In yet another bill proposing changes to the Growth Management Act (GMA), this House bill requires significant new responsibilities for local governments related to salmon recovery. HB 2549, sponsored by Rep. Debra Lekanoff (D-La Conner) requires cities to achieve “net ecological gain” through our comprehensive planning and development regulations, rather than requiring “no net loss.”

The bill makes the following changes:

• Adds a salmon recovery goal to the GMA:
  Support the recovery and enhancement of salmon stocks through the achievement of net ecological gain from growth planning under this chapter in order to fulfill Washington's tribal treaty obligations and to achieve the delisting of threatened or endangered salmon and steelhead runs under the federal endangered species act.
• Adds a definition of "net ecological gain”:
  A standard for a development project, policy, plan, development regulation, or activity in which the impacts on the ecological integrity caused by the development are outweighed by measures taken consistent with the mitigation hierarchy to avoid and minimize the impacts, undertake site restoration, and to compensate for any remaining impacts in an amount sufficient for the gain to exceed the loss.
• Requires critical areas ordinances to adopt measures that provide for net ecological gain.
• Adds a salmon recovery element in GMA that is designed to achieve the recovery and net ecological gain of anadromous fisheries and to achieve new performance goals set by the Department of Fish & Wildlife. The new salmon element does not go into effect until approved by the Department of Fish and Wildlife.
• Requires consultation with Native American tribes within the region.
• Requires inventories of habitat projects undertaken in the jurisdiction and a plan to ensure that they are enhanced by new development rather than diminished.
• Requires inventories of fish passage barriers in the city and a plan for assessing and prioritizing their correction.
• Requires a plan for how other GMA elements will contribute to the restoration and improvement of habitat and features that contribute to salmon habitat, water quality, etc.
• Establishes an interagency workgroup on riparian ecosystems.

The bill provides that all new GMA element requirements and updates to critical areas are null and void until funds sufficient to cover local government costs are provided by the state at least two years before comprehensive updates are due.

We have identified a number of concerns about this proposal, including whether the net ecological benefit requirement to ensure development projects undertake site restoration could constitute a “taking” and put cities at legal or financial risk.

We also recognize and appreciate the level of additional effort this proposal would expect of cities—even if funded as, thankfully, currently required in the proposal. We would also appreciate your thoughts on whether elements of this could be improved or made more workable. If there are other suggestions on how best to engage cities in salmon recovery efforts in a meaningful and achievable manner, those would also be welcome. Please provide your feedback to Shannon.

Dates to remember

HB 2549 is scheduled for public hearing in the House Environment & Energy Committee at 8 am on Thursday, January 23.