VMICC Land Use & Natural Resources Committee Meeting
February 21, 2001 at McMurray School Library

Attendees: Martin Baker and Donna Klemka, Sharon and Dick Danielson, Enid 
Dolstad, John Gerstle (Chmn), Joel Kuperberg, Lorin Reinelt, Harry Reinert 
(King County), Carol and Mark Salkind, Manuela Winter (King County)

Discussion with Harry Reinert and Manuela Winter
Harry said that King County is trying to implement the Tri-County (King, 
Pierce, Snohomish) 4(d) proposal to carry out the National Marine Fisheries 
(NMFS) rule which makes it illegal to harm Chinook in their habitat. This 
follows the rule put out last year which gives the basis for the presumption 
of salmonids in streams (May 2000 administrative rule on Presumption of 
Salmonid Presence - any water course that is two feet wide and has less than 
a 20% grade is presumed to have salmonids unless there is a down-stream 
blockage. Many of the streams on Vashon that have been thought to be Class 3 
streams with 25 foot buffers are now presumed to be Class 2S streams 
(salmonid-bearing) with 100 foot buffers required.). These KC regulations 
will give more fish and wildlife protection than has been achieved with the 
State Environmental Protection Act (SEPA). To protect the salmon population, 
there will be different management zones in rural and urban areas. There 
will be three options for regulating development in the management zones 
i.e. fixed development, site specific habitat evaluation or programmatic 
habitat evaluation. 

In rural areas such as Vashon, for new development, the proposed rule would 
require an inner management zone of 150 feet from the stream that will be a 
"no-touch (buffer) zone" where no disturbance of vegetation, soil or natural 
features will be allowed and then an outer (buffer) zone of 50 feet where up 
to 35% clearing will be allowed but with no additional effective impervious 
surface. For steep ravines, the buffer will be the greater of 100 feet or 25 
feet from the top of the bank. There will also be partial forest cover 
retention requirements in the outer zone. With regard to variances, Harry 
said that reasonable use exceptions would be allowed, but we did not discuss 
of how they might be determined. (There will undoubtedly be contentious 
issues such as placement of gardens, lifestock, repair of drainfields and 
what constitutes natural features and native vegetation.) 

Manuela discussed a proposed ordinance which would designate and protect Fish 
and Wildlife Conservation Areas (FWHCAs). This very broad ordinance would 
protect about 50 species, including raptors, herons, eelgrass beds etc in 
addition to salmon. (It appears that this proposed ordinance may require a 
wildlife study as a condition of a permit.) 

Harry said that agreement with the Federal Government on the Tri-County 4(d) 
Proposal is probably about 6 months away. Then it will take at least another 
6 months for the King County Council to approve it. Once this ordinance is 
in place, the "taking" of endangered species ( i.e. killing or habitat 
modification) could lead to legal liabilities. 

Manuela left copies of a Summary of the Tri-County Proposal, the Tri-County 
Management Zone Proposal and the significant changes from the proposed 
ordinance. Contact John at 463-0974 or jamgerstle@aol.com if you would like 
a copy. 
Next meeting 7:30 pm on March 21 at the Mc Murray School Library.