WAC 365-195-410   Critical areas.  (1) Requirements. Prior to the development of comprehensive plans, cities and counties ought to have designated critical areas and adopted regulations protective of them. Such areas are defined to include:

     (a) Wetlands;

     (b) Areas of critical recharging effect on aquifers used for potable water;

     (c) Fish and wildlife habitat conservation areas;

     (d) Frequently flooded areas; and

     (e) Geologically hazardous areas.

     The previous designations and regulations shall be reviewed in the comprehensive plan process to ensure consistency.

     (2) Recommendations for meeting requirements. Much of the analysis which is the basis for the comprehensive plan will come later than the initial identification and regulation of critical areas. The result may be plan features which conflict with the previous critical area provisions.

     (a) The department has issued guidelines for the classification of critical areas which are contained in chapter 365-190 WAC.

     (b) Critical areas should be designated and protected wherever the applicable natural conditions exist, whether within or outside of urban growth areas.

     (c) The review of existing designations should, in most cases, be limited to the question of consistency with the comprehensive plan, rather than a revisiting of the entire prior designation and regulation process. However, to the extent that new information is available or errors have been discovered, the review process should take this information into account.

     (d) In connection with critical area protection, the department recommends that planning jurisdictions identify the policies by which decisions are made on when and how police powers will be used (regulation) and when and how other means will be employed (purchases, development rights, etc.).



[Statutory Authority: RCW 36.70A.190 (4)(b). 92-23-065, § 365-195-410, filed 11/17/92, effective 12/18/92.]