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Shorelines Management Program and Critical Areas Ordinance Update

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Critical Areas Ordinance

 

Current Regulations  - Download Current CAO - .pdf Format

 

Whatcom County’s critical areas provide essential functions and processes that are vital to the local environment and valued by Whatcom County’s citizens. To safeguard and minimize impacts to essential water resources; preserve and protect important fish and wildlife habitat areas; and protect the general public safety and welfare, development activities must be reviewed and managed carefully.

Where does the CAO apply?

The provisions of the Whatcom County Critical Areas Ordinance apply to any proposed land use or development activity within an area of Whatcom County that meets the definitions and criteria for critical areas as established in the CAO.

Text Box: The purpose of the Critical Areas Ordinance is to carry out the goals of the Whatcom County comprehensive land use plan by identifying and managing environmentally critical areas and ecosystems. The Critical Areas Ordinance seeks to maintain harmonious relationships between human activity and the natural environment. (WCC 16.16.100)

Critical Area Review

Development activities proposed within a critical area or critical area buffer are reviewed for:
  • Consistency with the purpose and standards of the CAO
  • Identification and implementation of protective or mitigating measures that are adequate enough to protect critical area function, as well as protect the public health, safety and welfare.

County review of proposed activities within a critical area or critical area buffer is initiated through application for any project permit in Whatcom County. The following critical areas review procedure is initiated when a project or land use application is submitted:

  • The Technical Administrator determines if a proposed project is located within a critical area or critical area buffer. bird eating fish
  • If a proposed activity is located within a critical area or its buffer, the Technical Administrator will confirm the presence or absence of critical areas through site inspection or other appropriate means.
  • If a project may impact a regulated critical area, a critical areas specialist is required to prepare a Critical Areas Assessment Report.
  • Where a project is proposed within an area where listed or locally significant wildlife species have a primary association, a wildlife habitat specialist may be required to prepare a habitat management plan.
  • The recommendations and conclusions of an approved assessment report or habitat management plan are used to assist the administrator in making a final determination regarding critical areas jurisdiction and appropriate mitigation measures.

Proposed critical area alterations that do not otherwise require County permit review or approval, must still comply with the provisions of the CAO.

Other Agencies that have jurisdictional control over critical areas may include: the Lummi Indian Nation; the Nooksack Tribe; the United States Army Corps of Engineers, Environmental Protection Agency, and Fish and Wildlife Service; the Washington State Department of Ecology, Department of Fish and Wildlife and Department of Natural Resources.