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Shorelines Management Program and Critical Areas Ordinance Update

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Critical Areas Ordinance

History

Text Box: The Critical Areas Ordinance applies to geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wetlands, and fish and wildlife habitat conservation areas. (WCC Chapter 16.16)    In response to concerns regarding rapid growth occurring in the State of Washington, the Washington State Legislature passed the Growth Management Act (RCW 36.70A) in 1990. The Growth Management Act (GMA) required counties and cities to adopt comprehensive land use plans and development regulations to coordinate and manage growth and development, as well as protect the State’s natural resources and critical areas. After several years of development, study and public input, the Whatcom County Council adopted the Whatcom County Comprehensive Plan in May 1997 and the Whatcom County Critical Areas Ordinance (CAO), WCC Chapter 16.16, in October 1997.

Under the provisions of the GMA, local jurisdictions must designate and manage regulated critical areas. Development activities within, or adjacent to these critical areas, are required to comply with the provisions of local critical areas ordinances.

The Whatcom County PDS Department is the primary agency responsible for implementing the Whatcom County Critical Areas Ordinance. The provisions of the CAO apply to any land use or development within an area that meets the definitions and criteria for critical areas as established in the ordinance. All land use and development permit applications submitted to Whatcom County PDS are reviewed for conformance with the provisions of the CAO.