Kent: Critical Areas Ordinance Update
The City of Kent is actively undertaking a necessary update to its Critical Areas Ordinance (CAO), codified in Chapter 11.06 of the Kent City Code, a vital effort driven by both state law requirements and the imperative to incorporate the Best Available Science (BAS). This revision is designed to ensure that the city's approach to protecting its natural resources aligns with the latest ecological knowledge, current legal mandates, and the established values of the community. Critical areas encompass a range of essential natural features, including wetlands, streams and their shoreline buffers, crucial aquifer recharge zones, areas identified as geologically hazardous, and designated fish and wildlife habitat conservation zones.
This update is a mandatory component of compliance with the Washington State Growth Management Act (GMA), specifically Chapter 36.70.A RCW, which compels all local governments to adopt and maintain regulations that preserve the natural environment, protect wildlife habitats, and safeguard sources of potable water. Beyond environmental conservation, these regulations are instrumental in promoting public safety by restricting development in areas susceptible to natural risks, such as landslides and flooding. The GMA explicitly requires that critical areas regulations be periodically evaluated and updated based on BAS, a process mandated to occur every ten years as part of the broader Comprehensive Plan update cycle.
The City's Planning Staff is currently advancing the project, and a recent update focused on the overall project timeline, the findings of a comprehensive gap analysis, and preliminary proposed code updates developed by the City's consultants, Environmental Science Associates. However, the anticipated schedule for the Ordinance's adoption faces a likely delay. This postponement stems from recent, significant discussions with the Washington Department of Fish and Wildlife (WDFW), conversations that necessitate further research and coordination efforts. The upcoming Planning Staff update is intended to detail the implications of these discussions, provide insight into coordination efforts with neighboring jurisdictions undertaking similar updates, and outline the Planning Staff’s proposed immediate action items moving forward.
The Planning Staff will concentrate its efforts on several key steps to finalize the CAO. This includes a continued, in-depth review of the Best Available Science to determine its appropriate and practical applicability within Kent's specific geographic and environmental context. Concurrently, staff will proceed with drafting the formal code updates. An important part of this due diligence involves monitoring and reviewing the Critical Areas Ordinance updates being considered by surrounding jurisdictions to ensure regional consistency where appropriate. The final phases of the update process will involve scheduling future public meetings with the Land Use and Planning Board and the City Council before the final, legally binding ordinance is formally adopted.