Critical Areas

What is a wetland?                                                  

Wetlands are those areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support vegetation typically adapted for life in saturated soil conditions.

Wetlands can be identified by three characteristics:

• Hydric soil: soil saturated with water,
• Water: the presence of standing water or saturated soils within the top 12” – 18” of the surface during the growing season,
• Plants: water tolerant or water dependent plant species. They generally include, but are not limited to ponds, marshes, bogs, wet meadows, and swamps.

Are there different types of wetlands?

Yes, Skagit County relies on the 2004 Washington State Department of Ecology’s Wetlands Rating System for Western Washington to classify wetlands.

The County’s wetlands are classified into four categories based upon their size, function and value.

• Category I: Are those wetlands of exceptional value in terms of protecting water quality, storing flood and stormwater, and/or providing habitat for wildlife.
• Category II: These wetlands do not meet the criteria for Category I rating but occur infrequently and have qualities that are difficult to replace if altered.
• Category III: These wetlands have important resource value.
• Category IV: These wetlands are of limited resource value. They typically have vegetation of similar age and class, lack special habitat features, and/or are isolated or disconnected from other aquatic systems or high-quality upland habitats.

Are there buffers or building setback requirements from wetlands?

Yes, as with most critical areas, wetlands are provided a “buffer” of native vegetation to protect them from human activities. No land clearing or grading is allowed within this buffer or within the critical area itself. Standard buffer width requirements depend on the wetland category. Buffer widths range in size according to the category and adjacent land uses:

• Category I: 150 feet – 300 feet
• Category II: 150 feet – 300 feet
•  Category III: 75 feet – 150 feet
• Category IV: 25 feet – 50 feet

Does my property contain a wetland?

Possibly. Not all county wetlands have been identified but Skagit County Planning and Development Services has maps of inventoried wetlands. These maps should be used as a general guide.

If your property has wetlands, it may require that the wetlands be protected. If this is the case, you will need to hire a qualified wetland specialist to visit your property and determine the presence, type, extent and boundaries of any wetland.

How do I protect my wetland?

Protecting wetlands requires public education, involvement, and cooperation. You can learn more about them by visiting wetland sites and familiarizing yourself with local wetlands ordinances.

If your property contains a wetland, there are ways you can protect it. Avoid dumping, draining, or filling near your wetland. Even yard waste can degrade a wetland’s functions and values. Wetland animals need the benefits provided by a buffer zone. Consider marking or fencing off a buffer area around your wetland.

Learn about wetland regulations and additional ways to preserve and enhance your wetland by contacting Skagit County Planning and Development Services, or the Washington State Department of Ecology. 

Are there other restrictions or provisions I need to know about?

Yes, below are examples of activities which are subject to the standards contained in the Skagit County Code and other applicable federal and state regulations:

• Forest practices, Class IV General and Conversion Option Harvest Plans (COHPs),
• Land divisions and land use permits,
• Road construction,
• Building and clearing activities adjacent to wetland areas,
• Draining or placing fill in or near a wetland.

What is a stream?

A stream is an area where the surface water flow is sufficient to produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water throughout the year.

This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices or other artificial watercourse, unless used by fish, or if it was a natural stream which was straightened or relocated during construction. 

Are there different types of streams?

Yes, throughout the State, bodies of water including streams have been classified by the Department of Natural Resources based on flow volume and importance to fish and wildlife, domestic use, and public recreation. Streams in Skagit County have been classified as Type S, Type F or Type N.

• Type S: These have the largest flow volumes (at least 20 cubic fee per second) and provide important fish and wildlife protection. These include the Skagit, Samish, Cascade, and Sauk Rivers.
• Type F: These are fish baring steams but do not have the flow volumes of a Type S.
• Type N: These are not fish baring, tend to be very small, seasonal steams and most often will not be named.

How does development impact a stream corridor?

Unless appropriately mitigated, development can degrade a stream’s wildlife habitat and water quality, undermining its values and functions. Uncontrolled development may impact the natural environment in the following ways:

• Increase stormwater runoff and flooding.
• Contribute excessive sediment and higher water conditions, thereby causing erosion.
• Increase stream turbidity (cloudy appearance from sediment) which can reduce the light and oxygen necessary for plant and animal life.
• Contribute toxic chemicals and organic pollutants; and remove vegetation along stream banks, a stream component crucial to maintaining water temperature, bank stabilization, and pollutant filtering capabilities.

Are there buffers or building setback requirements from streams?

Yes, as with most critical areas, streams are provided a “buffer” of native vegetation to protect them from human activities. No land clearing or grading is allowed within this buffer or within the critical area itself. Standard buffer width requirements depend on the stream type. The minimum buffer requirements can be found in Skagit County Code 14.24.530. 

Critical aquifer recharge areas are areas with a critical recharging effect on aquifers used for
potable water, including areas where an aquifer that is a source of drinking water is vulnerable to
contamination that would affect the potability of the water, or is susceptible to reduced recharge.

Category I CARAs are designated because of the need for protection due to a pre-existing land use, or because they are identified by the County, State, or Federal government as areas in need of aquifer protection where a proposed land use may pose a potential risk which increases aquifer vulnerability. 

• Recharge areas for sole source aquifers designated pursuant to the Federal Safe Drinking Water Act and/or shown on the Environmental Protection Agency’s (EPA) Interactive Map of Sole Source Aquifers.
• Areas identified by the County as potential or existing sea water intrusion areas.
• Areas within one-half mile of a surface water source limited (SWSL) stream as designated in SCC 14.24.340(3)(c).
• Areas with susceptible soils based on the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) data, specifically:
  • Areas with excessively drained and somewhat excessively drained soils; or
  • Areas with shallow aquifers/depths to the seasonal high water table; or
  •  Areas with high drainage class.
• Areas designated for wellhead protection pursuant to the Federal Safe Drinking Water Act and/or shown on the Washington State Department of Health (DOH) Source Water Assessment Program (SWAP) Map. Areas designated for wellhead protection must, for the purpose of this Section, include the identified recharge areas associated with:
  •  Protective areas associated with public drinking water sources established by water systems and approved or assigned by the DOH as defined in WAC 365-190-030(23).
  • A 600-foot radius around the well site designating the primary short-term groundwater contribution area for Group B public water systems as defined in WAC 246-291-125(3)(d)(ii).

Areas throughout the County not identified as Category I CARAs are designated as Category II CARAs.

What is a geologically hazardous area (geohazard)?

A geohazard includes areas with a potential for landslides, severe erosion, earthquakes, liquefaction, tsunami, and mine hazards.

Are there different types of geological hazard areas?

In Skagit County, five types of geologically hazardous areas exist:

• Landslides
• Erosion
• Seismic
• Volcanic
• Mine hazard

Because of the overlap that exists between the above-listed hazard areas, they have been combined into two categories: “known or suspected risk” and “unknown risk”.

Maps to the County's geological hazards can be found on the Washington Department of Natural Resources hazard maps linked below:

Department of Natural Resource Hazard Maps

Erosion and Landslide Areas of Known or Suspected Risk Include:

Those project areas located within map unit delineations as identified in the USDA Soil Survey of Skagit County Area (1989).

• #1 Andic Cryochrepts
• #3 & 4 Andic Xerocrepts
• #13 Birdsview
• #47 & 48 Dystric Xerocrepts
• #50 & 51 Dystic Xerorthents
• #63 & 65 Guemes
• #69 Hoogdal
• #90 Lithic Haploxerolls
• #150 & 151 Typic Croyorthods 

Other areas Known or Suspected Risk Include:

• Areas within 200 feet of coastal bluffs, or beaches.
• Areas within 200 feet of slopes with gradients of 15% or greater with intersecting geologic contacts with permeable sediments or (sub) parallel planes of weakness.
•  Areas within 200 feet of 40% slopes or steeper and with a vertical relief of 10 feet or more (severe slope).
• Those areas within 200 feet of historic failures or landslides indicated on maps or technical reports.
• Areas potentially unstable because of rapid stream incision, stream bank erosion or undercutting by wave action.
• Areas that are at risk of rock fall or avalanches.
• Areas located in or at the mouth of narrow canyons subject to inundation, debris flows or flooding (may be indicated by alluvial fans).

Seismic Hazard areas Known or Suspected Risk Include:

• Areas that have a potential for soil liquefaction and soil strength loss during ground-shaking and areas within a Holocene fault line (indicated by USGS maps and studies).
• Volcanic Hazard areas Known or Suspected Risk Include:
• Areas located in the volcanic hazard zone for Glacier Peak, WA or the potential volcanic hazard area of Mount Baker, WA 

Areas of Unknown Geologic Hazards:

As part of any development application where no current information is available to confirm that the items identified as Known or Suspected Risk are present on or near the project area, a Critical Area Evaluation will be required. Providing a detailed description of the known and visible site features will be used by staff during a site visit in evaluating whether a geological hazard site assessment is required.

Are there buffers or building setback requirements from geological hazard areas?

Yes, as with most critical areas, wetlands are provided a “buffer” of native vegetation to protect them from human activities. No land clearing or grading is allowed within this buffer or within the critical area itself. Standard buffer width requirements depend on the geological hazard.

• A minimum buffer from an erosion or landslide hazard is 30 feet.
• A minimum buffer of 50 feet is required for slopes with landslides or erosion hazards with a vertical relief greater than 50 feet.
• The buffer may be increased by the Administrative Official for development adjacent to a marine bluff or ravine which is designated as unstable or where a larger buffer is necessary to prevent risk of damage to existing or proposed development.

How close to a slope can I build?

Buildings above and below slopes shall be set a sufficient distance, according to International Building Code standards, from the slope to provide protection from slope drainage, erosion and failures.

Building footings on or adjacent to slope surfaces shall be found in firm material with an embedment and setback from the slope surface sufficient to provide vertical and lateral support for the footing without detrimental settlement.

International Building Code Regulations:

1805.3 Footings on or adjacent to slopes.

The placement of buildings and structures on or adjacent to slopes steeper than one unit vertical in three units horizontal (33.3-percent slope) shall conform to Sections 1805.3.1 through 1805.3.5.

1805.3.1 Building clearance from ascending slopes.

In general, buildings below slopes shall be set a sufficient distance from the slope to provide protection from slope drainage, erosion and shallow failures. Except as provided for in Section

1805.3.5 and Figure 1805.3.1, the following criteria will be assumed to provide this protection. Where the existing slope is steeper than one unit vertical in one unit horizontal (100-percent slope), the toe of the slope shall be assumed to be at the intersection of a horizontal plane drawn from the top of the foundation and a plane drawn tangent to the slope at an angle of 45 degrees (0.79 rad) to the horizontal. Where a retaining wall is constructed at the toe of the slope, the height of the slope shall be measured from the top of the wall to the top of the slope.

1805.3.2 Footing setback from descending slope surface.

Footings on or adjacent to slope surfaces shall be founded in firm material with an embedment and set back from the slope surface sufficient to provide vertical and lateral support for the footing without detrimental settlement. Except as provided for in Section 1805.3.5 and Figure 1805.3.1, the following setback is deemed adequate to meet the criteria.

Where the slope is steeper than 1 unit vertical in 1 unit horizontal (100-percent slope), the required setback shall be measured from an imaginary plane 45 degrees (0.79 rad) to the horizontal, projected upward from the toe of the slope.

1805.3.3 Pools.

The setback between pools regulated by this code and slopes shall be equal to one-half the building footing setback distance required by this section. That portion of the pool wall within a horizontal distance of 7 feet (2134 mm) from the top of the slope shall be capable of supporting the water in the pool without soil support.

1805.3.4 Foundation elevation.

On graded sites, the top of any exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved drainage device a minimum of 12 inches (305 mm) plus 2 percent. Alternate elevations are permitted subject to the approval of the building official, provided it can be demonstrated that required drainage to the point of discharge and away from the structure is provided at all locations on the site.

1805.3.5 Alternate setback and clearance.

Alternate setbacks and clearances are permitted, subject to the approval of the building official. The building official is permitted to require an investigation and recommendation of a registered design professional to demonstrate that the intent of this section has been satisfied. Such an investigation shall include consideration of material, height of slope, slope gradient, load intensity and erosion characteristics of slope material.

All engineered reports are subject to third party review by an outside engineer if the Director or Building Official deems it appropriate.

Frequently Flooded Areas (FFA), also known as Special Flood Hazard Areas (SFHA) are lands in the flood plain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater.

These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas
where high groundwater forms ponds on the ground surface.

For more information about flooding, please visit the Flooding page linked below:

Flood Hazard Areas Webpage

Critical Area Evaluations determine if the location of your proposed development project is in or near a critical area or its protective buffer. If the proposed development is located in or near a critical area, a critical area report prepared by a qualified professional may be required.

If your development cannot be located outside of a critical area, then either a "reasonable use" exception or a critical areas variance is required. 

An applicant who is unable to comply with the specific standards of the Critical Areas Ordinance without forfeiting all economically viable use of the property may seek approval of a “reasonable use” exception (RUE) for single-family residential development.

The criteria for a RUE can be found in Skagit County Code 14.24.140. 

If the strict application of the Critical Areas Ordinance is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity, due to special circumstances applicable to the subject property, including size, shape, and topography, and "reasonable use" cannot be achieved through the "reasonable use" exception process specified in SCC 14.24.140, a critical areas variance may be authorized as provided in SCC Chapter 14.58.

However, that those surrounding properties that have been developed under regulations in effect prior to the effective date of the ordinance codified in this Chapter will not be the sole basis for the granting of the variance.

For more information on the Critical Areas Variance process, please click the link below:

Skagit County Code 14.24.150 (Variances)

The State Environmental Policy ACT (SEPA) gives agencies the tools to allow them to both consider and mitigate for environmental impacts of proposals.  At the conclusion of the environmental review process, a SEPA threshold determination of either non-significance or significance is issued for the proposal.

Click below to learn more about SEPA.

Essential Handout #17 - SEPA

The County doesn’t expect applicants to be aware of all the critical areas that may be around their project. Some critical areas have been mapped but most remain unidentified. In order to identify unmapped critical areas, the County requires a critical areas review to be completed with new development proposals on a site by site basis.

In order to determine if there are critical areas on your property, you may submit a Critical Areas Evaluation application for review at any time. Critical Areas review fee can be found on the Planning and Development Services Unified Fee Schedule. Once a Critical Areas Evaluation has been submitted, county staff will conduct a site inspection to see if critical areas are present on your property. 

Critical areas review is required for all new development proposals unless it has been previously completed with a prior project.  Department staff can determine if any review has been done.

The CAO regulations may apply if the project area (that portion of the property to be developed not the entire property) is in or near a critical area. The County will review the critical areas checklist for indicators of critical areas usually within about 300 feet of the proposed development. The 300-foot measurement is not necessarily a development restriction; it is there to set a uniform standard for review purposes.

Staff will complete a map review & site visit to determine if the project area includes indications of critical areas. If critical areas indicators are present, the applicant may choose to revise the site plan so the project area excludes critical areas and associated buffers. If the applicant wants to proceed with the original development, a site assessment must be prepared as part of the permit process.

Yes, provided the proposed development can avoid critical areas and associated buffers or if the impacts to the critical areas can be adequately mitigated. In some cases, a "reasonable use" exception or variance may be required. 

If the development is not specifically allowed without standard review under SCC 14.24.070 then the proposal must be reviewed for compliance with the CAO.  For example, single family building permits (including additions that expand the foot print, detached buildings, etc.), fill and grade permits, land divisions, special use permits, shoreline permits, commercial developments, conversion forest practices and conversion option harvest plans, and septic permits are regulated under the CAO. Even if there is no permit requirement, any proposed alteration of a critical area is subject to CAO review (14.24.060).

In cases where no County permit is required and the proposed activity is not specifically allowed without standard review (14.24.070), the activity must comply with the CAO. Activities such as site investigations surveys, and subsurface explorations do not require CAO review. In these cases; however, the activities must minimize the critical area impacts and the disturbed areas must be immediately restored.

The Activities Allowed Without Standard Review section of the CAO (14.24.070) provides a description of activities that are allowed to proceed without standard critical areas review. All these activities must comply with other County codes and must be carried out in ways that cause the least impact to critical areas and their buffers. Any adverse impact to a critical area or associated buffer resulting from the activity shall be restored to the maximum extent possible.

If standard review of a proposed activity is required, a site visit will take place unless one has taken place recently and no critical areas were found.

County staff will evaluate the area within 300 feet of the proposed development activity for the presence of critical areas indicators. If the site visit confirms critical area indicators are present, the applicant will be notified that a critical areas site assessment is required to proceed with critical areas review of the proposal. However, other options may be available under the CAO for proceeding with the permit application.

Site assessments are reports prepared by a qualified professional that identify the location and extent of critical areas on and near the project site.  The report will also classify the critical areas and determine appropriate protection standards (typically buffers).  If the proposed project can’t avoid impacts to the critical areas, a mitigation plan will also be included.  The assessment will also include a site plan that can be used as a Protected Critical Area (PCA) site plan.  Skagit County Code requires all critical areas that are identified by the assessment be designated as a PCA and recorded as a title notice.

No. The CAO does not require a mitigation plan if the project area is located outside critical areas and associated buffers. This means once the critical areas have been identified and classified, and their standard buffers established, no additional mitigation is required. The exception to this would be if part of the development activity had unique circumstances (e.g. highly sensitive habitat) associated with the critical area that required additional protection. If this were the case, it would be up to the County not the landowner to demonstrate why additional mitigation is required.

Even if no mitigation is required, the PCA site plan will need to be recorded.