Extensive permit reviews are required for additions to homes in habitat areas
Steve Morasch
Schwabe, Williamson and Wyatt
On June 20 the Clark County Board of Commissioners adopted some amendments to the Habitat Conservation Ordinance that will affect many homeowners in the unincorporated areas of Clark County. The new ordinance requires any expansion or addition to existing homes that are located in habitat areas to undergo a lengthy and potentially expensive permit review process. Previously, home expansions that did not exceed the existing footprint of the house by more than 25 percent were exempt from review.
The new ordinance still allows existing homes within habitat areas to be expanded by at least 25 percent, but Clark County may require the homeowner to mitigate for the lost habitat. Such mitigation could include enhancing habitat areas by replacing exotic plants with native plants or restoring habitat areas by removing lawn areas and replanting with native plants.
Clark County has broad discretion to determine what mitigation would be required for a home expansion. If there is insufficient land available on the lot to adequately mitigate for the expansion of the dwelling, the new ordinance allows Clark County to require the homeowner to restore or enhance habitat areas located on other properties. Clark County may also accept "voluntary contributions" to a fund designed to provide for habitat mitigation.
However, the news isn’t all bad for homeowners. The amendment created a new exemption that allows existing yards and landscaping in habitat areas to be maintained. Under the old ordinance, any alteration or removal of existing vegetation in a habitat area required a habitat permit. Existing lawns and landscaping in habitat areas can now be maintained without risk of violating Clark County’s code.
So, what is a habitat area and how do homeowners know if they are in one? Clark County is required to protect "critical areas" under the Washington State Growth Management Act. Critical areas include wetlands, flood hazard areas, geologic hazard areas, fish and wildlife habitats and critical aquifer recharge areas. The Habitat Conservation Ordinance protects fish and wildlife habitats, and Clark County has other ordinances to protect other categories of critical areas. For example, wetlands are protected under the Wetland Protection Ordinance, which the Board of Commissioners up-dated on May 30.
The GMA requires that cities and counties periodically review and update their ordinances protecting critical areas. The recent amendments to both the Habitat Conservation Ordinance and the Wetland Protection Ordinance resulted from a public involvement process that began in October of 2004. In addition to the provisions affecting homeowners, the updated ordinances contain a myriad of technical changes that are designed to protect wetland and habitat areas using the best available science as required by GMA.
Clark County maintains a map of habitat areas called the "Prior-ity Habitat and Species Map" that is available for public viewing and circulation. However, maps of individual locations of sensitive, threatened or endangered wildlife species are mapped separately, and these maps are not available to the general public in order to protect the species. Property owners, however, may obtain access to all existing information for their properties upon request. Homeowners who have trees, streams or other potential wildlife habitats on or near their property would be well advised to check with the Clark County Community Development Department before making any plans to add to their homes.
The Clark County ordinances protecting habitats and wetlands do not apply to property that is located inside incorporated cities. However, GMA also requires cities to regulate and protect critical areas. Most cities in Clark County have adopted similar ordinances protecting habitats and wetlands under GMA. Homeowners inside cities should check with their local city to determine whether habitat protection affects their property.
Steve Morasch is a real estate and land use attorney with Schwabe, Williamson and Wyatt. He can be reached at smorasch@schwabe.com.
