is for Sims' staff to turn these broad policies into regulations that would take effect Jan. 1. But the future of those efforts and the ordinances themselves could be placed in doubt by a referendum that so far is flying under the radar. Looking out at the shallow sea of faces that remained in the council's chambers Monday night, David Irons could already see the political odd bedfellows who could come to together in their mutual distaste for the new policies. Lawyers and legal volunteers are being lined up, he said, to work on a referendum process available to residents of unincorporated areas who want to overturn a council policy. They would need 8,200 signatures to place the referendum on the 2005 general election ballot, he said. Some attorneys might argue that the state's Growth Management Act can't be overturned by an initiative or referendum, he said. But Irons points out that the county could revert to the ordinances adopted in the early 1990s and just amended. A willing soldier is Robert Larsen of Carnation. He has been an outspoken critic of Sims, the council's Democrats and the critical areas ordinances. ``I will be personally responsible for 10,000 signatures,'' he said. Dean Radford covers King County. He can be reached at dean.radford@kingcountyjournal.com or 253-872-6719. KEY PROVISIONS * Owners of lots five acres and smaller can clear up to 50 percent of their land, compared to the 35 percent originally proposed. * Owners of lots five to seven and a half acres can clear two and a half acres or 35 percent, whichever is greater. * In some watershed basins, the 35 percent limit is in force for all lots if required in a basin plan. * For lots under 1 acres, clearing for utilities, septic systems and access won't count toward the clearing limit. * Previously cleared areas on a parcel are exempt from the clearing regulations. Replanting isn't required, but is encouraged with tax breaks and other incentives. * Logging carried out under a county Forest Management Plan will not count against the clearing limit. * A clearing limit won't be recorded on a property title. * A strict limit of no more than 10 percent impervious surface on a parcel was replaced with recognized best ways to control runoff. * A ``one-size-fits-all'' buffer for wetlands was replaced with flexible buffers determined by the value of a particular wetland to wildlife and water supplies. Eastside: King County Journal 1705 132nd Ave. N.E. Bellevue, WA 98005-2251 Phone: 425-455-2222 Fax: 425-635-0602 South County: King County Journal 600 Washington Ave. South Kent, WA 98032 Phone: 253-872-6600 Fax: 253-854-1006 All materials Copyright © 2004 Horvitz Newspapers, Inc.
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