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Home My WebLink About10/21/2025 - Work Study - Additional Doc-Critical Areas OrdinanceD25 Critical Areas Ordinance Update Port Orchard Municipal Code 20.162 Department of Community Development October 2025 Align with 2024 Comprehensive Plan Periodic Update Ensure compliance with the Growth Management Act (GMA) Integrate Best Available Science (BAS) Protect critical areas and Critical Areas Defined (RCW 36.70A.030(5)) • Wetlands • Aquifer recharge areas • Fish and wildlife habitat conservation areas • Frequently flooded areas • Geologically hazardous areas Planning Commission Review Timeline January, February, July 2025: Staff presentations ec Significant edits based on Planning Commission input Public hearing and recommendation Initial comment matrix introduced Matrix updated, largely unchanged 7 Oct. 2025 Comment Matrix Overview Tracks public input and staff responses Color -coded: Green = Incorporated; Yellow = Under discussion; Red = Not incorporated Included in all Planning Commission packet and Work Study packet • New Verification Process (POMC 20.162.021) • Enables critical areas review outside of development applications; supports feasibility studies and site planning consensus between applicants and the City. • Provides a City review service to property owners and developers; does not authorize the City to prepare reports on behalf of property owners. • Ensures recommendations are based on existing site conditions rather than speculative future mitigation measures. • Code Reorganization • Restructures sections to streamline review and improve usability. • Wetland Buffers and Mitigation • Updates buffer standards to align with Department of Ecology guidance. • Reflects current wetland mitigation hierarchy with emphasis on mitigation banking and programmatic solutions; onsite mitigation remains an option when programmatic approaches are infeasible. • Riparian Management Zones (RMZs) • Replaces "stream buffer" terminology with RMZ to align with WDFW BAS. • RMZ standards revised to meet or exceed WDFW minimums, improving habitat protection. Buffer width (in feet) based on habitat score Wetland Category Score 3-4 Score 5 Score 6-7 Score 8-9 Category l: 100 140 220 300 Based on total score Category I: 250 300 Bogs and wetlands of high conservation value Category l: 200 220 300 Coastal Lagoons Category I: 300 Interdunal Categoryl: 100 140 220 300 Forested Category I: 200 (buffer width not based on habitat scores) Estuarine Category II: 100 140 220 300 Based on score Category II: 150 220 300 Interdunal wetlands Category II: 150 (buffer width not based on habitat scores) Estuarine Category III (all) 80 140 220 300 Category IV (all) 50 Buffer width (in feet) based on habitat score Wetland Category Score 3-5 Score 6-7 Score 8-9 Buffer width based on special characteristics Category l: 100 150 300 N/A Based on total score Category I: N/A 300 250 Bogs and wetlands of high conservation value Category I: N/A 200 Estuarine and wetlands in coastal lagoons Category I: N/A 300 N/A Interdunal Category l: 100 150 300 N/A Forested Category II: 100 150 300 N/A Based on score Category II: N/A 150 Interdunal wetlands Category II: N/A 150 Estuarine and wetlands in coastal lagoons Category III (all) 80 150 300 N/A Category IV (all) 50 N/A BUFFER WIDTH STANDARD MINIMUM BUILDING SETBACK OTHER DEVELOPMENT STANDARDS For minor new development the department may reduce the buffer width by up to 25 percent through an administrative buffer reduction process when 150 feet 15 feet beyond buffer review with the Washington State Department of Fish and Wildlife determines that conditions are sufficient to protect the affected habitat. The buffer shall 50 feet 15 feet beyond buffer not be less than 25 feet. Where applicable, refer to the development 50 feet 15 feet beyond buffer standards in this chapter. Where such features occur on a site, the more restrictive buffer or building setback will apply. Where applicable, refer to the development standards in this chapter. Where None 50 feet such features occur on a site, the more restrictive buffer or building setback None 50 feet will apply. None 50 feet None 35 feet Buffer widths and setbacks will be determined through mandatory habitat plan. ite-specific conditions will determine the need for the preparation of a habitat plan for buffer widths and setbacks. Proposed Riparian Management Zone Buffers Streams r Type CATEGORY F Np Ns RIPARIAN MANAGEMENT ZONE WIDTH STANDARD Lakes - Less Than 20 Acres (Non -Type 1 Waters of the State) ning Designation Community Facilities Commercial, Mixed Use Employment Greenbelt, Residential CONSISTENT WITH THE GOALS AND POLICIES IN THE CITY OF PORT ORCHARD 2024 COMPREHENSIVE PLAN PRESERVES ECOLOGICAL FUNCTIONS AND MITIGATES RISKS SUCH AS LANDSLIDES AND FLOODING INCLUDES SPECIAL MEASURES TO PROTECT ANADROMOUS FISHERIES, INCLUDING SALMONIDS ENSURES CONSISTENCY WITH GMA REQUIREMENTSAND INTEGRATES BAS • SEPA Determination of Non -Significance (DNS) issued September 12, 2025 • One DNS comment from DNR; definition of "geologist" added to draft • DNS was not appealed • Proposed amendments transmitted to WA Dept. of Commerce on September 12, 2025 for 60 -day review (review period ends November 11, 2025) • Adoption by Council may occur after Commerce review period concludes • Planning Commission forwarded recommendation of approval following October 7 public hearing • Legal blackline version included in packet and incorporated into adopting ordinance • Tentative City Council action: November 18, 2025 pending Commerce review completion