Appeals panel strikes down part of county critical areas code

October 27th, 2005 - 8:19am

KONP News

(Port Angeles) -- Clallam county will have to revisit part of it's critical areas ordinance. The state court of appeals yesterday reversed a Clallam County Superior Court decision that allowed the county to exempt pre-existing agricultural land from the rules.

The Western Washington Growth Management Board previously decided that the county could NOT exempt the land. But the appeals court majority said the hearings board ruled correctly in the first place that "pre-existing agricultural uses are not exempt from all critical areas regulation."

The appellant panel vote two-to-one in favor of the appeal. Local environmental activists sought the appeal almost five years ago saying they thought the exemptions could increase to more properties avoiding growth management regulations.