Updating Critical Areas Regulations: Applying Science in a Regulatory Framework

Session 1C | Wednesday | 11:15 AM – 12:30 PM (PT)

About the Session

Local jurisdictions across Washington are facing another round of updates to critical area regulations and with this comes the requirement to ensure consistency with Best Available Science (BAS). This session will focus on the current synthesis of BAS and its application to local policies and codes. Presenters will include an overview of recent recommendations related to protecting wetlands, critical aquifer recharge areas, and fish and wildlife habitat conservation areas. More specifically, the presenters will focus on recent BAS by the Washington Department of Fish and Wildlife, the agency's corresponding guidance, and key issues urban and rural communities face. Panelists, including planners from urban and rural communities, will provide their perspectives on applying the latest BAS to regulatory updates. This includes public engagement/messaging tips, working with stakeholders, and collaborations with State agencies and tribes.

About the Moderator

Dan Nickel

Principal of Planning, Facet

Dan is an Executive Vice President at Facet and Principal of Planning with over two decades of experience helping municipalities develop policies and regulations that balance environmental impacts and regulatory protection standards. His body of work on Comprehensive Plans, Shoreline Master Programs, and Critical Areas Ordinances dives into the intricacies of GMA and SMA while working closely with communities to create tailored approaches to ensure compliance and regulatory flexibility are well managed.

About the Speakers

Nell Marie Lund

Professional Wetland Scientist, Senior Ecologist, Principal

Nell is a Senior Ecologist, Wetland Scientist, and Project Manager with over 18 years of natural resource experience. She frequently works with Facet's planning department in support of long-range planning efforts, providing Best Available Science (BAS) review and critical area ordinance update support. A background in research gives her outstanding writing and document production skills. She explains natural resource issues and potential BAS-based solutions to project teams, as well as non-technical staff and the public.

Avril Baty, AICP

Current Planning & Permit Center Manager, City of Sammamish

Avril Baty, AICP, is the Current Planning & Permit Center Manager at the City of Sammamish. Having migrated to Washington from San Jose, California, her favorite professional phrase became "no net loss of ecological function". She has worked closely with Facet since Fall 2023 to update the Critical Area Ordinance of Sammamish, with the shared goal of creating regulations that are robust while causing the least amount of brain damage.

Kathlene Barnhart

Senior Planner, Policy Development, Ecosystem Recovery, Kitsap County

Kathlene is an environmental and land use planner with over 18 years of experience in the Puget Sound region, previously earning her degree in Geography from the University of Oregon, where her study focus included geomorphology, watershed science, and public policy. In her work, she has focused on ecosystem recovery, as well as environmental and land use planning and implementation under the Growth Management Act and Shoreline Management Act. She has managed multiple ecosystem restoration and land use grant programs, in partnerships with local, state, and federal agencies as well as local tribes and non-profit organizations. Kathlene is passionate about permitting effectiveness, community outreach, and protection of our region's ecosystems. In her free time, Kathlene enjoys Scuba diving, hiking, and native plant propagation.

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