by Lovel Pratt

San Juan County Council, Dist. 1

Mr. Blanchard’s letter expresses concern that playing Frisbee or flying kites won’t be allowed near wetlands and Fish and Wildlife Habitat Conservation Areas (“Overreaching CAO buffer restrictions,” Aug. 1 Sounder, pg. 5).

The draft Critical Areas Ordinance update lists many allowed activities in and near wetlands and FWHCAs. I’ll include the complete sentence from the CAO tables that Mr. Blanchard references:

“Outdoor recreational activities including hunting and fishing (pursuant to state law), bird watching, hiking, boating, and swimming.”

I think the entire County Council intends to allow for “outdoor recreational activities.”  I encourage Mr. Blanchard to reference the complete draft language and to promote constructive discussion instead of being alarmist.

If “outdoor recreational activities” doesn’t adequately address Frisbee-playing or kite-flying, I invite him to provide suggestions for changes.

The CAO update is required by law and must comply with current law. Significant time and scarce county resources have been spent since this CAO update began in 2003. We need to complete the CAO update and I am working to develop regulations that satisfy the law and work for our community.

I want to point out that there are changes in the draft CAO update that include some significant improvements as compared to current code from the perspective of property owner rights, including:

The draft CAO update applies only to the areas inside in the (Federal) Flood Insurance Rate Maps with no additional buffers. The existing code applies within 300 feet of the FIRM maps.

The draft CAO update clearly states that lawfully non-conforming structures, uses, and activities may continue in perpetuity.

The current code requires that a shoreline structure that does not conform to current regulations and is destroyed more than 75 percent must be rebuilt according to current regulations.

The draft CAO update allows structures that are non-conforming because of CAO regulations, even if 100 percent destroyed, to be rebuilt in the existing footprint and continue as lawfully non-conforming structures in perpetuity.

San Juan County is fortunate to have so many citizens engaged in the CAO update process and I thank the Sounder for providing a forum for discussion.