Critical Areas Ordinance Update

The City of Bellevue is updating its Critical Areas Ordinance (CAO) to ensure strong environmental protections while supporting responsible growth. This update follows state law, which requires cities to review and update their critical area regulations every ten years. The updated ordinance will incorporate the latest scientific research, improve clarity, and balance conservation with housing and development needs.

Background

Every ten years, Washington’s Growth Management Act (GMA) requires cities and counties to review and update their critical areas policies and regulations. This process ensures these protections reflect the Best Available Science (BAS) and continue to safeguard sensitive environmental areas. The state identifies five types of critical areas that must be designated and protected:

Wetlands
Critical aquifer recharge areas (which help replenish drinking water supplies)
Frequently flooded areas
Geologically hazardous areas (such as landslide-prone slopes)
Fish and wildlife habitat conservation areas

Bellevue’s last major update to its Critical Areas Ordinance (CAO) was in 2006. Since then, the City has made only targeted updates:

2009: Adjustments to support the BelRed rezone and related land use changes
2018: Refinements to the Shoreline Master Program, including removing the Shoreline Jurisdiction Overlay from the Critical Areas Overlay
2020: Updates to flood regulations to align with federal and state requirements, including adopting FEMA’s latest flood maps and studies to maintain eligibility in the National Flood Insurance Program (NFIP)

Now, the City must complete its next periodic CAO update by Dec. 31, 2025, ensuring Bellevue’s environmental protections stay up to date with the latest science and regulatory requirements.

Proposed approach and scope of the CAO Update

The Critical Areas Ordinance (CAO) Update will follow a two-step approach, shaped by community input, to ensure Bellevue’s regulations effectively balance environmental protection with the city’s ongoing growth and community priorities.
Step 1: Using the Best Available Science (BAS)
Bellevue is required to base its critical areas regulations on the Best Available Science (BAS) or provide clear justification for any deviations. Special attention must also be given to conservation efforts that support anadromous fish species, such as salmon. To meet these requirements, the city has hired a technical consultant to review the latest scientific data and research.
Step 2: Identifying Gaps and Updating Policies & Codes
The city's existing critical areas policies are found in the Climate and Environment Element of the Comprehensive Plan, with related regulations codified in Part 20.25H of the Land Use Code (LUC). Using insights from the BAS review, Bellevue will conduct a gap analysis to pinpoint areas where current regulations may not fully align with the latest science or Growth Management Act (GMA) requirements. This analysis will also explore ways to:

Clarify and simplify regulations to improve usability
Better support housing development while maintaining environmental protections
Advance city priorities, such as daylighting streams in BelRed, facilitating development along the Eastrail corridor, and streamlining review processes for properties with critical areas

Key updates under consideration

As part of this update, Bellevue will revise the land use code (LUC) to:

Clarify key definitions to improve consistency
Refine buffer, setback and mitigation rules for all critical areas
Differentiate between human-made and natural steep slopes
Update or replace current density and intensity calculation methods to better support housing
Simplify the critical areas reporting processes and streamline permit decision criteria

Input opportunities

Stay tuned for upcoming opportunities for input and engagement.

Project Timeline and Schedule

Date	Meeting, Event or Action	Links
2/25/25	City Council Study Session (Project Initiation)	City Council Agenda Materials
3/26/25	Planning Commission Study Session	Planning Commission Agenda Materials