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From the initial public meetings in the fall of 2008 to the adoption of an ordinance on May 10, 2011, Whatcom County has been working to update its policies and regulations for managing growth and development in rural areas. The purpose of this update is to ensure that the Rural Element section of the Whatcom County Comprehensive Plan accurately reflects the values and expectations of county residents.
This web site is intended to provide citizens with information on the project, including adopted changes, a summary of the Rural Element project, a brief history, background on LAMIRDs, public comments that are part of the public process, and information on how to get involved. We welcome and invite your comments and questions.
Check this page for the latest information, or email pds@co.whatcom.wa.us to receive regular updates.
This page was last updated January 20, 2012 |
The latest:
GMHB order issued
On November 21, 2011 the Growth Management Hearings Board's Western Washington panel held a hearing in Bellingham on the four appeals of Ordinance 2011-013. The Board published its Final Decision and Order on January 9, 2012. The order specifies 24 issues in which the County is not in compliance with GMA (see PDS summary of those issues). The order finds all or part of seven LAMIRDs, as well as the County's development regulations for RGC, NC, STC, GM, and RIM zones, to be invalid. The finding of invalidity limits non-single-family-residential permitting in those areas per RCW 36.70A.302.
County Council approves additional changes
On November 9, 2011 the County Council adopted Ordinance 2011-043, which makes further changes to the zoning code beyond those made in Ordinance 2011-023. The changes include increasing the minimum lot size allowable in the Rural Residential Density Overlays from one acre to two acres, and specifying that commercial and industrial zones are allowed in LAMIRD designations.
GMHB issues decision on rural zoning
On September 9, 2011 the Growth Management Hearings Board published its decision in the July 26 hearing on rural zoning. The Board found the County's retention of R-2A zoning in rural areas does not violate the GMA.
County Council approves map correction July 26, 2011
After the adoption of Ordinance 2011-013, staff found an error in one of the zoning maps (Lake Whatcom), where a label showing rezoning from RR-2 to RR-5A* had been inadvertently omitted. On July 12 the County Council introduced an ordinance to correct the omission and the Ordinance 2011-028 was adopted by the County Council at their July 26 meeting.
County Council repeals subdivision moratorium
On June 21, 2011 the County Council adopted Ordinance
2011-023, which repeals Ordinance 2011-002. The earlier ordinance imposed a
six-month interim moratorium on acceptance of applications for subdivisions
and short subdivisions creating lots smaller than ten acres in areas the
Planning Commission had recommended for inclusion within LAMIRDs, and was
set to expire on August 6, 2011. (A similar six-month interim moratorium,
Ordinance 2010-066, was adopted in December 2010 for "affected areas"
outside the Planning Commission's proposed LAMIRD boundaries; that ordinance
expired on June 19, 2011). The new ordinance was signed by the County Executive on June 23 so the moratorium
repeal has taken effect as of July 3, 2011.
County Council adopts rural element ordinance
At its May 10, 2011 meeting the County Council adopted an ordinance amending the Comprehensive Plan, the zoning code and zoning maps related to rural areas of Whatcom County. The pages on this Rural Element Update website provide reference materials on the public process through which this ordinance was developed over the course of more than two years. The adopted ordinance, with exhibits showing amended text and maps, is posted on the Proposed page.
Hearings Board grants another extension of the compliance deadline
On April 15, the Growth Management Hearings Board issued an order granting an extension of the compliance deadline until May 24, 2011. A compliance hearing by the Board was scheduled for July 26, 2011 (it was originally set for July 6).
Hearings Board Rescinds Order Determining Invalidity
In a December 22, 2010 order, the Growth Management Hearings Board extended Whatcom County's compliance deadline to March 29, 2011 on its Rural Element amendments, and "enter[ed] a Determination of Invalidity as to Whatcom County's LAMIRD designation criteria." Following the County's adoption of moratoria on subdivisions in affected areas, the Board rescinded the determination of invalidity. For more information, follow these links:
January 11, 2011 Emergency Interim Moratorium
At its January 11, 2011 meeting the County Council adopted Ordinance #2011-001 imposing an emergency interim moratorium on the acceptance of new applications for subdivisions and short subdivisions (with lots smaller than ten acres) in parts of the areas that were affected by the 2005 hearings board decision, but were not included in the moratorium imposed by Ordinances #2010-053 and #2010-066.The moratorium applies only to the areas the Planning Commission had recommended be included in a LAMIRD, and to subdivisions proposing divisions of property into parcels smaller than 10 acres. The ordinance includes maps showing the areas where the Planning Commission had recommended LAMIRDs be designated. On January 25, 2011 the County Council adopted the interim moratorium (Ordinance #2011-002).
October 26, 2010 Emergency Interim Moratorium
At its October 26, 2010 meeting the County Council adopted Ordinance #2010-053 imposing an emergency interim moratorium on the acceptance of new applications for subdivisions and short subdivisions in parts of the areas affected by the 2005 hearings board decision. On December 7, 2010 the County Council adopted Ordinance #2010-066 which keeps the interim moratorium in effect for six months. The moratorium applies only to the areas where the Planning Commission had recommended rezoning to R-10A or RR-10A, and to subdivisions proposing divisions of property into parcels smaller than 10 acres. The ordinances include maps showing the areas where the Planning Commission had recommended R-10A or RR-10A zoning.
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