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Kevin is a broker listing a rural property in King County. During his research, he discovers that a portion of the property contains a mapped geologically hazardous area — specifically a landslide hazard area — designated under the county's Critical Areas Ordinance adopted pursuant to Washington's Growth Management Act (RCW 36.70A). A buyer asks Kevin whether this designation affects what can be built on the property. Which of the following responses reflects the MOST accurate understanding of how Washington's CAO framework applies to this situation?

Correct Answer

D) Development within or adjacent to the landslide hazard area will likely require a geotechnical study and may be subject to setback requirements, buffers, or conditions under the county's CAO before any permits can be issued.

Under Washington's Growth Management Act (RCW 36.70A.060), counties must adopt Critical Areas Ordinances that protect geologically hazardous areas, including landslide hazard areas. Development within or adjacent to such areas typically requires a geotechnical report prepared by a licensed professional engineer or geologist, and the county's CAO will impose setback requirements, buffers, and potentially conditions or mitigation measures before permits are issued. The designation does not automatically prohibit all development but does impose significant review and performance standards.

Answer Options
A
The buyer is prohibited from building any structure anywhere on the parcel because a geologically hazardous area designation voids all development rights for the entire lot.
B
The designation only restricts development if the hazard area covers more than 50% of the parcel, in which case the county must offer the owner a density transfer credit.
C
The geologically hazardous area designation has no effect on development rights because it is only an advisory mapping tool and does not create any legal restrictions.
D
Development within or adjacent to the landslide hazard area will likely require a geotechnical study and may be subject to setback requirements, buffers, or conditions under the county's CAO before any permits can be issued.

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Related Topics & Key Terms

Key Terms:

critical_areas_ordinancegeologically_hazardous_areaslandslide_hazardgrowth_management_actgeotechnical_studydevelopment_restrictions

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