Judge rejects separate impact evaluations

One day after the state Supreme Court refused to allow a referendum on King County's critical-areas ordinances, a Snohomish County judge tossed out a separate legal challenge to the most controversial part of those laws.

Superior Court Judge Ronald Castleberry rejected claims by the Citizens' Alliance for Property Rights and four landowners that the county exceeded its statutory authority by requiring rural landowners to keep 50 to 65 percent of their property in native vegetation when they build.

The King County Council adopted that clearing and grading ordinance in 2004 along with the critical-areas and stormwater ordinances — a package of laws widely known as the critical-areas ordinance.

Under state law, the plaintiffs argued, the county should evaluate the environmental impact of clearing each property separately.

Castleberry disagreed, saying the county had presented "voluminous data" on the cumulative impact of land-clearing across the rural landscape. He said that data are "not challenged by the plaintiffs."

A two-volume scientific analysis by the county said excessive clearing could damage salmon runs and downstream homes by drying out streams in the summer and worsening floods in the winter.

Castleberry's ruling, which he signed Thursday, was delivered to attorneys Friday.

King County Executive Ron Sims said in a written statement that the ordinances benefit all rural landowners by ensuring "that development is done responsibly and does not harm neighboring property owners. The recent flooding and storm events have shown us the potential risks."

Rodney McFarland, president of the Citizens' Alliance for Property Rights, and the alliance's attorney, Russ Brooks of the Pacific Legal Foundation, could not be reached for comment Friday.

The Supreme Court, in a 7-2 decision Thursday, said the critical-areas ordinances aren't subject to local referendum because they were adopted as a requirement of the state Growth Management Act.

Keith Ervin: 206-464-2105 or kervin@seattletimes.com