HomeMy WebLinkAboutord2022-035strikeFile ID: AB2022-206
File Created: 03/25/2022
Department: Planning and
Development Services
Department
Assigned to: Council
Agenda Date: 04/26/2022
Whatcom County
Agenda Bill Master Report
File Number: AB2022-206
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Version: 1 Status: Adopted
Entered by: JFleisch@co.whatcom.wa.us
File Type: Ordinance Requiring a Public Hearing
Primary Contact Email: jfleisch@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 04/26/2022
Enactment #: ORD 2022-035
Ordinance relating to the Growth Management Act, adopting regulations for forest practices, adding a
new Whatcom County Code Chapter 20.76, and amending Chapter 20.80
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Proposed zoning code amendments necessary to receive sole regulatory jurisdiction from DNR over
Class I, II, III, and IV Forest Practices in Urban Growth Areas and Class IV - General Forest
Practices countywide
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
04/12/2022 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
04/26/2022 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Printed on 412712022
Agenda Bill Master Report Continued (AB2022-206)
Attachments: Staff Memo, Proposed Ordinance, Exhibit A - Proposed Zoning Code Amendments, Staff Report to
Planning Commission, Classes of Forest Practices, SEPA Threshold Determination Packet
Whatcom County Page 2 Printed on 4/27/2022
PROPOSED BY: PDs
INTRODUCTION DATE: 4112122
ORDINANCE NO. 2022- 035
RELATING TO THE GROWTH MANAGEMENT ACT; ADOPTING REGULATIONS FOR
FOREST PRACTICES; ADDING A NEW CHAPTER 20.76 WHATCOM COUNTY CODE
(WCC); AND AMENDING CHAPTER 20.80.
WHEREAS, the Growth Management Act, chapter 36.70A RCW (GMA), requires
Whatcom County (the "County") to regulate land use and development within the
County's jurisdiction; and
WHEREAS, RCW 76.09.240 of the Forest Practices Act requires those counties
planning under GMA with certain population and forest practices permitting thresholds to
adopt and enforce regulations over the forest practices in RCW 76.09.240(1)(a)(i) and (ii);
and
WHEREAS, the County meets the population and permitting thresholds in RCW
76.09.240(1)(a) of the Forest Practices Act, and therefore must adopt and enforce
regulations for forest practices as described in RCW 76.09.240; and
WHEREAS, RCW 76.09.240(2) of the Forest Practices Act requires a written
notification to the Department of Natural Resources and Department of Ecology sixty days
prior to adoption of the development regulations; and
WHEREAS, those forest practices described in RCW 76.09.240(1)(a)(i) and
(ii) of the Forest Practices Act occur on lands with a high likelihood to convert to a
nonforestry use, including lands both inside and outside of urban growth areas (UGAs) as
designated under RCW 36.70A.110; and
WHEREAS, RCW 76.09.460 of the Forest Practices Act requires the County to deny
all applications for permits or approvals, including building permits and subdivision
approvals, relating to nonforestry uses of land subject to a Washington State Department
of Natural Resources' notice of conversion to a nonforestry use for a period of six years or
until the actions listed in RCW 76.09.460(2) are satisfied; and
WHEREAS, RCW 76.09.470 of the Forest Practices act requires the County, upon
being contacted by a landowner about that landowner's intent to convert his or her land to
a nonforestry use within six years of receiving an approved forest practices application or
notification under the Forest Practices Act, to take specific actions that include coordinating
with the Washington State Department of Natural Resources and landowner to resolve any
outstanding final order or decisions issued by the Washington State Department of Natural
Resources, requiring the landowner to comply with chapter 43.21C RCW, if applicable, and
assessing if the
Page 1
condition of the land is in full compliance with the Whatcom County Code; and
WHEREAS, RCW 36.70A.570 of the GMA requires the County to adopt development
regulations that protect public resources, are consistent with or supplement the County's
critical areas regulations, require appropriate approvals for all phases of the conversion of
forest lands, including clearing and grading, and are guided by the planning goals of the
GMA and by the purposes and policies of the Forest Practices act when the County assumes
regulation of forest practices as described in RCW 76.09.240; and
WHEREAS, on March 15, 2022, the Whatcom County Forestry Advisory
Committee reviewed the proposed amendment; and
WHEREAS, notice of the Whatcom County Planning Commission hearing on the
proposed amendment was published in the Bellingham Herald on March 11, 2022; and
WHEREAS, the Whatcom County Planning Commission held a work session on the
proposed amendment; and
WHEREAS, the Whatcom County Planning Commission held a public hearing on the
proposed amendment and considered all testimony on March 24, 2022; and
WHEREAS, the Whatcom County Planning Commission forwarded its findings and
reasons for action to the County Council; and
WHEREAS, the Whatcom County Council has reviewed the Planning
Commission recommendation; and
WHEREAS, the Whatcom County Council held a work session in the Climate Action
and Natural Resources Committee on4/12/2022; and
WHEREAS, the Whatcom County Council held a public hearing on the
proposed amendment and considered alltestimony on 4/26/2022 ; and
WHEREAS, the Whatcom County Council hereby adopts the following
findings of fact and conclusions:
FINDINGS
1. An application for zoning code amendments was received by Whatcom
County on October 19, 2021
2. The proposed amendments were docketed by the Whatcom County Council on
March 8, 2022
3. A determination of non -significance (DNS) was issued under the State
Environmental Policy Act (SEPA) on February 14, 2022. The associated
Page 2
comment period ended February 28, 2022, and the appeal period concluded March
10, 2022.
4. The Whatcom County Forestry Advisory Committee reviewed and recommended
for approval the draft code, as amended, on March 15, 2022.
5. The Planning Commission held a duly noticed public hearing on the proposed
amendments on March 24, 2022.
6. Notice of the proposed amendment was sent to the Department of
Commerce on February 10, 2022.
7. On February 10, 2022, the Department of Commerce acknowledged receipt of the
notice, and that a copy of the notice had been forwarded to other state agencies.
8. The proposed amendment will have an effective date of August 1, 2022.
9. The Whatcom County Comprehensive Plan contains goals and policies that are
applicable to the proposal.
10. Goal 2D: Refine the regulatory system to ensure accomplishment of desired land
use goals in a fair and equitable manner.
Policy 2D-3: Streamline development regulations to eliminate unnecessary time
delays.
Currently, Class IV - General Forest Practice permits are processed by both
Whatcom County (through a Land Disturbance Permit) and DNR (Class IV -
General). DNR will not process the Class IV - General permit until a Land
Disturbance Permit is issued by Whatcom County. The DNR permit process takes a
minimum of 15 days. Upon transfer of jurisdiction, a DNR permit will not be
required, saving applicants a minimum of 15 days of permit processing time.
11. Goal 2D: Refine the regulatory System to ensure accomplishment of desired land
use goals in a fair and equitable manner.
Policy 2D-4: Coordinate permitting requirements among jurisdictions to
minimize duplication and delays.
Upon adoption of the proposed code amendments, DNR will no longer review Class
IV — General Forest Practices, as Whatcom County will have sole regulatory
jurisdiction. The DNR permit process takes a minimum of 15 days. Eliminating the
requirement for a DNR permit will save applicants a minimum of 15 days of permit
processing time
Page 3
12. Goal 3A: Minimize the time required for processing housing -related
development and construction permits in the interest of overall cost
reduction.
Policy 3A-1: Streamline and simplify existing and proposed permitting
processes.
Currently, Class IV - General Forest Practice permits are processed by both
Whatcom County (through a Land Disturbance Permit) and DNR (Class IV -
General). Adoption of the proposed code amendments will streamline the
permitting process, as DNR will no longer review these activities.
13. Goal 7D: Consistent with other goals of the county, strive for balanced, clear and
predictable overall policies, practices and regulations which do not
unnecessarily or inadvertently prevent, confuse, delay, or create costly hurdles
restricting effective and desirable economic development.
Policy 7D-1: Work with state and federal agencies to coordinate and
streamline environmental review.
As part of accepting regulatory jurisdiction, Whatcom County has coordinated
with the Department of Natural Resources, providing documentation that
demonstrates that Whatcom County Code meets the requirements for accepting
jurisdiction over these forest practices. DNR will review this documentation, in
coordination with the Department of Ecology, and provide Whatcom County with
a memorandum acknowledging Whatcom County has met the requirements for
receiving jurisdiction. Upon completion of this process, Class IV - General Forest
Practice permits will no longer be processed by DNR and these activities will be
reviewed solely by Whatcom County, eliminating permit delays and additional
costs presently experienced by applicants.
14. Goal 7D: Consistent with other goals of the county, strive for balanced, clear and
predictable overall policies, practices and regulations which do not
unnecessarily or inadvertently prevent, confuse, delay, or create costly hurdles
restricting effective and desirable economic development.
Policy 7D-6: Streamline and coordinate the permit process and sustain a
supportive customer service approach towards permitting.
Currently, Class IV - General Forest Practice permits are processed by both
Whatcom County (through a Land Disturbance Permit) and DNR (Class IV -
General). Adoption of the proposed code amendments will streamline the
permitting process, as DNR will no longer review these activities.
15. Goal 8H: Support increasing the viability of Whatcom County's forest
products industry.
Page 4
Policy 8H-1: Support improving the efficiency and flexibility of state and local
environmental regulations affecting the forest products industry, in order to assure
environmental protection and improve predictability for the forest products industry
while minimizing the regulatory costs to forest landowners.
Currently, Class IV - General Forest Practice permits are processed by both
Whatcom County (through a Land Disturbance Permit) and DNR (Class IV -
General). Adoption of the proposed code amendments will result in more efficient
permit issuance, as DNR will no longer review these activities. The DNR Class IV —
General permit process takes a minimum of 15 days and costs $1,500. Upon
transfer of jurisdiction, a DNR permit will no longer be required, saving applicants a
minimum of 15 days of permit processing time as well as permitting fees.
CONCLUSIONS
1. The subject zoning text amendments are consistent with the approval
criteria of WCC 22,10.060.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
Whatcom County Zoning Code shall be amended as shown in Exhibit A, effective on August
1, 2022.
BE IT FURTHER ORDAINED that if any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or unconstitutional; such
decision shall not affect the validity of the remaining portions of this ordinance. The Council
hereby declares that it would have passed this code and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases has been declared invalid or unconstitutional, then the
original ordinance or ordinances shall be in full force and effect.
\A,�IIH9NI[jp`1®
� O. � day of April 2022 e7tV
°m �1
�®® WHAT M COUNTY COUNCIL
ATTE 00� WHA COM COUNTY, WASHINGTON
Dana'°Brown- Council Todd Donovan, Council Chair
APPROVED AS TO FORM:
/s/ Royce Buckingham (approved via e-mail) / IL
Royce Buckingham
Civil Deputy Prosecutor
Page 5
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
S::;qJ
Satpal Si hu, County Executive
Approved ( )Denied
Date Signed:'t WAI-b,2U2�2.--
Exhibit A
EXHIBIT A: PROPOSED AMENDMENTS TO THE WHATCOM COUNTY CODE TO
TRANSFER REGULATORY JURISDICTION OF CERTAIN FOREST PRACTICES FROM
THE DEPARTMENT OF NATURAL RESOURCES TO WHATCOM COUNTY
Title 20 ZONING
Chapter 20.76 Forest Practices
Sections:
20.76.010
Authority and purpose
20.76.020
Definitions
20.76.030
Applicability
20.76.040
Exemptions
20.76.050
Relationship to other regulatory requirements
20.76.060
Administration and enforcement
20.76.070
Right of entry
20.76.080
Notification to the Washington State Department of Revenue.
20.76.100
Forest practices - permit required.
20.76.110
Conversion option harvest plan (COHP)
20.76.220
Six -year development moratorium
20.76.010 Authority and purpose
This chapter is established pursuant to the Forest PracticesAct, chapter 76.09 RCW, which provides for
the County's regulation and enforcement of certain forest practices on lands intended for conversion to
non -forestry uses within the County's jurisdictional boundaries. This chapter also sets forth procedures
and criteria for the Department of Planning and Development Services (Department) review of
Conversion Option Harvest Plans (COHPs) and the Department's imposition of the six -year development
moratorium and subsequent development requirements described in WCC 20.76.220.
20.76.020 Definitions
The definitions contained in RCW 76.09.020 of the Forest Practices Act and _in_WAC_222-16-010 and 222
16-050 of the Forest Practice Act's implementing regulations shall apply to all terms used in this chapter,
provided that the definitions contained in Whatcom County Code shall be applicable where not in
conflict with the Forest Practices Act and its implementing regulations.
20.76.030 Applicability
This chapter shall take effect on August 1, 2022. This chapter applies to the following:
(1) The following forest practices on lands within the County's jurisdiction:
(a) Forest practices classified by WAC 222-16-050 as Class I, II, III, IV -General, and IV -Special that are
within urban growth areas designated under RCW 36.70A.110, except for forest practices on
ownerships of contiguous forestland equal to or greater than 20 acres where the applicant
provides to the Department and the Washington State Department of Natural Resources (DNR)
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
a written statement of intent, signed by the forest landowner(s), not to convert to a use other
than growing commercial timber for 10 years. This statement must be accompanied by either:
(i) A written forest management plan acceptable to the Department; or
(ii) Documentation that the land is enrolled as forestland of long-term commercial significance
under the provisions of RCW 84.33;
b) Forest Dractices classified by WAC 222-16-050 as Class IV -General, outside urban growth areas
designated under RCW 36.70A.110, involving either timber harvest or road construction, or
both, on:
(i) Forestlands that are being converted to another use; or
(ii) Lands which under RCW 76.09.070, are not to be reforested because of the likelihood of
future conversion to urban development.
(2) Review of conversion option harvest plans described in WCC 20.76.110
(3) Imposition of the six -year development moratorium and subsequent development requirements
described in WCC 20.76.220.
20.76.040 Exempt activities
(1) The provisions of this chapter shall not apply to the following Class I Forest Practices.
(a) Culture and harvest of Christmas trees and seedlings.
(b) Road maintenance including placement of new gravel, within the roadway. Roadway is defined
by the Whatcom County Public Works Development Standards, Chapter 5 - Road Standards.
(c) Native tree planting and seeding.
(d) Loading and hauling timber from landings or decks.
(e) Emergency fire control and suppression.
(f) Forestry research studies and evaluation tests by an established research organization.
20.76.050 Relationship to other regulatory requirements
(1) Compliance with federal and state regulations. Applications filed pursuant to this chapter shall
comply with all applicable federal and state regulations, including but not limited to RCW 76.09 and
WAC 222. Where other agencies or entities have concurrent jurisdiction over the proposed forest
practice or development, and the Director determines that the permit conditions imposed by such
agencies or entities satisfy the requirements of this chapter, then those permit conditions may be
relied upon for the purpose of determining compliance with the requirements of this chapter.
(2) Compliance with other provisions of the Whatcom County Code. Applications and plans filed
pursuant to this chapter shall comply with all applicable provisions of the Whatcom County Code.
20.76.060 Administration and enforcement
(1) Permit recording and review fees associated with this chapter shall be in accordance with the
current Whatcom County Council's adopted Unified Fee Schedule.
(2) The enforcement of this chapter shall be under WCC 20.94.
20.76.070 Right of entry
By submitting an application under this chapter, the applicant consents to entry upon the subject site by
the Director during regular business hours for the purposes of making reasonable inspections, to verify
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
information provided by the applicant and to verify that work is being performed in accordance with
the approved plans and permits and the requirements of this chapter.
20.76.080 Notification to the Washington State Department of Revenue
The Director shall notify the Washington State Department of Revenue (DOR) within 60 days of
approving a forest practices permit issued under chapter 20.80. Such notification shall include the
following information:
(1) Landowner's legal name, address, and telephone number;
(2) Decision date of permit; and
(3) Parcel number and legal description (section, township, and range) of the subject site.
20.76.100 Forest Practices - Permit Required.
(1) An approved forest practices permit shall be obtained from the Department prior to conducting any
forest practices described in WCC 20.76.030(1).
(2) The Department shall process a forest practices permit application according to the procedures for a
Type 1 administrative decision under WCC 22.05 unless submitted concurrently with a Type 2
application under WCC 22.05, in which case the forest practices permit application shall be
consolidated and processed as a Type 2 permit application. Applications for a forest practices permit
shall be submitted and reviewed in compliance with the requirements in WCC 22.05 and may be
processed concurrently with other development applications.
(3) The Department shall not issue a forest practices permit if the subject site has been subject to a
notice of conversion to nonforestry use under RCW 76.09.060 during the six -year period prior to the
submission of the permit application.
20.76.110 Conversion Option Harvest Plan (COHP)
(1) Optional process. As an alternative to applying for a forest practices permit under WCC 20.76.100,
an applicant may choose to submit an application for a conversion option harvest plan (COHP), as
defined in WCC 20.97.086 that if approved, may preserve the landowner's option to convert forest
land to a non-commercial forest use without subjecting the site to the six -year development
moratorium in WCC 20.76.220.
(2) General requirements for a COHP approval to the Department.
(a) An application for a COHP approval shall be submitted in compliance with the submittal
requirements in WCC 22.05.
(b) An application for COHP approval shall be submitted prior to submittal of an application for
development and prior to conducting forest practices on the subject site.
(c) The Department shall review applications for COHP approvals for consistency with applicable
County regulations and policies, and may inspect the subject site prior to rendering a decision.
(3) COHP Review and Approval Process
(a) The Department shall review applications for COHP approvals for consistency with applicable
County regulations and policies, and may inspect the subject site prior to rendering a decision.
(b) The applicant has the burden of proving that the application for COHP approval complies with all
applicable laws.
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
(c) The Department may approve approve with conditions, or deny an application for a COHP
approval.
(d) The Department's approval of a COHP shall not release the applicant from the requirement to
reforest a site under chapter 222-34 WAC.
(e) An appeal of the Department's decision on an application for COHP approval must state the
basis for the appeal and be submitted in writing to the Director within 30 days of the
Department's decision date. The Director shall issue a written decision on the appeal to the
landowner and to the appellant within 30 calendar days of receipt of the appeal.
(4) Recording obligation. After the Department has approved the COHP, the applicant shall record it
with the County Auditor. The COHP shall be binding upon the landowner and the landowner's
successors in interest.
(5) Duration of a COHP approved by the Department The Department -approved COHP shall be valid for
a period of two years from its approval date.
20.76.220 Six -year development moratorium
(1) Applicability. The Department shall impose a six -year development moratorium on a site when any
of the following occurs:
(a) The Department receives a notice of conversion to nonforestry uses under RCW 76.09.060 from
DNR.
(b) The Department discovers a violation of a forest practices permit.
(c) The Department becomes aware that a landowner converted their land to a nonforestry use
without the proper permits or approvals that are required under this chapter.
(d) The Department discovers that any condition of an approved conversion option harvest plan
(COHP) has been violated.
(i) For the purposes of this subsection a violation of a COHP means exceeding the conditions
of the COHP such as, but not limited to:
(A) Enlarging the area approved to be harvested, or increasing the volume of timber
approved to be harvested; or
(B) Engaging in forest practices within a critical area or a critical area buffer as defined in
WCC 16.16.
(ii) If the Department discovers that any condition of a COHP is violated, denial of applications_
for permits or approvals shall be recorded from the date the associated forest practice
approval became effective.
(2) Duration of the six -year development moratorium. The Department must deny all applications for
permits or approvals:
(a) For a period of six years from the approval date of the applicable forest practices
application/notification or the date that the Department was made aware of the harvest
activities; or
(b) Until the following activities are completed for the land that is the subject of the notice of
conversion:
(i) Full compliance with the State Environmental Policy Act (RCW 43.21C), if applicable;
(ii) The DNR has notified the Department that any outstanding final orders or decisions it has
issued concerning the site have been resolved.
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
NO The Department determines that the subject site is in full compliance with the Whatcom
County Code. If full compliance is not found, the landowner must submit to the Department
a mitigation plan to address the violations. Required mitigation plans must be prepared by
the landowner and approved by the Department. Once approved, the mitigation plan must
be implemented by the landowner.
(3) Notification to the landowner of imposition of the six -year development moratorium.
(a) The Department shall notify the landowner when the following occurs:
(i) The Department receives a notice of conversion to a nonforestry use from the DNR for the
subject site; or
(ii) The Department has identified a violation of this chapter as described in subsection (1) of
this section.
(b) The notification shall contain the following:
(i) Name of landowner and tax parcel number;
(i i) Basis for the moratorium;
(iii) The effective date of the moratorium; and
(iv) Description of the appeal process.
41 Extent of application of the six-vear development moratorium. The six -year development
moratorium imposed by the Department shall apply to an entire site, unless the applicant can
demonstrate that the area subject to forest practices activities complies with all provisions of the
Whatcom County Code. Where such compliance is demonstrated, the moratorium shall only apply
to those portions of the site that were subject to the actions described in subsection (1) of this
section.
(5) Appeals.
(a) Appeals of a notice of conversion to a nonforestry use issued by the DNR can be appealed to the
Washington State Pollution Control Hearings Board under- RCW 43.21B.
(b) Appeals of the Department's imposition of the six -year development moratorium resulting from
actions described in subsections (1)(b), (c), (d) of this section can be appealed under the
procedures in WCC 22.05.
(6) Recording of the six -year development moratorium. The Department shall record the six -year
development moratorium with the County Auditor after the appeal deadline to challenge the
moratorium has expired or after all appeals have been resolved if any appeals have been filed.
Chapter 20.20 Urban Residential (UR) District
20.20.200 Prohibited uses.
20 20 207 Aerial application of chemicals including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I II III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.20.208 Slash burning when located within an Urban Growth Area.
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
Chapter 20.22 Urban Residential - Medium Density (URM) District
20.22.200 Prohibited uses.
20.22.207 Aerial application of chemicals, including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I II III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.22.208 Slash burning when located within an Urban Growth Area.
Chapter 20.24 Urban Residential - Mixed (UR-MX) District
20.24.200 Prohibited uses.
20.24.207 Aerial application of chemicals including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I II III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.24.208 Slash burning when located within an Urban Growth Area.
Chapter 20.32 Residential Rural (RR) District
20.32.200 Prohibited uses.
20.32.207 Aerial application of chemicals including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I, II, III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.32.208 Slash burning when located within an Urban Growth Area.
Chapter 20.36 Rural (R) District
20.36.200 Prohibited uses.
20.36.203 Aerial application of chemicals, including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I II III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.36.204 Slash burning when located within an Urban Growth Area.
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
Chapter 20.40 Agriculture (AG) District
20.40.200 Prohibited uses.
20 40.203 Aerial application of chemicals including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I II III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.40.204 Slash burning when located within an Urban Growth Area.
Chapter 20.42 Rural Forestry (RF) District
20.42.200 Prohibited uses.
20 42 203 Aerial application of chemicals including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I II III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.42.204 Slash burning when located within an Urban Growth Area.
Chapter 20.44 Recreation and Open Space (ROS) District
20.44.200 Prohibited uses.
20.44.203 Aerial application of chemicals, including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I II III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.44.204 Slash burning when located within an Urban Growth Area.
Chapter 20.59 Rural General Commercial (RGC) District
20.59.250 Prohibited uses.
20.59.253 Aerial application of chemicals, including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I II III or IV - Special Forest Practices, when located within an
Urban Growth Area.
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
20.59.254 Slash burning, when located within an Urban Growth Area.
Chapter 20.60 Neighborhood Commercial Center (NC) District
20.60.200 Prohibited uses.
20.60.203 Aerial application of chemicals including but not limited to pesticides and insecticides,
previously regulated bV the DNR as Class I, II, III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.60.204 Slash burning when located within an Urban Growth Area.
Chapter 20.61 Small Town Commercial (STC) District
20.61.200 Prohibited uses.
20.61.207 Aerial application of chemicals, including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I, II, III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.61.208 Slash burning, when located within an Urban Growth Area.
Chapter 20.62 General Commercial (GC) District
20.62.200 Prohibited uses.
20.62.203 Aerial application of chemicals, including but not limited to pesticides and insecticides,
previously regulated bV the DNR as Class I, II, III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.62.204 Slash burning when located within an Urban Growth Area.
Chapter 20.63 Tourist Commercial (TC) District
20.63.200 Prohibited uses.
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
20.63.203 Aerial application of chemicals, including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I, II, III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.63.204 Slash burning, when located within an Urban Growth Area.
Chapter 20.64 Resort Commercial (RC) District
20.64.200 Prohibited uses.
20.64.207 Aerial application of chemicals, including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I, II, III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.64.208 Slash burning, when located within an Urban Growth Area.
Chapter 20.66 Light Impact Industrial (LII) District
20.66.200 Prohibited uses.
20.66.204 Aerial application of chemicals, including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I, II, III or IV - Special Forest Practices, when located within an
rban Growth Area.
20.66.205 Slash burning, when located within an Urban Growth Area.
Chapter 20.67 General Manufacturing (GM) District
20.67.200 Prohibited uses.
20.67.203 Aerial application of chemicals, including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I, II, III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.67.204 Slash burning, when located within an Urban Growth Area.
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
Chapter 20.68 Heavy Impact Industrial (HI) District
20.68.200 Prohibited uses.
20.68.204 Aerial application of chemicals, including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I, II, III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.68.205 Slash burning, when located within an Urban Growth Area.
Chapter 20.69 Rural Industrial and Manufacturing (RIM) District
20.69.200 Prohibited uses.
20.69.203 Aerial application of chemicals, including but not limited to pesticides and insecticides,
Previously regulated by the DNR as Class I, II, III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.69.204 Slash burning, when located within an Urban Growth Area.
Chapter 20.70 Airport Operations (AO) District
20.70.200 Prohibited uses.
20.70.210 Aerial application of chemicals, including but not limited to pesticides and insecticides,
previously regulated by the DNR as Class I, II, III or IV - Special Forest Practices, when located within an
Urban Growth Area.
20.70.211 Slash burning when located within an Urban Growth Area.
Chapter 20.80 Supplementary Requirements
20.80.730 Land clearing.
20.80.731 Purpose.
The purpose of this section is to avoid or minimize impacts of clearing activity to adjacent and
downstream public or private property and to protect receiving water bodies. The regulations contained
in this section implement this goal by providing a reasonable standard for clearing land in Whatcom
10
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
County. It is also the purpose of this section to establish a c-County review process for larger clearing
projects to ensure these regulations are met.'* ;s a'-^ the ^ vese ^f*" seetie^ *^ pFevide preGedwr^�
and Fev*ew r=r*teFaa f9F clearing activity in cenneetien with eenveFsien eption harvest plans aPA-
20.80.732 Applicability.
All clearing activities including clearing of forest land, Class IV GeHeFal feFest practices applicatioHs
associated development meFateFia shall be subject to the provisions of the land clearing section unless
specifically exempted in WCC 20.80.733. No clearing activity approval shall be issued by the c-County
prior to meeting the requirements set forth in the County Develepmen* Stanch this chapter
and only when in compliance with federal, state and local regulations, including, but not limited to WCC
Chapter 16.16,t4e-jCritical Areas ^wee, WCC Chapter 16.08 (the Whateern County SEPA-
c-eZ Washington State Forest Practices pursuant to WAC Title 222, forest practices pursuant to
WCC 20.76, and WCC Title 23 t#e jShoreline Management Programl. Administrative provisions and
technical standards for implementing these regulations shall be contained in WCC 22.05tf}eW#ateem
20.80.733 Exemptions.
Any clearing activity that meets the following criteria shall be exempt from the clearing requirements of
this chapter:
(1) The proposed activity does not involve the conversion of forest land, is outside critical areas and
associated buffers, and is exclusively related to agriculture as defined in this tTitle; or
(2) The proposed activity consists of nonconversion forest practices regulated by the DNR,
Class 1V GeReFal ferest pFaetiees ep platted land, and ethe-F tha;4 the -se with an appFeved C914P
_110111 U.
r MUSIC!2
(3) The proposed activity is surface mining regulated under Chapter 78.44 RCW.
20.80.734 General Review Thresholds.
County review and approval shall be required prior to a clearing activity when any of the following land
clearing thresholds have been reached. If the clearing activity does not meet the threshold criteria,
sCounty review is not required. However, the owner is still subject to7 and must comply with, the
minimum requirements established in this chapter .
Review thresholds and additional requirements for water resource special management areas are
located in WCC 20.80.735.
(1) Five Thousand Square Foot Threshold on 30%t Slopes. The c-County shall review all proposed
clearing activities when a cumulative area of 5,000 square feet or greater of clearing activity is
proposed to take place on slopes 309,8-per-ee� or greater in gradient.
(2) One -Acre Threshold in
Ind, istrial ZeRing DistFiets within the nIPPES Phan n Area Boun ar-ycertain areas. The c-County
shall review all proposed clearing activities whieh that are one acre or greater, including projects less
than one acre that are part of a larger common plan of the development, in the following zoning
districts where the slope is less than 30%t in gradient:
11
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
• Urban Residential.
• Commercial.
• Rural Residential.
• Rural within the NPDES Phase II area boundaries, as delineated at the time that the c-County
determines that the development application is complete.
• Industrial within the NPDES Phase II area boundaries, as delineated at the time that the
cCounty determines that the development application is complete.
(3) Two -Acre Threshold in Rural Zoning Districts outside NPDES Phase II Area Boundaries. The county
shall review all proposed clearing activities which are two acres or greater when the activities are
proposed to take place in Rural Zoning Districts outside NPDES Phase II area boundaries and the
slope is less than 30 percent in gradient.
(4) Critical Areas and Associated Areas. The county shall review all clearing activities within a critical
area or critical area buffer, and all clearing activity greater than 500 square feet within 200 feet of a
waterbody regulated under WCC Title 23, or within 200 feet of a wetland habitat conservation area
(HCA), frequently flooded area, or geological hazard regulated under WCC Tide -Chapter 16.16.
20.80.735 Water Resource Special Management Areas.
The purpose of a water resource special management area is to establish a more stringent standard for
clearing activity in highly valued water resource areas, environmentally sensitive areas, or areas where
natural conditions are so unstable that clearing activity in the areas can result in hazardous conditions.
Implementation of best management practices, including phased clearing, tree retention and seasonal
clearing limitations, is intended to limit the amount of exposed soils on site that are susceptible to
erosion at any one time, thereby improving site stability during development and reducing potential for
transport of dissolved pollutants and sediments off site. Preservation of existing trees on site also
reduces the quantity and maintains the quality of stormwater leaving a site during and after
development activities by encouraging interception, infiltration, and evapotranspiration of rainfall and
surface runoff.
Whatcom County shall establish the following geographic areas as water resource special management
areas:
• Drayton Harbor watershed;
• Lake Padden watershed;
• Lake Samish watershed; and
• Birch Bay watershed.
(1) Water Resource Special Management Area Review Thresholds. County review and approval shall be
required for clearing activities which exceed the following thresholds. If the clearing activity does
not meet the threshold criteria, cCounty review is not required. However, the owner is still subject
to, and must comply with, the minimum requirements established in this chapter and in the
Whateem County Development Standar& the Source Control BMPs established in the most current
version of the Department of Ecology Stormwater Management Manual for Western Washington.
12
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
(a) Lake Samish and Lake Padden Watersheds. County review and approval shall be required for all
clearing activities associated with a fill and grade permit, building permit, or other development
proposal. Clearing activities which are not associated with a development permit shall require
cCounty review if they are:
(i) Five thousand square feet or greater during the dry season, June 1" through September
30t"; or
(ii) Five hundred square feet or greater during the wet season, October 1" through May 31"
(2) Within water resource special management areas, clearing activity must conform to the following
conditions:
(a) Temporary erosion and sediment control shall be installed and inspected prior to any clearing
activity. The shall conduct periodic inspections to ensure the
integrity of temporary erosion and sediment controls. Temporary erosion and sediment control
measures include, but are not limited to, installation of silt fencing, installation of check dams,
covering of excavation piles, and mulching of exposed soils, as specified in the `"'"^teem Ce—my-
Develepment
most current version of the Department of Ecology Stormwater
Management Manual for Western Washington.
(b) Phased Clearing. Construction activities and clearing activities shall be phased to limit the
amount of exposed soil that occurs at any one time, if determined to be appropriate by the
+ "„;cal ,d„ inistFate.Director, based on site characteristics or constraints including, but not
limited to, slopes, proximity to shorelines and wetlands. A phased clearing plan may be
required, and if so. ^ phased eleari„^ „'^„, ;f Fequired, shall be submitted for review and
approval by the teehnical administrate Director prior to any clearing activity and shall contain a
detailed construction schedule or timeline.
(c) Soil Stabilization. All disturbed areas shall be provided with soil stabilization within two days of
the time of disturbance. The +^^"„;eal ..dministraterDirector may approve an exemption to this
requirement when a tree canopy area retention plan includes a soil stabilization plan. This plan
component must specifically detail erosion and sediment control and stormwater runoff
measures that provide runoff control equal to or greater than the protection provided by the
standard two-day soil stabilization requirements of this section.
(d) Seasonal Clearing Activity Limitations. In the Lake Samish and Lake Padden watersheds,
clearing activity, as defined in WCC 20.97.054, that will result in exposed soils exceeding 500
square feet shall not be permitted from October 1st through May 315T; provided, that:
(i) In addition to the clearing activities exempted under WCC 20.80.733, the Zeeing
a��Director may approve an exemption to this requirement for the following
activities:
(A) Routine maintenance and repair of erosion and sediment control measures;
(B) Activities located at or waterward of the ordinary high water mark subject to state,
federal, and/or local (per Chapter 16.16 WCC and/or WCC Title 23) conditions E)f
appFev@4reguirements,requiring-including commencement of clearing activity during
the wet season, as defined in subsection (1)(a)(ii) of this section, for purposes of
minimizing surface water disturbance and site inundation by high water or wave action;
13
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
(C) Activities necessary to address an emergency that presents an unanticipated and
imminent threat to public health, safety, or the environment that requires immediate
action within a time too short to allow full compliance with this section. Upon
abatement of the emergency situation, the clearing activity shall be reviewed for
consistency with this chapter and may be subject to additional permit requirements;
provided, that the applicant shall make a reasonable attempt to contact the zening-
adMiR!StFaterDirector prior to the activity. When prior notice is not feasible, notification
of the action shall be submitted to the Director zening adffliniStFater as soon as the
emergency is addressed and no later than two business days following such action.
Emergency construction does not include development of new permanent protective
structures where none previously existed.
(ii) To ensure compliance with subsection (2)(e) of this section,
Whateem County planning aPA-
develepmeRt--ie�jhe Director shall not issue development permits requiring more than
500 square feet of land disturbance located within the Lake Samish or Lake Padden
watersheds within two weeks prior to the watershed seasonal closure on October 1st.
(iii) Soil disturbance associated with an exempt clearing activity shall be minimized to the
maximum extent practicable. The Director shall have the authority to
condition an exempt activity to ensure that temporary erosion and sediment control
measures will be implemented.
(iv) An exemption from the seasonal land clearing requirements of this section does not grant
authorization for any work to be done in a manner that does not comply with other
provisions of this chapter or other applicable development regulations.
(e) One Hundred Fifty Percent Violation Fines. When a violation occurs in an area designated as a
water resource special management area, the total fine assessment shall be increased to 150
percent of the standard penalty as provided for in Chapter 20.94 WCC, Enforcement and
Penalties.
20.80.736 Permit approval and inspection process.
+When sCounty review and approval is required to clear land, the c-County shall establish conditions for
approval through one of the following permits:
(1) Project Permit. When clearing activity is proposed as a part of a development proposal, the
submittal requirements contained in WCC 22.05the Whateem r,,unty Development Stan a
including temporary and permanent erosion control measures, must be submitted by the permit
applicant and approved by the c-County as part of a project permit application prior to any clearing
activity. Under this condition, a separate clearing permit shall not be required. Erosion control
inspections shall be required as a condition of the building permit at the time of footing inspection
sign off. If the site is subject to WCC 20.80.735, the provisions of WCC 20.80.735(2)(a) shall apply.
(2) Clearing Permit. A clearing permit shall be required when a clearing activity meets the established
threshold(s) and is the only activity taking place and when no other project permit is required by the
c-County for the proposal. Under this condition, submittal requirements contained in the WCC
22.05Whateem County Development StandaFds rhapteF 3 must be submitted with the clearing
permit application. Clearing activities wk+ethat qualify as conversions require additional review
pursuant to subsections (3)(a) through (c) of this section.
14
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
(3) Forest Practices GenveFsien Land Cleaf ^^ Permit consistent with WCC 20.76.
n�x��srs�Ts
20.80.737 Land clearing requirements.
(1) Site Containment. Significant amounts of eErosion, sediment, and other impacts resulting from any
clearing activity shall be contained on the site and may require temporary erosion/sedimentation
control measures before, during, and immediately following clearing. All clearing activity requiring
an approval must comply with the requirements of this chapter and these of the Whateem County
(2) Hazards. Clearing activities shall not result in off -site physical damage nor pose a danger or hazard
to life or property on- or off -site.
(3) Site -Specific Requirements. Additional site -specific requirements may be established after a site
visit by the ECounty. These requirements shall be based on specific site conditions and are limited to
timing limitations, additional temporary erosion and sedimentation control, and/or the mitigation of
hazardous or potentially hazardous conditions that pose a physical or environmental threat on- or
off -site.
{4}—Slash Removal in Urban Zoning Districts. In urban zoning districts slash shall be eit ieFremoved
from the site, or chipped and spread across the site within one year of project completion;_-G�
15
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
{�LL_Maintaining Established Buffers. Buffers as identified in the clearing permit, WCC 20.80.736(1)
or (2) or Forest Practices permit, WCC 20.76.11020 90 :739, shall be left undisturbed unless express
permission for clearing activity or tree removal is provided by the sCounty end- the -DNR where an
When approved by the c-County a e 9, tree removal
from buffers should be kept to a minimum. Unauthorized tree removal from established buffers will
result in an assessed penalty at a rate of twice the value of the merchantable timber. In the event of
a dispute between the landowner and the c-County over the established value, an assessment will be
made by a professional forester or arborist whose selection will be made by mutual agreement
between the c-County and the landowner. The fee for the services of the professional forester or
arborist shall be paid by the landowner or responsible party.
WLLA clearing activity will be considered to be complete once the site has been revegetated and
stabilized.
. .
.. �,.ON-
•- - ---... ... .. .- - •- . . . .. . ....
.. .• - ------ - -
•- - ---... .._ ...... ..-- •- . ... .
... .... .... .......
16
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
17
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
�nnr�rsw
The aFea that is pei:rnitted- te he developed puFsuant to this administFative exception shall
- ---- I one aGFe in size unless site and/eF well and septic censtraints require a largeF
aFea, in whieh case the area developed is net to exceed two acres. Access Feads shall net be
18
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
..
�,..
,,..
regulatieRs.-
(b) Review GFiteFia. One siRgle family dwelliRg, peFmitted aecessery structures, lawns and
19
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
Chapter 20.97 Definitions
20.97.053 Clearing.
"Clearing" means destruction of vegetation by manual, mechanical, or chemical methods resulting in
exposed soils.
20.97.054 Clearing activity.
"Clearing activity" means clearing taking place on a single parcel of record or as part of a single project.
Fill and grade activities regulated by the c-County are considered a clearing activity.
20.97.085 Conversion.
"Conversion to a use other than commercial timber operation" means a bona fide conversion to an
active use which is incompatible with timber growing (WAC 222-16-010). The following forest p,-aetie
qualify as forest (RCW 76 09 050)•
(1) FeFest praetiees that eceur on lands platted after januaFy 1, 1960, as provided in Chapter 58.17
20.97.086 Conversion option harvest plan (COHP).
"Conversion option harvest plan (COHP)" means a voluntary plan developed by the landowner and
approved by the c-County prior to submittal to the Department of Natural Resources, indicating the
limits of harvest areas, road locations, critical area buffers, and open space. The plan provides the
landowner with the opportunity to log under a DNR Class II, III, or IV special permit without a c-County
project permit while maintaining the option to convert the land at a later date. Under this e ndi'li � I.
4 mpesition of a sb( year moFateFium en futuFe development wall not apply.
20.97.157 Forest land.
"Forest land" means all land which is capable of supporting a merchantable stand of timber and is not
being actively used for a use which is incompatible with timber growing.
20
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
20.97.158 Forest practice.
"Forest practice" means any activity conducted on or directly pertaining to forest land and related to
growing, harvesting,_ or processing timber (Ch^ teF 222 16 WAG) including, but not limited to: (1) road
and trail construction; (2) fertilization; (3) prevention and suppression of diseases and insects; or other
activities wh*rh that qualify as a use or development subject to the Forest Practices Act.
20.97.160.1 Forested area.
"Forested area" means the area encompassed by the tree canopy and any native vegetation that occurs
within the boundaries of the tree canopy.
20.97.194.1 Land disturbing activity.
"Land disturbing activity" means activity that results in a movement of earth or a change in the existing
soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing
activities include but are not limited to clearing, grading, filling, a4+d-excavation, and - ✓Gcompaction
4—associated with stabilization of structures and road construction Shall be considered ^ 1^"A
di-s+„rhing aa:vity. Vegetation maintenance practices are not considered a land -disturbing activity.
Stormwater facility maintenance is not considered a land disturbing activity if conducted according to
established standards and procedures.
20.97.271 Nonconversion.
"Nonconversion" means the continued use of land for forest production. The twothree following
situations qualify as nonconversions of forested land:
(1) A standard forest practice where the Department of Natural Resources is in charge of all aspects
of the forest practices including applications, notifications, permits, harvesting, replanting, etc.
(2) A conversion option harvest plan (COHP), as provided for in WCC 20. 84 6.110, approved
by the local government and submitted to the Department of Natural Resources as part of the
forest practices application allows a forest landowner who is unsure about their future plans for
their property to harvest their timber and also maintain the option to convert their land at a
later date without the imposition of the six -year moratorium.
20.97.436.1 Tree canopy.
"Tree canopy" means the total area of the tree(s) where the leaves and outermost branches extend,,—L
also known as the dripline.
20.97.436.3 Tree height.
(1) "Small tree" generally indicates a height of less than 25 feet at maturity;
(2) "Medium tree" generally indicates a height of more than 25 feet and less than 40 feet at maturity;
(3) "Large tree" generally indicates a height of more than 40 feet at maturity.
20.97.436.4 Tree, significant.
Any evergreen tree, 12 inches or greater in diameter at breast height (DBH) or deciduous tree, eight
inches or greater DBH. Diameter at breast height shall be measured four and one-half feet above
21
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
existing grade. The dDirector ef planning and development serviees may authorize the exclusion of any
tree, which for reasons of health or age is not desirable to retain, from this definition.
22
Exhibit A: Proposed Amendments to Transfer Regulatory Jurisdiction of Certain Forest Practices to
Whatcom County March 31, 2022
Title 22 — LAND USE AND DEVELOPMENT
Chapter 22.05 — Project Permit Procedures
22.05.020 Project Permit Processing Table.
23