Court Rules for Washington Landowners

The Washington State Supreme Court today, in an 8-1 decision, made it clear that Washington's  Growth Management Act doesn’t require local governments to "enhance" critical areas as part of their comprehensive plans. The Washington Environmental Council and the Swinomish Tribal Council had argued that the requirement to protect implies an obligation to "enhance," that is, restore the areas to some earlier, presumably more pristine, condition. In rejecting that interpretation, the Court affirmed that the GMA obligation is simply to protect the critical areas.

The Court also held that the GMA doesn’t require mandatory buffers along water bodies like creeks, streams and rivers.

AWB member Jay Derr of Gordon Derr, LLP represented Skagit County and various agricultural interests against the appeals of the Swinomish and the WEC, who claimed the county hadn’t gone far enough to protect critical areas and fish.

According to Derr, “This is a big win for agriculture interests and Washington  landowners in general."

We agree.