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HomeMy WebLinkAboutord2018-020strikeWHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018 -129 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: CliffStrong 3130118 c 411012018 CON / Introduction Division Head: [J /' 3 °30-(� / ) � � ��� APR �. � �VNHI AITC O COUNTY SCOTW /Introduction Dept. Head: Mark Personi us � 3/30/18 5/8/2018 Public Hearin Prosecutor: Karen Frakes 9 COUNCIL Purchasing /Budget: Executive: Jack LOWS I l TITLE OF DOCUM An Ordinance Repeali Ordinance Nos. 2018 -001 and 2018 -005 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. ATTACHMENTS: • Staff Memorandum • Draft Ordinance 2018- • Exhibit A, showing the proposed amendment to the Whatcom County Comprehensive Plan and development regulations • Table 1: Conditions Under Which Water is Considered Legally Available for Purposes of Development in Whatcom County Pursuant to ESSB 6091 and Ordinance 2018- • ESSB 6091 SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes O NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: 412412018 SUMMAR Y STA TEMENT 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 Ordinance Repealing Ordinance Nos. 2018 -001 and 2018 -005 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 COUNCIL ACTION. 4/10/2018: Held in SCOTW for two weeks 4/10/2018: Withdrawn from the agenda and held in Comm. 4/24/2018: Discussed and amended 4/24/2018: Substitute Introduced 6 -0, Byrd absent 5/8/2018: Adopted.4- 2, _Brenner and Byrd opposed, Ballew absent, Ord. 2018 -020. Motion carried 6 -0 to request that staff and the Water Utility Coordination Committee work to provide recom- mendations to find affordable options or ex- ceptions for people seeking water within an are Related County Contract #: Related File Numbers: where they are currently required to connect to private water district service. Ordinance 2018 -020 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. PROPOSED BY: planning INTRODUCTION DATE: 4/24/2018 ORDINANCE NO. 2018 =,020 AN ORDINANCE REPEALING ORDINANCE NOS. 2018 -001 AND 2018 -005 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 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, to protect rural character and regulate groundwater withdrawals, Whatcom County adopted Ordinance 2012 -032, amending its Comprehensive Plan to adopt by reference existing development regulations, adding Policy 2DD -2.C.6 which adopts by reference WCC 21.04.090 and 21.05.080, Policy 2DD -2.C.7 which adopts by reference WCC 24.11.050, Policy 2DD -2.C.8 which adopts by reference WCC 24.11.060, and Policy 2DD -2.C.9 which adopts by reference WCC 24.11.090, .100, .110, .120, .130, .160, and .170, 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 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, 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, Page 2 of 4 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, adoption of this ordinance is necessary to complete the GMA compliance proceedings before the Western Washington Growth Management Hearings Board (GMHB Case No. 12 -2- 0013); and, WHEREAS, a determination of non - significance (DNS) (SEPA 2018 - 00013) was issued under the State Environmental Policy Act (SEPA) on February 20, 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 and this ordinance, Ordinance Nos. 2018- 001 and 2018 -005 are 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 amendments contained herein on February 14, 2018, and no comments were received from state agencies; and, WHEREAS, The Planning Commission held a public hearing on this ordinance on March 8, 2018, notice of which was published in the Bellingham Herald on February 23, 2018; and, WHEREAS, the County Council held a duly noticed public hearing on this ordinance on May 8, 2018; and, WHEREAS, the proposed amendments to the Whatcom County Comprehensive Plan and development regulations would affirm the County's intent to work cooperatively with the Department of Ecology, WRIA 1 Initiating Governments, and the Planning Unit to update the WRIA 1 Watershed Management Plan pursuant to the Streamflow Restoration Act (ESSB 6091), as well as implement the Act's requirements for allowing the conditioned use of permit- exempt wells (RCW 90.44.050) as a legal source of water for domestic use, and are consistent with the Comprehensive Plan goals and policies listed in Section III of the staff report; and, WHEREAS, the amendments are in the public interest; and, WHEREAS, the amendments are consistent with the Whatcom County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts the above "WHEREAS" recitals as findings of fact and conclusions in support of its action as required by RCW 36.70A.390. BE IT FURTHER ORDAINED that Ordinance Nos. 2018 -001 and 2018 -005 are hereby repealed in their entirety upon the effective date of this ordinance. Page 3 of 4 BE IT FURTHER ORDAINED by the Whatcom County Council that the Whatcom County Comprehensive Plan and the Whatcom County Code are hereby amended as shown in Exhibit A. 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. ADOPTED this 8th day of May WHATCOM COUNTY COUNCIL WHATCOM �QUNiTYptWASHINGTON ATTE$ ® VkAT —J Dares Brov9 V; s,fC cil Clark APPRO D as to form: Civil Deputy Prosecutor XAP'p ( ) Denied Date: b A I 0 Page 4of4 April 24, 2018 EXHIBIT 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 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. April 24, 2018 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: 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 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. April 24, 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, adequate water supply (as defined in WCC 20.97.451), a44d- 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 supply" 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. (2) For a- residential short subdivisions, private water supplies may be utilized 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 b ", °° ^f clustering, the gross density of the short subdivision shall not exceed one dwelling per five acres; and April 24, 2018 (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 Board of Health; and (c) The water source is groundwater and- 1A^+ r-, „-face ter; 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 nor within one -half mile of the designated retail water service area of a public water purveyor, (as shown on the coordinated water system plan ma • or fc4 f) T44he short subdivision is located outside but within one -half mile of the designated retail water service area of a public water purveyors j -as+s shown on the coordinated water system plan maps ,.4thi., , o_half mile „f an existing water purveyer's water lines and the applicant has discussed service with the provider but chooses not to avail themselves of their service. . . . .... ......... (g) The short subdivision is located within the designated retail water service area of a public water purveyor (as shown on the coordinated water system plan map) and, within 120 calendar days of submitting a written request and applicable fees to the purveyor: (i) The purveyor states in writing that it is unable or unwilling to provide water service to the applicant; or (ii) The water purveyor fails to respond with a letter of approval or denial. (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 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 el' isteFiR ,, the gross density of the subdivision shall not exceed one dwelling per five acres and- +h., r ., -,heF „f P-1„ -ste—re d pots shall „„+ ed feu and C! April 24, 2018 (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 net s urface water; and (d) The long subdivision is not located within nor within one -half mile of the designated retail water service area of a public water purveyor; (as shown on the coordinated water system plan map)L or {c4 e) ff tT_he subdivision is located outside but within one -half mile of the designated retail water service area of a public water purveyor t4at4 as shown on the coordinated water system plan mapj or ' +h' ene half mile of aR existing water pyrveyeF's ter line °and, the applicant has discussed service with the provider but chooses not to avail themselves of their service.: rft�d ....... ".1"Mr.rmr.wo MMINARFM INTEM ' �M (f) The subdivision is located within the designated retail water service area of a public water purveyor (as shown on the coordinated water system plan map) and, within 120 calendar days of submitting a written request and applicable fees to the purveyor: (i) The purveyor states in writing that it is unable or unwilling to provide water service to the applicant; or (ii) The water purveyor fails to respond with a letter of approval or denial. (3) The applicant shall demonstrate that adequate water right(s� supply (as defined in WCC 20.97.451) exists to serve the subdivision, except when .vater ,.,i+hp -1 Fa al is exempt frl,m ebtai. ing a ateF right r Fnht under RCW 90.44.050. (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. April 24, 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 t have an adequate water supply for their proposed service per WCC 24.11.060. 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 the Whatcom County Health Department. *^ `"'"a+r„rr, County pIaR iRg and devel,,,,. eRt s S (PDS) except n.. 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 applicant 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 provide water; or, 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; or, M April 24, 2018 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. If 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, documentation that water for domestic use will be supplied by a new withdrawal exempt from permitting under RCW 90.44.050. 6. If the well site is located in those Limited Coastal Areas (that may or may not be in hydraulic continuity with regulated surface waterbodies) as shown on Figure 24.11.060, documentation that water for domestic use will be supplied by a new withdrawal exempt from permitting under RCW 90.44.050 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: L Evidence that the proposed withdrawal with mitigation in place will 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 cumentation must be verified by the Countv 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. ii. A monitoring and reporting plan, including a quality assurance /quality 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 for domestic use per RCW 90.44.050 within WRIA 1 (Nooksack) or within those Limited Coastal Areas where the applicant chooses not to use subsection (13)(6), the applicant may obtain approval for a withdrawal exempt from permitting pursuant to RCW 90.44.050 under the following conditions: a. Water for domestic uses shall be subject to 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. April 24, 2018 C. A water availability notification is not required for: 1. A buil fi44g- A project permit that does not require potable water. 2. A protect permit relying on either a permit- exempt groundwater withdrawal per RCW 90.44.050 or a surface water withdrawal for potable water for (a) a remodel of an existing building or (b) replacement of a demolished or removed building but not proposing 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 quantity, approved bV the director. April 24, 2018 S] �u. Lin, F� F3 I! ij .a skcs'sii 4z4 � I 'l, za,d rf 4-1 � a � \\ A ,, E April 24, 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: 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: 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. 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. 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. 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 supply 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 proposed 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. C. If the director approves the well location the applicant shall submit a completed Water Availability Notification Private — 1 Home Well form (as amended) and all required documents to the director for approval. 10 April 24, 2018 -RD. 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. well site prepesed by the applicant does net fall within the _hA_,_,nd;;ries ef an area wheFe DGE has determined by Fule that ihgater f9F development d-A-P-S net exist. 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 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. 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. 11 April 24, 2018 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. The spring site prepesed by the applicant dees net fall vAthffin the be, ndaries Af an rea wheFe D09 has determined by rule that water fer development net eXist. 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. 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 SpFiRg OF SpFiRg sites pFopesed by the applicant dees not fall withiR the be roeS ef -;;n -;;rp--;; vVhe,re DGE h-;;-,; determined by rule that vVater fer develepmeRt dees net 12 April 24, 2018 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: 1. 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 Notification as determined by the director. 2. Provide evidence of legal availability of water for the proposed project per WCC 24.11.060. Tlae ,;­rfac-p water site prepesed by the appliG_apt dees net fall within the boundaFies ef an area vJhe.re _DQ_F_ has detert:nined by rule that water fer developmeRt dees net exist. 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. 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. f. 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: 13 April 24, 2018 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 3. The applicant has provided evidence of legal availability of water for the proposed project 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. 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 availabil 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. 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. 14 April 24, 2018 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. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.060. The well site or well sites n ed by the plieant doe t fall withip the beupda.rie_r ef an aFea where DOE has deteFmined by Fule that water feF development dees not e 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. 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. 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 availabilitv of water for the proposed project per WCC 24.11.060. The well site . all sites p Berl by the applicant does t fall within the e 15 April 24, 2018 WHATCOM COUNTY COMPREHENSIVE PLAN Chapter 10, Environment So as to explain changes to the WRIA 1 management structure and processes that have occurred since the last update to the Comprehensive Plan, amend the section "WRIA 1 Watershed Management Project" as follows: WRIA 1 Watershed Management Project The WRIA 1 Watershed Management Project is the result of the 1998 Washington State Watershed Management Act, which required all participating local governments to address water quantity, with the option of addressing water quality, instream flows, and fish habitat. The WRIA 1 Watershed Management Project has brought together citizens, local governments, tribes, and state and federal agencies to address these issues. The framework for watershed management in the state is based on geographic areas known as Water Resource Inventory Areas (WRIAs). WRIA 1 includes the Nooksack River basin and several adjoining smaller watersheds, such as the coastal drainages of Dakota and California Creeks, as well as Lake Whatcom. Watershed planning in WRIA 1 started in 1998 with the signing of a Memorandum of Agreement (MOA) between the Initiating Governments. In WRIA 1 the Initiating Governments are Whatcom County, City of Bellingham, Public Utility District No. 1, Lummi Nation, and Nooksack Tribe (the latter joining slightly later through a Letter of Agreement). The role of the Initiating Governments was to review a recommended Watershed Plan and take it to their governments' councils for adoption. Historical Orclanization (1999 -2016) WRIA 1 joint Board In 1999, an Interlocal Agreement further formalized the government -to- government relationship essential to the tribes' participation in the process by creating a Joint Board. The Joint Board is comprised of the Initiating Governments, including the mayor of the City of Bellingham, executive for Whatcom County, manager of Public Utility District No. 1, and designated policy representatives of Lummi Nation and Nooksack Tribe. The Board manages the project's administrative functions such as contracts and budgets. Members of the Joint Board also sit on the Joint Policy Boards. WRIA 1 joint Policy Boards The WRIA 1 Joint Policy Boards are comprised of members of the WRIA 1 Joint Board and Salmon Recovery Board. This organizational level interacts with federal, state, and regional organizations at a policy -level to coordinate the implementation and management of the WRIA 1 Watershed Management Plan — Phase 1, the WRIA 1 Salmonid Recovery Plan and other related activities. Local Integrating Organization (LIO) The Whatcom Local Integrating Organization (LIO) is a function of the WRIA 1 Watershed Joint Board and WRIA 1 Salmon Recovery Board (Joint Policy Boards). Local integrating organizations are designated 16 April 24, 2018 by the Puget Sound Partnership. The two WRIA 1 Boards accepted the function of the Whatcom LIO in October 2010 under the integrated program structure, and was officially recognized by the Puget Sound Partnership's Leadership Council in November 2010. The purpose of the Whatcom LIO is to coordinate implementation of Puget Sound Action Agenda priorities that are consistent with or complement local priorities. One of its functions is to provide a local update to the Action Agenda for Puget Sound. Local updates are intended to identify local priorities in the form of near -term actions (NTAs), which are priority actions with measurable outcomes that can be implemented in the next two years and that align with strategies in the Action Agenda for Puget Sound. WRIA 1 Planning Unit The Initiating Governments established the Planning Unit to ensure representation of a broad range of water resource interests. The Planning Unit's role is to recommend actions for a Watershed Plan and to contribute knowledge, interests, technical expertise, and other resources to its development. The Planning Unit is made up of representatives from the Initiating Governments, other governments, and various caucuses. There are 16 total caucuses on the WRIA 1 Planning Unit. Organizational Update (20161 Through an interlocal agreement entered into in 2016, the Watershed Management Protect Joint Board and the WRIA 1 Salmon Recovery Board were dissolved and the duties and functions of those boards were assumed by the new WRIA 1 Watershed Management Board, consisting of one representative from the Lummi Nation, the Nooksack Tribe, the Washington State Department of Fish and Wildlife Whatcom County, Whatcom County PUD No. 1, and the cities of Bellingham, Blaine Everson Ferndale Lynden, Nooksack, and Sumas. The primary functions of the WRIA 1 Watershed Management Board are to: • Facilitate implementation and adaptive management of the WRIA 1 Watershed Management Plan -Phase 1 as currently constituted or subsequently amended; • Coordinate the implementation and adaptive management of the WRIA 1 Salmonid Recovery Plan and associated implementation documents, • Serve as the WRIA 1 Salmon Recovery Lead Entity fe+ pursuant tom RCW 77.85, • Coordinate participation in Puget Sound salmon recovery efforts, • Coordinate the development, implementation and adaptive management of WRIA 1 watershed chapters of recovery plans for ESA listed salmonids and other salmonid species as warranted; • Coordinate planning, implementation, monitoring and adaptive management of ecosystem recovery actions in WRIA 1 consistent with agreed local goals and objectives, • Serve as the WRIA 1 Local Integrating Organization and a partner in the Puget Sound Partnership in representing WRIA 1 goals and priorities; and • Participate in other related activities as agreed to by the Board. The roles of the Local Integrating Organization and Planning Unit did not change. 17 April 24, 2018 2005 WRIA 1 Watershed Management Plan - Phase 1 The 2005 WRIA 1 Watershed Management Plan was approved in 2005 by the Joint Administrative Board, Planning Unit (by consensus), and the County Council. Pursuant to subsequent state requirements, a WRIA 1 Watershed Detailed Implementation Plan was approved by the Joint Administrative Board, Planning Unit, and County Council in 2007. It provides a roadmap for addressing water quantity, water quality, instream flow, and fish habitat challenges. The goals of the WRIA 1 Watershed Management Project are: water of sufficient quantity and quality to meet the needs of current and future human generations; restoration of salmon, steelhead, and trout populations to healthy harvestable levels; and the improvement of habitats on which fish and shellfish rely. These goals are addressed more specifically below: • Water Quantity — To assess water supply and use, and develop strategies to meet current and future needs. The strategies should retain or provide adequate amounts of water to protect and restore fish habitat, provide water for future out -of- stream -uses, and ensure adequate water supplies are available for agriculture, energy production, and population and economic growth under the requirements of the state's Growth Management Act. • Water Quality — To ensure the quality of our water is sufficient for current and future uses, including restoring and protecting water quality to meet the needs of salmon and shellfish, recreational uses, cultural uses, protection of wildlife, providing affordable and safe domestic water supplies, and other beneficial uses. The initial objectives of the water quality management strategy will be to meet the water quality standards. • Instream Flow —To supply water in sufficient quantities to restore salmon, steelhead, and trout populations to healthy and harvestable levels and improve habitats on which fish rely. • Fish Habitat — To protect or enhance fish habitat in the management area and to restore salmon, steelhead, and trout populations to healthy and harvestable levels and improve habitats on which fish rely. In 2010, the WRIA 1 Joint Board adopted a work plan, budget, and financing strategy, called the Lower Nooksack Strategy, to advance a negotiated settlement of Tribal and state instream flow water rights on the mainstem of the Nooksack River, while maximizing the economic and environmental benefits of out - of- stream water use in the Lower Nooksack sub - basin. The Joint Board adopted the Lower Nooksack Strategy consistent with WRIA 1 Watershed Management Plan priorities. Lower Nooksack Strategy Objectives: • Develop and implement a process for negotiating settlement of water rights on the Mainstem Nooksack River. • Update and verify the Lower Nooksack River sub -basin water budget and develop a groundwater model. • Determine out -of- stream water user needs: o Public water system needs determined by updated the Whatcom County Coordinated Water System Plan (CWSP). o Other out -of- stream user needs (e.g., agriculture, private domestic wells, industrial, etc.) determined through a regional water supply planning process. W April 24, 2018 • Continue and, if appropriate, enhance targeted streamflow and water quality sampling. • Advance work on tools that foster water resource allocations consistent with long -term economic and environmental land -use goals for implementation in five years. Streamflow Restoration Act (ESSB 6091 The Streamflow Restoration Act (ESSB 6091), enacted by the Washington State Legislature on January 18, 2018 and effective on January 19, 2018, directs the Department of Ecology to work with the initiation governments (i.e., the WRIA I Watershed Management Board), in collaboration with the planning unit established pursuant to chapter 90.82 RCW, on updating the WRIA 1 Watershed Management Plan for approval by the Whatcom County Council by February 1, 2019. The Act requires that the updated plan include recommendations for protects and actions that will measure, protect, and enhance instream resources and improve watershed functions that support the recovery of threatened and endangered salmonids. Such recommendations may include, but are not limited to, acquiring senior water rights, water conservation, water reuse, stream gaging, groundwater monitoring, and developing natural and constructed infrastructure, which includes, but is not limited to, such projects as floodplain restoration, off - channel storage, and aquifer recharge. Qualifying projects must be specifically designed to enhance streamflows and not result in negative impacts to ecological functions or critical habitat. At a minimum, the watershed plan must include those actions determined to be necessary to offset potential impacts to instream flows associated with permit- exempt domestic water use. The highest priority recommendations must include replacing the quantity of consumptive water use during the same time as the impact and in the same basin or tributary. Lower priority projects include projects not in the same basin or tributary and projects that replace consumptive water supply impacts only during critical flow periods. The watershed plan may include projects that protect or improve instream resources without replacing the consumptive quantity of water where such proiects are in addition to those actions determined to be necessary to offset potential consumptive impacts to instream flows associated with permit- exempt domestic water use. Until the updated watershed plan is approved and rules are adopted by the Department of Ecology, the County, in issuing building permits under RCW 19.27.097(1)(c) or approving subdivisions under chapter 58.17 RCW in WRIA 1, will comply with all of the specific requirements of ESSB 6091. So as to indicate Whatcom County's commitment to working with the Watershed Management Board on updating the Watershed Management Plan pursuant to ESSB 6091, add the following policy: Policy 1OF -11 Pursuant to ESSB 6091, Whatcom County will work through the Planning Unit and WRIA 1 Watershed Management Board and its established processes to update the WRIA 1 Watershed Management Plan, consistent with ESSB 6091, for approval by the Whatcom County Council by February 1, 2019. The updated plan shall include recommendations for projects and actions that will measure, protect, and enhance instream resources and 19 April 24, 2018 improve watershed functions that support the recovery of threatened and endangered salmonids. mum. the watershed clan must include those actions determined to necessary to offset potential impacts to instream flows associated with permit- exempt domestic water use. The highest priority recommendations must include replacing the quantity of consumptive water use during the same time as the impact and in the same basin or tributary. Lower priority protects include protects not in the same basin or tributary and protects that replace consumptive water supply impacts only during critical flow periods. The watershed plan may include projects that protect or improve instream resources without replacing the consumptive quantity of water where such projects are in addition to those actions determined to be necessary to offset potential consumptive impacts to instream flows associated with permit- exempt domestic water use. Watershed plan recommendations may include, but are not limited to, acquiring senior water rights, water conservation, water reuse, stream gaging, groundwater monitoring, and developing natural and constructed infrastructure, which includes, but is not limited_ to, such projects as floodplain restoration, off - channel storage, and aquifer recharge. Qualifying projects must be specifically designed to enhance streamflows and not result in negative impacts to ecological functions or critical habitat. Until the updated watershed plan is approved and rules are adopted, the County, in issuing building permits under RCW 19.27.097(1)(c) or approving subdivisions under chapter 58.17 RCW in WRIA 1 will comply with all of the specific requirements of ESSB 6091. 20