GOOD NEWS FOR BIG LAKE!

State Growth Board Confirms County’s Authority to Look Beyond 200 Feet to Protect Critical Areas

MOUNT VERNON, Wash. — July 23, 2026 — We won our appeal to the Superior Court of the Hearing Examiner’s dismissal of our appeal as untimely filed.  The Hearing Examiner counted the 14 days in which we had to file an appeal from the time the Director “said” he issued the permits authorizing the complete redesign of the project (“2025 plan”).    Superior Court Judge Neidzwski found that “the Hearing Examiner's application of the law to the facts was clearly erroneous” when he concluded that the date of Director’s decision was when the Director “said” he issued it rather than the later date of the only written document regarding that past decision.  As a result, our appeal is back on and a final hearing is set for October 9, 2026.

The next hearing will determine whether the Director’s ‘behind closed doors’ approval of a complete redesign will stand.  We argue that reviewing the significant revision without notice to the public of the “revision” application, no Adoption of Prior Environmental Documents with notice to the public required by SEPA, and no opportunity for public comment, is not allowed under Skagit County Code and State Law.   Moreover, we haven’t had the public hearing on whether the Overlook stormwater management design ensures ‘no pollution or degradation’ that the County Commissioners in November, 2024. 

Yes, it has been almost two years since we started this journey by appealing the Hearing Examiner’s approval in August, 2024, of the 42” pipe to Big Lake for Overlook Crest stormwater.  Our small band of appellants has worked very hard to keep the case moving along, and with your financial support, secured critical expert witness reports. 

But now we are fighting on two fronts, and have engaged Kyle Loring, Esq. to help us – given the three lawyers working for Overlook Crest.  Not only is the remand hearing proceeding on how the Director excluded the public from commenting on the new plan, but Overlook Crest, LLC has also appealed Judge Neidwzki’s Order to the Appellate Division.

PLEASE HELP.  We know most of you have contributed to the algae treatment fund.   Nevertheless, we ask you to contribute again so we can continue this important effort to prevent a new source of phosphorus to the lake which feeds the algae.  Also, please know this new plan is not the one you saw and commented on.  It has changed radically.