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Prairies and Oak Woodlands Conservation Ordinance

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Click here to view the most recently adopted interim prairie ordinance. This ordinance has been included in the draft Critical Areas Ordinance update, which is currently under review by the Board of County Commissioners.

Background

On July 28, 2009 the Thurston County Board of Commissioners temporarily changed regulations to better protect prairies and oak woodlands until permanent regulations could be brought forward with the Critical Areas Update. Those changes were enacted through an interim ordinance, Ordinance 14260. This ordinance was renewed, and amended, in 2010 through Ordinance 14380. It was renewed again on Jan. 25, 2011 through Ordinance 14478 and on July 26, 2011 through Ordinance 14542.

The United States Fish and Wildlife Service has provided grant funding to continue Thurston County's prairie conservation work.

What Were the Major Changes Enacted in 2009 (and renewed in 2010 & 2011)?

  • Oregon OakA prairie or Oregon white oak habitat area can be as small as one acre and still be classified as “important habitat.” Areas less than one acre in size may also be included if they are functionally related and have prairie characteristics. (The previous regulations exclude prairies and oak habitat areas that are five acres or less.)
  • Individual Oregon white oak trees are also considered important habitat if they are of value to fish and wildlife. (This is consistent with existing policy regarding Oregon white oaks.)
  • It is no longer necessary for an area to be dominated by prairie plants in order to be considered a prairie. Invasive species have overrun many prairie areas.
  • Development activities on prairie soils or in oak habitat areas and within 600 feet of those habitats may require a special report/habitat management plan. This includes land clearing. A plan is not needed for projects that stay within an existing structural footprint and that keep the existing location and area of impervious surfaces. It also doesn’t apply to minor road repair work. The primary goal of a habitat management plan is to avoid building in the habitat area and minimize impacts on the habitat. (See our FAQ page for more information about habitat management plans.)
  • Mima Mounds are identified as an integral part of prairie habitat, and requires conservation to the maximum extent practical. The previous ordinance was not clear on the issue of Mima Mounds.
  • A new type of soil (Spana-109) has been added to the list of soils that are used to identify prairie areas. This means that an additional 1,235 acres (632 parcels) of land in Thurston County will be classified as prairie lands. Affected acres will increase from 116,455 to 117,690. Affected parcels will increase from 39,434 to 40,066.

Changes Made During the 2010 Renewal (and renewed in 2011)

prairieThe renewal ordinance (Ordinance No. 14380) approved in 2010 included three amendments, which were upheld in renewal ordinances (Ordinance No. 14478 and Ordinance 14542) approved in 2011:
 
1.  One amendment addressed an issue in the existing Critical Areas Ordinance that that required commercial and industrial applications to obtain a Reasonable Use Exception, even in areas that are up to six-hundred (600) feet outside of prairie and oak habitat.  This change did not permit industrial and commercial uses outright within a prairie or oak woodland habitat area, but it did clarify that those uses require a habitat management plan be prepared consistent with other uses listed in the Critical Areas Ordinance.
 
2.  Another amendment updated the areas covered by the ordinance in Table 13-Prairie Soils by removing some soils from the ordinance’s list of prairie soils. These exclusions were based on guidance from US Fish and Wildlife and were primarily areas containing steeper slopes and fluvial (river- and streambed) surfaces, where prairie habitat is rarely found.
 
3.  The third amendment increased the exemptions in the ordinance to include small lots that contain prairie soil but that are unlikely to contain prairie habitat due to their size and the nature of surrounding development.

Changes Made During the July 2011 Renewal - Agricultural Uses

Thurston County commissioners exempted agricultural uses from the interim prairie regulations when they approved Ordinance 14542 in July 2011. This provision will allow Thurston County time to assess the available options under a new law that went into effect in July through Engrossed Substitute House Bill 1886.  The new law is the result of a four-year-process by the Ruckelshaus Center to address agricultural uses and critical areas regulations.

July 7, 2011 Public Hearing

On July 7, 2011 the Thurston County Board of Commissioners held a public hearing to take testimony on an extension of the interim prairie ordinance. Due to significant public interest in this topic, the County is posting a number highly requested documents below:

Thurston County Commissioners renewed the interim prairie ordinance for another six months on July 26, 2011, and included a provision to exempt agricultural uses. Click here for details.

Contact Us

Interested Parties: If you would like to be added to our Web Mail list, please click here. Staff contact: Andrew Deffobis, Associate Planner. Phone: (360) 754-3355, ext. 5467. E-mail: deffoba@co.thurston.wa.us.

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Interim Prairie and Oak Woodlands Conservation Ordinance