As affordable, easy to develop land becomes harder to find, many are turning to properties that have been overlooked previously because they are constrained by wetlands, streams, and associated buffers. This blog post provides information about the process, and things to consider if you’re thinking about purchasing constrained land.
The King County Zoning Code generally prohibits development within wetlands, streams, shorelines, and associated buffers. However, federal takings laws prevents local governments from "taking" private property without compensation; hence, there is a process to obtain a variance from the zoning code that allows a property owner to reduce buffers if needed in order to build something that is consistent with the zoning of the parcel. King County calls their variance process a Critical Areas Alteration Exception (CAEX).
The following steps are involved:
Three issues to consider before taking on property that requires a CAEX include:
1. Time. The table below shows the data regarding approvals. As shown, seven of the 27 CAEX applications for new single-family residences have been approved since 2017; the remainder are still under review.
The King County Zoning Code generally prohibits development within wetlands, streams, shorelines, and associated buffers. However, federal takings laws prevents local governments from "taking" private property without compensation; hence, there is a process to obtain a variance from the zoning code that allows a property owner to reduce buffers if needed in order to build something that is consistent with the zoning of the parcel. King County calls their variance process a Critical Areas Alteration Exception (CAEX).
The following steps are involved:
- Complete a Critical Areas Designation. More about this here.
- Apply for a Pre-application Meeting. During that meeting, King County will describe the process and a list of what is required in order to submit a complete CAEX application.
- Apply for a CAEX. King County’s information about that process can be found here. Briefly, the submittal needs to include a site plan that shows the footprint of all proposed development, including well, drainfield, reserve drainfield, house, driveway, and any other proposed clearing, and provide a mitigation plan. Once King County determines that the proposal meets the criteria in King County Code 21A.24.070, a public comment period begins. Neighbors within a certain distance are notified of your plans and offered an opportunity to comment.
- Upon approval of the CAEX, you may apply for a building permit. The building permit process may take upwards of 37 weeks.
Three issues to consider before taking on property that requires a CAEX include:
1. Time. The table below shows the data regarding approvals. As shown, seven of the 27 CAEX applications for new single-family residences have been approved since 2017; the remainder are still under review.
Note: The data above don't provide clarity on why projects haven't been approved. This may be due to applicants failing to provide requested information, or backlogs at King County, etc.
A further analysis of those approved projects shows the time that each took (in days), from initial application of a Critical Areas Designation to final occupancy of a building permit. The table below provides these timelines. Four projects have issued building permits; the average time, from start to permit issuance was 738 days or two years in review. These steps in the process (CAD, CAEX, Building permit), are not necessarily back to back, so the actual calendar time may be different; this represents a tally of the time for each step, from application to issuance.
A further analysis of those approved projects shows the time that each took (in days), from initial application of a Critical Areas Designation to final occupancy of a building permit. The table below provides these timelines. Four projects have issued building permits; the average time, from start to permit issuance was 738 days or two years in review. These steps in the process (CAD, CAEX, Building permit), are not necessarily back to back, so the actual calendar time may be different; this represents a tally of the time for each step, from application to issuance.
2. Limitations. The second major issue to consider is that your project will need to meet the criteria spelled out in King County Code 21A.24.070. In particular, the total site disturbance (excluding driveway, well, and drainfield) is limited to 5,000 square feet or 10 percent of the site. You will need to demonstrate that you have minimized impact to the fullest extent practical, and provide mitigation for all site impacts. In other words, this process does not guarantee that you will be allowed to alter 10 percent of the site.
Mitigation typically involves planting native vegetation elsewhere onsite. In some instances, offsite mitigation is required. This is when opportunities to improve or enhance the existing wetland or buffers are limited.
3. Cost. The fees paid to King County on the one CAEX that has gone through all of the permitting phases is displayed below. This project is unique in that both on-site and off-site mitigation were required for the 7,700 square feet of buffer impact that the project required. Off-site mitigation was required to be purchased from King County at the approximate cost of $83,255. This is not common, but is a possibility in any project requiring mitigation.
The costs reflected in the graphic below only reflect fees paid directly to King County and does not include land purchase, consultant fees, materials, or labor, or other costs associated with developing the lot and construct a home. The cost for permitting and offsite mitigation fees in this instance was approximately $133,396.
Mitigation typically involves planting native vegetation elsewhere onsite. In some instances, offsite mitigation is required. This is when opportunities to improve or enhance the existing wetland or buffers are limited.
3. Cost. The fees paid to King County on the one CAEX that has gone through all of the permitting phases is displayed below. This project is unique in that both on-site and off-site mitigation were required for the 7,700 square feet of buffer impact that the project required. Off-site mitigation was required to be purchased from King County at the approximate cost of $83,255. This is not common, but is a possibility in any project requiring mitigation.
The costs reflected in the graphic below only reflect fees paid directly to King County and does not include land purchase, consultant fees, materials, or labor, or other costs associated with developing the lot and construct a home. The cost for permitting and offsite mitigation fees in this instance was approximately $133,396.