Title
Critical Area Ordinance Update - Public Hearing
Recommended Action
Move to recommend adoption of the proposed amendments to Olympia Municipal Code Chapter 18.32 - Critical Area Ordinance and forward to City Council.
Report
Issue:
The City is required to review and update as needed its Critical Areas Ordinance (CAO) as part of the Comprehensive Plan Update to ensure the environmental regulations reflect the Best Available Science (BAS).
Staff Contact:
Kernen Lien, Planning Manager, Community Development, 360.570.3746
Presenter(s):
Kernen Lien, Planning Manager, Community Development
Background and Analysis:
Sites that are encumbered by critical areas (environmental constraints such as wetlands) are regulated by the Critical Area Ordinance which is a science-based set of regulations that protect environmentally sensitive areas through the use of buffers and similar limitations on development. The City is required to re-review emerging scientific methods to ensure our regulations are soundly based on science as a component of the Comprehensive Plan Amendment.
In 1990, with passage of the Washington State Growth Management Act (GMA), comprehensive planning for critical areas became a requirement for cities. With each update, these regulations have continued to evolve to integrate the best available science regarding how to preserve and protect environmentally fragile areas. The CAO addresses five types of environmentally protected areas: Aquifer Recharge Areas, or drinking water /wellhead protection areas, important habitats and species, streams and important riparian areas, wetlands, and landslide hazard areas. Frequently flooded areas are addressed in a different section of the code but are considered a member of the CAO family. Marine shorelines and freshwater shorelines as regulated by the Shoreline Master Plan.
The City is obligated to conduct a technical review of the best available science and to then evaluate our development regulations for effectiveness in protecting the functions and values of critical areas. A comprehensive scientific review was conducted 5 years ago in 2016. Due to that update, the amendments likely needed now are minor in nature and are being proposed to remain compliant with current state laws and the recently adopted Comprehensive Plan.
Proposed changes consist of the following:
• Clarifying application requirements (18.32.115) - Administrative
• Updating and adding definitions - Administrative/BAS
• Moving Nonconforming Structures and Uses Within Critical Area Buffers from 18.37.070 to new 18.32.135 - Administrative
• Stream buffer modifications (removing slope buffer reductions and clarifying buffer reductions) - BAS
• Update wetland buffer provisions 18.32.535 - BAS
• Functionally Disconnected Buffer (Streams and Wetlands) 18.32.435.I and 18.32.535.D - Administrative/BAS
• Consolidating all geologically hazardous area review as administrative 18.32.630 - Administrative
The full ordinance with all proposed changes is attached to this staff report. The Land Use & Environment Committee will review the ordinance on October 22, 2026. Council is expected to adopt the ordinance no later than December 31, 2026.
Climate Analysis:
The update itself is unlikely to appreciably affect climate goals, but the overall Critical Area regulations are greatly impactful in reducing pollutants that would enter our waterways, and reducing greenhouse gas emissions
Equity Analysis:
Much of the undeveloped land remaining in the City is affected by Critical Area regulations. These regulations help reduce pollution and ensure safe drinking water supply. These protections, in reducing land supply, intrinsically add cost to the price of already limited housing supply. Immediate effects are typically felt by the relatively affluent property owners who are able to afford land development. The proposed amendments are unlikely to have meaningful impact on issues related to equity.
Neighborhood/Community Interests (if known):
Critical Areas are found throughout the City; how they are regulated could have an impact Citywide.
Options:
1. Conduct a public hearing to accept public comments on the proposed amendments to Olympia Municipal Code Chapter 18.32 - Critical Area Ordinance and begin deliberations.
2. Conduct a public hearing to accept public comments on the proposed amendments to Olympia Municipal Code Chapter 18.32 - Critical Area Ordinance and begin deliberations at the next meeting.
3. Do not conduct a public hearing.
Financial Impact:
The processing of these amendments is covered by the Community Development annual budget.
Attachments:
Draft Critical Area Ordinance Amendments
Washington State Department of Commerce CAO Checklist