For years I’ve noticed signs posted in front of patches of urban forests with titles like “Native Growth Protection Area.” I wondered how these areas were protected, and who was responsible for controlling invasive plants on them? I did some research and learned that the answers derive from the 1989 Washington Growth Management Act (GMA).
The GMA prohibits building in “critical areas,” including water courses, wetlands, steep slopes, and the buffer areas around them. As a result, many people in the Puget Sound Region live in subdivisions in which parts of the properties have been set aside and protected from further development. For example, if you live in unincorporated Snohomish County your subdivision may include a “Native Growth Protection Area (NGPA) or Critical Area Protection Area (CAPA)” which are the County’s designations for permanently protected critical areas, and/or critical area buffers. These NGPAs or CAPAs are owned by the residents of the subdivisions, either collectively or individually.
What should you do if your backyard forest is a protected critical area, and you are concerned about Ivy growing up the trees or other invasive plants? How can critical areas be managed while at the same time leaving them undisturbed? This is not an easy question to answer.
I exchanged emails with Adam Jackson, Watershed Steward for Snohomish County (Adam.Jackson@co.snohomish.wa.us, 425.262.2623) who wrote that in general NGPAs and CAPAs are “to be left permanently undisturbed in a substantially natural state.” However, Adam also told me that the responsibility for compliance with County regulations, including the maintenance and management of NGPAs and CAPAs, falls on the landowners, either individuals or Homeowners Associations (HOAs).
Each of the four counties and dozens of cities in the Puget Sound Region have their own critical area regulations, so at minimum you need to contact your local jurisdiction to find out what you can and cannot do, and what kinds of assistance are available.
You may also need to track down your subdivision’s plat maps for the specific restrictions that apply to your protected critical area. If the critical area lies on your own individual property, your property deed may contain title restrictions. If the critical area is owned collectively, your HOA may have its own rules and regulations that apply.
In short, a significant amount of due diligence is required to properly and legally manage a critical area. Before starting any forest restoration work in a critical area, a resident should always make sure they know exactly what those specifics are.