Protected-Land Rules Get Ok All Parties Made Compromises During 4-Year County Process

A debate that started more than four years ago ended Tuesday when Spokane County commissioners quietly passed one of the most contentious laws they’ve ever considered.

The “critical areas” ordinance, required under the state Growth Management Act, establishes rules for protecting wetlands, forests and other fragile areas. It pitted developers against environmentalists in a battle neither group won.

The ordinance affects where cattle can be grazed, land tilled and houses built.

A key provision prohibits new houses within 200 feet of the Spokane or Little Spokane rivers, and Hangman and Dragoon creeks. Smaller setbacks are required for other streams.

The county can allow exceptions if a lot is so small the restriction would prevent the owner from building.

Environmentalists and Commissioner John Roskelley favored keeping houses even farther from the water. The buffer is designed to prevent bank erosion, habitat destruction and pollution.

Developers and Commissioner Phil Harris argued that 200 feet is too restrictive.

Commissioner Steve Hasson said the resulting compromise is a good one. “This (ordinance) is a major accomplishment for this board. It’s a major accomplishment for this community,” he said.

Under state law, the county was supposed to have a critical areas ordinance on the books by September 1992. But a citizens committee assigned to writing the document didn’t start meeting until May of that year, and state officials waived the deadline.

The committee, which included developers, farmers and environmentalists, haggled for nearly three years before producing a document that almost no one on the committee thought was perfect. One member complained it was a committee of special interests rather than ordinary citizens.

The county planning commission changed the ordinance, making it tougher, before sending it to commissioners for approval last November.

Nearly 200 people attended a six-hour hearing in February, with some quoting James Madison and others waving copies of the U.S. Constitution. Hasson said it was the biggest crowd he’d seen in seven years on the commission.

Commissioners in March agreed to pass the ordinance after Hasson and Harris first voted to strip it of penalties for violators. Planners say many regulations can be enforced under other laws, but acknowledge the change took away much of the document’s strength.

Commissioners finally got around to passing the ordinance Tuesday. It takes effect Aug. 1, but applies even to land already platted.

While the state allowed Spokane County to miss its deadline, Gov. Mike Lowry has imposed sanctions against Chelan County for not even beginning work on a critical areas ordinance and other requirements of the Growth Management Act.

Lowry announced last week that Chelan County will lose about $140,000 in money earmarked for road work for every month it ignores the law.

Chelan County has been out of compliance with the Growth Management Act since 1991. County officials there contend the act is unconstitutional and say they have no intention of meeting its requirements.

, DataTimes