2025 Critical Areas Ordinance (CAO) Update

The Growth Management Act (GMA) requires cities and counties to adopt policies and regulations to protect the following five types of environmentally sensitive areas, or “critical areas”, as defined in RCW 36.70A.030(6):

• Wetlands

• Critical aquifer recharge areas (CARAs)

• Fish and wildlife habitat conservation areas

• Frequently flooded areas

• Geologically hazardous areas

The City of Lake Stevens regulates critical areas primarily through the city’s Critical Areas Ordinance (CAO), which is codified in Lake Stevens Municipal Code (LSMC) Chapter 14.88. Per LSMC 14.88.200, critical areas within the jurisdiction of the Shoreline Management Act – those areas within 200 feet of the ordinary high-water mark (OHWM) of a shoreline of the state (Lake Stevens, Little Pilchuck Creek, and Catherine Creek) -are subject to the critical areas regulations in Appendix B of the Shoreline Master Program. (See "Getting the most out of the Shoreline Master Program (SMP) Document" here.)

Similar to comprehensive plans, cities are required to periodically update their CAO to ensure compliance with changes to the GMA. The city’s last major CAO update occurred in 2019 with the adoption of Ordinance 984. The city is required to complete its next periodic update by December 31, 2025 in order to remain compliant with the GMA. 

What Has Been Done to Date?

• Planning Commission Briefings: As part of the initial public engagement for the CAO Update, city staff has held two meetings with the Planning Commission:
  • February 19, 2025: Staff introduced the CAO Update (Staff Report, Meeting Video)
  • May 7, 2025: Staff discussed the need for new CARA regulations - protections for aquifers (groundwater supplies) with a recharging effect - which the city is currently lacking (Staff Report, Meeting Video)
• Consultant Assistance: The city has hired a consultant (Facet) to help prepare a gaps analysis of existing regulations (what is currently missing or not compliant with state law) and best available science review (how regulations current science and best practices for regulating critical areas).

How Can the Public be Involved? 

The city will be seeking public input through various methods such as surveys, meetings, and stakeholder groups. If you are interested in participating or providing input on these code amendments, please email David Levitan, Principal Planner at dlevitan@lakestevenswa.gov.