Ordinance 4430CITY OF EDMONDS, WASHINGTON
ORDINANCE NO.4430
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF ANY
PERMIT APPLICATIONS WHICH WOULD REQUIRE
STORMWATER MANAGEMENT WITHIN THE DEER CREEK
CRITICAL AQUIFER RECHARGE AREA
WHEREAS, on January 6, 2026, the Edmonds City Council adopted the periodic update
to the City's critical area ordinance (CAO); and
WHEREAS, the CAO included new regulations for the Deer Creek critical aquifer recharge
area (CARA), which read as follows: "The use of stormwater infiltration best management
practices (BMPs), including those that qualify as a Class V underground injection control well
(UIC), are prohibited for all land uses within all wellhead protection areas (WHPAs) associated
with Olympic View Water and Sewer District's (OVWSD) 228th Street Wellhead and the Deer
Creek Springs Wellhead area, including their buffers."; and
WHEREAS, the effect of this language is to prohibit all forms of infiltration in the Deer
Creek CARA; and
WHEREAS, infiltration is presently the only feasible means of managing stormwater
within the Deer Creek CARA; and
WHEREAS, the city is obtaining a study that will inform recommendations based upon
the best available science for managing PFAS -contaminated stormwater within a CARA; and
WHEREAS, the city is evaluating whether there are any other feasible means of
managing stormwater within the Deer Creek CARA; and
WHEREAS, the city does not see an approval pathway for permit applicants under the
regulations that are currently in effect for the Deer Creek CARA; and
WHEREAS, RCW 36.70A.390 authorizes the city council to adopt an immediate
moratorium for a period of up to six months without holding a public hearing on the proposal
provided that a public hearing is held within at least sixty days of its adoption; and
WHEREAS, the city council desires to impose a six-month moratorium on the
acceptance of applications for any permit or authorization to alter land, water, vegetation, or to
construct or modify any structure or improvement, and which would trigger stormwater
management requirements; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
Section 1. Purhosr. The purpose of this moratorium is to allow the city adequate
time to complete the PFAS study relating to the Deer Creek CARA, evaluate other feasible
means of managing stormwater, and, if appropriate, to draft and consider changes to the Deer
Creek CARA and/or stormwater regulation in response to the findings of that study.
Section 2. Moratorium lmposed. The city council hereby imposes a six-month
moratorium on the acceptance of applications for any permit or authorization to alter land, water,
vegetation, or to construct or modify any structure or improvement, and which would trigger
stormwater management requirements. The geographic scope of the moratorium is limited to the
Deer Creek CARA and its buffer.
Section 3. Duration of Moratorium. The moratorium imposed by this ordinance shall
commence on the effective date of this ordinance. As long as the city holds a public hearing on
the moratorium and adopts findings and conclusions in support of the moratorium (as
contemplated by Section 4 herein), the moratorium shall not terminate until six (6) months after
the effective date, unless it is repealed sooner.
Section 4. Public Hearing on Moratorium. Pursuant to RCW 36.70A.390 and RCW
35A.63.220, the city council shall hold a public hearing on a moratorium within sixty (60) days
of its adoption. In this case, the hearing shall be held on March 3, 2026, unless the city council,
by subsequently adopted resolution, provides for a different hearing date. No later than the next
regular city council meeting immediately following the hearing, the city council shall adopt
findings of fact on the subject of this moratorium and either justify its continued imposition or
cancel the moratorium.
Section 5. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 6. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
�i.
MAYOR MIKE ROSEN
ATTE S T/AUTHENTICATED :
11701 A� .
CITY CLERK, LUKE LONIE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK: 2/3/2026
PASSED BY THE CITY COUNCIL: 2/10/2026
PUBLISHED: 2/13/2026
EFFECTIVE DATE: 2/18/2026
ORDINANCE NO. 4430
SUMMARY OF ORDINANCE NO.4430
of the City of Edmonds, Washington
On the loth day of February, 2026, the City Council of the City of Edmonds, passed
Ordinance No. 4430. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF ANY
PERMIT APPLICATIONS WHICH WOULD REQUIRE
STORMWATER MANAGEMENT WITHIN THE DEER CREEK
CRITICAL AQUIFER RECHARGE AREA
The full text of this Ordinance will be mailed upon request.
DATED this 10th day of February, 2026.
CITY CLERK, LUKE LONIE