May a city adopt performance standards to comply with growth management requirements for critical areas designation?
The Central Puget Sound Growth Management Hearings Board concluded in Gutschmidt v. Mercer Island that a city can adopt performance standards, rather than detailed prescriptive standards and mapping, to comply with GMA requirements for critical areas designation. For example, a city may require individual property owners to submit reports and surveys that enable the city staff to determine whether critical areas exist on the property. Instead of utilizing detailed mapping, a city may establish definitions and narratives that characterize what lands constitute critical areas. • What is the legality of downzoning for critical areas protection? Downzoning is the practice of rezoning an area from a more intensive use to a less intensive use. It is not inherently unlawful to downzone. The fact that the property may not have as great a value after the rezone does not invalidate the rezone action or necessitate the payment of damages by the city. While property owners must be allowed some rea
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