Title
Critical Areas Ordinance Periodic Update Recommendation
Recommended Action
Committee Recommendation:
The planning Commission recommends adoption of the proposed amendments to Olympia Municipal Code Chapter 18.32 - Critical Areas Ordinance and forward to City Council for consideration.
City Manager Recommendation:
Move to recommend adoption of the proposed amendments to Olympia Municipal Code Chapter 18.32 - Critical Areas Ordinance and forward to City Council for consideration.
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 contain critical areas, such as wetlands and other environmentally sensitive features, are regulated under the Critical Areas Ordinance (CAO). This ordinance is a science-based set of regulations that protects these areas through buffers and other development limitations. As part of the Comprehensive Plan Amendment process, the City is required to review emerging scientific methods to ensure our regulations remain grounded in the best available science.
Since the passage of the Washington State Growth Management Act (GMA) in 1990, cities have been required to include comprehensive planning for critical areas. With each update, these regulations have continued to evolve to incorporate the best available science on how to preserve and protect environmentally fragile areas. The CAO addresses five categories of environmentally protected areas: aquifer recharge areas and drinking water/wellhead protection areas; important habitats and species; streams and riparian areas; wetlands; and landslide hazard areas. Frequently flooded areas are regulated in a separate section of the code but are considered part of the broader CAO framework. Marine and freshwater shorelines are regulated under the Shoreline Master Program.
The City is required to conduct a technical review of the best available science and evaluate whether our development regulations effectively protect the functions and values of critical areas. A comprehensive scientific review was completed in 2016. Because that review resulted in significant updates at the time, the amendments needed now are expected to be relatively minor and are intended to keep the City in compliance with current state law 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 containing the proposed changes is attached to this staff report. The Planning Commission received briefings on the amendments on December 1, 2025, and again on September 21, 2026. A public hearing was held on October 5, 2026, after which the Commission voted unanimously to forward a recommendation to the City Council to adopt the proposed amendments. Council adoption is anticipated by the state-required deadline of December 31, 2026.
Climate Analysis:
The update itself is unlikely to appreciably affect climate goals, but the overall Critical Areas 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 Areas 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. Staff received comments from three state agencies with expertise in critical areas. Based on these comments, some minor, non-substantive changes have been made to the proposed ordinance since the public hearing. Those comment letters are attached to this staff report.
Financial Impact:
There is no financial impact related to this item.
Options:
1. Move to recommend adoption of the proposed amendments to Olympia Municipal Code Chapter 18.32 - Critical Areas Ordinance and forward to City Council for consideration.
2. Modify the proposed amendments and move forward to the City Council for consideration.
3. Do not recommend the proposed amendments.
Attachments:
Draft Critical Areas Ordinance Amendments
Washington State Department of Commerce CAO Checklist
Washington State Agency Comment Letters