Kenmore critical areas code update: state-mandated amendments to KMC Title 18 headed for fall hearings

What the records say

The July 28, 2025 City Council agenda included a business item on code amendments to Title 18 of the Kenmore Municipal Code covering critical areas, presented by Principal Planner Todd Hall and the Osborn Consulting team (Principal Tarelle Osborn and Senior Biologist Diana Halladay) for discussion and direction. ¹ The agenda bill states the City is required to update sections of the critical areas ordinance to comply with Best Available Science as part of a periodic update mandated by the Washington State Department of Commerce, due no later than December 31, 2025, using Washington Department of Fish and Wildlife guidance on riparian ecosystems. ¹ The attached presentation lays out three directional questions for the Council: replacing stream buffers with Riparian Management Zones designated as a type of Fish and Wildlife Habitat Conservation Area; replacing the Fish and Wildlife Habitats of Importance category with a new FWHCA structure to meet WAC 365-190-130; and creating a streamlined review process for riparian restoration or enhancement projects under a proposed new section 18.55.165. ¹ The presentation's schedule lists a draft of KMC 18.55 for City review in August, a second Council presentation on September 15, a public hearing on October 13, and tentative Council adoption on November 17, ahead of the December 31, 2025 state deadline. ¹ The consultant work is funded through Osborn Consulting contract 23-C2294, Task Order 2, at $40,200 for April 2 through December 31, 2025, covered by General Funds in the Community Development budget. ¹ The supplied record is pre-meeting material only; it does not establish what direction the Council gave or whether any of these steps occurred as scheduled. ¹

• The update is required to comply with Best Available Science under the Growth Management Act, using WDFW riparian guidance, and must be completed and submitted to Commerce by December 31, 2025. ¹
• Council was asked for direction on three items: replacing stream buffers with Riparian Management Zones, restructuring Fish and Wildlife Habitat Conservation Areas, and a streamlined review process for riparian restoration projects. ¹
• The staff schedule lists a September 15 Council presentation, an October 13 public hearing, and tentative adoption on November 17. ¹
• Consulting work is funded by Osborn Consulting contract 23-C2294, Task Order 2, at $40,200 (4/2/25–12/31/25) from General Funds. ¹
• The supplied record is pre-meeting only and does not establish the Council's direction or the meeting outcome. ¹

Why it matters

Analysis: Critical areas rules govern what property owners and developers can build near wetlands, streams, steep slopes, and flood-prone land, so the outcome of this update could change development standards across Kenmore. ¹ The presentation indicates the riparian changes could affect stream and lakes provisions throughout KMC 18.55 and may have implications for the Title 16 shoreline regulations, which staff said they would aim to keep within 18.55 where possible. ¹ Residents with property near these features, or following housing and development issues, have a clear window to weigh in at the October 13 public hearing listed in the staff schedule. ¹

What changed / what's next

• No code change is documented; the item was scheduled for discussion and direction, with draft amendments and adoption steps planned for later in 2025. ¹
• Whether the Council gave direction on July 28 and whether the September 15 draft, October 13 public hearing, and November 17 adoption proceed as scheduled; the supplied record does not establish any of these outcomes. ¹
• The available records do not establish the meeting's outcome.