Blaine v Whatcom County Plans
3/5/25 letter to Whatcom County Planning Commission:
Under the Washington State Growth Management Act (GMA), Whatcom County is required to harmonize its Comprehensive Plan with the City of Blaine Comprehensive Plan. That has not happened.
As an example, Whatcom County and State of Washington shoreline setbacks are 200 feet. The City of Blaine shoreline setbacks are 100 feet. Whatcom County and the State of Washington use the state-mandated 2024 Department of Ecology Stormwater Management Manual. The City of Blaine uses the outdated 2019 manual. Cumulative impact analysis is required by the state and county. Blaine's last assessment was in 2006.
The City of Blaine is not even following its own 100 foot setback requirement, and is armoring the coastline with 8 violations reported by Blaine Water Coalition to Blaine building codes enforcement and no action was taken. City of Blaine plans to develop additional properties on the shoreline of Drayton Harbor that violate both setback and stormwater management requirements. The city must submit variances to setback requirements to Whatcom County for approval. Presently, there is no enforcement of either the state, county, or Blaine codes.
By routinely omitting critical area and stormwater analysis by issuing fraudulent DNS determinations, Blaine is out of compliance with SEPA. Whatcom County and Washington State recognize Lummi treaty rights. Blaine has had no meaningful consultation with Lummi Nation regarding development on Semiahmoo spit, which contains a Lummi burial ground and former village site. Whatcom County requires USACE delineation of wetlands. Blaine omits this.
The Whatcom County Planning Policies for the Whatcom County Comprehensive Plan under Appendix C titled Water Quality and Quantity state the following:
1. The cities, and the county, in cooperation with other municipal corporations, tribal governments, federal and state agencies, and public and private utilities shall cooperate in the protection of water resources and in drawing upon said water to support growth.
2. The Cities and the County in cooperation with other municipal corporations and tribal governments shall adopt zoning regulations and development standards to protect water resources. Where there are potential conflicts with designations required by the Growth Management Act, such as natural resource lands and critical areas, water resource protection shall generally have priority.
3. Jurisdictions shall cooperate to protect and restore water resources and fish habitat within UGA’s and across jurisdictional boundaries to maintain quality of life and economic health in Whatcom County.
4. Jurisdictions involved in the development of ground and/or surface water management plans shall pursue the adoption and implementation of the plans, as well as coordination and integration of the plans into local comprehensive plans as appropriate. Examples of such plans include the Lake Whatcom Management Plan, WRIA 1 Watershed Management Plan, Shellfish Protection District Plans and drinking water source protection plans.
5. All jurisdictions should participate in the process to establish a countywide water resource management body in accordance with the Watershed Management Act and other applicable federal, state and local regulations to inform GMA planning efforts.
6. All jurisdictions shall maximize reduction of water pollutants from stormwater runoff and combined sewer overflows.
Chapter 10 Environment under GMA Goals and Countywide Planning Policies states the following:
Relative to environmental protection, Whatcom County's Countywide Planning Policies (CWPP) give the most attention to water issues. They state, "The quality of life and economic health of Whatcom County communities depend on the maintenance of a safe and reliable water supply. All jurisdictions and water purveyors should cooperate to ensure the protection and quality of the area's water resources." Specific policies address water, promoting inter-jurisdictional cooperation in conserving, protecting, and managing the water resource, and in reducing water pollution (CWPP Policies N.1 – 6). The CWPPs also support protecting wildlife habitat and corridors, natural drainage features, and "other environmental, cultural and scenic resources."
Under GMA Requirements, it states the following:
The GMA requires Whatcom County to identify and manage critical areas in such a manner as to prevent destruction of the resource base and reduce potential losses to property and human life. The GMA has identified Critical Areas to include the following areas and ecosystems: • Wetlands • Critical Aquifer Recharge Areas • Fish and wildlife habitat conservation areas • Frequently flooded areas • Geologically hazardous areas
Goal 10A Protect Natural Resources and Systems Policies state the following:
2. Protect the environment through a comprehensive program that includes voluntary activity, education, incentives, regulation, enforcement, restoration, monitoring, acquisition, mitigation, and intergovernmental coordination.
3. Continue to identify, designate, and protect Critical Areas and other important environmental features.
4. Manage designated Critical Areas as needed, to minimize or protect against environmental degradation and reduce the potential for losses to property and human life.
7. Using Best Available Science, support efforts to educate and inform the public as to the benefits of a healthy and viable environment, ecologically fragile areas, and their economic and social value.8. Lead and/or coordinate efforts with property owners, citizen groups, and governmental and non-governmental agencies in furthering Whatcom County's environmental goals and policies.
9. Cooperate with state and federal agencies and neighboring jurisdictions to identify and protect threatened and endangered fish and wildlife species and their habitats.
Climate Change, Goal 10-D
Strengthen the sustainability of Whatcom County’s economy, natural environment, and built communities by responding and adapting to the impacts of climate change.
Policies
3. Promote the efficient use, conservation, and protection of water resources.
5. Establish land use patterns that minimize transportation-related greenhouse gas emissions and encourage preservation of natural resource lands and the protection of water resources.
Water Resources
Background summary:
The goals of the WRIA 1 Watershed Management Project are: water of sufficient quantity and quality to meet the needs of current and future human generations; restoration of salmon, steelhead, and trout populations to healthy harvestable levels; and the improvement of habitats on which fish and shellfish rely.
Water Quality – To ensure the quality of our water is sufficient for current and future uses, including restoring and protecting water quality to meet the needs of salmon and shellfish, recreational uses, cultural uses, protection of wildlife, providing affordable and safe domestic water supplies, and other beneficial uses. The initial objectives of the water quality management strategy will be to meet the water quality standards. • Instream Flow – To supply water in sufficient quantities to restore salmon, steelhead, and trout populations to healthy and harvestable levels and improve habitats on which fish rely. • Fish Habitat – To protect or enhance fish habitat in the management area and to restore salmon, steelhead, and trout populations to healthy and harvestable levels and improve habitats on which fish rely.
Groundwater Protection and Management
Whatcom County’s Critical Areas Regulations protect Critical Aquifer Recharge Areas (CARAs) during the development process, by precluding certain uses in CARAs and/or requiring certain precautions be taken in handling certain chemicals.
National Pollutant Discharge and Elimination System (NPDES) Phase II Permit Stormwater runoff picks up pollutants as it travels over our developed landscapes and is a major source of water quality problems. In 1987, the Federal Clean Water Act was amended to address stormwater pollution. As a result, the United States Environmental Protection Agency (EPA) created the National Pollutant Discharge Elimination System (NPDES) to address stormwater runoff. States are required to administer permits to local jurisdictions to regulate runoff as part of the NPDES Program. The Permit is referred to as the "NPDES Phase II Permit" or "Phase II Municipal Stormwater Permit". In February of 2007, the Washington State Department of Ecology issued Whatcom County’s Phase II Municipal Stormwater Permit. This permit regulates discharges from Small Municipal Separate Storm Sewers, and is part of the National Pollutant Discharge and Elimination System (NPDES) and State Waste Discharge General Permit. It sets forth requirements of municipalities to address stormwater runoff in areas determined to have population densities reaching urban standards. Whatcom County is required to implement various stormwater management strategies to comply with this State permit.
Surface Water and Groundwater
Goal 10G: Protect and enhance Whatcom County's surface water and groundwater quality and quantity for current and future generations.
Policies
2. Coordinate efforts to bring all water users in Whatcom County into compliance with state and federal water laws in a way that enhances stream flows, water quality, and fish and wildlife habitat while advocating for adequate water for existing agriculture.
3. In conjunction with the public and appropriate local, state, Tribal, and federal jurisdictions, define, identify, and develop management strategies for watershed basins and subbasins that may require special protection. These areas may include aquifers, critical aquifer recharge areas as defined under the Growth Management Act, Groundwater Management Areas, wellhead protection areas, and high priority watersheds such as those specified under WAC 400 (Local Planning and Management of Non-point Source Pollution), WRIA Watershed Management Planning, and under legislative policy direction (e.g. Nooksack Basin, Lake Whatcom, Lake Samish and Drayton Harbor).
4. Management efforts should consider both water quality and quantity. Water quality efforts should help reduce the likelihood that potential contaminant sources will pollute water supplies. Water quantity efforts should include consideration and protection of recharge areas and potential effects on stream flow.
Stormwater and Drainage
Goal 10H: Protect water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff.
1. Manage stormwater runoff to minimize surface water quality and quantity impacts and downstream impacts on channel morphology, property owners, and aquatic species and habitats.
3. Limit the alteration of natural drainage systems and natural water storage sites without mitigating measures. Such measures should not degrade water quality or fish and wildlife habitat and should not increase hazards to the community.
5. Evaluate the role of watersheds in the maintenance of water quality and quantity and determine what cumulative impacts development activity may have on watershed hydrology.
6. Develop specific stormwater management programs for each drainage basin within the county's jurisdiction that may be impacted by urban levels of development. Recognize the Lake Whatcom Watershed, Lake Samish, and Drayton Harbor as high priorities in this effort. Coordinate efforts with the Lake Whatcom Policy Group, the various shellfish protection districts, and other watershed management entities.
9. Develop and administer stormwater management standards as required by the NPDES Phase II Permit.
10. Develop and administer regulations and incentives such that there is no net loss of ecological functions and values of regulated wetlands and fish and wildlife habitats.
Marine Resources Management
Shellfish Recovery
Many of the marine waterbodies in Whatcom County support natural and cultured bivalve shellfish, including oysters and many species of clams. The warm, nutrientrich tide flats in and around Lummi, Portage, and Birch Bays; Drayton Harbor; and Eliza and Lummi Islands represent unique water resources in this regard. Commercial shellfish growers, recreational clam and oyster harvesters, and Native Americans have used this resource for many years. It is an important part of our community’s heritage.
Whatcom County has three Shellfish Protection District Advisory Committees, one for each of the Shellfish Protection Districts: Birch Bay, Drayton Harbor, and Portage Bay. Each advises the County Council on proposed actions and operations relating to the restoration of water quality in their respective watersheds.
Shoreline Management Program
Under the provisions of the SMA, all development along shorelines of the state is required to comply with the provisions of local shoreline master programs. The Whatcom County Shoreline Management Program works with other chapters of the Whatcom County Code to protect and preserve saltwater and freshwater shorelines throughout the county by managing natural resources and directing development and land use suitable for the shoreline environment.
Whatcom County and the Washington State Department of Ecology (DOE) share joint authority and responsibility for the Whatcom County SMP. Whatcom County Planning and Development Services is the primary agency responsible for implementation of the Whatcom County Shoreline Management Program.
Issues Goals and Policies
Goal 10K: Protect and enhance ecosystems, which provide economic, ecological, aesthetic, and cultural benefit.
Policies
6. Consider sensitive fish, shellfish, and wildlife species and their habitats when establishing zoning densities and patterns.
8. Give careful consideration to the siting of industrial, commercial, residential, and other land use designations when located near important marine, terrestrial, or other critical habitats.9. Protect, retain, and enhance the beneficial uses and functions of streams and rivers. Define and identify the beneficial uses and functions of streams and rivers, including wildlife and fisheries habitat, water quality, open space, aesthetics, and recreation.
Fish and Wildlife Populations and Habitat
Goal 10L: Protect and enhance ecosystems that support native fish and wildlife populations and habitat.
1. Strongly discourage any activity that might cause significant degradation of the fishery resource or habitat.
8. Maintain and encourage restoration of habitat functions for threatened and endangered fish species.
11. Formulate and implement a comprehensive, landscape-based, environmental management program to protect fish and wildlife.
18. A baseline of wetland identification and function should be made to track and prevent net loss and avoid cumulative impacts.
Wetlands
Wetlands provide invaluable functions in aquifer recharge, groundwater storage, floodwater detention, pollutant removal and purification of water supplies, as well as provision of fish and wildlife habitat. State regulations must comply with federal standards and local regulations must comply with both federal and state standards.
Goal 10M: Conserve and enhance regulated wetlands.
Policies
2. Develop and adopt criteria to identify and evaluate wetland functions that meet the Best Available Science standard and that are consistent with state and federal guidelines.
4. Encourage land development to avoid wetland impacts. Impacts to regulated wetlands should be contingent upon full mitigation measures that equitably compensate for wetlands impacts, on a case-by-case basis. Approved mitigation measures shall include resources for long-term monitoring and adaptive management of mitigation outcomes to assure effectiveness. Strongly discourage alteration of land that results in the degradation of type 1 and 2 wetlands.
Marine Habitat
Goal 10P: Protect and enhance shellfish habitat in commercial and recreational areas to ensure a productive resource base for long-term use.
Policies
3. Protect shellfish resources by means of pollution prevention and enforcement when necessary. This should include surface and groundwater monitoring for early detection of pollution to minimize the damage and cost of resource restoration.
6. Identify and encourage the use of stormwater treatment systems and Best Management Practices to reduce fecal coliform bacteria levels in stormwater discharging directly into shellfish habitat areas.
7. Solicit input from the Shellfish Protection District advisory committees and appropriate state, federal, and tribal agencies when considering updates to the Comprehensive Plan that relate to shellfish protection.
8. Identify and restore functions, selected through best available landscape-based science, of key wetland areas.
11. Work within the structure of County programs such as the WRIA Watershed Management Planning process to achieve improvements in land use Best Management Practices that will positively affect change in marine water quality.
14. Identify areas (such as wetlands and the nearshore environment) that are important to shellfish habitat preservation. Also identify river and stream processes that adversely impact shellfish habitat. Use this information when making land use management and preservation decisions.
16. Work with the County Shellfish Advisory Committees, Marine Resources Committee, Salmon Recovery Fund Board, WRIA Watershed Management Board, and other local, state, federal, and tribal agencies to address issues associated with shellfish, shellfish area closures, and shellfish habitat.
Other Marine and Marine Dependent Organisms and Systems
Toxics, hormones, heavy metals, and other harmful substances flushed into nearshore and marine environments with stormwater have been shown to have deleterious cumulative impacts on a range of aquatic and marine dependent organisms. Whatcom County will take steps to halt the practice of treating its streams and rivers as a storm sewer and the marine system as a water treatment facility.
Policy 19
Promote Best Management Practices, land use, and stormwater policies that result in a minimal release of harmful chemicals and metallic substances into surface water and the marine environment.
Governing Principles
A. Any inconsistencies between the SMP and the Shoreline Management Act 6 (SMA) must be resolved in accordance with the SMA.
C. 2. By including policies and regulations that require mitigation of adverse impacts in a manner that ensures no net loss of shoreline ecological functions. The required mitigation shall include avoidance, minimization, and compensation of impacts in accordance with the policies and regulations for mitigation sequencing in WCC and the Whatcom County Critical Areas Ordinance (CAO, Chapter 16.16 WCC). The SMP and any future amendment thereto shall ensure no net loss of shoreline ecological functions and processes on a programmatic basis in accordance with the baseline functions present as of the date of adoption of the comprehensive SMP update, February 27, 2007.
3. By including policies and regulations to address cumulative impacts, including ensuring that the cumulative effect of exempt development will not cause a net loss of shoreline ecological functions, and by fairly allocating the burden of addressing such impacts among development opportunities.
Goal 11G: Protect shoreline features of historic, cultural, archeological, or scientific value or significance to prevent damage or destruction through coordination and consultation with the appropriate local, state and federal authorities, including affected Indian tribes.
1. Protect cultural resources in collaboration with appropriate tribal, state, federal, and local governments.
3. Consult with the Washington State Department of Archaeology and Historic Preservation (DAHP) and affected Native American tribes when developing local policies and regulations for identifying, protecting, and preserving cultural resources.
Views and Aesthetics
This element provides for preservation and/or protection of scenic vistas, views of the water, and other aesthetic qualities of shorelines for public enjoyment.
Goal 11H: Assure that the public’s ability and opportunity to enjoy shoreline views and aesthetics is protected.
Objectives:
11H-1: Identify and protect areas with scenic vistas and areas where the shoreline has high aesthetic value.
11H-2: Design development to minimize adverse impacts on views from public property or views enjoyed by a substantial number of residences.
Ecological Protection and Critical Areas
Policy 11U-1: Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not become worse than the current condition. This means assuring no net loss of ecological functions and processes and protecting critical areas designated in WCC 32 Chapter 16.16.
Policy 11U-2: In assessing the potential for net loss of ecological functions or processes, project-specific and cumulative impacts should be considered.
Policy 11U-3: Development standards for density, frontage, setbacks, impervious surface, shoreline stabilization, vegetation conservation, buffers, critical areas, and water quality should protect existing shoreline ecological functions and processes. During permit review, the administrator should consider the expected impacts associated with proposed shoreline development when assessing compliance with this policy.
Shoreline Use and Modification Policies
The following shoreline use and modification policies apply to specific development activities on shorelines.
Shoreline Bulk Provisions – Buffers, Setbacks, Height, Open Space and Impervious Surface Coverage
Policy 11BB-1: Standards for density, setbacks, height, and other provisions should ensure no net loss of shoreline ecological functions and/or processes and preserve the existing character of the shoreline consistent with the purpose of the shoreline area designation.
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