Summary
The Western Washington Growth Management Hearings Board (WWGMHB) has found Whatcom County Comprehensive Plan and development regulations out of compliance with the Washington Growth Management Act (GMA). The Board ordered the County to revise several Comprehensive Plan land use designations and several zoning classifications to adequately protect the character of the rural areas. Approximately 17,000 parcels, covering approximately 17,000 acres, are affected by the decision, being located within a zoning classification or land use designation that was found out of compliance. (See map of affected areas). The rest of the rural areas (lots zoned rural with 5 or 10 acre lot size) are not affected by this proposal and are not being considered for any rezoning or land use designation change.
A 2009 Washington State Supreme Court decision affirmed the Hearings Board's requirement that Whatcom County revise its comprehensive plan in accordance with the GMA's requirements for rural areas, but remanded to the Hearings Board the question of rural densities, instructing the Board to reconsider that issue without using a five-acre "bright line" to determing what densities are rural. The Hearings Board has set a compliance date of December 29, 2010 by which the County must adopt an ordinance to bring its comprehensive plan and zoning regulations into compliance with the GMA. The Board will hold a hearing in March 2011 to determine whether the County's revised standards are compliant with the GMA.
GMA authorizes (but does not require) counties to create “limited areas of more intensive rural development” (LAMIRDs) where uses and densities more intensive than those normally found in rural areas can be retained. On May 10, 2011 the Whatcom County Council adopted Comprehensive Plan amendments that would create 33 LAMIRDs. Areas meeting LAMIRD criteria would have a land use designation of Rural Center or Rural Business; the remainder of the affected areas would be designated as Rural or Agriculture. The Council also adopted changes to Whatcom County Code Title 20 (Zoning) to create new rural commercial and industrial zoning classifications that would reflect 1990 development intensity and replace more intensive zones that now exist. Also adopted are changes to other existing commercial and industrial zones existing only in rural areas, to reflect 1990 development intensity. Land within LAMIRDs – about 9,000 acres -- retain more intensive zoning. The remaining affected areas outside LAMIRDs were rezoned to a Rural or Rural Residential zone with a minimum lot size consistent with rural character.
Growth Managment Hearings Board Cases referencing LAMIRDs
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This page last updated May 11, 2011
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