State Again Rejects County Growth Law

Thu., Aug. 14, 1997

By Tracy Ellig tracye@spokesman.com

For the second time in five months, the state has rejected a Spokane County land-use ordinance designed to protect streams, wetlands and other sensitive areas.

The Eastern Washington Growth Management Hearings Board ruled Monday that the county “failed to include the ‘best available science’ in the substance of its critical areas ordinance.”

The board sent back the ordinance for the same reason in April. County commissioners responded, in part, by increasing no-development buffer zones along rivers and streams from 200 to 250 feet.

Last year, the Washington Environmental Council and a self-styled “quality of life advocate” who goes by the name Easy complained that Spokane County didn’t use good science in tailoring the critical areas ordinance.

The ordinance is the county’s effort to comply with the state’s Growth Management Act, which aims to control urban sprawl and protect natural resources. The Eastern Washington hearings board listens to complaints from citizens about how local governments implement the law.

If the county had used the best science, the buffer zones might be more stringent, Easy said Wednesday.

Developers disagree.

Science could also show the buffer zones need to be less stringent, said Al Haslebacher, executive officer of the Spokane Home Builders Association.

“The best available science is in the eye of the beholder,” Haslebacher said. He recommended that the county use a panel of experts.

The hearings board also directed the county to develop a process for weeding through competing scientific data.

Hiring experts would be one way to do that, said John Mercer, the county’s long-range planning director.

Whether going through such a process will result in any significant changes to the current buffer zones is unclear.

“We are not certain the board is telling us we have to amend the ordinance as it is right now,” Mercer said.

But Easy said the board wants the county to revisit its buffer zones using the new process.

Board members could not be reached for comment Wednesday.

The county is expected to detail in writing by Aug. 22 how it will comply with the board’s decision.

Easy and the Washington Environmental Council will get a chance to comment on any proposed changes before they are sent to the board for review.

, DataTimes MEMO: This sidebar appeared with the story: WHAT’S NEXT Spokane County is expected to detail in writing by Aug. 22 how it will comply with the decision by the Eastern Washington Growth Management Hearings Board.

This sidebar appeared with the story: WHAT’S NEXT Spokane County is expected to detail in writing by Aug. 22 how it will comply with the decision by the Eastern Washington Growth Management Hearings Board.

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