Referendum drive aims to fight land restrictions

By Jim Downing
Seattle Times Eastside bureau

E-mail this article Print this article Search archive Most read articles Most e-mailed articles

Yesterday in a muddy feed-store parking lot in May Valley, the Citizens' Alliance for Property Rights kicked off a signature-gathering drive aimed at putting King County's new critical-areas ordinances on the March 2005 ballot.

The group, led by May Valley resident Rod McFarland, hopes to collect 8,200 signatures from residents of unincorporated King County by Dec. 31 to qualify its three referendums for the ballot.

Each referendum would overturn one of the three new critical-areas ordinances passed by the King County Council on Oct. 25.

The three ordinances, which passed by a 7-6 party line vote, impose some of the strictest land-use restrictions in the United States. The most controversial provision requires property owners in unincorporated areas of King County to keep existing vegetation on 50 to 65 percent of their land, depending on lot size, when they develop. The fate of the group's referendums may be decided even before the signatures are due.

In recent cases in King and Clallam counties, courts have determined that zoning decisions aren't subject to the citizen initiative process.

"We do not believe these planning decisions can be overturned by referendum," said Elaine Kraft, spokeswoman for King County Executive Ron Sims.

The county has not yet initiated legal action against the referendum effort.

For more information: King County Council Critical Areas Ordinances Information: www.metrokc.gov/council/cao/ Citizens' Alliance for Property Rights: www.proprights.org; 206-335-2194

"At this point, we're still reviewing the options available to us," Kraft said.

Information King County Council Critical Areas Ordinances Information : www.metrokc.gov/council/cao/ Citizens' Alliance for Property Rights : www.proprights.org; 206-335-2194

Only residents of unincorporated King County would vote on the referendums proposed by McFarland's group — assuming the measures make it onto the ballot. Land within the city limits in King County is subject to the critical-areas ordinances of each city.

The Pacific Legal Foundation, a national property-rights group, is also planning to file a suit challenging the ordinances in King County Superior Court, according to Sam Rodabaugh, an attorney in the group's Bellevue office.

Because the county ordinances would sharply restrict new development, many rural landowners say the government has effectively stolen their land. The ordinances are intended to protect streams and wetlands — and the animals that live in them — from damage because of land clearing, which alters runoff patterns, can increase the severity of flooding and can degrade water quality. Opponents and supporters of the ordinances disagree on the amount of land that needs to remain uncleared to realize the county's environmental objectives.

McFarland said he chose a hay-scented setting for his group's meeting for a reason.

"This is a picture of the kinds of things that happen in rural America," he said. "[Rural America] is not virgin forest. This area has been cleared forever — it long predates the urbanization of Seattle."

About 30 supporters attended the event. They drank coffee and ate cookies while chickens clucked in the feed-store barn.

Most, like Jim Carlson, who owns 14 acres in May Valley, expressed frustration that urban residents don't appreciate the consequences of the ordinances in rural areas.

"I'd just like to see what the people in the urban areas would do if the government invaded their property and took 65 percent of it and then still made them pay taxes on it," Carlson said.

Jim Downing: 206-515-5627 or jdowning@seattletimes.com

Copyright © 2004 The Seattle Times Company

E-mail this article

Print this article

Search archive

More local news headlines...