Critical Areas Ordinance Amendments
Planning and Development Services
On November 25, 2025, the Board of County Commissioners adopted O20250011, amendments to SCC 14.24, the Critical Areas Ordinance. This ordinance was appealed to the GMHB January 16, 2026 (Case No. 26-2-0004c). The Final Decision and Order (FDO) was received on July 20, 2026.
The Growth Management Hearings Board (GMHB) determined that the County’s riparian buffers violated the Growth Management Act (GMA). In particular, the GMHB found that the Critical Area Ordinance’s fixed-width buffers, which did not meet the recommendation of a size equal to “Site Potential Tree Height” (SPTH), lacked a mechanism to prevent a net loss of ecological functions where SPTH exceeded the distance of the fixed-width buffer. The remaining issues were all denied and dismissed. Planning and Development Service is proposing amendments to SCC 14.24.530 of the Critical Areas Ordinance in response to the GMHB Final Decision which is outlined in detail below.
Separate from the changes proposed to comply with the GMHB decision, staff are also proposing to modify the maximum disturbance limits under SCC 14.24.140, Reasonable Use Exception, to accommodate reasonable development on lots that exceed 1-acre.
Relevant Documents and Upcoming Meetings
| Date | Time | Event | Meeting Materials | Video |
| October 13, 2026 | 6:00 PM | Planning Commission Work Session | ||
| November 17, 2026 | 6:00 PM | Planning Commission Public Hearing | ||
| December 15, 2026 | 6:00 PM | Planning Commission Deliberations | ||
| January 4, 2027 | 1:30 PM | Board of County Commissioners Work Session | ||
| January 11, 2027 | 1:30 PM | Board of County Commissioners Deliberations |
Public Comment
The comment period will be open from October 15, 2026, to November 19, 2026 at 4:30 PM. Below are the two options for submitting a public comment:
Option 1: Email comments are preferred and must be sent to pdscomments@skagitcountywa.gov with the proposal name (“Critical Areas Ordinance Amendments”) in the subject line. Include your comments in the body of your email message rather than as attachments.
Option 2: Paper comments must be printed on 8½x11 paper and mailed or delivered to:
Planning and Development Services
Comments on "Critical Areas Ordinance Amendments"
1800 Continental Place
Mount Vernon WA 98273
All comments must be received by the deadline referenced above and include your full name and mailing address. Comments not meeting these requirements will not be considered.
Public Hearing: You may also comment in person or online via Zoom. The Planning Commission Public Hearing is scheduled for November 17, 2026 at 6:00 PM. The Planning Commission is hosting meetings in the Skagit County Commissioners' Hearing Room at 1800 Continental Place, Mount Vernon, WA 98273. Public hearing testimony is usually limited to three minutes, so written comments are preferred. To view the live stream on Skagit21: https://www.skagitcountywa.gov/government/skagit21-television/
You may also attend the meeting remotely through your telephone or from your computer, tablet or smartphone with this link:
https://us06web.zoom.us/j/89244005472?pwd=L056TEpTc1J4YmUwT25pYjBITG1vdz09
or by calling: 1 (253) 215-8782 (Tacoma)
Meeting ID: 892 4400 5472 Passcode: 0982730
Anyone who plans to attend the public hearing and has special needs or disabilities should contact Planning and Development Services at (360) 416-1320 at least 96 hours before the hearing to discuss and arrange any special accommodations.
