Zoning

Overview: The Zone Code (OCC Title 17A) is part of the county’s regulatory framework for land use that implements the vision set forth in the Comprehensive Plan.

MVCC has provided extensive comments throughout the development and environmental review of Okanogan County’s Zone Code, and testified before the Okanogan County Regional Planning Commission, stressing our concerns about proposed changes related to density, water availability, wildfire preparedness and protection of farmlands.

The current Zone Code was adopted by the Okanogan County Commissioners in July 2016. MVCC, Futurewise and the Yakama Nation appealed the decision to Okanogan County Superior Court on August 15, 2016.

The lawsuit alleges violations of several state laws intended to protect water quality and quantity, reduce wildfire impacts, and preserve high-quality farmland. The groups have also charged that the analysis of likely environmental impacts of implementing the new code does not meet requirements of the State Environmental Policy Act (SEPA).

• Water. The new code allows for more development than the county’s limited water supply can support, with respect to both water availability and quality. The Planning Enabling Act requires that the county ensure there is sufficient and adequate water for any allowable developments.
• Wildfire. The code does not follow Firewise guidelines for new development, and the SEPA document does not analyze the likely impacts of wildfires on areas of new development in the Wildland Urban Interface, including the availability of fire response and emergency services.
• Farmlands. The code does not designate and conserve important farm, ranch, and forest land, in violation of the Growth Management Act.

This lawsuit came after the MVCC and Futurewise appealed the Comprehensive Plan adopted by Okanogan County in 2014 for failure to address the same issues. In time, the two appeals were consolidated into one case for judicial review.

Latest News: In June 2017, Okanogan County Superior Court Judge Christopher Culp issued an interim ruling on our appeal challenging the Comprehensive Plan and Zone Code. The judge issued a “stay,” which suspends legal proceedings but allows the case to move forward later if necessary.

Okanogan County has since committed to adopting a new Comp Plan and Zone Code by December 2018. In December 2017, the Board of County Commissioners started discussing considerations for the new plan. A proposed schedule for the Comp Plan update process is posted at www.okanogancounty.org/planning.

Resources:

MVCC Comments to Okanogan County on Draft Zone Code (3/17/16)
MVCC Zoning Comments to Planning Commission (2/26/16)
MVCC/Futurewise brief to Okanogan Superior Court (8/16/16)
Yakama Nations brief to Superior Court (8/15/16)