HomeMy WebLinkAboutord2022-061File ID: AB2022-489
File Created: 08/31/2022
Department: Planning and
Development Services
Department
Assigned to: Council
Agenda Date: 09/27/2022
Whatcom County
Agenda Bill Master Report
File Number: AB2022-489
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Version: 1 Status: Adopted as Amended
Entered by: CStrong@co.whatcom.wa.us
File Type: Ordinance Requiring a Public Hearing
Final Action: 09/27/2022
Enactment #: ORD 2022-061
Primary Contact Email: cstron2(a,co.whatcom.wa.us <mailto:cstrong n co.whatcom wa us>
TITLE FOR AGENDA ITEM:
Ordinance adopting various amendments to WCC Title 20, Zoning; Chapter 20.51 - Lake Whatcom
Watershed Overlay District and Chapter 20.71 - Water Resource Protection Overlay District, and
other references to the Department of Ecology Stormwater Manual
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Proposed amendments to the Lake Whatcom Watershed Overlay District (WCC 20.51), Water
Resource Protection Overlay District (WCC Chapter 20.71), and various WCC code provisions
addressing how the stormwater manual is referenced and approved for County use.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
09/13/2022 Council SUBSTITUTE INTRODUCED Council
FOR PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
09/27/2022 Council ADOPTED AS AMENDED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Printed on 912812022
Agenda Bill Master Report Continued (AB2022-489)
Attachments: Staff Report, Draft Ordinance, Substitute Exhibit A, Memo - Additional Proposed Amendments
from PDS 9.27, Exhibit A With Additional Proposed Amendments from PDS 9.27
Whatcom County Page 2 Printed on 912812022
PROPOSED BY: Planning
INTRODUCTION DATE: 9/13/22
ORDINANCE NO. 2022-061
ADOPTING VARIOUS AMENDMENTS TO WCC TITLE 20 (ZONING), CHAPTERS 20.51 (LAKE WHATCOM
WATERSHED OVERLAY DISTRICT) AND 20.71 (WATER RESOURCE PROTECTION OVERLAY DISTRICT),
AND OTHER REFERENCES TO THE DEPARTMENT OF ECOLOGY STORMWATER MANUAL
WHEREAS, The Whatcom County Council placed on the annual docket item PLN2021-00008,
directing staff to "amend the Lake Whatcom Watershed Overlay District (WCC 20.51) and the definition
of significant tree (WCC 20.97.436.4) to improve compliance with the Total Maximum Daily Load by
further reducing phosphorus loading impacts from development and improve tree protection
measures."
WHEREAS, Whatcom County has three geographic areas whose zoning is overlain by Watershed
Overlay Districts, which modify the underlying zoning by further restricting certain types of uses, adding
additional development and stormwater regulations and standards, and regulating the removal of trees
and tree canopy, all of which are designed to further protect our lakes' water quality and, in Lake
Whatcom's case, the primary source of the City of Bellingham's drinking water.
WHEREAS, there is public concern that too many trees continue to be removed from the
watersheds, which negatively affects water quality as trees contribute greatly to stormwater infiltration
and sediment and contaminant removal.
WHEREAS,
pursuant to the Washington State Constitution, the general police powers granted to counties
empower and authorize Whatcom County to adopt land use controls to provide for the regulation of
land uses within the County and to provide that such uses shall be consistent with applicable law; and,
FINDINGS OF FACT
1. The Whatcom County Council placed on the annual docket item PLN2021-00008, directing staff to
"amend the Lake Whatcom Watershed Overlay District (WCC 20.51) and the definition of significant
tree (WCC 20.97.436.4) to improve compliance with the Total Maximum Daily Load by further
reducing phosphorus loading impacts from development and improve tree protection measures."
2. Whatcom County Planning and Development Services has submitted an application to make various
amendments to Whatcom County Code (WCC) Title 20 Zoning to consider such amendments.
3. As some of the language of the Lake Whatcom Watershed Overlay District is also found in the
Watershed Protection Overlay District, for consistency's sake amendments to language in one
watershed overlay district are also being made in the other so as to remain consistent.
4. In considering such amendments, Council reviewed the Lake Whatcom Watershed Overlay District
and Water Resource Protection Overlay District codes for other issues, such as grammar, code
construction, unused code, outdated titles, etc. Most of the proposed amendments shown in Exhibit
A are to fix those types of issues.
5. Regarding Policy Issue #1: Reducing the threshold of how much new hard surface area is exempt
from installing a permanent stormwater management system in the Lake Whatcom Watershed
Page 1 of 3
Overlay district from 501 to 201 sq. ft. would cause more stormwater to be treated through a
stormwater system, thus reducing the amount of contaminants reaching Lake Whatcom.
6. Regarding Policy Issue #2: In all the watershed overlay districts, reducing the amount of tree canopy
that can be removed would preclude multiple acres of trees being cleared, which would reduce
stormwater impacts on the lakes.
7. Regarding Policy Issue #3: In the Lake Whatcom Watershed Overlay District it is duplicative and
therefore unnecessary for PDS to review and ensure permanent stormwater facilities are installed
for public stormwater improvement projects.
8. Regarding Policy Issue #4: Public Works has requested that Council amend the definition of "current
stormwater manual" and to reference it throughout the code, so that when the Department of
Ecology publishes a new stormwater manual the County Engineer must first approve its use in
Whatcom County, as this would give staff time to train on its use.
9. Regarding Policy Issue #5: In all the watershed overlay districts, there are several sections that are
never used and therefore unnecessary.
10. Regarding Policy Issue #6: Reducing the size of what's defined as a significant tree is found to be
unnecessary, as the canopy of smaller trees interspersed with the larger ones would not significantly
increase (and therefore retain more) canopy.
11. A determination of non -significance (DNS) was issued under the State Environmental Policy Act
(SEPA) on April 27, 2022. No comments were received.
12. Notice of the subject amendment was submitted to the Washington State Department of Commerce
on April 20, 2022, for their 60-day review. No comments have been received.
13. The Planning Commission held a duly noticed public hearing on the proposed amendments on May
12, 2022, and discussed these amendments at three subsequent meetings.
14. The County Council held a duly noticed public hearing on the proposed amendments on September
27, 2022.
15. The amendments are consistent with Comprehensive Plan goals and policies listed under section IV,
Comprehensive Plan Evaluation, of the staff report.
16. The amendments are consistent with the Growth Management Act, Whatcom County
Comprehensive Plan, Chapter 314-55 WAC, and other applicable requirements.
17. The proposed amendments reflect current local circumstances and promote the general public
health, safety, morals, and welfare.
CONCLUSIONS
1. The amendments are consistent with the Whatcom County Comprehensive Plan.
2. The amendments are in the public interest.
Page 2 of 3
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Code are hereby adopted as shown in Exhibit A.
ADOPTED this 27th day of September 2022.
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Page 3 of 3
Exhibit A: Proposed Amendments to the Lake Whatcom
and Watershed Resource Protection Overlay Districts and
the Stormwater Regulations
P/C Recommended Version, July 14, 2022; amended by Council P&D Committee on
9/13/22; and showing a reversion of amendments in 20.71.300 by staff on 9/26/22
Chapter 20.51 Lake Whatcom Overlay District
20.51.010 Purpose.
The Lake Whatcom Watershed Overlay District is intended to manage and treat stormwater runoff and
establish more stringent standards on clearing activities and reduce the phosphorus loading into Lake
Whatcom, in order to preserve and protect a unique and important water resource, Lake Whatcom. This
district is designed to protect the long-term viability of Lake Whatcom as a drinking water source, and to
comply with the requirements set forth by the Washington State Department of Ecology through the
pending Lake Whatcom total maximum daily load (TMDL) by limiting the phosphorus loading into Lake
Whatcom that results from land disturbing or conversion projects and work, and reduces phosphorus
loading from existing sources.
20.51.030 Area and Applicability.
(1) The Lake Whatcom Watershed Overlay District is an overlay zone that covers the entire geographic
area of the Lake Whatcom watershed within Whatcom County's jurisdiction, and applies to all land
disturbing or conversion projects, work, or activities within the overlay zone.
(2) In the event that the provisions of this chapter conflict with the provisions of the Shoreline
Management Program (WCC Title 23), Chapter 16.16 WCC, Critical Areas, the Whatcom County
Development Standards, the provisions of the underlying zoning district, or other applicable County
policies or regulations, then the most restrictive shall apply; provided, that the minimum setback
provisions established in WCC 20.51.340 shall prevail.
20.51.040 Conformance.
The provisions of this chapter overlay other permit and approval requirements of the Whatcom County
Code. All use and development shall conform to all relevant requirements and standards of:
(1) WCC Title 20, Zoning, except as modified by this chapter;
(2) The International Building and Fire Codes;
(3) Whatcom County Critical Areas Ordinance, Chapter 16.16 WCC;
(4) Flood damage prevention, WCC Title 17;
(5) Subdivision, WCC Title 21, except as modified by this chapter;
(6) The current Stormwater Manual, as amended and modified by this chapter;
(7) WCC Title 23, Shoreline Management Program;
(8) WCC Title 24, Health Code; and
(9) All other applicable official controls.
20.51.050 Permitted Uses.
All permitted uses in the underlying zone districts are permitted except as expressly prohibited, made
conditional, or further conditioned by this chapter.
.051 Private noncommercial greenhouses less than 250 square feet.
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
20.51.060 Accessory Uses.
All accessory uses in the underlying zone districts are permitted except as expressly prohibited or made
conditional, or further conditioned by this chapter.
20.51.070 Conditional Uses.
All conditional uses in the underlying zone districts shall remain conditional uses unless expressly
prohibited, made conditional, or further conditioned by this chapter. In addition, the following uses shall
only be conditionally permitted:
.071 On -site storage facilities for hazardous wastes associated with permitted uses or conditional uses,
other than cottage industries as defined in WCC 20.51.095, subject to the most current siting
criteria under Chapter 173-303 WAC within the Rural, Rural Forestry, Commercial Forestry,
Neighborhood Commercial, or Resort Commercial Zone Districts only.
.072 Retail or wholesale plant nurseries or greenhouses for storage, propagation, and culture of plants,
provided:
(1) Greenhouses shall not be larger than 1,000 square feet.
(2) Greenhouses and cultivated ground shall not be located within 250 feet of Lake Whatcom or
streams subject to the Shoreline Management Program; or 200 feet from fish -bearing streams
or 150 feet from non -fish -bearing streams and their tributaries that flow into Lake Whatcom.
(3) A monitoring program has been established to ensure that chemical and pesticide quantities
in stormwater runoff do not exceed state water quality standards. Complete control of
drainage from the operation shall be in effect. Such runoff will be tested for pollutants
bimonthly by a licensed water quality testing agency. All requirements will be met at the
owner's expense.
(4) No person shall apply a commercial fertilizer, either liquid or granular, that is labeled as
containing more than zero percent phosphorus or other compound containing phosphorus,
such as phosphate; provided, that such fertilizers may be used for establishment of new
vegetation in the first growing season.
073 Type I solid waste handling facilities, except:
(1) Moderate risk waste facilities; and
(2) Facilities in the Recreation and Open Space District.
20.51.080 Prohibited Uses.
In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited,
except as per Chapter 20.83 WCC:
.081 Dry cleaning establishments.
.082 Gas stations, service stations, combustion engine repair garages, and automotive wrecking yards.
.083 Sod farming.
.084 Aquaculture and mariculture projects.
.085 Fur farms.
.086 Confinement feeding operations.
.087 Asphalt and concrete batch plants.
.088 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program.
.089 Application of sewage sludge on land.
.090 On -site treatment facilities for hazardous wastes.
.091 Type I solid waste handling facilities, except those specified in WCC 20.51.073.
.092 Type II, Type III, and Type IV solid waste handling facilities.
.093 Golf courses.
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
.094 Cemeteries.
.095 Cottage industries that would require on -site hazardous waste storage facilities.
.096 Surface mining outside of designated Mineral Resource Lands (MRL) Special Districts; provided,
that surface mining, rock crushing, washing, and sorting subject to the Forest Practices Act
(Chapter 76.09 RCW) are permitted.
.097 Major passenger intermodal terminals.
.098 Freight railroad switching yards and terminals.
.099 Agriculture, including animal husbandry, horticulture, viticulture, floriculture, and the cultivation
of crops.
.100 Animal hospitals and accessory kennels and stables.
.101 Kennels and stables.
.102 Marijuana production or processing facilities.
20.51.300 Open Space.
Open space requirements shall be as follows:
(1) Open space areas shall be maintained in natural vegetation or landscaped per WCC 20.80.325.
(2) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23),
submerged lands and/or tidelands within the boundaries of any waterfront parcel that are
located waterward of the ordinary high water mark shall not be used in open space calculations.
20.51.310 Cluster Subdivisions.
The purpose of cluster subdivision is to provide a method of creating building lots with spatially efficient
sizes. Clustering is intended to consolidate development and associated infrastructure, reduce
development costs, and increase infrastructure efficiency. Clustering is also intended to help preserve
open space and the character of areas, reduce total hard surface area, and minimize development
effects on critical areas and associated buffers, as defined in Chapter 16.16 WCC, and resource lands.
Preservation of open space is thereby intended to reduce potential stormwater runoff and associated
impacts while assuring protection of viable, undeveloped, and naturally vegetated corridors for wildlife
habitat, protection of watersheds, preservation of critical areas, preservation of aesthetic values
including view corridors, and preservation of trail and/or recreation areas.
20.51.320 Cluster Design Standards.
The creation of new building lots within the Lake Whatcom Watershed Overlay District shall be subject
to the following design standards:
(1) Cluster subdivisions shall be required for all land divisions resulting in lots less than five acres in size,
with the exception of boundary line adjustments.
(2) A cluster subdivision shall include a permanent open space reserve area meeting the criteria
established in WCC 20.51.330.
(3) The minimum cluster lot size requirements of the underlying zone district shall apply.
(4) The maximum number of building lots in a lot cluster shall be 10.
(5) Clusters containing two or more lots of less than one acre within a proposed development shall be
separated by at least 80 feet.
(6) Clustered building lots may only be created through the subdivision, short subdivision or binding site
plan process pursuant to WCC Title 21.
(7) Building lots shall be designed and located to be compatible with, and avoid disturbance of, critical
areas or known archaeological sites, as well as physical constraints of the site.
(8) Building lots shall be arranged in a cluster/concentrated pattern.
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(9) A cluster subdivision shall have no more than two common encroachments on existing County roads
unless site constraints require additional road access. The arrangement of clustered building lots
shall be designed to avoid development forms commonly known as linear, straight-line or highway
strip patterns.
(10)As applicable, interior streets shall be designed to allow future vehicular access to any portion of the
reserve tract which may be divided into future building lots; provided, that the required permanent
open space reserve area, pursuant to WCC 20.51.330, shall not be further subdivided.
20.51.330 Open Space Reserve Area.
(1) For purposes of this title, an "open space reserve area" shall be defined as that portion of a
subdivision or short subdivision set aside in accordance with this chapter, and permanently
dedicated for active or passive recreation, critical area protection, natural resource or archaeological
site preservation, wildlife habitat and/or visual enjoyment, and shall be consistent with the
definition of "open space" pursuant to WCC 20.97.275.
(2) The open space reserve area shall be subject to the following provisions:
(a) The minimum open space reserve area shall be determined by the minimum cluster subdivision
reserve area requirements of the underlying zone district.
(b) A permanent open space reserve area shall be protected using one of the following
mechanisms:
(i) Placement in a separate non -building tract owned in common by all lots within the
subdivision; or
(ii) Covered by a protective easement or public or private land trust dedication; or
(iii) Otherwise preserved through a County -approved permanent protective mechanism that
provides the same level of permanent protection.
(c) The boundaries of the open space reserve area may be altered if the County finds that in
dedicating adjacent reserve areas it would further the objectives listed in WCC 20.51.310 by
increasing the area of reserve proportionately on the adjacent land being subdivided so that
there is no net reduction in open space reserve area.
(d) The purpose of the open space reserve area as defined in subsection (1) of this section shall be
recorded on the face of the final plat or short plat.
(e) The remaining unused development density and/or hard surface allowances remaining on the
parcel containing the open space reserve area, based on the gross density of the parent parcel,
may be assigned to that portion of the reserve tract not subject to the minimum area
requirements of subsection (2)(b) of this section. The density shall be recorded on the face of
the final plat or short plat. The development rights assigned to the reserve tract in accordance
with this subsection may not be transferred if the area associated with the reserve tract has
been transferred to the other building lots within the subdivision.
(f) The requirements stated in subsections (2)(c) and (d) of this section shall be recorded as a
restriction on the face of the final plat or short plat, and shall constitute an agreement between
Whatcom County and the current/future owner(s) of record that shall run with the land. Said
restriction(s) may be amended by mutual agreement between said parties after review for
consistency and compliance with the WCC Titles 20 (Zoning) and 21 (Land Division Regulations)
and Whatcom County Comprehensive Plan.
20.51.340 Building Setback/Buffer Areas.
(1) Setbacks for all properties within the overlay district shall be as follows: roads classified as state
highways, principal arterials, minor arterials, and collector arterials or major collectors shall have a
III
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
minimum setback of 30 feet; and roads classified as minor collectors, local access streets,
neighborhood collector or minor access streets shall have a minimum setback of 20 feet; provided,
that the road right-of-way meets the minimum standard for road rights -of -way pursuant to the
Whatcom County Development Standards.
(2) Roof overhangs or other overhanging architectural features shall not project further than 18 inches
into the side or rear yard setbacks. Such overhangs may extend three feet into the front yard
setback; however, in no case shall they extend more than one-half the depth of the front yard
setback.
20.51.350 Development Criteria.
20.51.360 Parking Space Dimensions.
A standard parking space shall have the rectangular dimensions of 10 feet in width and 20 feet in length;
provided, that for any parking area of six or more spaces, 50% of all spaces may have the rectangular
dimensions of eight feet in width and 15 feet in length; and further provided, that these spaces are
marked for use by compact automobiles. Except in single-family residential areas, all dimensions shall be
exclusive of driveways, aisles and other circulation areas required under WCC 20.80.560 and 20.80.570.
20.51.370 Parking Requirements.
Parking shall conform to the requirements of WCC 20.80.500 through 20.80.590 unless otherwise
specified in this section. Minimum parking requirements may be reduced through any of the following
methods:
(1) A shared parking agreement has been filed with the County Auditor establishing a shared parking lot
for land uses with noncompeting hours of operation, or for multitenant retail and commercial
facilities; provided, the parking lot is not located further than 700 feet from any of the uses it is
intended to serve.
(a) The minimum required parking in shared facilities shall be based on the land use with the
highest parking demand.
(b) Mixed use developments with similar operating hours may be required to submit a parking
demand study to determine if parking can be combined.
(2) A 20% reduction may be approved if an establishment is located within 1,000 feet of any regularly
scheduled bus stop.
(3) The Director determines that a reduced requirement will reduce overall hard surfaces while
maintaining consistency with this title.
20.51.390 Vehicular Access.
Driveways and curb cuts shall be minimized along all arterial and collector roads. Each existing lot shall
be allowed only one driveway or curb cut; adjacent lots are encouraged to share access points. In new
developments, lots or leased sites shall be oriented toward internal driveways, parking areas, or roads
with limited access to arterial or collector roads.
20.51.400 Roads, Curbs, Gutters, and Sidewalks.
The intent of this section is to reduce hard surfaces and stormwater runoff. Innovative street sections
that do not compromise public safety shall be encouraged in the watershed. Narrow streets and
reduced sidewalk standards that satisfy pedestrian and vehicular circulation requirements may be
implemented with the approval of the Whatcom County Public Works Department. Unless specifically
required, roads shall not be wider than the minimum applicable standard. A rural road standard may be
5
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
approved for urban density residential areas where the developer provides adequate off-street parking
and pedestrian walkways.
20.51.43.0 Seasonal Clearing Activity Limitations.
The intent of seasonal clearing activity limitations 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.
(1) County review and approval shall be required for all clearing activities associated with a fill and
grade permit, building permit, or other development proposal.
(2) Clearing activity, as defined in WCC 20.97.054, or forest practices regulated by Whatcom County
that will result in land disturbance exceeding 500 square feet shall be prohibited from October 111
through May 315Y; provided, that the 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 of approval requiring
commencement of clearing activity between October 15t and May 315Y for purposes of
minimizing surface water disturbance and site inundation by high water or wave action;
(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 Director prior to the activity. When prior notice is not feasible,
notification of the action shall be submitted to the Director 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;
(d) 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 Title; or
(e) The proposed activity consists of non -conversion forest practices regulated by the Department
of Natural Resources.
(3) To ensure compliance with subsection (2) of this section, the Director shall not issue development
permits requiring more than 500 square feet of land disturbance located within the Lake Whatcom
watershed from September 15t" through May 31St
(4) 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.
9
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(5) 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.
(6) Within the Lake Whatcom Watershed Overlay District, 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 Director 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 Whatcom County Development
Standards.
(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
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. A phased clearing
plan, if required, shall be submitted for review and approval by the 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 Director 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.
20.51.420 Permanent Stormwater Management Systems.
(1) Exemptions. This section does not apply to any of the following projects, work, or activities, though
other stormwater related regulations and/or standards might still apply; however, projects that
exceed these thresholds must obtain an applicable development permit even when the application
thresholds for that permit are not met.
(a) Installation, repair, or replacement of any of the following facilities:
(i) Below grade pipe, conduit, ductwork, or cabling and wiring (direct burial or conduit
encased);
(i i) Above grade utility or light poles or communication and/or data transmission systems
pedestals;
(iii) Below, at, and/or above grade appurtenances to any of the above respective facilities.
(b) Land disturbing activities (per Chapter 20.97 WCC definition) of less than 5,000 square feet in
total area, excluding any hard surface area work within the land area disturbed.
(c) Projects, work, or activities that will create less than:
(i) Two hundred one (201) square feet of previously nonexistent hard surface area and/or
replaced hard surface area (per Chapter 20.97 WCC definitions)
(d) If a legal nonconforming structure is unintentionally destroyed (e.g., from fire, wind, falling trees
or limbs, flooding), the nonconforming structure may be reconstructed using the existing
footprint. Damage repairs to existing hard surface areas and/or permeable pavement areas
within their same respective existing footprints are allowed. Expansion of nonconforming hard
surfaces shall be subject to this chapter.
(e) For a single-family dwelling that meets all of the following:
0
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(i) To be located within the platted boundaries of, and in general belonging to, an incorporated
homeowners' association; and,
(ii) Which association has a stormwater runoff management and phosphorus mitigation plan
that provides at least the same level of overall protection from and/or treatment of
phosphorus runoff to Lake Whatcom as would the application of subsection (2) of this
section to any of the individual parcels therein that may be developed; and,
(iii) Which plan is in effect through an ongoing implementation program, applicable to all newly
developed parcels within that association's boundaries, as well as to the association as a
whole; and,
(iv) Which plan and program have been agreed to by a memorandum of agreement between
Whatcom County and the incorporated homeowners' association; and,
(v) Permanent best management practices shall follow the NPDES standards in WCC 20.80.630.
(f) Public stormwater improvement projects intended to implement Total Maximum Daily Load
(TMDL) requirements.
(2) Best Management Practices (BMPs).
(a) Unless otherwise exempt per subsection (1) of this section, all projects, work, or activities,
including subdivisions, binding site plans, and nonexempt new short subdivision parcels,
proposed to occur within the Lake Whatcom Watershed Overlay District shall incorporate
presumptive BMPs and/or demonstrative BMPs, per subsection (2)(c) and/or (2)(d) of this
section, respectively, to:
(i) All projects, work, or activity affected:
(A) Land disturbing activities; and/or
(B) New and replaced hard surfaces.
(ii) Existing off -parcel phosphorus -unmitigated areas and/or on -parcel phosphorus -unmitigated
areas within the entire Lake Whatcom watershed at a 2:1 ratio of phosphorus -unmitigated
area to the corresponding project, work, or activity affected area(s) that subsections
(2)(a)(i)(A) and (B) of this section outline.
(iii) The developable areas and infrastructure as required for long and short subdivision
approval. A stormwater management plan for developable areas and required
infrastructure, consistent with the current Stormwater Management Manual, is required
prior to preliminary plat approval. Installation of required BMPs for infrastructure is
required prior to final plat approval.
(b) The development stormwater runoff (per Chapter 20.97 WCC definition) phosphorus loading
profile from each phosphorus -mitigated area noted in subsections (2)(a)(i) and (ii) shall not
exceed the corresponding natural stormwater runoff (per Chapter 20.97 WCC definition)
phosphorus loading profile from each respective phosphorus -mitigated area.
(c) Presumptive BMPs (per Chapter 20.97 WCC Definition). Presumptive BMPs, which are
combinable with each other and with demonstrative BMPs, follow:
(i) Downspout Full Infiltration. See the current Stormwater Management Manual, BMP T5.10A.
Use of these BMPs may require an engineered design.
(ii) Full Dispersion. See the current Stormwater Management Manual, BMP T5.30. This BMP
may require an engineered design. Where this BMP refers to native vegetation retention,
such requirements shall be consistent with WCC 20.51.440 (Tree retention associated with
development activity).
(d) Demonstrative BMPs (per Chapter 20.97 WCC Definition). Demonstrative BMPs, which are
combinable with each other and with presumptive BMPs, use engineered designs that, once
constructed or installed, and presuming that system preservation activities occur as prescribed
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
by the design engineer, will satisfy the current Stormwater Management Manual, Minimum
Requirements 3 through 9, disregarding any Minimum Requirement applicability thresholds
therein, while also conforming to at least one of the following:
(i) The engineered design limits the estimated phosphorus loading in development stormwater
runoff to less than 0.1875 lb. of P/acre/year. Engineered designs shall cite and use only
WSDOE-approved references for estimated phosphorus loading information and criteria.
(i i) The monthly development stormwater runoff volume does not exceed the monthly natural
stormwater runoff volume of the project, work, or activity affected areas, as determined by
a WSDOE-approved continuous runoff model.
(iii) Development stormwater runoff does not occur.
(3) System Recording, Protection, and Maintenance. A declaration of covenant shall be recorded for
each property where permanent stormwater BMPs exist. The covenant is used to protect the
stormwater management facilities from cover by hard surfaces, soil compaction, and damage by soil
removal and grade alteration, and ensure required maintenance occurs according to the schedule in
subsection (3)(c) of this section. A draft of the proposed covenant must be reviewed and approved
by Whatcom County prior to recording. All required covenants must be recorded prior to final
permit issuance for the proposed project.
(a) Notice on Title. For all permanent stormwater facilities, the type of stormwater system and
location shall be recorded with the County Auditor real estate records. The recording document
provides notice to future owners of the presence of stormwater system on the lot, and shall
contain:
(i) A site plan to scale, showing the location and descriptions of stormwater facilities,
treatment BMPs, terrain features, protective native growth areas, and stormwater
flowpaths.
(ii) Notice of the property owner's responsibility to retain, uphold, and protect the devices,
features, pathways, protective native growth areas, and operate and maintain BMPs at the
owner's expense.
(b) Protected Native Growth Area (PNGA). For projects that utilize dispersion for their stormwater
system, a protected native growth area covenant shall be required to:
(i) Include native plant species including, but not limited to, those on approved lists provided
by Whatcom County common to this region.
(i i) Be described in the recorded documents as "a Protected Native Growth Area established for
the purposes of dispersing and treating stormwater flows."
(iii) Retain all vegetation and trees within the PNGA at the time of permit application aside from
approved timber harvest activities and the removal of hazardous and diseased trees (as
defined in Chapter 20.97 WCC), an evaluation and determination by an ISA licensed arborist
may be required.
(iv) The PNGA can include on -site critical areas and its buffer.
(v) Limit uses in the PNGA to those specified in Chapter 16.16 WCC.
(vi) Provide a notice of activity, consistent with WCC 16.16.235, to remove trees within a PNGA
when a permit is not required by subsection (1) of this section, under the following
circumstances:
(A) Fire prevention methods when supported by the County Fire Marshal;
(B) Hazard trees, as defined in Chapter 20.97 WCC, are identified (an evaluation and
determination by a licensed arborist may be required);
(C) Encroachments where the trunk, branches, or roots would be or are in contact with
main or accessory structures; or
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(D) Where installation and/or maintenance of roads or utilities would unavoidably require
removal or cutting through the root system.
(c) Inspections and Maintenance.
(i) Inspections shall occur on at least an annual basis for all stormwater treatment and flow
control BMPs and facilities that were permitted in accordance with requirements adopted
pursuant to the 2013-2018 Ecology municipal stormwater permits, or later.
(i i) Inspections of all permanent stormwater treatment and flow control BMPs/facilities and
catch basins in new residential developments shall occur every six months until 90% of the
lots are constructed.
(iii) For every deficiency identified by inspection, said deficiency shall be addressed:
(A) Within one year for typical maintenance of facilities, except catch basins.
(B) Within six months for catch basins.
(C) Within two years for maintenance that requires capital construction of less than
$25,000.
20.51.430 Tree removal not associated with development activity.
(1) Permit Required for Removal of Trees. No person, directly or indirectly, shall remove any significant
tree(s) on any property within the Lake Whatcom watershed without first obtaining the appropriate
permit as provided in this section, unless the activity is exempted below:
(a) Removal of any hazard trees considered an emergency pursuant to the definition of "hazard
tree" in Chapter 20.97 WCC. Within 30 days after the emergency is abated the landowner shall
submit photo documentation with a form provided by Whatcom County.
(b) Pruning and maintenance of trees of up to 25% of the foliage.
(2) The removal of trees located within the shoreline jurisdiction or within critical areas or their buffers
is subject to additional regulations pursuant to WCC Title 23 (Shoreline Management Program) and
Chapter 16.16 (Critical Areas). Where additional regulations conflict the more stringent regulation
shall apply.
(3) Permit Application. At a minimum the following shall be submitted by the applicant:
(a) A complete permit application.
(b) A sketch for this purpose may be prepared by the homeowner or other lay person and shall
depict:
(i) The approximate location of significant trees, indicating those to be removed;
(ii) The species and canopy area (as determined pursuant to WCC 20.51.440(4));
(iii) The location of structures, driveways, access ways, and known easements.
(c) Canopy calculations (existing and proposed).
(d) For required replacement trees, a planting plan showing location, species, and 20-year canopy
area of the new trees in accordance to standards set forth in WCC 20.51.440(4) for calculating
20-year canopy coverage.
(e) Other information as required by the applicable permit application.
(4) Tree Removal Permit Application Procedure and Appeals. Applicants requesting to remove any
significant trees must submit a completed permit application on a form provided by the County.
(a) Applicable Permit.
(i) The permit application to remove trees within the shoreline jurisdiction is a shoreline permit
(WCC Title 23).
(i i) The permit application to remove trees within a critical area or a critical area buffer is an
Activity Allowed with Notification (WCC 16.16.235).
(iii) The permit application to remove trees in other areas is a tree removal permit.
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(b) The Director shall review the application within 21 calendar days and either approve, approve
with conditions or modifications, deny the application, or request additional information.
(c) The removal shall be completed within one year from the date of permit approval.
(d) The decision of the Director is appealable pursuant to WCC 22.05.160 (Appeals).
(5) Tree Removal Allowances. With the appropriate permit, any property owner may remove up to
20% but not to exceed 14,000 square feet, and as measured cumulatively from January 1, 2017, of
the existing canopy area, as defined by the dripline of the significant trees on their property;
provided, that:
(a) There is no active application for development activity for the site;
(b) No other Whatcom County regulation is more restrictive; and
(c) The tree(s) are not required to be retained or planted as a condition of previous development
activity.
At the Director's discretion, and on a case -by -case basis, additional canopy may be removed for:
(d) Firewise Management. When prescribed by a Firewise professional (e.g. Whatcom Conservation
District, Washington Department of Natural Resources, local fire districts, etc.), property owners
may remove more canopy than that specified above if done near existing or proposed structures
and it's the minimum necessary to reduce fire risk.
(e) Pest and Disease Outbreaks. Additional tree canopy may be removed when prescribed by an
ISA-certified arborist to control pest and disease outbreaks.
(6) Removal of Hazard Trees Exceeding the Standard Tree Removal Allowance. Any property owner
seeking to remove any number of hazard trees not considered an emergency pursuant to subsection
(1) of this section and exceeding the standard tree removal allowance of subsection (5) must submit
a tree risk assessment using an approved Whatcom County method prepared by a qualified
professional; provided, that removal of hazard trees in critical areas or their buffers shall be in
accordance with the requirements of Chapter 16.16 WCC. Said trees shall be replaced with native
species at a ratio of three trees for each tree removed.
(7) Penalties and Enforcement. Any significant trees damaged or removed without a permit shall be
replaced at a rate of three trees for each one damaged or removed and shall be subject to fines
pursuant to Chapter 20.94 WCC (Enforcement and Penalties). Said replacement trees shall meet the
following standards:
(a) Replacement coniferous trees shall be at least eight feet in height;
(b) Replacement deciduous trees shall be at least two and one-half inches in diameter (DBH);
(c) Replacement trees shall be species native to western Washington in order to restore and
enhance a site as nearly as practicable to its pre -removal character and function;
(d) The condition of replacement trees shall meet or exceed current American Nursery and
Landscape Association or equivalent organization's standards for nursery stock;
(e) Financial sureties for replacement trees may be required;
(f) Installation, maintenance, and care of required replacement trees shall be in accordance with
the International Society of Arboriculture's best management practices for arboriculture
including, but not limited to, soil assessment, sampling, amendments and conservation, and
spacing, which ensure the tree's long-term health and survival. Replacement trees shall not be
topped or otherwise be prohibited from their natural growth;
(g) The Director may consider smaller -sized replacement trees if the applicant can demonstrate
that smaller trees are more suited to the species, the site conditions, and the purposes of this
section, and that such trees will be planted in sufficient quantities to meet the intent of this
section.
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
20.51.440 Tree retention associated with development activity.
(1) Tree Canopy Retention.
(a) Tree canopy retention shall be required for all development applications and building permits
within the Lake Whatcom watershed, unless the activity is exempted below:
(i) Removal of any hazard trees pursuant to 20.51.430(1)(a).
(A) Tree Risk Assessment. If the hazard condition is not obvious, a tree risk assessment
prepared by a qualified professional explaining how the tree(s) meet the definition of a
hazard tree is required. Removal of hazard trees does not count toward the tree
removal limit if the hazard is supported by such a report and approved by the County.
(B) Trees in Critical Areas or Critical Area Buffers. For hazard trees in critical areas or critical
area buffers, tree removal shall be in accordance with the requirements of
Chapter 16.16 WCC.
(ii) Construction or maintenance of public or private roads and public or private utilities
including utility easements not related to development. Protection of trees shall be a major
factor in the location, design, construction, and maintenance of streets and utilities. These
improvements are subject to the purpose and intent of this section.
(iii) Pruning and maintenance of trees of up to 25% of the foliage.
(2) Tree Retention Plan Required.
(a) An applicant for a development permit must submit a tree retention plan that complies with this
section. A qualified professional may be required to prepare certain components of a tree
retention plan at the applicant's expense. The tree retention plan shall contain the following
information:
(i) A site plan with the following components:
(A) North arrow;
(B) Property boundaries;
(C) Existing structures;
(D) Site access;
(E) Tree canopy areas to be removed;
(F) The outer dripline of tree canopy areas to be retained;
(G) Critical areas including, but not limited to, slopes, wetlands, and habitat conservation
areas;
(H) Protection measures to be used for the critical root zone of retained trees; and
(1) Areas to be replanted pursuant to subsection (4) of this section;
(i i) For required replacement trees, a planting plan showing location, species, and 20-year
canopy area of the new trees and calculations of 20-year canopy coverage in accordance
with the standards set forth in subsection (4) of this section;
(iii) Provisions for maintenance and monitoring.
(3) Minimum Tree Canopy Retention. Development subject to the requirements of this section may
only remove up to a certain percentage (as shown in Table 20.51.440(3)) or 5,000 square feet,
whichever is greater, and as measured cumulatively from January 1, 2017, of the existing tree
canopy area, as defined by the dripline of the significant tree(s) on their property. In the event that
tree canopy areas in excess of the applicable threshold must be removed to facilitate reasonable use
of the site, or to eliminate hazard trees, new on -site plantings of native species shall be required to
attain the removed tree canopy coverage, calculated according to projected growth at 20 years
maturity consistent with Table 20.51.440(4).
(a) Tree canopy areas shall include all trees, excluding invasive species or noxious weeds, within the
gross site area.
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(b) Existing or planted tree canopy may be located within buffer landscaping, site landscaping,
critical areas and their buffers, open space reserve areas, reserve areas, reserve tracts or
easements where permanent restrictions are recorded on the face of the plat ensuring their
retention in perpetuity.
Table 20.51.440(3). Tree Canopy Removal Allowances when Associated with Development
Lot Size (acres)
Canopy Removal Allowance
(percentage of existing canopy)
Less than 1
35%
1 to less than 3
30%
3 to less than 10
20%
10 or greater
15%
(4) Measuring Tree Canopy. Site tree canopy shall be measured according to Table 20.51.440(4).
Calculation of existing and new tree canopy shall be submitted in writing by a qualified landscape
designer or a licensed land surveyor.
Table 20.51.440(4). Measuring Tree Canopy
Existing Canopy
New Canopy
Option 1 Tree Survey
Option 2 Aerial Estimation
20-Year Canopy Calculation
• Measure average canopy
• Obtain aerial imagery of
• For each proposed species:
radius (r) for each tree to
site
• Calculate radius (r) of canopy at 20 years
be retained
• Measure site boundaries
maturity
• Calculate existing canopy
• Measure canopies of
• Calculate canopy coverage using the
area using the formula:
individual trees or stand
formula: CA = 7Lr2
Canopy Area (CA) = nrZ
area using leading edges
• Multiply by the proposed quantity to be
• Total the sum of tree
as the forest boundary
planted to obtain total species canopy area
canopy areas and divide
• Divide total canopy
• Total the sum of species canopy area for all
by gross site area to
measurement by the
proposed species and divide by gross site
obtain canopy coverage
gross site area to obtain
area to obtain 20-year canopy coverage
percentage
canopy coverage
percentage
percentage
(5) Tree Protection Measures. The following tree protection measures shall be taken during clearing or
construction:
(a) During construction tree protective fencing shall be installed and maintained along the outer
edge of the drip line surrounding the trees retained in order to protect the trees during any land
disturbance activities. Said fencing shall not be moved to facilitate grading or other construction
activity within the protected area;
(b) Tree protective fencing shall be a minimum height of three feet, visible, and of durable
construction; orange polyethylene laminar fencing is acceptable; and
(c) Signs must be posted on the fence reading "Tree Protection Area."
(6) Significant Trees Retained as a Condition of Development Approval. Retained significant trees,
trees planted as replacements for significant trees, and trees planted to meet requirements in
subsection (3) of this section may not be removed except when determined in writing by a certified
arborist to constitute a hazard. Any replacement or significant trees removed without proper
documentation from a certified arborist shall be subject to a fine as determined under
Chapter 20.94 WCC.
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(7) Penalties and Enforcement. Any significant trees identified in a landscape plan to be retained, and
subsequently damaged or removed during site development shall be replaced at a rate of three
trees for each one damaged or removed and shall be subject to fines pursuant to Chapter 20.94
WCC (Enforcement and Penalties). Said replacement trees shall meet the following standards:
(a) Replacement coniferous trees shall be at least eight feet in height;
(b) Replacement deciduous trees shall be at least two and one-half inches in diameter (DBH);
(c) Replacement trees shall be species native to western Washington in order to restore and
enhance a site as nearly as practicable to its pre -removal character and function;
(d) The condition of replacement trees shall meet or exceed current American Nursery and
Landscape Association or equivalent organization's standards for nursery stock;
(e) Financial sureties for replacement trees may be required;
(f) Installation, maintenance, and care of required replacement trees shall be in accordance with
the International Society of Arboriculture's best management practices for arboriculture
including, but not limited to, soil assessment, sampling, amendments and conservation, and
spacing, which ensure the tree's long-term health and survival. Replacement trees shall not be
topped or otherwise be prohibited from their natural growth;
(g) The Director may consider smaller -sized replacement trees if the applicant can demonstrate
that smaller trees are more suited to the species, the site conditions, and the purposes of this
section, and that such trees will be planted in sufficient quantities to meet the intent of this
section.
Chapter 20.71 Water Resource Protection Overlay District
20.71.010 Purpose.
The Lake Samish and Lake Padden Water Resource Protection Overlay District is an overlay zone that is
intended to impose additional controls to preserve and protect unique and important water resources
within Whatcom County. This district is designed to protect the long-term viability of the Lake Samish
and Lake Padden watersheds while creating a regulatory framework to address the needs of these
watersheds that are not otherwise provided for in the underlying zone districts.
20.71.020 Application.
20.71.021 Area and applicability.
(1) The Water Resource Protection Overlay District is an overlay zone that covers the entire geographic
area of the Lake Samish and Lake Padden watersheds within Whatcom County's jurisdiction. For
purposes of this title, the Lake Samish watershed shall consist of that portion of the Friday Creek
subbasin of the Samish River watershed that lies within Whatcom County.
(2) This district may be expanded to include other areas through the annual zoning text amendment
process.
(3) The Lake Samish and Lake Padden watersheds are also designated as stormwater special districts
pursuant to WCC 20.80.635 and water resource special management areas pursuant to WCC
20.80.735.
(4) In the event that the provisions of this chapter conflict with the provisions of the Shoreline
Management Program (WCC Title 23), Chapter 16.16 WCC (Critical Areas), the Whatcom County
Development Standards, the provisions of the underlying zoning district, or other applicable County
policies or regulations, then the most restrictive shall apply; provided, that the minimum setback
provisions established in WCC 20.71.401 shall prevail.
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
20.71.050 Permitted uses.
All permitted uses in the underlying zone districts are permitted except as expressly prohibited, made
conditional, or further conditioned by this chapter.
.051 Private noncommercial greenhouses less than 250 square feet.
20.71.100 Accessory uses.
All accessory uses in the underlying zone districts are permitted except as expressly prohibited or made
conditional, or further conditioned by this chapter.
20.71.150 Conditional uses.
All conditional uses in the underlying zone districts shall remain conditional uses unless expressly
prohibited, made conditional, or further conditioned by this chapter. In addition, the following uses shall
only be conditionally permitted:
.151 On -site storage facilities for hazardous wastes associated with permitted or conditional uses,
other than cottage industries as defined in WCC 20.71.215, subject to the most current siting
criteria under Chapter 173-303 WAC within the Rural, Rural Forestry, Commercial Forestry,
Neighborhood Commercial, or Resort Commercial Zone Districts only.
.152 Retail or wholesale plant nurseries or greenhouses for storage, propagation, and culture of plants,
provided:
(1) Greenhouses shall not be larger than 1,000 square feet.
(2) Greenhouses and cultivated ground shall not be located within 250 feet of Lake Samish, Lake
Padden, or streams subject to the Shoreline Management Program; or 200 feet from fish -
bearing streams or 150 feet from non -fish -bearing streams and their tributaries that flow into
Lake Samish or Lake Padden.
(3) A monitoring program has been established to ensure that chemical and pesticide quantities
in stormwater runoff do not exceed state water quality standards. Complete control of
drainage from the operation shall be in effect. Such runoff will be tested for pollutants
bimonthly by a licensed water quality testing agency. All requirements will be met at the
owner's expense.
(4) No person shall apply a commercial fertilizer, either liquid or granular, that is labeled as
containing more than zero percent phosphorus or other compound containing phosphorus,
such as phosphate; provided, that such fertilizers may be used for establishment of new
vegetation in the first growing season.
.185 Type I solid waste handling facilities, except:
(1) Moderate risk waste facilities; and
(2) Facilities in the Recreation and Open Space District.
20.71.200 Prohibited uses.
In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited,
except as per Chapter 20.83 WCC (Nonconforming Uses and Parcels):
.201 Dry cleaning establishments.
.202 Gas stations, service stations, combustion engine repair garages, and automotive wrecking yards.
.203 Sod farming.
.204 Aquaculture and mariculture projects.
.205 Fur farms.
206 Confinement feeding operations.
207 Asphalt and concrete batch plants.
208 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program.
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
.209 Application of sewage sludge on land.
.210 On -site treatment facilities for hazardous wastes.
.211 Type I solid waste handling facilities, except those specified in WCC 20.71.185.
.212 Type II and Type III solid waste handling facilities.
.213 Golf courses.
.214 Cemeteries.
.215 Cottage industries that would require on -site hazardous waste storage facilities.
.216 Surface mining outside of designated Mineral Resource Lands (MRL) Special Districts; provided,
that surface mining, rock crushing, washing, and sorting subject to the Forest Practices Act
(Chapter 76.09 RCW) are permitted.
.217 Major passenger intermodal terminals.
.218 Freight railroad switching yards and terminals.
.219 Agriculture, including animal husbandry, horticulture, viticulture, floriculture, and the cultivation
of crops.
.220 Animal hospitals and accessory kennels and stables.
.221 Kennels and stables.
.222 Marijuana production facilities.
20.71.300 Open space and impervious Surfaces.
.301 Open space requirements shall be as follows:
(1) In the NC Zone at least 25% of the parcel shall be reserved as open space.
(2) Open space areas shall be maintained in natural vegetation or landscaped per WCC 20.80.325.
(3) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23),
submerged lands and/or tidelands within the boundaries of any waterfront parcel that are
located waterward of the ordinary high water mark shall not be used in open space
calculations.
.302 Impervious surface limitations shall be as follows:
(1) For uses in the UR, URM and RR Zone Districts, at least 80% of the lot or parcel shall be kept
free of impervious surfaces.
(2) For uses in the R Zone District, at least 90% of the lot or parcel shall be kept free of impervious
surfaces.
(3) Where subsection (1) or (2) of this section does not allow 2,500 square feet of total
impervious surface area, 2,500 square feet shall be allowed.
(4) Two or more lots of record consolidated pursuant to the provisions of WCC 20.83.070 shall be
treated as one undivided parcel for the purpose of calculating total allowable impervious
surface area. Where two or more lots or parcels are consolidated; are not subject to the
provisions of WCC 20.83.070; and are not subject to a permanent restrictive covenant that
precludes development of buildings, structures, or other improvements not otherwise
identified by said covenant, 4,000 square feet of impervious surface shall be allowed.
(5) Preexisting nonconforming impervious surfaces may be routinely maintained/repaired or
redeveloped; provided, that if 50% or greater of the preexisting nonconforming impervious
surface area is to be redeveloped, then the applicable impervious surface limitations of
subsections (1), (2), and (3) of this section shall apply. However, if a legal nonconforming
structure is destroyed, the nonconforming use may be reconstructed using the pre-existing
footprint. Expansion of nonconforming impervious surfaces shall be prohibited.
(6) A mobile home within an existing mobile home park may be replaced with a larger mobile
home (not to exceed a maximum of 1,500 square feet), provided there is not an increase in
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
the overall number of mobile homes in the park or any increase in other impervious surfaces
beyond the new mobile home footprint.
(7) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23),
submerged lands and/or tidelands within the boundaries of any waterfront parcel that are
located waterward of the ordinary high-water mark shall not be used in impervious/pervious
surface calculations.
(8) Any portion of a roof overhang or other overhanging architectural feature that projects
further than three feet from the footprint of a structure shall be calculated as impervious
surface.
(9) Alternative surface methods described in WCC 20.71.603 may be used.
20.71.350 Cluster subdivisions. (Adopted by reference in WCCP Chapter 2.)
The purpose of cluster subdivision is to provide a method of creating building lots with spatially efficient
sizes. Clustering is intended to consolidate development and associated infrastructure, reduce
development costs, and increase infrastructure efficiency. Clustering is also intended to help preserve
open space and the character of areas, reduce total hard surface area, and minimize development
effects on critical areas and associated buffers, as defined in Chapter 16.16 WCC, and resource lands.
Preservation of open space is thereby intended to reduce potential stormwater runoff and associated
impacts while assuring protection of viable, undeveloped, and naturally vegetated corridors for wildlife
habitat, protection of watersheds, preservation of critical areas, preservation of aesthetic values
including view corridors, and preservation of trail and/or recreation areas.
20.71.351 Cluster design standards. (Adopted by reference in WCCP Chapter 2)
The creation of new building lots within the Water Resource Protection Overlay District shall be subject
to the following design standards:
(1) Cluster subdivisions shall be required for all land divisions resulting in lots less than 5 acres in
size, with the exception of boundary line adjustments.
(2) A cluster subdivision shall include a permanent open space reserve area meeting the criteria
established in WCC 20.71.352.
(3) The minimum cluster lot size requirements of the underlying zone district shall apply.
(4) The maximum number of building lots in a lot cluster shall be 10.
(5) Clusters containing two or more lots of less than 1 acre within a proposed development shall be
separated by at least 80 feet.
(6) Clustered building lots may only be created through the subdivision, short subdivision, or
binding site plan process pursuant to WCC Title 21.
(7) Building lots shall be designed and located to be compatible with and avoid disturbance of
critical areas or other valuable or unique natural resources or known archaeological sites, as
well as physical constraints of the site.
(8) Building lots shall be arranged in a cluster/concentrated pattern.
(9) A cluster subdivision shall have no more than two common encroachments on existing County
roads unless site constraints require additional road access. The arrangement of clustered
building lots shall be designed to avoid development forms commonly known as linear, straight-
line, or highway strip patterns.
(10)As applicable, interior streets shall be designed to allow future vehicular access to any portion of
the reserve tract which may be divided into future building lots; provided, that the required
permanent open space reserve area, pursuant to WCC 20.71.352, shall not be further
subdivided.
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
20.71.352 Open Space Reserve Area. (Adopted by reference in WCCP Chapter 2)
(1) For purposes of this title, an "open space reserve area" shall be defined as that portion of a
subdivision or short subdivision set aside in accordance with this chapter, and permanently
dedicated for active or passive recreation, critical area protection, natural resource or archaeological
site preservation, wildlife habitat and/or visual enjoyment, and shall be consistent with the
definition of "open space" pursuant to WCC 20.97.275.
(2) The open space reserve area shall be subject to the following provisions:
(h) The minimum open space reserve area shall be determined by the minimum cluster subdivision
reserve area requirements of the underlying zone district.
(i) A permanent open space reserve area shall be protected using one of the following
mechanisms:
(i) Placement in a separate non -building tract owned in common by all lots within the
subdivision; or
(i i) Covered by a protective easement or public or private land trust dedication; or
(iii) Otherwise preserved through a County -approved permanent protective mechanism that
provides the same level of permanent protection.
(j) The boundaries of the open space reserve area may be altered if the County finds that in
dedicating adjacent reserve areas it would further the objectives listed in WCC 20.71.350 by
increasing the area of reserve proportionately on the adjacent Land being subdivided so that
there is no net reduction in open space reserve area.
(k) The purpose of the open space reserve area as defined in subsection (1) of this section shall be
recorded on the face of the final plat or short plat.
(1) The remaining unused development density and/or hard surface allowances remaining on the
parcel containing the open space reserve area, based on the gross density of the parent parcel,
may be assigned to that portion of the reserve tract not subject to the minimum area
requirements of subsection (2)(b) of this section. The density shall be recorded on the face of
the final plat or short plat. The development rights assigned to the reserve tract in accordance
with this subsection may not be transferred if the pervious surface area associated with the
reserve tract has been transferred to the other building lots within the subdivision.
(m) The requirements stated in subsections (2)(c) and (d) of this section shall be recorded as a
restriction on the face of the final plat or short plat, and shall constitute an agreement between
Whatcom County and the current/future owner(s) of record that shall run with the land. Said
restriction(s) may be amended by mutual agreement between said parties after review for
consistency and compliance with WCC Titles 20 (Zoning), 21 (Land Division Regulations), and the
Whatcom County Comprehensive Plan.
(n) For cluster subdivisions approved after December 7, 1999, that portion of the reserve tract kept
in pervious open space may be counted toward pervious surface area requirements for the
building lots in the subdivision on a prorated basis.
20.71.354 Tree removal not associated with development activity.
(1) Permit Required for Removal of Trees. No person, directly or indirectly, shall remove any significant
tree(s) on any property within the Water Resource Protection Overlay District without first obtaining
the appropriate permit as provided in this section, unless the activity is exempted below:
(a) Removal of any hazard trees considered an emergency pursuant to the definition of "hazard
tree" in Chapter 20.97 WCC. Within 30 days after the emergency is abated the landowner shall
submit photo documentation with a form provided by Whatcom County.
(b) Pruning and maintenance of trees of up to 25% of the foliage.
IN
Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(2) The removal of trees located within the shoreline jurisdiction or within critical areas or their buffers
may be subject to additional regulations pursuant to WCC Title 23 (Shoreline Management Program)
and Chapter 16.16 WCC (Critical Areas). Where additional regulations conflict the more stringent
regulation shall apply.
(3) Permit Application. At a minimum the following shall be submitted by the applicant:
(a) A complete permit application.
(b) A sketch for this purpose may be prepared by the homeowner or other lay person and shall
depict:
(i) The approximate location of significant trees, indicating those to be removed;
(ii) The species and canopy area (as determined pursuant to WCC 20.51.440(4));
(iii) The location of structures, driveways, access ways, and known easements.
(c) Canopy calculations (existing and proposed).
(d) For required replacement trees, a planting plan showing location, species, and 20-year canopy
area of the new trees in accordance to standards set forth in WCC 20.71.356(4) for calculating
20-year canopy coverage.
(e) Other information as required by the applicable permit application.
(4) Tree Removal Permit Application Procedure and Appeals. Applicants requesting to remove any
significant trees must submit a completed permit application on a form provided by the County.
(a) Applicable Permit.
(i) The permit application to remove trees within the shoreline jurisdiction is a shoreline permit
(WCC Title 23).
(i i) The permit application to remove trees within a critical area or a critical area buffer is an
Activity Allowed with Notification (WCC 16.16.235).
(iii) The permit application to remove trees in other areas is a tree removal permit.
(b) The Director shall review the application within 21 calendar days and either approve, approve
with conditions or modifications, deny the application, or request additional information. Any
decision to deny the application shall be in writing along with the reasons for the denial and the
appeal process.
(c) The removal shall be completed within one year from the date of permit approval.
(d) The decision of the Director is appealable pursuant to WCC 22.05.160.
(5) Tree Removal Allowances. With the appropriate permit, any property owner may remove up to
20% but not to exceed to 14,000 square feet, and as measured cumulatively from January 1, 2017,
of the existing canopy area, as defined by the dripline of the significant trees on their property;
provided, that:
(a) There is no active application for development activity for the site; and
(b) No other Whatcom County regulation is more restrictive; and
(c) The tree(s) are not required to be retained or planted as a condition of previous development
activity.
At the Director's discretion, and on a case -by -case basis, additional canopy may be removed for:
(d) Firewise Management. When prescribed by a Firewise professional (e.g. Whatcom Conservation
District, Washington Department of Natural Resources, local fire districts, etc.), property owners
may remove more canopy than that specified above if done near existing or proposed structures
and it's the minimum necessary to reduce fire risk.
(e) Pest and Disease Outbreaks. Additional tree canopy may be removed when prescribed by an
ISA-certified arborist to control pest and disease outbreaks.
(6) Removal of Hazard Trees Exceeding the Standard Tree Removal Allowance. Any property owner
seeking to remove any number of hazard trees not considered an emergency pursuant to subsection
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(1) of this section and exceeding the standard tree removal allowance of subsection (5) must submit
a tree risk assessment using an approved Whatcom County method prepared by a qualified
professional; provided, that removal of hazard trees in critical areas or their buffers,shall be in
accordance with the requirements of Chapter 16.16 WCC. Said trees shall be replaced with native
species at a ratio of three trees for each tree removed.
(7) Penalties and Enforcement. Any significant trees damaged or removed without a permit shall be
replaced at a ratio of three trees for each one damaged or removed and shall be subject to fines
pursuant to Chapter 20.94 WCC (Enforcement and Penalties). Said replacement trees shall meet the
following standards:
(a) Replacement coniferous trees shall be at least eight feet in height;
(b) Replacement deciduous trees shall be at least two and one-half inches in diameter (DBH);
(c) Replacement trees shall be species native to western Washington in order to restore and
enhance a site as nearly as practicable to its pre -removal character and function;
(d) The condition of replacement trees shall meet or exceed current American Nursery and
Landscape Association or equivalent organization's standards for nursery stock;
(e) Financial sureties for replacement trees may be required;
(f) Installation, maintenance, and care of required replacement trees shall be in accordance with
the International Society of Arboriculture's best management practices for arboriculture
including, but not limited to, soil assessment, sampling, amendments and conservation, and
spacing, which ensure the tree's long-term health and survival. Replacement trees shall not be
topped or otherwise be prohibited from their natural growth;
(g) The Director may consider smaller -sized replacement trees if the applicant can demonstrate
that smaller trees are more suited to the species, the site conditions, and the purposes of this
section, and that such trees will be planted in sufficient quantities to meet the intent of this
section.
20.71.356 Tree retention associated with development activity.
(1) Tree Canopy Retention.
(a) Tree canopy retention shall be required for all development applications and building permits
within the Lake Padden and Lake Samish watersheds, unless the activity is exempted below:
(i) Removal of any hazard trees pursuant to 20.71.354(1)(a).
(A) Tree Risk Assessment. If the hazard condition is not obvious, a tree risk assessment
prepared by a qualified professional explaining how the tree(s) meet the definition of a
hazard tree is required. Removal of hazard trees does not count toward the tree
removal limit if the hazard is supported by such a report and approved by the County.
(B) Trees in Critical Areas or Critical Area Buffers. For hazard trees in critical areas or critical
area buffers tree removal shall be in accordance with the requirements of Chapter 16.16
WCC.
(ii) Construction or maintenance of public or private roads and public or private utilities
including utility easements not related to development. Protection of trees shall be a major
factor in the location, design, construction, and maintenance of streets and utilities. These
improvements are subject to the purpose and intent of this section.
(b) Pruning and maintenance of trees of up to 25% of the foliage.
(2) Tree Retention Plan Required.
(a) An applicant for a development permit must submit a tree retention plan that complies with this
section. A qualified professional may be required to prepare certain components of a tree
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Exhibit A: Proposed Watershed Overlay District Amendments
Planning Commission Recommended Version
July 14, 2022
retention plan at the applicant's expense. The tree retention plan shall contain the following
information:
(i) A site plan with the following components:
(A) North arrow;
(B) Property boundaries;
(C) Existing structures;
(D) Site access;
(E) Tree canopy areas to be removed;
(F) The outer dripline of tree canopy areas to be retained;
(G) Critical areas including, but not limited to, slopes, wetlands, and habitat conservation
areas;
(H) Protection measures to be used for areas that will be undisturbed; and
(1) Areas to be replanted pursuant to subsection (4) of this section;
(ii) For required replacement trees, a planting plan showing location, species, and 20-year
canopy area of the new trees and calculations of 20-year canopy coverage in accordance
with the standards set forth in subsection (4) of this section;
(iii) Provisions for maintenance and monitoring.
(3) Minimum Tree Canopy Retention. Development subject to the requirements of this section may
only remove up to a certain percentage (as shown in Table 20.71.356(3) or 5,000 square feet,
whichever is greater, and as measured cumulatively from January 1, 2017, of the existing tree
canopy area, as defined by the dripline of the significant tree(s) on their property. In the event that
tree canopy areas in excess of the applicable threshold must be removed to facilitate reasonable use
of the site, or to eliminate hazard trees, new on -site plantings of native species shall be required to
attain the removed tree canopy coverage, calculated according to projected growth at 20 years
maturity consistent with Table 20.71.356(4).
(a) Tree canopy areas shall include all trees, excluding invasive species or noxious weeds, within the
gross site area.
(b) Existing or planted tree canopy may be located within buffer landscaping, site landscaping,
critical areas and their buffers, open space reserve areas, reserve areas, reserve tracts, or
easements where permanent restrictions are recorded on the face of the plat ensuring their
retention in perpetuity.
Table 20.71.356(3). Tree Canopy Removal Allowances when Associated with Development
Lot Size (acres)
Canopy Removal Allowance
(percentage of existing canopy)
Less than 1
35%
1 to less than 3
30%
3 to less than 10
20%
10 or greater
15%
(4) Measuring Tree Canopy. Site tree canopy shall be measured according to Table 20.71.356(4).
Calculation of existing and new tree canopy shall be submitted in writing by a qualified landscape
designer or a licensed land surveyor.
Table 20.71.356(4). Measuring Tree Canopy
Existing Canopy
New Canopy
Option 1 Tree Survey
Option 2 Aerial Estimation
20-Year Canopy Calculation
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Exhibit A: Proposed Watershed Overlay District Amendments
Planning Commission Recommended Version
• Measure average canopy
radius (r) for each tree to
be retained
• Calculate existing canopy
area using the formula:
Canopy Area (CA) = nr2
• Total the sum of tree
canopy areas and divide by
gross site area to obtain
canopy coverage
percentage
• Obtain aerial imagery of site
• Measure site boundaries
• Measure canopies of
individual trees or stand
area using leading edges as
the forest boundary
• Divide total canopy
measurement by the gross
site area to obtain canopy
coverage percentage
July 14, 2022
For each proposed species:
• Calculate radius (r) of canopy at
20 years maturity
• Calculate canopy coverage using
the formula: CA = nr2
• Multiply by the proposed quantity
to be planted to obtain total
species canopy area
• Total the sum of species canopy
area for all proposed species and
divide by gross site area to obtain
20-year canopy coverage
rcenta
(5) Tree Protection Measures. The following tree protection measures shall be taken during clearing or
construction:
(a) During construction tree protective fencing shall be installed and maintained along the outer
edge of the drip line surrounding the trees retained in order to protect the trees during any land
disturbance activities. Said fencing shall not be moved to facilitate grading or other construction
activity within the protected area;
(b) Tree protective fencing shall be a minimum height of three feet, visible, and of durable
construction; orange polyethylene laminar fencing is acceptable; and
(c) Signs must be posted on the fence reading "Tree Protection Area."
(6) Significant Trees Retained as a Condition of Development Approval. Retained significant trees,
trees planted as replacements for significant trees, and trees planted to meet requirements in
subsection (3) of this section may not be removed except when determined in writing by a certified
arborist to constitute a hazard. Any replacement or significant trees removed without proper
documentation from a certified arborist shall be subject to a fine as determined under Chapter
20.94 WCC.
(7) Penalties and Enforcement. Any significant trees identified in a landscape plan to be retained, and
subsequently damaged or removed during site development shall be replaced at a rate of three
trees for each one damaged or removed and shall be subject to fines pursuant to Chapter 20.94
WCC (Enforcement and Penalties). Said replacement trees shall meet the following standards:
(o) Replacement coniferous trees shall be at least eight feet in height;
(p) Replacement deciduous trees shall be at least two and one-half inches in diameter (DBH);
(q) Replacement trees shall be species native to western Washington in order to restore and
enhance a site as nearly as practicable to its pre -removal character and function;
(r) The condition of replacement trees shall meet or exceed current American Nursery and
Landscape Association or equivalent organization's standards for nursery stock;
(s) Financial sureties for replacement trees may be required;
(t) Installation, maintenance, and care of required replacement trees shall be in accordance with
the International Society of Arboriculture's best management practices for arboriculture
including, but not limited to, soil assessment, sampling, amendments and conservation, and
spacing, which ensure the tree's long-term health and survival. Replacement trees shall not be
topped or otherwise be prohibited from their natural growth;
(u) The Director may consider smaller -sized replacement trees if the applicant can demonstrate
that smaller trees are more suited to the species, the site conditions, and the purposes of this
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
section, and that such trees will be planted in sufficient quantities to meet the intent of this
section.
20.71.360 Seasonal Clearing Activity Limitations.
Land disturbing activities shall be limited seasonally pursuant to WCC 20.80.735(2)(d) (Water Resource
Special Management Areas).
20.71.400 Building setback/buffer areas.
.401 Setbacks for all properties within the overlay district shall be as follows: roads classified as state
highways, principal arterials, minor arterials, and collector arterials or major collectors shall have a
minimum setback of 30 feet; and roads classified as minor collectors, local access streets, neighborhood
collector or minor access streets shall have a minimum setback of 20 feet; provided, that the road right-
of-way meets the minimum standard for road rights -of -way pursuant to the Whatcom County
Development Standards.
.402 Roof overhangs or other overhanging architectural features shall not project further than 18 inches
into the side or rear yard setbacks. Such overhangs may extend three feet into the front yard setback;
however, in no case shall they extend more than one-half the depth of the front yard setback.
20.71.600 Development criteria.
20.71.601 Parking space dimensions.
A standard parking space shall have the rectangular dimensions of 10 feet in width and 20 feet in length;
provided, that for any parking area of six or more spaces, 50% of all spaces may have the rectangular
dimensions of eight feet in width and 15 feet in length; and further provided, that these spaces are
marked for use by compact automobiles. Except in single-family residential areas, all dimensions shall be
exclusive of driveways, aisles and other circulation areas required under WCC 20.80.560 and 20.80.570.
20.71.602 Parking requirements.
Parking shall conform to the requirements of WCC 20.80.500 through 20.80.590 unless otherwise
specified in this section. Minimum parking requirements may be reduced through any of the following
methods:
(1) A shared parking agreement has been filed with the County Auditor establishing a shared
parking lot for land uses with noncompeting hours of operation, or for multitenant retail and
commercial facilities; provided, the parking lot is not located further than 700 feet from any of
the uses it is intended to serve.
(a) The minimum required parking in shared facilities shall be based on the land use with the
highest parking demand.
(b) Mixed use developments with similar operating hours may be required to submit a parking
demand study to determine if parking can be combined.
(2) A 20% reduction may be approved if an establishment is located within 1,000 feet of any
regularly scheduled bus stop.
(3) The Director determines that a reduced requirement will reduce overall hard surfaces while
maintaining consistency with this title.
20.71.603 Alternative surfacing methods.
Alternative surfaces including, but not limited to, bark or wood mulch, washed gravel, grid/lattice
systems, permeable interlocking pavers, pervious concrete, porous asphalt, and other similar approved
materials are encouraged. Alternative surfacing methods may be approved for fringe or overflow
parking areas; emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways,
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
patios, driveways, and easement service roads in residential or commercial zones unless site constraints
make use of such materials detrimental to water quality. Utilization of alternative surfacing methods
shall be subject to review and approval by the Whatcom County public works department, the fire
marshal and/or the County Americans with Disabilities Act (ADA) coordinator for compliance with other
applicable regulations and development standards. Surfaces shall be considered hard surfaces under
WCC 20.71.300 unless the following conditions are met:
(1) Bark, wood mulch, and washed gravel shall be designed and installed so that all rain water
falling upon the alternative surface will be infiltrated directly beneath the alternative surface
without generating surface runoff based on the one-year/24-hour storm event.
(2) Other alternative surface methods shall be designed and installed in accordance with the
guidelines in the 2005 Low Impact Development Technical Guidance Manual for Puget Sound or
subsequent version, prepared by the Puget Sound Action Team (Publication No. PSAT 0503), as
applicable. No pervious surface credit shall be given for projects using an underdrain system.
20.71.604 Vehicular access.
Driveways and curb cuts shall be minimized along all arterial and collector roads. Each existing lot shall
be allowed only one driveway or curb cut; adjacent lots are encouraged to share access points. In new
developments, lots or leased sites shall be oriented toward internal driveways, parking areas, or roads
with limited access to arterial or collector roads.
20.71.700 Roads, curbs, gutters and sidewalks.
The intent of this section is to reduce hard surfaces and stormwater runoff. Innovative street sections
that do not compromise public safety shall be encouraged in the watershed. Narrow streets and
reduced sidewalk standards that satisfy pedestrian and vehicular circulation requirements may be
implemented with the approval of the Whatcom County Public Works Department. Unless specifically
required, roads shall not be wider than the minimum applicable standard. A rural road standard may be
approved for urban density residential areas where the developer provides adequate off-street parking
and pedestrian walkways.
20.80 Supplementary Requirements
20.80.630 Stormwater and drainage.
(1) Unless exempted in WCC 20.80.631 (stormwater and drainage, exemptions), all development
activity on lands within Whatcom County shall be subject to stormwater management requirements
as follows:
(a) NPDES Phase II Permit Area. Except in the Lake Whatcom Watershed Overlay District,
development activity inside the NPDES Phase II permit area shall comply with:
(i) The current Stormwater Manual;
(ii) Appendix 1, Minimum Technical Requirements, of the Western Washington Phase II
Municipal Stormwater Permit; and
(iii) Appendix 7, "Determining Construction Site Damage Transport Potential," of the Western
Washington Phase II Municipal Stormwater Permit.
(b) Lake Whatcom Watershed Overlay District. All development activity inside the Lake Whatcom
Watershed Overlay District shall comply with Chapter 20.51 WCC, Lake Whatcom Watershed
Overlay District, which satisfies all 2013 Western Washington Municipal Stormwater Permit
development and redevelopment requirements.
(c) Stormwater Special Districts. Except for areas within or that overlap with the NPDES Phase II
permit area (see subsection (1)(a) of this section), development activity inside stormwater
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
special districts (as defined by WCC 20.80.635) shall comply with the current Stormwater
Manual, using the following modified minimum requirements in the table below, and using the
current Stormwater Manual's definitions of terms for "stormwater site plan," "impervious
surface," "hard surface," "land disturbing activity," "project," "site," and "replaced hard
surface":
... (Editor's Note: The Modified Thresholds for Storm water Management Table Within Special
Stormwater Districts not shown as it's not being proposed to be amended)
(d) Outside (i) the NPDES Phase II Permit Area, (ii) the Lake Whatcom Watershed Overlay District,
and (iii) the Stormwater Special Districts. Development activity outside the NPDES Phase II
permit area, Lake Whatcom Watershed Overlay District, and stormwater special districts (as
defined by WCC 20.80.635) shall comply with the current Stormwater Manual, using the
following modified minimum requirements in the table below, the definitions for land use
intensity in subsection (e) of this section, and using the current Stormwater Manual's definitions
of terms for "stormwater site plan," "impervious surface," "hard surface," "land disturbing
activity," "project," "site," and "replaced hard surface":
... (Editor's Note: The Modified Thresholds for Storm water Management Table Outside the NPDES Phase
11 Permit Area, the Lake Whatcom Watershed Overlay District not shown as it's not being proposed to be
amended)
... (Editor's Note: Subsection (e) not shown as it's not being proposed to be amended)
(2) No project permit shall be issued prior to meeting the stormwater requirements of this section
and/or the current Stormwater Manual. Advisory Note: Certain stormwater discharges to natural
receiving waters are subject to state water quality standards and the requirements of the National
Pollutant Discharge Elimination System (NPDES). Hydraulic project approval (HPA) may also be
required if stormwater is discharged to a water body or stream that provides, or could provide,
habitat for fish.
20.80.631 Exemptions.
(2) Commercial agriculture practices (as defined in the current Stormwater Manual involving working
the land for production are generally exempt. However, the conversion from timberland to
agriculture and the construction of impervious surfaces are not exempt.
20.80.634 Stormwater conformance.
All development shall conform to the following requirements:
(1) General.
(a) Stormwater discharges must be controlled and treated as required by law.
(b) Best management practices (BMPs) shall be used to comply with the regulations in this chapter.
If appropriate BMPs are not referenced in the current Stormwater Manual, experimental BMPs
may be considered. However, experimental BMPs must be approved by the County prior to
implementation.
(2) Erosion and Sediment Control.
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Exhibit A: Proposed Watershed Overlay District Amendments July 14, 2022
Planning Commission Recommended Version
(a) All proposed projects that will clear, grade, or otherwise disturb the site shall provide erosion
and sediment control (ESC) that prevents the transport of sediment from the site to drainage
facilities, water resources and adjacent properties.
(b) Erosion and sediment controls shall be selected and applied in accordance with the current
Stormwater Manual.
Chapter 20.97 Definitions
20.97.091.1 Current Stormwater Manual.
"Current Stormwater Manual" means the County Engineer approved Washington State Department of
Ecology (WSDOE) Stormwater Management Manual for Western Washington edition that is in effect on
the date that the County receives a complete application for the project, work, or activity.
20.97.419 Significant tree.
Any evergreen tree 12 inches or greater in diameter at breast height (DBH) or deciduous tree 8 inches or
greater DBH. Diameter at breast height shall be measured four and one-half feet above existing grade.
The Director may authorize the exclusion of any tree, which for reasons of health or age is not desirable
to retain, from this definition.
26