HomeMy WebLinkAboutord2018-005WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2018 57 A
CLEARANCES
Initial
Date
Date Received in Council fffice
Agenda Date
Assigned to:
Originator
Cliff Strong
1/30/2018
1130/2018
Introduction
Special COTW
Division Head:
2/13/18
Dept Head:
2/13/18
Hearing
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT:
Interim ordinance repealing ord 2017 -057 (Hirst)
ATTACHMENTS:
Ordinance and exhibit
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( X )Fes ( ) NO I
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
2/13/2018
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action)
An interim interim ordinance repealing Ordinance No. 2017 -057 and adopting amendments to the Whatcom County Comprehensive Plan and the
Whatcom County Code Title 15 Buildings and Construction, Title 20 Zoning, Title 21 Land Division Regulations, and Title 24 Health Code, relating to
water resources and implementing ESSB 6091.
COMMITTEE ACTION:
COUNCIL ACTION.•
2/13/2018: Discussed
1/30/2018: Introduced 7 -0
2/13/2018: Adopted 6 -1, Donovan opposed Ord. 2018 -005
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Ord. 2018 -005
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at: www. co. whatcom. wa. us /council.
WHATCOM COUNTY
Planning & Development Services
5280 Northwest Drive'
Bellingham, WA 98226 -9097
360 - 778 -5900, TTY 800 - 833 -6384
360 - 778 -5901 Fax
Memorandum
TO:
The Honorable Jack Louws, Whatcom County Executive
The Honorable Whatcom County Council
FROM:
Mark Personius, Assistant Director
DATE:
February 1, 2018
SUBJECT:
Interim Water Resources Ordinance
J.E. "Sam" Ryan
Director
At your January 30th Council meeting where Emergency Ordinance 2018 -001 was adopted and
the proposed Interim Water Resources Ordinance was introduced, Council had questions as to
how "legal availability" of water is defined.
Under general water law principles, a person who proposes to use water for a certain purpose
must first obtain the right, or legal authority from the state, to do so. Remember that the
surface and ground waters of the state belong to the state, not private citizens. Even when
granted a right by the state to use such water, it implies only the right to use the water for a
beneficial purpose.
Legal availability of water for beneficial purposes (especially for permit exempt withdrawals
authorized under RCW 90.44.050) typically varies between counties and even within different
watersheds in the same county. Legal availability differs based on whether or not the
Department of Ecology has adopted instream flow rules affecting the legal use of surface and
ground waters in those individual river basins or Water Resource Inventory Areas (WRIAs);
whether or how state statutory amendments or court decisions may have altered the
interpretation of those rules; or whether or how counties choose to allow rainwater catchment
or other sources of potable water as authorized by the state (or interpreted by the courts) for
development purposes. Each instream flow rule is unique and may or may not apply unique
conditions to make water legally available for use in those specific geographic areas due to the
particular water resource circumstances in those basins.
Whatcom County is required by other state laws to document that every building and land use
permit necessitating potable water has an "adequate water supply" prior to approval.
Adequate water supply as defined by WCC 20.97.451 includes a three -part requirement: 1)
water quantity (i.e., the water source has enough physical water to meet state Department of
Health minimum requirements to supply a proposed use); 2) water quality (i.e., the proposed
withdrawal of water meets state safe drinking water quality standards); and 3) legal availability
(i.e., the applicant has legal authority to access and use the water source).
The determination of legal water availability in Whatcom County for development purposes
(where Whatcom County has to issue a permit for a use requiring an adequate water supply) is
1
defined in WCC 24.11.060(B). Staff has created the attached table to help the public better
understand under what conditions water is considered legally available to use pursuant to ESSB
6091 and Emergency Ordinance 2018 -001. Staff will use this table to help customers more
easily understand how they can legally obtain water.
We have also attached a revised Figure 24.11.060, in which we have changed the map symbols
to better visually distinguish between the different areas within the county subject to the
different legal availability standards contained in WCC 24.11.060.B.
Feel free to contact me at 778 -5950 if you have any questions.
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PROPOSED BY:
INTRODUCTION DATE: 1/30 /2018
ORDINANCE NO. 2018 -00 5
AN INTERIM ORDINANCE REPEALING ORDINANCE NO. 2017 -057 AND ADOPTING
AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND THE WHATCOM
COUNTY CODE TITLE 15 BUILDINGS AND CONSTRUCTION, TITLE 20 ZONING, TITLE 21 LAND
DIVISION REGULATIONS, AND TITLE 24 HEALTH CODE, RELATING TO WATER RESOURCES
WHEREAS, RCW 36.70A.070(1), requires that the land use element of a county
comprehensive plan "shall provide for protection of the quality and quantity of groundwater
used for public water supplies "; and,
WHEREAS, RCW 36.70A.070(5)(c)(iv) requires that the rural element of a county
comprehensive plan "shall include measures that apply to rural development and protect the
rural character of the area, as established by the County, by:... protecting critical areas ... and
surface water and groundwater resources "; and,
WHEREAS, RCW 19.27.097(1) requires that applicants for building permits of
buildings necessitating potable water provide evidence of an adequate water supply for the
intended use of the building; and,
WHEREAS, RCW 58.17.110(2) requires that "A proposed subdivision and dedication shall
not be approved unless the... county legislative body makes written findings that... appropriate
provisions are made for... potable water supplies... "; and,
WHEREAS, Whatcom County Code (WCC) Chapter 15.04 specifies information required
for a complete building permit application; and,
WHEREAS, WCC Chapter 20.97 provides definitions of terms used in the code; and
WHEREAS, WCC Chapters 21.04 and 21.05 contain requirements for water supply in
short subdivisions and long subdivisions, respectively; and,
WHEREAS, WCC Chapter 24.11 contains requirements for potable water; and,
WHEREAS, Whatcom County adopted Ordinance 2012 -032, amending its
Comprehensive Plan to adopt by reference existing development regulations regulating
groundwater withdrawals, adding Policy 2DD- 2.C.3.6, which adopts by reference WCC
21.04.090 and 21.05.080, and Policy 2DD- 2.C.3.7, which adopts by reference WCC 24.11.050
and 24.11.060; and,
WHEREAS, because Comprehensive Plan Policy 2DD- 2.C.3.6 adopts by reference WCC
21.04.090 and 21.05.080, and Policy 2DD- 2.C.3.7 adopts by reference WCC 24.11.050 and
24.11.060, any amendments to these WCC provisions are also amendments to the
Comprehensive Plan; and,
Page 1 of 4
WHEREAS, the Growth Management Hearings Board (Board) found the amended
Comprehensive Plan lacked the required measures to protect water resources (GMHB Case No.
12 -2- 0013); and,
WHEREAS, on October 6, 2016, the Washington State Supreme Court (Court), in
reversing a Court of Appeals decision, upheld the Board's decision that the County's
Comprehensive Plan does not satisfy the GMA requirements to protect water availability, and
stated, "We hold that the Board properly concluded that the GMA requires counties to make
determinations of water availability. "; and,
WHEREAS, the Court stated, "...the GMA places the burden on counties to protect
groundwater resources, and requires counties to assure that water is both factually and legally
available before issuing building permits. "; and,
WHEREAS, the Court stated, "...The county's policies incorporate WCC provisions that
do not allow water to be withdrawn from 'an area where [the Department of Ecology] has
determined by rule that water for development does not exist.' ...these ordinances further
provide that an application for a permit- exempt appropriation will be approved without any
analysis of that withdrawal's impact on instream flows. The Board found that these provisions
result in water withdrawals from closed basins and senior instream flows —flows that the
record indicated drop below the minimum levels 100 days out of the year. The Board properly
held that this conflicts with the requirement placed on counties to protect water availability
under the GMA... "; and,
WHEREAS, Chapter 173 -501 WAC Instream Resources Protection Program – Nooksack
Water Resource Inventory Area (WRIA) 1 identifies waterbodies in Whatcom County that are
closed or partially closed to further appropriation, by listing their status as "closure," "partial
year closure," "low flow," or "minimum flow, "; and,
WHEREAS, on October 25, 2016 Whatcom County adopted Ordinance 2016 -048, an
emergency moratorium on the filing, acceptance, and processing of new applications for
project permits for uses that rely on permit- exempt groundwater withdrawals within a closed
or partially closed basin, to allow the County time to review its Comprehensive Plan and
development regulations in light of the Supreme Court ruling, and to draft and enact the
necessary amendments as soon as feasible; and,
WHEREAS, RCW 36.70.790 and RCW 36.70.795 allow for adoption of interim official
controls as long as a public hearing is held within 60 days of adoption; and,
WHEREAS, on December 6, 2016 the County Council adopted Ordinance 2016 -066, an
interim ordinance adopting amendments to the Whatcom County Comprehensive Plan and
WCC Title 15, Title 20, Title 21, and Title 24 relating to water resources, which is effective until
March 18, 2017, and the County has applied the provisions of the ordinance to project permit
applications relying on new permit- exempt groundwater withdrawals; and,
WHEREAS, on March 7, 2017 the County Council adopted Ordinance 2017 -008, a second
interim ordinance; and,
Page 2 of 4
WHEREAS, on April 18, 2017 the County Council adopted Ordinance 2017 -008, a third
interim ordinance; and,
WHEREAS, on October 10, 2017, the County Council adopted Ordinance 2017 -057, a
fourth interim ordinance, which is effective until March 30, 2018; and,
WHEREAS, on January 18, 2018, the Washington State Legislature adopted ESSB 6091,
which requires the Department of Ecology to work with the initiating governments and the
planning unit in WRIA I to review existing watershed plans to identify the potential impacts of
exempt well use, identify evidence -based conservation measures, and identify projects to
improve watershed health. Until rules are adopted that specify otherwise, Section 202(5),
which effectively reverses the Court's decision in Hirst, allows new domestic water uses in
WRIA 1 that rely on groundwater withdrawals exempt from permitting under RCW 90.44.050,
provided that applicants pay a fee of five hundred dollars to the permitting authority and limit
their maximum annual average withdrawal of three thousand gallons per day, per connection,
and record this limitation on the property title; and,
WHEREAS, ESSB 6091, in Section 101(5), also provides that "[a]ny permit- exempt
groundwater withdrawal authorized under RCW 90.44.050 associated with a water well
constructed in accordance with the provisions of chapter 18.104 RCW before the effective date
of this section is deemed to be evidence of adequate water supply under this section "; and,
WHEREAS, the amendments proposed by this ordinance are consistent with the
aforementioned requirements of ESSB 6091 and are therefore consistent with the GMA, as
specifically addressed in Section 102 of ESSB 6091; and,
WHEREAS, a determination of non - significance (DNS) was issued under the State
Environmental Policy Act (SEPA) on January 30, 2018; and,
WHEREAS, ESSB 6091 was signed by Governor Inslee on January 19, 2018, and, pursuant
to the emergency clause in Section 307, it became effective immediately as the Legislature
declared that it was "necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing institutions ... "; and,
WHEREAS, with the enactment of ESSB 6091, Ordinance No. 2017 -057 is no longer
necessary to ensure that Whatcom County is in compliance with state law; and,
WHEREAS, in accordance with RCW 36.70A.106, Whatcom County Planning and
Development Services notified the Department of Commerce of the proposed interim
amendments contained herein; and,
WHEREAS, this ordinance shall be effective for not longer than six months following its
effective date, but may be renewed for one or more six month periods if subsequent public
hearings are held and findings of fact are made prior to each renewal; and,
WHEREAS, the County Council is scheduled to hold a public hearing on this ordinance on
February 13, 2018;
Page 3 of 4
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts the
above "WHEREAS" recitals as findings of fact in support of its action as required by RCW
36.70A.390.
BE IT FURTHER ORDAINED that Ordinance No. 2017 -057 is hereby repealed in its
entirety upon the effective date of this ordinance.
BE IT FURTHER ORDAINED that if a section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason by any court of
competent jurisdiction; such decision shall not affect the validity of the remaining portions of
this ordinance, and if the provisions of this ordinance are found to be inconsistent with other
provisions of the Whatcom County Code, this ordinance shall control.
BE IT FURTHER ORDAINED by the Whatcom County Council that the Whatcom County
Comprehensive Plan and the Whatcom County Code are hereby amended, on an interim basis,
as shown in Exhibit A.
BE IT FINALLY ORDAINED that this ordinance shall be effective for not longer than six
months following its effective date.
ADOPTED this day of ��'' , 2018.
WHATCOM COUNTY COUNCIL
WHATtOM COUNTY, WASHINGTON
ATTEST. p NOUN '
_ m
Dana Brown = Davis, Council:Clerk
IFiIdlSffl`'g1 �
APPROVED as to form:
041,'Viu. h4�
Civil Deputy Prosecutor
Rud Browne, Chairperson
Approved () Denied
Date: °Z` /C;'0
Page 4of4
January 26, 2018
EXH I BIT A
Whatcom County Code
AMENDMENTS
TITLE 15 BUILDINGS AND CONSTRUCTION
CHAPTER 15.04 BUILDING CODES
15.04.020 Amendments to the International Building Code.
A. The IBC is amended as follows:
5. Section 105.3, Application for Permit, is amended to include the following:
To obtain the permit, the applicant shall first file an application therefor in writing on a form
furnished by the Department of Building Safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is
made.
2. Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the
proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in
Section 107.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant's authorized agent.
7. Include signature by the applicant or the applicant's authorized agent of a statement for
guarantee of fee payment. The statement must be signed in the presence of County
staff or staff will provide a statement which includes verification of signature by a
licensed notary public.
8. Provide verification of approval to connect to a public sewer system or a septic system
installation permit issued by the Whatcom County Environmental Health Department
for any permit application that requires sewage disposal. The approval to connect or
issued septic system permit shall be specific to the project application.
9. For buildings requiring potable water, provide evidence of an adequate water su I tas
refined in WCC 20.97.4511 for the intended use of the buildingfs).
January 26, 2018
10. Provide additional data and information in the designated sequence, as required by the
Building Official.
15.04.030 Amendments to the International Residential Code.
D. Section R105.3, Application for permit, is amended to include the following:
To obtain the permit, the applicant shall first file an application therefor in writing on a form
furnished by the Department of Building Safety for that purpose. Such application shall:
Identify and describe the work to be covered by the permit for which application is
made.
2. Describe the land on which the proposed work is to be done by legal description, street
address or similar description that will readily identify and definitely locate the
proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in
Section 107.
5. State the valuation of the proposed work.
6. Be signed by the applicant, or the applicant's authorized agent.
7. Include signature by the applicant or the applicant's authorized agent of a statement for
guarantee of fee payment. The statement must be signed in the presence of County
staff or staff will provide a statement which includes verification of signature by a
licensed notary public.
8. Provide verification of approval to connect to a public sewer system or a septic system
installation permit issued by the Whatcom County Environmental Health Department
for any permit application that requires sewage disposal. The approval to connect or
issued system permit shall be specific to the project application.
9. For buildings requiring potable water provide evidence of an adequate water supply as
defined in WCC 20.97.451) for the intended use of the building {s}.
10. Provide additional data and information in the designated sequence, as required by the
Building Official.
2
January 26, 2018
TITLE 20 ZONING
CHAPTER 20.84 VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND
APPEALS
20.84.200 Conditional uses.
20.84.220 Criteria.
Before approving an application for a conditional use permit, the hearing examiner shall ensure
that any specific standards of the use district defining the conditional use are fulfilled, and shall
find adequate evidence showing that the proposed conditional use at the proposed location:
(5) Will be serviced adequately by necessary public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, adeg jl _water supply (as defined in
_WCC 20.97.451L a44- sewers, and schools; or that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately any such services.
CHAPTER 20.97 DEFINITIONS
20.97.451 Water Supply, Adequate
"Adequate water su I " means a supply of potable water adequate to serve a land use
associated with a project permit in terms of quality, quantity, and legal availability, as
documented by a water availability notification signed by the director of the Whatcom County
Health Department, per WCC 24.11.060.
TITLE 21 LAND DIVISION REGULATIONS
CHAPTER 21.04 SHORT SUBDIVISIONS
21.04.090 Water supply.
(1) Water from a public water system(s) shall be provided to serve each lot in a short plat,
except as specified in subsection (2) of this section.
3
January 26, 2018
(2) For a- residential short subdivisions, private water supplies may be wed -used under the
following circumstances:
(a) All lots served by the private water supplies are five acres or larger, unless smaller
because of clustering. If the lots are smaller because of clustering, the gross density of
the short subdivision shall not exceed one dwelling per five acres; and
(b) The withdrawal is not from a defined portion of an aquifer of known regional
groundwater contamination that exceeds state standards and that has been identified
by the director of the Whatcom County Health Department and confirmed by the Health
Board; and
C The water source is groundwaterand- not surfaee ovate;; and
(d) The applicant demonstrates that an adequate water supply (as defined in WCC
20.97.451) exists to serve the short subdivision; and
e The short subdivision is not located within the designated water service area of a public
water purveyor, as shown on the coordinated_ water system plan map, or within one -
half mile of an existing water purveyor's water line; or
4-the short subdivision is located within the designated water service area of a
public water purveyor #k4t -asi& shown on the coordinated water system plan map,, or
within one -half mile of an existing water purveyor's water lines and:
(i) The purveyor •k - cannot le-provided water service to the applicant within 120
calendar days of submitting a written request and applicable fees to the purveyor
unless specified otherwise by the Hearing Examiner or County Council; or
(ii) The purveyor states in writing that it is unable or unwilling to provide the service; or
(iii) The purveyor and applicant are unable to achieve an agreement on the schedule and
terms of provision of service within 120 calendar days.
(3) If a public water supply is required, all the requirements of Chapter 246 -290 WAC, Group A
Public Water Systems, or Chapter 246 -291 WAC, Group B Public Water Systems, must be
met prior to final plat approval.
CHAPTER 21.05 PRELIMINARY LONG SUBDIVISIONS
21.05.080 Water supply.
(1) Water from a public water system(s) shall be provided to serve each lot in a subdivision,
except as specified in subsection (2) of this section.
(2) For a residential subdivision with six or fewer residences, private water supplies may be
.4moused under the following circumstances:
(a) All lots served by the private water supplies are five acres or larger, unless smaller
because of clustering. If the lots are smaller because of clustering, the gross density of
4
January 26, 2018
the subdivision shall not exceed one dwelling per five acres and the number of clustered
lots shall not exceed four; and
(b) The withdrawal is not from a defined portion of an aquifer of known regional ground
water contamination that exceeds state standards and that has been identified by the
director of the Whatcom County Health Department and confirmed by the Health
Board; and
(c) The water source is groundwater and not surface waopr; and
d The long subdivision is not located within the designated water service area of a ublic
water purveyor, as shown on the coordinated waters stem plan map, or within one -
half mile of an existing water purveyor's water line; or
(d)(e)_ 14The subdivision is located within the designated water service area of a public
water purveyor that is shown on the coordinated water system plan map or within one -
half mile of an existing water purveyor's water lines and:
(i) The purveyor wateF cannot provided water service to the applicant within 120
calendar days of submitting a written request and applicable fees to the purveyor
unless specified otherwise by the hearing examiner or county council; or
(ii) The purveyor states in writing that it is unable or unwilling to provide the service; or
(iii) The purveyor and applicant are unable to achieve an agreement on the schedule and
terms of provision of service within 120 calendar days.
(3) The applicant shall demonstrate that adequate water r- �MNs upply (as defined in WCC
20.97.451 ) exists to serve the subdivision; e ep water w " °^ llf +s, 4Y ;a44s -e I� frei:n
—�rI' TP "-9B-: 44-: t 150.
(4) If a Group B public water system is created to serve the subdivision, the number of wells
shall be limited to the minimum needed to serve the water needs of the subdivision as
determined by the Whatcom County Health Department.
(5) If a public water supply is required, all the requirements of Chapter 246 -290 WAC, Group A
Public Water Systems, or Chapter 246 -291 WAC, Group B Public Water Systems, must be
met prior to final plat approval.
TITLE 24 HEALTH CODE
CHAPTER 24.11 DRINKING WATER
24.11.050 General requirements.
A. Applicants must submit all required forms, letters,, and documents to the director.
5
January 26, 2018
B. The director will consider applications for water availability proposing to use groundwater,
spring water, surface water, sea water or rainwater.
C. The director shall evaluate the availability of a public water system prior to approving the
use of a private water system. If it is determined that a public water system is available and
willing to provide water, the applicant must connect to that public water system when:
1. The applicant proposes to use surface water, spring water, rainwater, or contaminated
groundwater; or
2. The applicant proposes to build on a lot located in a short subdivision or long
subdivision that Whatcom County approved based on the availability of public water; or
3. The existing public water system has water lines adjacent to the property line of the
applicant and connection is consistent with RCW 36.70A.110(4); or
4. The existing public water system has defined a "service area boundary" in accordance
with the Whatcom County Coordinated Water System Plan which includes the property
of the applicant.
D. The director will only approve a private or Non -Group B 2-two -party well for proposed short
subdivisions or long subdivisions when analytical results of untreated water samples for
primary inorganic or organic contaminants do not exceed a maximum contaminate level
(MCL) adopted by Washington State Department of Health.
E. Purveyors of public water systems and private water system applicants must comply with
Washington State Department of Ecology water right requirements and must demonstrate
that they have an adequate water supply for their proposed service per WCC 24.11.050.
Compliance will include at a minimum, possession of a water right permit or certificate for:
1. All surface water sources excluding seawater.
2. All groundwater sources using more than 5,000 gallons per day.
3. Irrigating more than one -half acre of lawn or noncommercial garden.
24.11.060 Water availability required.
A. Prior to issuance of a building or other project permit and unless exempt pursuant to
subsection (C), the applicant must provide Whatcom County Planning and Development
Services evidence of adequate water supply as documented by a_water availability
notification signed by the director. te- Wate- aeea�gara deere,+ices
(-RQ*-e*eep-t--w# -ear The water availability notification shall document a supply of potable
water adequate to serve a land use associated with a project permit in terms of quality,
quantity, and legal availability.
B. The ap Ip icant must provide evidence of legal availability in the form of:
1. A water right permit from the Department of Ecology; or,
2. A letter from an approved public water purveyor with sufficient water rights, stating the
ability to Drovide water: or.
0
January 26, 2018
3. Evidence that a permit- exempt groundwater withdrawal (authorized under RCW
90.44.050 ) is associated with a well constructed in accordance with the provisions of
RCW Chapter 18.104) prior to January 19, 2018; ors
4. Documentation that water can be supplied by a rainwater catchment system approved
by the Whatcom County Health Department, per Department of Ecology Policy 1017; or,
5. Documentation that water will be supplied by anew withdrawal exempt from
permitting under RCW 90.44.050 and the well site is located in WRIA 3_(Lower Skagit -
Samish) or in Point Roberts, Eliza Island, or Lummi Island, as shown in Figure 24.11.060.
6. Documentation that water will be supplied by a new withdrawal exempt from
permitfing under RCW 90.44.050 and the well site is located in those Limited Coastal
Areas that may not be in hydraulic continuity with regulated surface waterbodies, as
shown on Figure 24.11.060, and:
a. A study prepared by a qualified hydrogeologist licensed in the State of Washington
demonstrating a proposed groundwater withdrawal would not impair a senior water
right, including instream flows established in Chapter 173 -501 WAC where
applicable, in accordance with current statutes and case law. Such documentation
must be verified by the county either through consultation with the Department of
Ecology, or a qualified technical review team appointed by the county. The county
may require a third party review by an independent qualified hydrogeologist if the
county determines additional technical expertise is needed. The cost of the third
party review shall be borne by the County: or,
b. A mitigation plan prepared by a qualified hydrogeologist licensed in the State of
Washington, and approved by Whatcom County. The plan shall include:
i. Evidence that the proposed withdrawal with mitigation in place will not im air
a senior water right, including instream flows established in Chapter 173 -501
WAC where applicable, in accordance with current statutes and case law. Such
documentation must be verified by the county either through consultation
with the Department of Ecology, or a qualified technical review team
appointed by the county. The county may require a third party review by an
independent qualified h dro eolo ist if the county determines additional
technical expertise is needed. The cost of the third party review shall be borne
by the County.
ii. A monitoring and reporting Ian including a guality assurance/cluality control
plan.
iii. Documentation adequate to demonstrate that the mitigation will remain in
place for the duration of the impact, including, for example, financial
assurances or documentation of permanent dedication of water for mitigation
purposes.
7. Except in Point Roberts Eliza Island or Lummi Island for new permit-exempt
groundwater withdrawals per RCW 90.44.050 within WRIA 1 (Nooksack) or within those
January 26, 2018
Limited Coastal Areas where the applicant has not met subsection (13)461, the applicant
may obtain approval for a withdrawal exempt from permitting pursuant to RCW
90.44.050 under the following conditions:
a. Water shall be for domestic use only, with a maximum annual average withdrawal of
3,000 gallons per day per connection.
b. The applicant shall record with the property title any relevant restrictions or
limitations associated with water supply: and
a.c. The applicant shall pay to the permitting authority any applicable fees for each
project permit.
C. A water availabilitv notification is not reauired
1. Ading -A project permit that does not require potable water.
2-- A project permit relying on either a permit - exempt groundwater withdrawal per RCW
90.44.050 or a surface water withdrawal for potable water fora a remodel of an
existing building orb replacement of a demolished or removed building- but not
Pr000sing a change of use either of which would increase the floor area by no more
than 50 percent over that of the existing building; however, such permits shall require
documentation of current water quality and guantity, as approved by the director. A
rnrWnr. #.-,I rnrwndnl`ran does-net -±rlrl additional - Fsarlr._- .!.mc'.r r+ye`.al# in n mcicv- �c.vf fleer spaee of Me re than 50 peFeent.
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January 26, 2018
24.11.070 Determining adequacy of water supply for building permit applications proposing
to use an existing public water system.
A. Prior to director approval of evidence of an adequate water supply where the applicant
proposes to obtain water from an existing public water system the applicant must:
1. Submit to the director, an Availability Notification for Public Water form (as amended)
signed by an authorized representative of the water system proposing to serve water to
the building. The authorized representative:
a. Must indicate on the form that the water system will provide water to the proposed
building.
b. Must sign a statement that they have reviewed the system records and ensures that
the water system complies with Chapters 246 -290 and 246 -291 WAC and
department requirements.
B. The director will review the completed Availability Notification for Public Water (form) for
approval. The director will approve the completed form if:
1. The applicant and the authorized representative met all the criteria listed on the form.
2. The purveyor of the water system has the approval from Department of Health or the
department to provide water to the building.
3. The applicant has provided evidence of legal availability of water for the proposed,
project per WCC 24.11.060.
24.11.080 Determining adequacy of water supply for building permit applications proposing
to create a new public water system.
Prior to director approval of evidence of an adequate water supply, an applicant proposing to
create a new public water system must comply with:
A. Provisions of the Whatcom County Coordinated Water System Plan.
B. Chapters 246 -290 and 246 -291 WAC, and all other applicable local and state regulations for
public water supplies.
C. The applicable sections of this chapter pertaining to public water supplies and water
availability.
24.11.090 Determining adequacy of water supply for building permit applications proposing
to use a well to serve one single - family dwelling or one single - family living unit.
A. Prior to director approval of evidence of an adequate water sup I where the applicant
proposes to use a private well, the applicant must:
1. Notify the director of the intent to use a well.
2. Request that the director conduct a site inspection and approve the r4 osed well site.
B. Upon request from the applicant, the director will conduct a site inspection for the purpose
of approving the location. If the director cannot approve a well location the director will
deny the application and give the reasons for denial.
10
January 26, 2018
C. If the director approves the well location the applicant shall) submit a corr�plr'ted W7ttar
Availabilitv Notification Private –1 Home Well form (as amended) and all reauired
documents to the director for approval.
A: (�+�t�- di�c�� alp) e�e�i�l�r�€� ��.-� Tt, ;; lie al+r�a�
pr-use �rir -.nt waist r,ef 'a- '6aMpdete4 W ter A�.- ii1-�a•.. kty
r-e- '�tYttl� r � �r_ �TCSYtr ir�i -r� MU St N . "" --v-vvTCr�•�'u- crrrcrr��-.' ` 1
fic•' +`Crtme red— rr�''vate�— r�-.'uFi$i' •C-tI --F�T� r..�l -�nr� -.II rani it it documents ,1,�e
8iTrzYft e n t s ��GJ
8D. The director will review the completed form and required documents submitted by the
applicant for approval. The director will approve the form if:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the proposed
project per WCC 24.11. 060. weak 0— rarcarar.rcar,- ley --t#e pli, es .rr , .,r,.� ":;T. e
boundaries of an area where DOE has determined b-y-+tin +4al wester fer development
cic_rar nA_t caw+
24.11.100 Determining adequacy of water supply for building permit applications proposing
to use a well to serve two single - family dwellings or two single - family living units.
A. Prior to director approval of evidence of an adequate water supply where the applicant
proposes to use a well to serve two single - family dwellings or two single - family living units,
the applicant must:
1. Notify the director of the intent to use a well or wells.
2. Request that the director conduct a site inspection and approve the proposed well sites.
B. Upon request from the applicant, the director will conduct a site inspection for the purpose
of approving the location. If the director cannot approve a well location the director will
deny the application and give the reasons for denial.
C. If the director approves the well locations the applicant shall submit a completed Water
Availability Notification Non -Group B – 2 Home Well form (as amended) and all required
documents for each well to the director for approval.
D. The director will review the completed form and required documents submitted by the
applicant for approval. The director will approve the form if:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the proposed
project per WCC 24.11.060." : rt, - 9posed- 6y4ie - a p p Ca R t d ^ t I' AA trim
tf au-rvi a ri e s 0,1 aT area -vvh-ere -DQ h asdeter-mx ped 6,�,
develop eRt -does not exist
11
January 26, 2018
24.11.110 Determining adequacy of water supply for building permit applications proposing
to use a spring to serve one single - family dwelling unit or one single - family living unit.
A. Prior to director approval of evidence of an adequate water supply where the applicant
proposes to use a spring source, the applicant must:
1. Notify the director of the intent to use a spring.
2. Provide information to the director showing that they cannot drill an adequate well on
their property.
3. Request that the director conduct a site inspection and approve the proposed location
of the spring.
B. Upon request from the applicant, the director will conduct a site inspection for the purpose
of approving the location. If the director does not approve the location the director will
deny the application and give the reason for denial.
C. If the director approves the location of the spring the applicant must submit a completed
Water Availability Notification Private —1 Home Spring form (as amended) and all required
documents for approval by the director.
D. The director will review the completed form and required documents for approval. The
director will approve the application if:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the proposed
project per WCC 24.11. 060. Thrrr° does not fall
Of ah e Fe nn.r_ has r etermilied by FL a i-Z, -.s w +nr
rcn�- c�-vcasrrrr'ir-r�.r'� a i a--p r c cr `v`r i i+c a c v v c has p ccci irrrrr ccreafy- rarr�- crrai-'+rr''yc�r
24.11.120 Determining adequacy of water supply for building permit applications proposing
to use a spring to serve two single - family dwelling units or two single - family living units.
A. Prior to director approval of evidence of an adequate water supply where the applicant
proposes to use a spring source, the applicant must:
1. Notify the director of the intent to use a spring.
2. Provide information to the director showing that an adequate well cannot be drilled on
their property.
3. Request that the director conduct a site inspection and approve the proposed location
of the spring.
12
January 26, 2018
B. Upon request from the applicant, the director will conduct a site inspection for the purpose
of approving the location. If the director does not approve the location, the director will
deny the application and give the reasons for denial.
C. If the director approves the location of the spring the applicant must submit a completed
Water Availability Notification - 2 Home Spring form (as amended) and all required
documents for approval by the director.
D. The director will review the completed form and required documents for approval. The
director will approve the application if:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the proposed
project per WCC 24.11.060. The spF^ ,r44g -sftes pFapn ed by the ano-ea c
►mot-- Ufa,- -l�,inl�it#i+a- tai +e- bet��udar+e� -sf��
fe�develapr�-�}ent: dee! nnFvicexist.
24.11.130 Determining adequacy of water supply for building permit applications proposing
to use surface water, sea water, or rainwater for one or two single - family dwelling units or
two single - family living units.
A. The director shall not approve use of surface water, sea water, or rainwater as evidence of
an adequate water source unless the applicant:
1. Cannot obtain water from an existing public water supply.
2. Cannot use an approved source of groundwater from a well.
3. Could only use contaminated groundwater.
B. Prior to director approval of evidence of adequate water supply the applicant must:
Meet all applicable requirements for surface water, sea water or rainwater treatment
design, maintenance and operation contained in Whatcom County health and human
services Water Availability foF a Private S face ,ter- Source r ed- Notification
as determined by the director.
2. Provide evidence of legal availability of water for the proposed project per WCC
24.11.060. The suFfaEe -wate e prnn.,sew:49-„ "des- nomfa44-,.,.�,rh,
beundar s- af-ain--a e. feedevek�p T.
gt st
3. Meet all other state and local regulations.
4. Sign and have recorded with the Whatcom County auditor's office the following
documents:
a. A document stating which contaminate the untreated source water exceeded.
13
January 26, 2018
b. A document stating that the applicant has had a water treatment system designed
that meets Whatcom County health and human services Water Availability Approval
for a Surface Water Source (as amended), and secures a potable water supply for
the building.
c. A document stating that the applicant has installed a treatment system according to
the design reviewed by the director and treated water sample results that verify
system performance.
d. A document stating that the applicant agrees to adhere to the operation,
maintenance, and monitoring plan for the designed treatment system.
e. A document stating that the applicant understands that the obligation to comply
with treatment system design, installation, operation and monitoring lies with the
applicant and not Whatcom County.
When the public system is available, any person obtaining water from contaminated
source must provide current test results showing water treatment is adequately
maintaining water quality below maximum contaminant levels (MCL). If the quality
does not meet the MCL, the applicant is required to hook up to a public system.
24.11.140 Determining adequacy of water supply for short subdivisions, long subdivisions or
binding site plans proposing to use an existing public water system.
A. Prior to director approval of availability of an adequate water supply where the applicant
proposes to obtain water from an existing public water supply to service lots of a short
subdivision, long subdivision, or a binding site plan the applicant must:
Provide to the director an Availability Notification for Public Water (as amended) form
or a letter signed by an authorized representative of the water system proposing to
serve water to each lot. The authorized representative of the public water system:
a. Must indicate that the water system will provide water to each proposed lot.
b. Must sign a statement that they have reviewed the system records and ensures that
the water system is in compliance with Chapters 246 -290 and 246 -291 WAC and
department requirements.
B. The director will review the completed form or letter to determine the availability of
adequate water. The director will make a determination of adequate water when:
1. The applicant and the authorized representative meet all the criteria listed on the form.
2. The purveyor of the water system has the approval from Department of Health or the
department to provide water to the short subdivision, long subdivision, or binding site
plan, except for Group A water systems the following conditions also apply:
a. DOH has issued a green operating permit to the purveyor; or
b. DOH has determined that the purveyor significantly complies with Chapter 246 -290
WAC
14
January 26, 2018
3. The applicant has provided evidence of legal availability of water for the proposed
proieci t per WCC 24.11.060.
24.11.150 Determining adequacy of water supply for short subdivisions, long subdivisions or
binding site plans proposing to use a new public water system.
Prior to director approval of availability of an adequate water supply where the applicant
proposes to create a new public water supply to service lots of a short subdivision, long
subdivision, or a binding site plan the applicant must comply with:
A. Provisions of the Whatcom County Coordinated Water System Plan.
B. Chapters 246 -290 and 246 -291 WAC, and all other applicable local and state regulations for
public water supplies.
C. The applicable sections of this chapter pertaining to public water supplies and water
availability.
24.11.160 Determining adequacy of water supply for short subdivisions or long subdivisions
proposing to use a private well or private wells to serve one single - family dwelling or one
single - family living unit.
A. Prior to director approval of availability of an adequate water supply where the applicant
proposes to use a private well or private wells to service lots of a short subdivision or long
subdivision the applicant must:
1. Notify the director of the intent to use a private well or wells.
2. Request that the director conduct a site inspection and approve the proposed well sites.
B. Upon request from the applicant, the director will conduct a site inspection for the purpose
of approving the location. If the director cannot approve a well location the director will
deny the application and give the reasons for denial.
C. If the director approves the well locations the applicant shall submit a completed
Subdivision Water Availability form (as amended) and all required documents for each well
to the director for approval.
D. The director will review each completed form and required documents for approval. The
director will approve the availability of adequate water when:
1. The applicant met all the criteria listed on the form.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the proposed
project per WCC 24.11.060.-T-ae -w el" site or w 4l sites prop Try. � ���: nt
Rot fall with lr. tm--r -�-�2'c]°� Fvda- �f e` Pfd- 3f-e'c3-- w h-e'fe -B
15
January 26, 2018
24.11.170 Determining adequacy of water supply for short subdivisions or long subdivisions
proposing to use a well to serve two single - family dwellings or two single - family living units.
A. The applicant shall create a Group B Public water supply as defined in Chapter 246 -291 WAC
when WCC Title 21 requires the applicant to provide public water service to each lot. This
includes a water system where one well services two lots.
B. Prior to director approval of availability of an adequate water supply where the applicant
proposes to use one well to service two lots of a short subdivision or long subdivision when
public water is not required the applicant must:
1. Notify the director of the intent to use a well or wells.
2. Request that the director conduct a site inspection and approve the proposed well sites.
C. Upon request from the applicant, the director will conduct a site inspection for the purpose
of approving the location. If the director cannot approve a well location the director will
deny the application and give the reasons for denial.
D. If the director approves the well locations the applicant shall submit a completed
Subdivision Water Availability form (as amended) and all required documents for each well
to the director for approval.
E. The director will review each completed form and required documents for approval. The
director will approve the availability of adequate water when:
1. The applicant met all the criteria listed on each of the forms.
2. The applicant submitted all of the required documents.
3. The applicant has provided evidence of legal availability of water for the proposed
project per WCC 24.11.060. }"° appl;Ea^+ dee5
r�4t4al1 � 4t r+ +hc - b-e .rsm - rxig J s of r v-im n rA+r r-a c has r✓n +�vrm�i�r��� - 1 +h + ��
crccci i i v+ v-crmr'v"n`ir
for development roes not e
16