USEPA photo by Eric Vance

LDC Inc. went to Washington, D.C. October 24 to advocate for sensible stormwater management regulations that lead to clean water for communities instead of mountains of paperwork.

Representing builders and developers who do business in Environmental Protection Agency Region 10, Clay White, principal planner, joined nine other NAHB members from across the country to meet EPA Administrator Scott Pruitt and his top local enforcement officials.

NAHB members suggested several ways EPA could improve the process, including:

• A simplified permit process for small lots. EPA's compliance template for single-family homes in large subdivisions that could also serve as a streamlined permit: it's concise and written in "builder language" because NAHB helped develop it.
• A "find it, fix it" approach. Rather than penalize first-time violators, EPA inspectors should provide compliance assistance during site visits and allow builders to correct minor infractions so they can do it right the next time.
• Better coordination among regulators. Multiple visits from local, state and federal inspectors to the same site can result in very different observations and citations. The EPA needs to allow the states, and not themselves, to play the lead role in stormwater enforcement.
• Continued participation in EPA's "Smart Sectors" Program. Homebuilders were invited to participate this business community partnership to develop sensible regulations while protecting the environment and public health.

White was pleased at EPA's response. "It was tremendous to meet with Administrator Pruitt and the EPA team on issues that are impacting our building community. I believe that this meeting will result in positive outcomes for the builders in our region."

For stormwater management resources, visit the NAHB Stormwater Toolkit.

15 Years Green

Jason Lear is principal and co-owner (along with his wife, Holly Batt) of Batt + Lear, a 15-year-old Seattle construction firm, employing a diverse group of 25 employees. Batt + Lear builds and remodels structures to be highly energy efficient, simple, and functional and has won numerous green building awards over the years.

Joined MBA for the Health Insurance Trust

Batt + Lear joined the MBA in 2005, specifically for the MBA Health Trust. "Right from the beginning, it had been our dream to be the kind of company that people wanted to work for," says Jason. "Early on, we offered 20 days of paid time off plus health insurance. The MBA Health Trust was the only plan that would let us insure a minimum of just five employees. We also appreciated the ability to pick our own practitioners."

Staying Insured Through Downturns

Jason's company has made it a priority to maintain health insurance benefits, even through difficult financial periods. "Making it through 2008 was tough. We had to cut our 20-employee team by half. But we did have the good fortune to be vested in remodeling. After the financial crash, people couldn't sell or invest in new buildings, but there were a lot of remodel projects. So we got through. Now we're up to 25 employees and doing well."

Temporarily Lured Away

Jason tried another health insurance program for three years before coming back to the MBA Health Trust. "We were lured away by another insurance trust, which seemed less expensive. And it was cheaper initially because we had a group of young employees who never made claims. But when our employees actually started using the insurance, we were penalized, and our costs were hiked drastically by 45 percent. So we found our way back to the MBA Health Trust."

Modest Increases Are Easier to Plan For

All businesses have seen escalation of health insurance premiums the past couple of years, but Jason says the Trust is keeping them reasonable. "You assume rates are going to go up," he says. "We can handle single-digit increases. They are easier to plan for versus what you see outside of the Trust."

Regence BlueShield Is Very Versatile

Regence BlueShield, the Trust's insurer, provides Batt + Lear many care and provider options. "There is a lot of flexibility. Our staff can select the HSA plan or the preferred provider plan," says Jason. "Personally, for my family, I appreciate that Regence supports alternative care, things like massage, chiropractor, naturopathic doctors, etc." Jason says the plan is also well managed. "The administrators are great; they show us owners different plan options for getting the best coverage for the lowest price. And they present well-explained options to our employees and are always available for consultation."

Built Green

Batt + Lear are highly engaged with Built Green, the MBA's program for setting certification standards of excellence for construction that makes a significant impact on housing, health, and the environment. The program provides consumers with an easy-to-understand rating system that quantifies environmentally friendly building practices and gives builders the resources and support to build high-quality, desirable homes. "We were green builders right from the start," says Jason. "We wanted to be more public about it. So we started to certify projects as green. And now I'm on the executive committee of Built Green."

MBA GRIP Program Delivers L&I Refunds

Jason's firm also takes advantage of GRIP, the local safety incentive program for members of the MBA. GRIP provides Batt + Lear with a team of professionals dedicated to helping them reduce on-the-job injuries, manage workers' comp claims, lower L&I premiums, and maximize refunds. "It's a great, overlooked program that I wish we had known about earlier. We left a lot of money on the table. This is the third year we are getting refunds," Jason says.

The MBA Means Advocacy

The MBA has long been known for lobbying and government relations on behalf of its members and Jason is seeing the benefits directly in Seattle. "There's definitely a new focus from the MBA toward Seattle businesses like mine," he says. "The MBA advocacy groups are partnering with other influential groups to provide the Seattle City Council with a voice representing builders and green builders—which we very urgently need."

Contact:
Stephanie Giralmo, Public Relations & Media Manager
Master Builders Association of King and Snohomish Counties
p 425.457.7067

FOR IMMEDIATE RELEASE

Kirkland Tree Ordinance Falls Short on Addressing Housing Crisis

MBAKS, builders and property owners appeal City’s ordinance, seeking balance between tree protection and need for more housing choices

BELLEVUE, Wash., May 18, 2022—Master Builders Association of King and Snohomish Counties (MBAKS) today joined eight builder/developers and property owners in filing an appeal before the Growth Management Hearings Board regarding Kirkland’s recently adopted tree protection ordinance.

On March 15, the Kirkland City Council approved the ordinance governing tree removal and replacement by a vote of 5-2. Public comments opposing the vote observed the final ordinance had abandoned a multi-year collaborative effort between City stakeholders, Kirkland residents, the Houghton Community Council (HCC), MBAKS, and individual developers. According to the comments, these key stakeholders had proposed a balanced approach for trees and growth goals, which the City jettisoned in favor of an entirely staff-drafted ordinance.

The adopted ordinance defines “landmark trees” that must be preserved by private property owners and creates a nearly total ban on their removal from private property. Under the new definitions, these “landmark trees” and “groves” are common throughout the city and are found on countless private properties. The appeal argues this action failed to meet important planning goals of the Growth Management Act (GMA), including those calling for encouraging development in urban areas, affordable housing, and timely, fair and predictable permit processing. Furthermore, the ordinance was adopted without consideration of private property rights, largely placing the burden on private property owners for achieving the city’s goal of a city-wide 40% tree canopy.

“The work to provide more housing choices takes place in a robust regulatory and planning regime that protects the environment and considers a variety of perspectives” said Interim MBAKS Executive Director Jerry Hall. He noted that “Kirkland is doing many things right under the GMA and is one of the better jurisdictions in which MBAKS members develop land and build homes. However, we are concerned that more onerous tree retention and replanting requirements in Kirkland’s tree code will significantly increase review times and construction costs, hampering new home construction at a time when more housing supply is desperately needed. This will make it increasingly difficult for the city to meet its own housing goals and provide a range of affordable housing options for current and future residents.”

MBAKS also maintains that the ordinance improperly treats single trees and small groves of trees as critical areas on par with wetlands or fish and wildlife habitat conservation areas, even though they do not qualify as critical areas or for protection under GMA rules. Nor does the ordinance rely on “best available science” or consideration of the significant tradeoffs involved with this new set of limitations. At the same time, MBAKS asserts that the city did not consider any “best available science” in requiring large buffer areas around tree protection and critical root zones, as required under the GMA for designated critical areas.

Prior to its adoption, MBAKS actively engaged with the city and others in a multi-year stakeholder process, offering input on how to support our shared goals of a vibrant tree canopy—both in the short term and many years into the future— while providing much needed housing. However, the city put the process on hold in 2019. The city then in 2021 suddenly changed course, entirely disregarding the stakeholders’ input and recommendations from 2019, and took a far different approach on tree protection with very limited opportunity for comments from stakeholders.

The HCC, along with MBAKS, were part of the stakeholder process in 2018/2019. The city did not consider the HCC’s input prior to adopting the new regulations but did provide them the right to veto the new regulations as applied to their jurisdiction. The HCC did just that and voted overwhelmingly on April 25th to veto the new regulations. The HCC and MBAKS share many of the same concerns regarding the new regulations including lack of predictability.

The GMA requires fast-growing counties and cities to plan thoughtfully for new housing, transportation, and business centers, while still protecting environmentally critical areas. Encouraging housing near job centers will reduce long commutes and lower greenhouse gas emissions. Additionally, denser housing efficiently uses our limited land supply, and these homes are more affordable and energy efficient.

MBAKS is strongly committed to environmental stewardship, which can be seen in our advocacy work for pro-density housing measures, like accessory dwelling units, fee simple townhouse codes, and state legislation facilitating middle housing and transit-oriented development. MBAKS believes trees are a vital component of our urban environment, whether thoughtfully retained or newly established in harmony with development.

“We stand as a partner in the work to address the current housing affordability crisis and support crafting a plan for maintaining the vibrant tree canopy that we all love in Kirkland,” said Jennifer Anderson, MBAKS Interim Government Affairs Director. “Unfortunately, we believe that the current adopted tree code works against rigorous planning work required by the GMA, which exists to encourage more homes near jobs and schools so that we may protect our most pristine areas and open places that make our region special.” Anderson further stated that MBAKS hopes this appeal will help clarify the authority of local jurisdictions under the GMA to regulate tree retention, particularly outside of critical areas.

MBAKS supports tree protection. However, it is sometimes necessary for homebuilders to remove trees to meet each property’s highest and best use. Trees are also often removed for safety reasons when they could result in dangerous conditions for residents. In addition, trees are often replaced at a higher rate than removal, with new trees established in locations better suited for healthy long-term growth within the developed environment, and with more diverse tree types than what was removed, ensuring a healthy tree canopy is maintained and enhanced over time.

There are numerous other state and local regulatory requirements builders must follow to ensure environmental protection, including shoreline rules, grading and drainage codes, stormwater regulations, building and energy codes, and more. The GMA challenge contends Kirkland’s ordinance upsets the delicate balance of considerations that ensure the responsible growth of our community.

For more information, please email pr@mbaks.com.

About MBAKS

Founded in 1909 and headquartered in Bellevue, Washington, the Master Builders Association of King and Snohomish Counties (MBAKS) is the nation’s oldest and largest local homebuilders association. Like our founders, our members continue to take a leading role in all facets of homebuilding and support the planning for a growing region. From new technology to advances in sustainability, from collaborative public policy efforts to investing in our communities, our commitment to a thriving, inclusive and well-planned region never wavers. We are the professional homebuilders, architects, remodelers, tradespeople (carpenters, framers, roofers, plumbers, electricians), planners and engineers, suppliers, manufacturers, and sales and marketing professionals in your community who believe everyone deserves access to a healthy and productive place to call home.

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