County Strips Law Of Teeth No Penalties For Violating Environmental Edicts

Spokane County commissioners Tuesday compromised on the width of streamside buffers but removed penalties for violations of a controversial ordinance aimed at protecting sensitive areas.

The critical areas ordinance, mandated by the state Growth Management Act, was finally passed into law 3-1/2 years late.

“They’ve just taken all the teeth out of the law,” grumbled one planner.

County ordinances that are ignored can result in 90-day jail sentences and $1,000 fines per day. But the critical areas ordinance, which takes effect immediately, carries no penalties.

Commissioners Steve Hasson and Phil Harris said developers and landowners are under enough onerous restrictions.

“I think everyone knows how I feel. We don’t need the state telling us what to do in Spokane County,” Harris said.

He calls the Growth Management Act the “biggest con job ever perpetrated” on Washington residents.

“I think there are plenty of penalties out there,” Hasson added. “There’s a penalty just getting out of bed sometimes.”

Conservation-minded Commissioner John Roskelley also was outvoted on whether wetlands experts should be consulted by citizens before developing near wetlands.

The only victory for Roskelley - after a little old-fashioned horse trading with Hasson - was on riparian buffer widths. They are designed to protect fish and wildlife habitat.

The county planning commission widened the proposed buffers after two years of work by a citizens advisory committee. Hasson and Roskelley agreed to the committee’s recommendations.

Landowners cannot build within 200 feet of Type 1 rivers and streams - those with channel widths more than 20 feet. Exemptions can be obtained, however, if a property owner does not have 200 feet of property but still wants to build.

There are only a half-dozen Type 1 rivers in Spokane County - the Spokane River, Little Spokane River, Latah or Hangman Creek, Lower Peone or Deadman Creek, Rock Creek, and a small stretch of Dragoon Creek.

Buffers were set at 100 feet for Type 2 and Type 3 streams, or those with channels more than 5 feet wide and with year-round running water.

The width for Type 4 and Type 5 streams - those that run intermittently - are 50 and 25 feet, respectively.

“I think it’s a pretty good compromise given the differences that abound …,” Hasson said.

Joked Roskelley: “I wanted Type 1 buffers to be five miles and Type 2s to be three miles, so I compromised.”

People who disagree can first appeal to the newly created county hearing examiner. From there, they must go to Superior Court.

Citizens who don’t believe the ordinance complies with state law can appeal to the Olympia-based department that oversees the Growth Management Act.

, DataTimes