HomeMy WebLinkAboutord1990-058' WHATCOM COUNTY COUNCIL AGENDA BILL NO. 90 -156
Llj� j� (�jj D q1 9s- Council /Intro
originator- u
Division Head - (o �rrronv P &D /Council
Department Head - Q AN 19 1990
Prosecutor Review
Purchasing/Budget Mr.- WHATCOM COUNTY '
Executive- COUNCIL
SUBJECT: FILE NO: 18 -9O:DS AN ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
DEVELOPMENT STANDARDS RELATING -TO INTERIM SEDIMENTATION AND EROSION CONTROLS FOR
CLEARING OF NON- FORESTED LANDS IN THE LAKE WHATCOM AND SAMISH RIVER WATERSHEDS
AND OTHER CRITICAL WATERSHEDS IN WHATCOM COUNTY
ATTACHMENTS: Agency Report ' )
Staff Report
Draft Ordinance
Exhibit "A"
Public Hearing Needed? Yes / / No / /
SUMMARY STATEMENT: Based upon input from the Lake Whatcom Watershed Advisory Committee and
other interested parties, an ordinance requesting that amendments be made to the Whatcom
County Development Standards relating to interim Sedimentation and Erosion Controls for
clearing of non - forested lands in the Lake Whatcom and Samish River Watersheds and other
critical watersheds in the County was introduced at the Whatcom County Council's Planning
and Development Committee's June meeting. Although considered an interim measure, it was
determined that this was a land use control that needed to go through the Planning
Commission. Therefore a staff report was prepared by the Planning Department for
presentation at the June 12, 1990 Planning Commission hearing.
RECOMMENDED ACTION: The Staff recommends the Council uphold the Planning Commission
recommendation and move to approve the interim ordinance.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
71QS- -�o `{L �
:dYx .
6 -26 -90 Ordinance adopted 7 -0
Related File Numbers: 451;�- Ordinance or Resolution Number: 0 90-58
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FILE,REF: EROS -SED INTRODUCED BY: Consent
PROPOSED BY: LAIDLAW/INHOFF
DATE: 4 -24-
ORDINANCE NO. 90 -58
AN ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
DEVELOPMENT STANDARDS RELATING TO INTERIM EROSION AND SEDIMENTATION
CONTROLS FOR LAKE WHATCOM WATERSHED, SAMISH RIVER WATERSHED, AND OTHER
CRITICAL SURFACE WATERSHEDS OF WHATCOM COUNTY
WHEREAS, based upon input from the Lake Whatcom Watershed Advisory Committee and
other interested parties, it was requested that amendments be made . to the Whatcom
County Development Standards relating to land erosion and sedimentation controls in
the Lake Whatcom and Samish River Watersheds as well as other critical Watersheds in
the County; and
WHEREAS, although the proposal was considered interim, it was determined that
it was a land use control that needed to go through the Planning Commission with a
Staff Report prepared by the Whatcom County Planning Department; and
WHEREAS, pursuant to RCW 98.58.120 and Council directive, legal notice was
published in the Westside Record Journal and Lynden Tribune on May 30, 1990 and in
the Bellingham Herald on June 2, 1990; and
WHEREAS, a Determination of Non - significance was issued by the Deputy SEPA
Official on June 18, 1990; and
WHEREAS;. the City of Bellingham has passed Ordinance No. 10023 on January 1990,
which requires a permit for "All land - disturbing projects" within the City located
in watersheds that discharge into Lake Whatcom; and
WHEREAS, Whatcom County has drainage and land alteration regulations found in
Division 3 of the Whatcom County Development Standards but they do not become
effective until an application for a development permit has been made; and
WHEREAS, Whatcom County has accepted the findings of the WHATCOM COUNTY WATERSHED
RANKING FINAL REPORT dated January, 1989; and
WHEREAS, the current Whatcom County Development Standards do not apply to
development coverage where the permit relates to under 5,000 square feet; and
WHEREAS, Whatcom County SEPA regulations exempt up to four residential dwelling
units; up to 4,000 square feet of development for offices, schools, recreation and
service or storage buildings; and, up to 100 cubic yards of landfill or excavation
in the Lake Whatcom.Watershed, the 100 year floodplain, and within the jurisdiction
of the Shoreline Management Program; and
WHEREAS, Whatcom County SEPA regulations exempt up to 20 residential dwelling
units; up to 12,000 square feet of development for offices, schools, recreation and
service or storage buildings; and, up to 500 cubic yards of landfill or excavation
in areas outside the Lake Whatcom Watershed, the 100 year floodplain, and within the
jurisdiction of the Shoreline Management Program; and
WHEREAS, a substantial amount of clearing and land alteration in the urbanizing
areas of Whatcom County; and
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FILE REF: 18 -90:DS
Pi` % 2
WHEREAS, the County is receiving an increasing number of complaints relating to
erosion and sedimentation and is encountering an increasing number of incidents in
which self regulation is not taking place and off -sit impacts are occurring; and
WHEREAS, Whatcom County has amended the Whatcom County Development Standards
relating to land clearing of forest land for a non - forestry use by passage of
Ordinance #90 -24 which responds to these problems by regulating the clearing of
forested land; and
WHEREAS, the proposed ordinance will fill a remaining regulatory vacuum that
exists at the formative stages of development in Whatcom County when clearing takes
place on non - forested land and address interim water quality control relating to the
Lake Whatcom Watershed, the Samish River Watershed, and other critical surface
watersheds; and
WHEREAS, Whatcom County intends. to revise and update the current edition of the
Whatcom County Development Standards passed on November 15, 1984 as shown in Exhibit
"A "• and
WHEREAS, the Planning Commission held a public hearing on this matter on June
12, 1990, and heard all public testimony and after due deliberation made the
determination to accept the staff proposal and amendments to the Whatcom County
Development Standards with the changes and modifications made by the Commission to
read as set forth in Exhibit "A" which is attached.
NOW THEREFORE BE IT ORDAINED by. the Whatcom County Council as follows:
1. The Whatcom County Development Standards are hereby amended as set forth in
Exhibit "A" which is attached hereto and incorporated herein by reference.
2. The Council finds the public health, safety and general welfare are promoted by
this change.
3. The Council adopts the following findings and conclusions developed by the staff
and the Planning Commission:
FINDINGS
A. The proposed interim Erosion and Sedimentation Control Ordinance would
address clearing in non - forested areas within critical watershed boundaries
that are.not covered by the Clearing Ordinance ( #90 =24).
B. Whatcom County has drainage and land alteration regulations found in
Division 3 of the Whatcom County Development Standards but they do not
become effective until an application for a development permit has been
made with the exception of the regulations pertaining to the clearing of
forested land.
C. The County is receiving an increasing number of complaints relating to
erosion and sedimentation and is encountering an increasing number . of
incidents in which self regulation is not taking place and off -site impacts
are occurring.
D. Whatcom County SEPA regulations exempt some development from SEPA
regulations within and outside the Lake Whatcom Watershed.
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FILE,REF: -18-90. DS
Pac
E. To avoid an undue administrative burden and possibly an unnecessary
regulatory climate, the regulations are being proposed for only the most
critical watersheds in the County where the potential for degradation of
water quality is the greatest.
F. The regulations are considered to be interim until a detailed review of
the Whatcom County Development Standards can be completed, at which time
they may be superseded by other regulations which may be more or less
restrictive or have broader applicability.
CONCLUSIONS
The addition of clearing regulations relating to non - forested lands in critical
watershed areas will fill a remaining regulatory vacuum that exists in the County.
As the County increases in population., clearing of non - forested lands for development
will increase. The implementation of these interim controls will help mitigate the
impacts on- and off -site resulting from clearing of non - forested lands in critical
watersheds.
4. Adjudication of invalidity of any of the sections, clauses, or provisions of this
Ordinance shall not affect or impair the validity of the Ordinance as a whole
or any part thereof other than the part so declared to be invalid._
PASSED this 26th day of June 1990.
WHATCOM COUNTY _ CIL
,,--Q_H000M COUNTY,LW HIN
'13onald G. PfisPy, Chairpersopo"
ATTEST: (✓f APPROVED ( ) VETOED
/��' lam/
Clerk of the Council
APPROVED AS TO FORM:
Robert A. Carmichael, .
Civil Deputy Prosecuting Attorney
�L. L 06...r ZL
Shirley Van Za ten, C ty Executive
Date (v' 27' S°
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June 7, 1990 Exhibit A
File Ref: #18 -90:D5 Ordinance # 90-
EXHIBIT A
PROPOSED AMENDMENTS TO WHATCOM COUNTY DEVELOPMENT STANDARDS
ADOPTING INTERIM EROSION AND SEDIMENTATION CONTROLS FOR THE LAKE
WHATCOM WATERSHED, SAMISH RIVER WATERSHED, AND OTHER
CRITICAL WATERSHEDS OF WHATCOM COUNTY-
Amend the Whatcom County Development Standards section 1.002 to add number 12
and have it read:
12. Erosion and sedimentation relating to Lake Whatcom Watershed, Samish River
Watershed, and other critical watersheds.
Amend the Whatcom County Development Standards section 1.011 and have it read
as follows:
1.011 Fees
A clearing permit fee relating to section 3.101 or 3.102 shall be required
at the time that application for the permit is requested. The fee shall
be fifty ($50) dollars for land clearing up to five acres. An additional
ten ($10) dollar fee shall be imposed upon the applicant for each
additional acre up to a maximum of $500.00.
Amend the Whatcom County Development Standards section 3.102 to read :
3.102 Erosion and sedimentation relating to Lake Whatcom Watershed, Samish River
Watershed, and other critical watersheds.
A. Land disturbing projects taking place within the Lake Whatcom Watershed,
Samish River Watershed, and other critical watershed shall be required to
obtain a permit to conduct such activity. An application for this permit
shall include:
1. Temporary Erosion Sedimentation Control methods in accordance with
Whatcom County Development Standards, section 3.300 inclusive. These
facilities must be satisfactorily maintained until the clearing
and /or construction is completed, permanent drainage facilities are
operational, and the potential for on -site erosion has passed.
2. A Preliminary Drainage Study as required in section 3.001 of the
Whatcom County Development Standards when applicable.
B. If the Temporary Erosion and Sedimentation Control methods are found to
be inadequate in the field, the applicant is responsible for installation
of additional measures to control erosion and sedimentation.
June 7, 1990 Z Exhibit A
File Ref: #18 -90:D5 Ordinance # 90-
It shall be the obligation and responsibility of the persons required to
provide such temporary erosion- sedimentation control facilities to maintain
them in a satisfactory condition and remove them when no longer needed
(3.602).
C. Normal agricultural activity as defined in Title 20 chapter 20.97.010 is
exempt.
D. The applicant may be required to post a performance bond or other monetary
security as provided in Division 3.101 of the Whatcom County Development
.Standards.
E. Violation of these provisions shall subject the applicant to penalties
under section 3.101 E. of the Whatcom County Development Standards.
F. These regulations shall not supersede the provisions of Section 3.101 of
the Whatcom County Development Standards nor shall. supersede UBC chapter
70 sections 15.04.160, .170; .180, and 15.05.190 but shall supersede other
Whatcom County regulations which conflict with this Ordinance until such
time-that revision to the Whatcom County Development Standards takes place.
G. . Definitions:
1. Critical Watersheds:
(a)
Lake-Whatcom
(b)
Samish River
(c)
Drayton Harbor
(d)
Squalicum Creek
(e)
Lower Nooksack
(f)
Fishtrap /Bertrand
(g)
Birch Bay /Terrell Creek
(h)
Kamm.Creek
(i)
Ten Mile Creek
(j)
Silver Creek.
2. "Land- disturbing project" is defined as any clearing, grading,
filling, or construction requiring .machinery on a parcel of any size.
Existing numbering and contents shall be renumbered as follows:
3.103 Relationship with Drainage Submittal
(existing contents)
3.104 Other Land Alteration Actions
(existing contents)
lid
C. Permanent storm water Quality facilities.
1. Permanent storm water quality facilities shall be required for
(a) all developments adding 25,000 square feet of impervious surface, (b)
all subdivisions or short plats creating five or more lots, and (c)
residential developments of five or more units.
2. Plans for permanent storm water quality facilities shall be
submitted to the Public Works Department for approval and shall conform to
materials and performance standards of that Department.
DOther approvals. Plans shall be submitted and approved and the permit
herein issued prior to obtaining building permits or plat approvals. The
requirements herein are in addition to any other requirements of the City
applicable to the proposed activity.
E.) Definition. "Land- disturbing project" is defined as any clearing,
grading, filling or construction requiring machinery on a parcel of any
size.
i
Section 2: Bellingham Municipal Lode section 15.40.170 is hereby amended
as follows:
15.40.170 Nuisances declared -- Abatement.
A. The following are declared to be nuisances:
1. Any drainage facility which is the responsibility of the owner
or occupant of a premises, or any other person, which is not
maintained in accordance with good and acceptable engineering
practice;
2. Drain -age improvements of any kind which are constructed
contrary to requirements of the department of public works, if
plans for the construction have been submitted to that
department for approval for-any reason;
3. Any condition in any drainage facility which constitutes an
unsanitary, dangerous, or other condition which in the
wtrql , 2
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham. Washington 98225
Telephone (206) 676-6903
LAKE WHATCOM WATERSHED COMMITTEE
December 12, 1989
4:00 PM, Library Lecture Room
Chairman Robert Moore called the meeting to order at 4:15 PM, with the
following committee members present:
Health Board Adv Comm: Robert Moore City Council: Betty Kiner
County Council: Emily Jackson (Alternate) Louise Bjornson
Tip Johnson
Water District #10 representative Bonnie Strode, City Councilmember Foster
Rose, and County Councilmembers Mary Vanderpol and Will Roehl were absent.
ArFNnA
I. Minutes of November 14, 1989
Moved by Kiner, seconded by Bjornson, that the subject minutes be approved as
distributed. Motion carried. Johnson and Moore abstained.
II. Workshop: Discussion with home - building industry about development
standards
Art Castle, Executive Vice President of Building Industry Association, was
present. No one attended representing the Association of Realtors.
Jack Garner, Director of Public Works for the City of Bellingham, spoke
briefly on treatment of stormwater runoff in the Lake Whatcom watershed. Two
levels of treatment he described were temporary, during construction, and
permanent, during the life of the facility, building or development. The
staffs of City and County government have worked together to develop standards
for this treatment. Discussion ensued among committee members. It was the
purpose of the committee to invite the building community to comment on these
proposed standards before they are voted into law by the city and county
councils. Art Castle stated he was not aware this meeting was a forum, and
there were no other members of. the Building Industry Association in attendance.
At this juncture, the meeting was opened up to the public for continued
discussion in place of the open session portion of the agenda.
1. Elaine McRory asked about length of swales for retention ponds in
development sites. Garner replied that the city and county have talked
about adopting the King County standards.
2. Marge Laidlaw, following up on the previous question, asked for detail
on maintenance of settled -out material. Garner replied that certain
standards will be set out regarding maintenance, inspection and
enforcement.
3. Art Castle reported that the City has been working closely with the
Building Industry Association toward developing a palatable and
enforceable ordinance. The city ordinance will be finalized in early
January, 1990.
judgment of the director of public works constitutes an
immediate hazard.
4. Failure to obtain any permit required by this Chapter or.
failure to comply with the terms of any such permit or
approved plan.
B. [No change]
PASSED by the Council this 8th day of
January
Council President
APPROVED by me this (Z7 day of 1990.
IZJ +
Mayor
ATTE
F'nance Director
APPROV D AS TO RM:
V ,
v
Office of the—City Att ney
Published:
wtrql - 3
, 1990.
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (206) 676 -6903
LAKE WHATCOM WATERSHED COMMITTEE
Tuesday, December 12, 1989
Minutes - Page 2
After further discussion, it was moved by Kiner, seconded by Bjornson, that
this committee recommend to the Bellingham City Council to adopt for third and
final the legislation regarding g g qual.ity� control_= �measures�1n °the- -Lake `Whatcom
watershed =and= recommend _:to ,the_County=Counci -1 -to ' proceed without delay .to
adopt similar legislation tailored to their needs, ,including - tuch_-fee
structure_Fas - deemed --appropriate.- Motion carried. Jackson will carry this-
moti on °forward -to =the ::County _C_ounci 1.
Kiner then commended the spirit of cooperation expressed by Art Castle and the
building community.
III. Agenda for January 9 meeting
There will be a progress report on City's education program funded by the
grant. Dr. Frank James will be asked to speak regarding regulations
enforcement and pesticide /herbicide applications in the watershed. There
will be an update on the grant and on the Watershed Coordinator position to be
created and filled in the Health Department.
There was no further business before the committee and the meeting adjourned .
at approximately 5:15 PM.
ROBERT MOORE, Chairman
ATTEST:
ELLIE RICHARDS
City Council Secretary
Agency Report
WHATCOM COUNTY PLANNING AGENCY REPORT
FILE #09 -90:DS
June 12, 1990
IN THE MATTER OF ADOPTING AMENDMENTS TO THE )
WHATCOM COUNTY DEVELOPMENT STANDARDS RELATING TO ) FINDINGS, REASONS
INTERIM EROSION AND SEDIMENTATION CONTROLS FOR ) AND MOTION
THE LAKE WHATCOM AND SAMISH RIVER WATERSHEDS )
AND OTHER CRITICAL WATERSHEDS IN WHATCOM COUNTY )
WHEREAS, based upon input from the Lake Whatcom Watershed Advisory
Committee and other interested parties, it was requested that amendments be made
to the Whatcom County Development Standards relating to erosion and sedimentation
controls for clearing of non - forested lands in the Lake Whatcom and Samish River
Watersheds and other critical watersheds; and
WHEREAS, although the proposal is considered interim, it was determined
that it was a land use control that needed to go through the Planning Commission;
and
WHEREAS, the Whatcom County Planning Department prepared a Staff report
on the proposal; and
WHEREAS, pursuant to RCW 36.70.590 and Council directive, legal notice was
published in the Westside Record Journal and the Lynden Tribune on Wednesday,
May 30, 1990 and in the Bellingham Herald on Saturday, June 2, 1990; and
WHEREAS, a Determination of Non - significance was issued on June 18, 1990
by the Deputy SEPA Official; and
WHEREAS, the Planning Commission held a public hearing on the proposal on
June 12; 1990 and heard all testimony on the issues and after due deliberation
made a determination that the request be approved;
NOW THEREFORE BE IT RESOLVED:
FINDINGS OF FACT AND REASON FOR ACTION
1. A quorum of commission members was present during the hearing and
subsequent discussion.
2. Statutory requirements were met regarding legal notice and SEPA review.
3. The Planning Commission concurred with the findings and conclusions as
developed by staff and added additional findings.
4. The Planning Commission unanimously voted to recommend the passage of the
proposed amendment to the Whatcom County Development Standards with the
changes and modifications made by the Commission to read as set forth in
Exhibit "A" which is attached hereto and incorporated herein by reference.
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Agency Report
FILE #09 -90:DS
June 12, 1990
The Chairperson and Secretary are hereby directed to place. their signatures on
this document and transmit same, together with the staff report to the County
Council.
Attachments: Staff Report
Draft Ordinance
Exhibit "A"
2
WHATCOM COUNTY PLANNING COMMISSION
Emil Baijot, Chairperson
lJ
Daniel W. Taylo Secretary
/a-�
June 7, 1990
File Ref: #18 -90:DS
EXHIBIT A
Exhibit A
Ordinance # 90-
PROPOSED AMENDMENTS TO WHATCOM COUNTY DEVELOPMENT STANDARDS
ADOPTING INTERIM EROSION AND SEDIMENTATION CONTROLS FOR THE LAKE
WHATCOM WATERSHED, SAMISH RIVER WATERSHED, AND OTHER
CRITICAL WATERSHEDS OF WHATCOM COUNTY*
Amend the Whatcom County Development Standards section 1.002 to add number 12
and have it read:
12. Erosion and sedimentation relating to Lake Whatcom Watershed, Samish River
Watershed, and other critical watersheds.
Amend the Whatcom County Development Standards section 1.011 and have it read
as follows:
1.011 Fees
A clearing permit fee relating to section 3.101 or 3.102 shall be required
at the time that application for the permit is requested. The fee shall
be fifty ($50) dollars for land clearing up to five acres. An additional
ten ($10) dollar fee shall be imposed upon the applicant for each
additional acre up to a maximum of $500.00.
Amend the Whatcom County Development Standards section 3.102 to read :
3.102 Erosion and sedimentation relating to Lake Whatcom Watershed, Samish River
Watershed, and other critical watersheds.
A. Land disturbing projects taking place within the Lake Whatcom Watershed,
Samish River Watershed, and other critical watershed shall be required to
obtain a permit to conduct such activity. An application for this permit
shall include:
1. . Temporary Erosion Sedimentation Control methods in accordance with
Whatcom County Development Standards, section 3.300 inclusive. These
facilities must be satisfactorily maintained until the clearing
and /or construction is completed, permanent drainage facilities are
operational, and the potential for on -site erosion has passed.
2. A Preliminary Drainage Study as required in section 3.001 of the
Whatcom County Development Standards when applicable.
B. If the Temporary Erosion and Sedimentation Control methods are found to
be inadequate in the field, the applicant is responsible for installation
of additional measures to control erosion and sedimentation.
)()'Y
June 7, 1990. Exhibit A
File Ref: #18 -90:DS Ordinance # 90-
It shall be the obligation and responsibility of the persons required to
provide such temporary erosion - sedimentation control facilities to maintain
them in a satisfactory condition and remove them when no longer needed
(3.602).
C. Normal agricultural activity as defined in Title 20 chapter 20.97.0103
exGluding ar;essery and conditional user. as defined under rhapter 20 40 1Gf1
of the Wha+rnm County 7nninq Ordinance is exempt.
D. The applicant may be required to post a performance bond or other monetary
security as provided in Division 3.101 of the Whatcom County Development
Standards.
E. Violation of these provisions shall subject the applicant to penalties
under section 3.101 E. of the Whatcom County Development Standards.
F. These regulations shall not supersede the provisions of Section 3.101 of
the Whatcom County Development Standards nor shall supersede UBC chapter
70 sections 15.04.160, .170, .180, and 15.05.190 but shall supersede other
Whatcom County regulations which conflict with this Ordinance until such
time that revision to the Whatcom County Development Standards takes place.
G. Definitions:
1. Critical Watersheds:
.(a)
Lake Whatcom
(b)
Samish River
(c)
Drayton Harbor
(d)
Squalicum Creek
(e)
Lower Nooksack
(f)
Fishtrap /Bertrand
(g)
Birch Bay /Terrell Creek
Jhl
Kamm Creek
Ten Mile Creek
LU
Silver Creek.
2. "Land- disturbing project" is defined as any clearing, grading,
filling, or construction requiring machinery on a parcel of any size.
Existing numbering and contents shall be renumbered as follows:
3.103 Relationship with Drainage Submittal
(existing contents)
3.104 Other Land Alteration Actions
(existing contents)
/09
June 7, 1990
Staff Report File Ref #18 -90:DS
WHATCOM COUNTY PLANNING DEPARTMENT
STAFF REPORT
APPLICANT: WHATCOM COUNTY PLANNING DEPARTMENT
REQUEST
The request is to adopt the attached interim erosion and .sedimentation controls ( Exhibit "A ") for the Lake
Whatcom and Samish River Watersheds and other critical surface watersheds in Whatcom County and
incorporate them into the present Whatcom County Development Standards. "this will require the
amendment of the Whatcom County Development Standards in the following sections: 1) Section 1.002,
adding number 12.; 2) Add Section 1.011 discussing fees; and 3) Amend Section 3.102 to address erosion
and sedimentation controls. The adoption and implementation of these regulations would require a permit
for clearing those areas within critical watershed boundaries that are not in a forestry use and do not fall
under the jurisdiction of the clearing permit in accordance with the regulations in Exhibit "A" attached.
STATUTORY REQUIREMENTS
Pursuant to RCW 36.70.590 and Council directive, legal notice was published in the Westside Record
Journal and Lynden Tribune on Wednesday, May 30, 1990, and in the Bellingham Herald on Saturday, June
2, 1990. A SEPA threshold decision will be made prior to Council action.
REGULATORY EFFECTS OF THE. REQUEST
The proposed erosion and sedimentation regulations would fill the void that currently exists in the Clearing
Ordinance and SEPA regulations while the- Whatcom County Development Standards are under review. The
clearing permit process.only relates to forested lands that are viably timbered but does not address those
non - forested areas of the County being cleared that are within critical watershed boundaries. When
incorporated into the present Whatcom County Development Standards, the regulations will require
compliance with the Temporary Erosion Sedimentation Control Methods in accordance with section 3.300
with special attention being paid to those watersheds deemed critical. Prior to development, these
regulations will require a commitment on the part of the developer to conform to Whatcom County
Development Standards prior to conducting any activity on site, a commitment that has not been required
in the past. These regulations will require a permit for those areas not covered by the Clearing Ordinance
that lie within the critical designated watersheds.
BACKGROUND
Implementation of the Clearing Ordinance was in response to the increasing amount of development and
conversion of forest land in the County, especially in the Lake Whatcom area. Under a sustainable yield
scenario using best forest practices (reforestation), Class I, II, and III forest practices impact natural
ecosystems and a community less than does conversion of land to another use (Class IV forest practices).
Critical to this assumption is the understanding that most logging is done in designated Forestry zoning
districts, is relatively isolated from various forms of development, and is re- vegetated and consequently
stabilizes within a few years. In such cases the Washington State Forest Practice Rules and Regulations
provide adequate standards to minimize the impacts of this type of land use and the Department of Natural
Resources (DNR) does a good job of regulating these standards.
However, in areas of urban encroachment, where the land is intended to be converted to a use other than
"normal rotation of forestry crops" these standards in many cases are not adequate and DNR frequently does
not have the resources to adequately enforce them. It was this problem that lead the County to develop
the Clearing Ordinance ( #90 -24) in. 1990. However, this still left the regulatory gap for non - forested areas.
The County meanwhile has launched a full review of the Development Standards, the impetus from this
stemming from the Lake Whatcom Watershed where there is the most focus on drainage problems. The
interim ordinance provides a stop gap measure in the most critical watersheds until the review is complete.
//0
June 7, 1990
Staff Report File Ref #18 -90:DS
ANALYSIS AND EVALUATION
Conversion of forested land to land that is suitable for development requires two separate activities; logging
and clearing of land. Typically, with respect to forested lands these two activities have taken place either
during or prior to the application of development permits associated with construction. This essentially
means that a substantial amount of clearing and land alteration in the urbanizing areas of Whatcom County
are occurring with no mechanism in place to minimize off-site impacts and to insure proper erosion -
sedimentation control during the formative stages of development when it is most needed. Adoption of the
Clearing Ordinance amended the Whatcom County Development Standards in order to more closely monitor
these conversions.
However, the Clearing Ordinance did not address the possible impacts to the community and environment
due to land clearing in non - forested areas. These include: increased off-site sedimentation and erosion;
increased surface water movement; surface water contamination; changes in ground water quantity and
quality; air quality degradation; noise, visual impacts, sensitive area degradation; and increased potential
danger from slides or slumps. The County does have drainage and land alteration regulation found in the
Whatcom County Development Standards but they do not become effective until an application for a
development permit has been made. Self regulation was not taking place and the County was receiving an
increasing amount of complaints. Implementation of the proposed interim Sedimentation and Erosion
Controls Ordinance would require the applicant to obtain a permit prior to any site clearing and be
responsible for installation and maintenance of adequate erosion and sedimentation controls in accordance
with the amended Whatcom County Development Standards.
The proposed ordinance would apply to those critical watersheds in Whatcom County where the potential
for water quality degradation from development is the greatest. The five critical watersheds as ranked by
the Whatcom County Watershed Ranking Committee (Drayton Harbor, Whatcom Creek, Lower Nooksack,
Bertrand /Fishtrap, and Birch Bay/Terrell Creek) as well as the Lake Whatcom and Samish River Watersheds.
A watershed is defined as "a geographical region within which water drains into a particular river, stream,
or body.of water". The criteria used to rank the 26 western Whatcom County Watersheds included: 1) The
beneficial uses of the watershed such as recreational, commercial, or drinking water that are threatened by
pollution; 2) the likelihood of intensified uses in the watershed; 3) environmental factors such as soils and
slope; 4) the watershed produces more contaminants or causes greater harm to a beneficial use than other
watersheds; and 5) non -point pollution control programs in the watershed are likely to succeed in protecting
water quality in Puget Sound. Also considered were political factors such as community interest, funding
sources, and those watersheds that may take the lead in applying for the Centennial Funds to develop and
implement a watershed plan. The final ranking list was as follows: 1) Drayton Harbor; 2) Squalicum Creek;
3) Lower Nooksack; 4) Bertrand /Fishtrap; and 5) Birch Bay/Terrell Creek. Even though the Committee
originally ranked Lake Whatcom in the top five, it was removed from the final ranking because a watershed
plan had already been written and implementation funds are available from the Department of Ecology
through a previous program. The proposed ordinance would include, along with the original top five, the
Lake Whatcom Watershed because of its importance and the increased development pressures in the area
as well as the Samish River watershed which includes Lake Samish, also confronted with the same pressures
as Lake Whatcom.
Whatcom County SEPA regulations exempt up to four residential dwelling units; up to 4,000 square feet of
development for offices, schools, recreation and service or storage buildings; and up to 100 cubic yards of
landfill or excavation in the Lake Whatcom Watershed, the 100 year floodplain, and within the jurisdiction
of the Shoreline Management Program. For areas outside the Lake Whatcom Watershed, the 100 year
floodplain, and the Shoreline Management Program Boundaries up to 20 residential dwelling units; up to
12,000 square feet of development for offices, schools, recreation, and service or storage buildings; and up
to 500 cubic yards of landfill or excavation are exempt. Implementation, of the proposed interim
Sedimentation and Erosion Controls Ordinance would provide monitoring and control of development and
clearing that fall below the SEPA threshold and are therefore exempt from SEPA regulations.
2
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June 7, 1990
Staff Report File Ref #18 -90:DS
FINDINGS
1. The proposed interim Sedimentation and Erosion Control Ordinance would address conversions in
non - forested areas within critical watershed boundaries that are not covered by the Clearing
Ordinance ( #90 -24).
2. Whatcom County has drainage and land alteration regulations found in Division 3 of the Whatcom
County Development Standards but they do not become effective until an application for a
development permit has been made.
3. A substantial amount of clearing and land alteration in the urbanizing areas of Whatcom County
are currently taking place with little or no public review to insure proper erosion and sedimentation
control during the formative stages of development.
4. The County -is receiving an increasing number of complaints relating to erosion and sedimentation
.and is encountering an increasing number of incidents in which self regulation is not taking place
and off -site impacts are occurring.
5. Whatcom County SEPA regulations exempt some development from SEPA regulations within and
outside the Lake Whatcom Watershed Boundaries.
6. To avoid an undue administrative burden and possibly an unnecessary regulatory climate, the
regulations are being proposed for only the most critical watersheds in the County where the
potential for degradation of water quality is the greatest.
7. The regulations are considered to be interim until a detailed review of the Whatcom County
Development Standards can be completed, at which time they may be superseded by other
regulations which may be more or less restrictive or have broader applicability.
CONCLUSIONS
1. The proposal, if adopted, would fill'a regulatory vacuum that exists at the formative stages of
development in Whatcom County. As the County grows conversion of non - forested land as well as
forested lands for development will also increase, potentially creating on- and off -site impacts. This
Ordinance would create a monitoring system for those non - forested conversions.
2. If approved the sedimentation and erosion regulations proposed in Exhibit "A" will fill the gap left by
the recently adopted Clearing Ordinance in relation to non - forested land conversion.
RECOMMENDATIONS
Planning staff recommends Planning Commission approval of Exhibit "A ", as modified and shown in the
attached Agency Report.
3
02
ORDINANCE NO. 10023
AN ORDINANCE RELATING TO WATER QUALITY CONTROL MEASURES FOR THE LAKE
WHATCOM WATERSHED, ADDING A NEW SECTION TO CHAPTER 15.40 AND AMENDING
SECTION 15.40.170 OF THE BELLINGHAM MUNICIPAL CODE.
WHEREAS, Lake Whatcom is the source of drinking water as well as
recreational opportunities for the City of Bellingham; and
WHEREAS, water quality in the Lake Whatcom watershed is of major
concern to the City; and
WHEREAS, the Lake Whatcom Watershed Advisory Committee has
recommended the following regulations to both City and County governments,
NOW, THEREFORE, THE CITY OF BELLINGHAM DOES ORDAIN:
Section 1: A new section shall be added to Chapter 15.40 of the
Bellingham Municipal Code, to read as follows:
15.40.150. Lake Whatcom Water Quality Control Facilities.
A. Permit. All 1'and- disturbing projects within the City located in
watersheds_ that discharge into. Lake Whatcom shall obtain a permit therefor
from the Planning and Economic Development Department /Building Services
Division and shall install temporary and /or permanent facilities as.
required in said permit to protect the Lake from water quality degradation
as set forth below.
B. Erosion and sediment control. Prior to issuance of a permit. to perform
a land - disturbing project, an erosion and sediment control plan shall be
submitted to the Planning and.Economic Development Department /Building
Services Division for approval. The plan shall conform to materials and
performance standards of that Department and include measures to mitigate
short- and long -term erosion and sedimentation control and water quality
degradation of the Lake.
wtrql = 1
City of Bellingham
CITY ATTORNEY
210 Lottie Street
Bellingham, Washington 98225
Telephone (206) 676.6903