Marin County’s Stream Conservation Area Ordinance is Nearly Adopted!

By: Ashley Eagle-Gibbs, Legal and Policy Director, and Lauren Richards, Legal and Policy Intern

We are pleased to report that in May the County of Marin has agreed to a settlement in principle with the Salmon Protection and Watershed Network (SPAWN) and the Center for Biological Diversity regarding the County’s analysis of the environmental effects of the 2007 Marin Countywide Plan on endangered fish species in the San Geronimo Valley. 

As a result of this settlement, the County is close to adopting a proposed stream conservation area (SCA) ordinance for the San Geronimo Valley. The proposed ordinance consists of amendments to the County’s zoning ordinance (or Development Code) that would establish an SCA buffer of 100 feet or more, create standards for development within the buffer, and provide permit review procedures and requirements. 

On June 13th, the Marin County Planning Commission approved the proposed ordinance unanimously and the Marin County Board of Supervisors will consider the ordinance on July 19th. At the June 13th meeting, there was an overwhelming majority of environmental groups voicing support for the proposed ordinance. EAC’s legal and policy intern, Lauren Richards, provided oral comments in support. EAC also joined partners in sending written supportive comments. 

EAC is especially encouraged to see the recent modifications to the proposed ordinance including: 

  • a 35-foot riparian buffer as secondary protection that was recommended in the County’s 2010 Salmon Enhancement Plan;

  • the reduced building allowance horizontally and allowance for vertical development (the allowance of vertical additions is a fair compromise and will hopefully incentivize less of a footprint in the watershed);

  • the No Net Loss of Habitat, where development within the SCA triggers a replacement with native vegetation at a 2:1 ratio to be monitored by the property owner, and; 

  • the term “Infeasible Development” being replaced with clear guidance on how to build out undeveloped parcels in the SCA. 

All of these measures taken together will help protect our local biodiversity including endangered coho salmon, hopefully allowing for its population to increase while also ensuring that Marin residents understand the reasonable development limitations.

Exemptions for extremely small developments, porous paving, and ADA compliance additions to homes are all acknowledged in the plan. The proposed ordinance is consistent with riparian protection policies from the Countywide Plan and environmental reports.

EAC and many other NGOs have been supportive of the proposed ordinance; and we are hopeful that it will help protect endangered coho salmon, steelhead trout, and our riparian corridors. An exciting culmination of over 15 years of work by SPAWN, and once adopted, the ordinance may be used as a model for other County jurisdictions. 

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