Council hears draft critical-areas ordinance to align Lynnwood with state science; stream buffers to increase

City planners on Monday presented a first draft of Lynnwood’s updated critical-areas regulations, saying the rewrite is intended to align local code with recent guidance from the Washington State Department of Ecology and the Department of Fish and Wildlife and to incorporate “best available science.”

Rebecca Sami, the city’s principal planner, told the council the project reorganizes the existing chapter 17.10 into a new chapter 8.10 for substantive critical-area rules and moves permitting and administrative processes into chapter 8.90 to match the Unified Development Code’s structure. “What we have before you tonight is our first initial draft of a critical areas ordinance regulations that’s going to help set up our compliance with the Department of Ecology and the Department of Fish and Wildlife,” Sami said.

The presentation laid out three main changes: updated wetland tables and mitigation ratios, clarified definitions and qualifications for “qualified professionals,” and revised stream-buffer approaches that use site-specific measures such as site-potential tree height alongside riparian management zones. Carl Umgren, community planning manager, said the city intends to offer some flexibility for site conditions while still meeting agency intent. “We are making provisions for the use of what’s called site potential tree height, in addition to the riparian management zones, but still trying to create some flexibility and reasonableness within our stream buffers,” he said.

Staff described concrete buffer adjustments that will be proposed in the draft ordinance. For Type F streams the code would move the standard buffer from 100 feet to 150 feet. For Type N streams, staff said many buffers would increase by about 40 feet, landing around 100 feet in several cases, bringing Lynnwood closer to neighboring jurisdictions that have already increased their buffers.

Planners emphasized that habitat ratings and buffer distances will be determined on a site-by-site basis by a qualified professional using Ecology rating forms and field verification, not by a map alone. Sami said the update adds mitigation-preservation columns to existing tables and tightens the definition and roles of qualified wetland professionals. She also noted the city will require critical-area site plans and mitigation plans to be recorded on title so future property owners are aware of them.

On process and schedule, staff said the draft would go to the planning commission for a July 1 study session and a July 27 public hearing, return to council for another briefing on July 20, and be scheduled for final consideration on Aug. 10. Council members raised questions about costs and notice to property owners. Staff replied that the city maintains indicator maps to guide initial inquiries, but property owners are typically responsible for paying consultants for reconnaissance and critical-area reports; staff can, however, provide technical support and ask Ecology for technical assistance when needed.

Council discussion also focused on how to balance added protections with development and housing goals. Staff noted the code includes clarified reasonable-use exception criteria and that the hearing-examiner process will remain in place for such requests. “The reasonable-use permit process does go to the hearing examiner,” Sami said, “so that it can be adjudicated through that administrative review.”

Next steps include the planning commission review and public hearing in July and follow-up briefings to the council prior to final consideration in August.