Will Whatcom County Learn From Bellingham in Land Clearing Debate?

John Watts has served for three years as chair of the Bellingham City Council’s Lake Whatcom Watershed Committee. In this capacity, he also chaired the Citizens’ Task Force, which was established to review methods by which the Silver Beach Ordinance could be changed to add flexibility and fairness to this measure, without sacrificing its intended effectiveness.

Recent considerations and actions by the Whatcom County Council have centered on various methods to more effectively protect the Lake Whatcom Reservoir. The emphasis has rightly focused on the relatively simple, more effective and less costly methods that are called ‘non-structural’ Best Management Practices or BMPs.

These include such widely accepted techniques as density reduction, land-use restrictions, impervious surface limits and seasonal limits on earthwork and clearing. These four methods are the same ones the city of Bellingham used in its Silver Beach Ordinance—which the City Council passed in early 2000 as an emergency measure—in response to the 303 (d) listing of the lake as an impaired water body by the Department of Ecology.

Predictably, as also happened in the city, opposition to these measures has been generated and the fires of controversy have been lit in a concerted effort to thwart or slow progress toward the county’s critical objectives. This phenomenon of ‘opposition’ has always been a reality of our system of government. It is a part of the public process that all elected officials deal with regularly—especially when meaningful changes are proposed. (See article, “County Council Steps Back on Lake Protection” on page 3.)

The County Council, in even considering these beneficial actions for reservoir protection, is itself also responding to the momentum of public opinion and pressure, combined with ever-mounting scientific evidence, which demand attention to Lake Whatcom Reservoir. Most people are simply ready to see positive actions happen to institute the long-term safeguards necessary for this reservoir. Controversy just comes with the territory.

A major difference does exist in the circumstances the county faces today. This difference is that a strong expectation for change—firmly rooted in public awareness of the need to actively work to preserve our water resource—has been developed in our community. This public expectation must be honored in the fairest and most effective way possible.

Time is of essence in facing this difficult task, and it will certainly require all the hard work, skill, perseverance and political will that can be mustered to succeed fully in putting real teeth in the noble goals that were adopted in 1992. This inability to overcome inertia has been—and remains—a serious impediment to progress. But, in a real sense, this situation is not very different from what we all experience in life concerning our own human health.

For example, we know what we ought to eat and do, but often we just can’t seem to break our old, unhealthy habits—which are also cumulative in their impacts on our bodies. The ‘pleasure or pain’ principle usually determines whether instant gratification or longer-term good health is more important to us.

It might be helpful, to review a little recent history here, particularly the process the city of Bellingham used to adopt, and refine, its Silver Beach Ordinance. Now called Bellingham Municipal Code; Chapter16.80—Lake Whatcom Reservoir Regulatory Chapter, this measure is similar in intent (and controversy) to the seasonal construction limits and related actions the County Council is currently considering. To accomplish this purpose (reviewing recent history), excerpts of information are presented here that are taken directly from the documents used or derived from this public process.

The city’s Silver Beach Ordinance (the ordinance) had four clear purposes:

•To protect, preserve and enhance the overall water quality of the Lake Whatcom Reservoir and its tributaries.

•To implement land use controls that will emphasize the prevention of water quality impacts over treatment strategies.

•To protect the public health, safety and welfare and ensure a long-term, sustainable drinking water source for the community.

•To provide for a fair, predictable and consistent application of land use regulation that will also recognize the rights of private property owners and Lake Whatcom watershed residents.

In its public notice for applicants to the Silver Beach Ordinance Citizens’ Task Force, the city of Bellingham advertised the following:

Within the context of adopted policy, namely, the city of Bellingham staff report (1/18/2000) summarizing applicable Comprehensive Plan Goals and Policies; the Lake Whatcom Reservoir Management Program for 2000; and the Silver Beach Ordinance and, using the ordinance as a starting point, identify and recommend regulatory approaches to protecting and enhancing water quality in the Lake Whatcom Reservoir that:

a. Emphasize protection over treatment

b. Have measurable and verifiable effects on improving water quality

c. Are supported by scientific evidence and “best management practices”

d. Recognize the rights of owners to make reasonable use of their property

e. Encourage/provide incentives for innovative approaches to maintaining and improving lake water quality

f. Can be implemented this year (2000)

In achieving the above, the task force will:

•Focus on land-use controls (e.g. uses, density, lot coverage, vegetation management, land disturbance regulations including building season, etc.), and

•Explicitly defer stormwater discussions to the Lake Whatcom Reservoir Watershed Management work program.

The Citizens’ Task Force, once appointed by the Mayor of Bellingham, set for itself the ambitious goal of completing its work in eight meetings, scheduled from May through August. Though the group dedicated itself to accomplishing this schedule, two additional meetings were required—first to review the tallied results of a 53-category survey and agree on the group’s recommendations and, second, to review the resulting revised ordinance that was produced.

After receipt of the revised ordinance containing the task force recommendations, the city’s Planning Commission held public hearings and also recommended a few changes, the most significant being that the ordinance be extended to the watershed outside the city on an advisory basis. City Council then considered the final revised ordinance recommended by the Planning Commission and passed it—unanimously.

All parties agreed that a better product resulted from this process. Not only were additional degrees of fairness and flexibility introduced, but the ordinance’s effectiveness was significantly enhanced. The city’s watershed land acquisition ordinance was conceived and introduced in the midst of this process, and its provisions were both stimulated and facilitated by some of the important ideas and features that were discussed and implemented in the final Silver Beach Ordinance.

Seasonal construction limits on grading and earthwork is a critically important element to consider where watershed protection is concerned. The city’s Silver Beach ordinance, which contains these provisions, was itself initiated and adopted as a direct and immediate management response to the DOE’s listing of Lake Whatcom Reservoir as an impaired water body in early 2000.

Based on the best available science, a four-month construction season [meaning clearing and earthwork], comprising the months of June, July, August and September, would be ideal for the Lake Whatcom watershed. A five-month season was initially instituted in the city’s Silver Beach ordinance for the first year it was in effect, with the intention that this would be reduced to four months for following years, after builders had time to become adjusted to the new regulations.

If a fifth month is required for clearing and earthwork, the preferred choice is October rather than May because runoff during October has generally fewer nutrients and could be flushed more quickly from the lake by the heavy rains that usually follow. Alternately, making the season from May 15 until October 15 was considered. The task force had a split opinion on this subject with most favoring retaining the five-month limit that was set for the first year. This was considered a reasonable solution and remains the law in the city of Bellingham.

Whatcom County’s situation is substantially similar to the city’s in considering this issue. One main difference is the relatively larger potential for disturbing natural vegetation to facilitate relatively fewer homes. A related concern is that once new roads, utilities, and services are extended into undeveloped watershed areas, this will encourage still more inappropriate growth there.

It would be very helpful if the county can stay the course they are presently pursuing and see the necessary changes fully implemented. Not only will this help to resolve some current controversy, but it will also prevent much larger and more serious problems from happening in the future.

One hopes the County Council won’t need to completely reinvent the wheel in its deliberations, but that it will be guided by both the good science that is already known and those public process methods that have been most effective. That is the type of history the County Council should repeat, not the kind that is dominated by expediency, denial by special interests, and the ‘business as usual’ attitude that has prevailed way too long.

The Lake Whatcom Reservoir is faced with serious potential problems, some of which are already beginning to be manifested. It is the County Council’s duty not only to tackle the prevention of these future problems, but also to develop a sensible and comprehensive approach, listen to the public, care about their concerns, and meaningfully involve citizens in the process. Let’s get this important job done without further delay. The public is strongly behind the county in its efforts to effectively resolve this thorny problem. The public good would most certainly be served if this County Council can create a positive legacy on this issue!