HomeMy WebLinkAboutord2022-066• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2022-529
File ID: AB2022-529 Version: 1 Status: Adopted as Amended
File Created: 09/20/2022 Entered by: JLassite@co.whatcom.wa.us
Department: Council Office File Type: Ordinance Requiring a Public Hearing
Assigned to: Council Final Action: 10/25/2022
Agenda Date: 10/25/2022 Enactment #: ORD 2022-066
Primary Contact Email: dbrown@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance approving a system of rates and charges for the Whatcom Conservation District
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This ordinance approves a system of rates and charges pursuant to RCW 89.08.405 on all lands in
those portions of the Whatcom Conservation District located within Whatcom County for a period of
ten years.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
09/27/2022 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 6 Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 1 Elenbaas
Absent: 0
10/25/2022 Council ADOPTED AS AMENDED
Aye: 4 Buchanan, Donovan, Frazey, and Galloway
Nay: 3 Byrd, Elenbaas, and Kershner
Absent: 0
Attachments: Proposed Ordinance, Exhibit A, Exhibit B, Exhibit C, Exhibit D, RCW 89.08A00 - Special
Assessment for Natural Resources, RCW89.08.405 - Rates and Charges, District Proposal -
Whatcom County Page 1 Printed on 1012712022
Agenda Bill Master Report Continued (AB2022-529)
Binder 1, District Proposal - Binder 2, Presentation WCD R and C Proposal, Notice Posted
On -Site, Public Notification Tracking as of 10.19.2022, Facebook Announcement, Notice of
Hearing after 10. 1 1.2022.pdf, Notice of Hearing in Point Roberts Press for 10.25.2022, Notice of
Hearing Lynden Tribune for 10.25.2022
Whatcom County Page 2 Printed on 1012712022
1
2
3 PROPOSED BY: WHATCOM CONSERVATION DISTRICT
4 INTRODUCTION DATE: SEPTEMBER 27, 2022
5
6 ORDINANCE NO. 2022-066
7
8 APPROVING A SYSTEM OF RATES AND CHARGES FOR THE WHATCOM
9 CONSERVATION DISTRICT ON PROPERTIES LOCATED IN UNINCORPORATED AND
10 INCORPORATED WHATCOM COUTY
11
12 WHEREAS, RCW 89.08.405 authorizes county legislative authorities to approve a
13 system of rates and charges for conservation districts to fund activities and programs to
14 conserve natural resources and other exercise of authority for the public health, safety and
15 welfare as authorized by law; and
s:
17 WHEREAS, the Whatcom County Conservation District (District) has developed and
18 proposes a system of rates and charges to provide basic funding for District activities within
19 Whatcom County; and
20
21 WHEREAS, the District is a governmental subdivision of the State of Washington,
22 organized under chapter 89.08 RCW to provide for the protection of the public health, safety
23 and welfare, including protection and conservation of natural resources throughout
24 Whatcom County; and
25
26 WHEREAS, the District's proposal includes a spending plan for projects and program
27 activities as authorized by chapter 89.08 RCW that will support properties and property
28 owners within both incorporated and unincorporated Whatcom County; and
29
30 WHEREAS, pursuant to RCW 89.08.400 and .405, the District conducted public
31 hearings on the proposal on July 7, 2022, and July 11, 2022; and
32
33 WHEREAS, the Board of Supervisors of the Whatcom Conservation District passed
34 Resolution No. 22-02 on July 25, 2022, to submit a proposed system of rates and charges
35 to the Whatcom County Council; and
36
37 WHEREAS, the Board of Supervisors of the Whatcom Conservation District passed
38 Resolution No. 22-03 on July 25, 2022, to provide a process for individual property owner
39 appeals of a rate or charge applied to a parcel of property; and
40
41 WHEREAS, Whatcom Conservation District transmitted its resolutions and request to
42 approve and to fix the rates and charges consistent with chapter 89.08 RCW to Whatcom
43 County on July 29, 2022; and
44
45 WHEREAS, the revenue from the rates and charges will allow the District to:
46 a Exercise its authority, including the continued protection of the public health,
47 safety and welfare and protection and conservation of natural resources
48 throughout Whatcom County
49 0 Obtain grant funding and support local conservation programs
50 0 Address water quality and conservation programs related to endangered
51 salmon species
52 0 Provide for other natural resource protection requirements and needs, such as
53 the protection and conservation of farm lands; and
Page 1
2 WHEREAS, support for the District's proposed programs has come from many
3 different organizations and agencies across the County; and
4
5 WHEREAS, programs to be supported by the system of rates and charges are
6 consistent with policies in the Whatcom County Comprehensive Plan regarding the
7 conservation of agriculture and protection of important fish habitat; and
8
9 WHEREAS, the system of rates and charges was developed following an extensive
10 rate study prepared for the Conservation District by FCS Group, an independent financial
11 consulting firm that provides economic, public finance, management consulting and financial
12 (rates, charges and fees) services to public sector entities throughout the country, including
13 city and county governments, utilities, municipal corporations and ports, special purpose
14 districts and state agencies. FCS Group evaluated the services provided by the District and
15 has developed a rate structure that allocates the costs of District services to classes of
16 property; and
17
18 WHEREAS, the Board of Supervisors of the Whatcom Conservation District, in
19 adopting Resolution No. 22-02, considered and adopted Findings and Determinations that
20 support the system of rates and charges and the application to properties and property
21 owners in the unincorporated and incorporated areas of the County; and
22
23 WHEREAS, notice of the public hearings held by the Board of Supervisors of the
24 Conservation District were posted in thirty-two places throughout the incorporated and
25 unincorporated areas of Whatcom County beginning on June 23, 2022; published on the
26 District web page beginning June 22, 2022; and published in The Bellingham Herald on June
27 24, 2022, and July 1, 2022, the Lynden Tribune on June 29, 2022, and the Northern Light
28 on June 30, 2022; and
29
30 WHEREAS, pursuant to RCW 89.08.400 and .405, the Whatcom County Council
31 conducted a public hearing on October 25, 2022 to consider the proposed rates and
32 charges; and
33
34 WHEREAS, notice of the public hearing held by the Whatcom County Council was
35 posted in at least five locations throughout the District and published in The Bellingham
36 Herald for two consecutive weeks, with the last notice at least five days before the hearing
37 on October 9, 2022 and October 16, 2022, published in The Lynden Tribune on October 12,
38 2022 and October 19, 2022, and published in the Northern Light on October 20, 2022; and
39
40 WHEREAS, imposition of the system of rates and charges by and for the District is
41 in furtherance of the public health, safety and welfare and in the interest of the citizens of
42 Whatcom County.
43
44 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
45
46 Section 1. The Whatcom County Council hereby approves a system of rates and charges
47 pursuant to RCW 89.08.405 on all lands in those portions of the Whatcom Conservation
48 District located within Whatcom County for a period of ten years, beginning collection in
49 January 2023 through 2032, consistent with Whatcom Conservation District Resolution No.
50 22-02 (the "Rate Resolution"), as outlined in Exhibit A, which is attached hereto and
51 incorporated herein by this reference.
52
Page 2
Section 2. The schedule of rates and revenue calculations is approved as shown in Exhibit
B, which is attached hereto and incorporated herein by reference.
4 Section 3. The rate schedule approved in this Ordinance as shown in Exhibit B shall be
5 applied by the District as a separate item against each parcel (subject to a rate) on the tax
6 rolls, and the District shall at its expense prepare a roll setting forth each parcel to be
7 charged and the amount of unpaid charges for each parcel to be charged as set forth
8 herein, and transmit the same to the County Assessor and Treasurer, and the County
9 Treasurer shall collect and account in the manner required for property taxes. In recognition
10 of changes of use and of property during the period authorized hereunder (including
11 creation of new lots), and the potential for inadvertent error in classification of parcels and
12 the application of use codes, the Conservation District is authorized to modify and correct a
13 parcel's identification and applicable rate in its submittals to the County Assessor and
14 Treasurer. Any appeal of such rate and charge shall be conducted and determined by the
15 District pursuant to RCW 89.08,405 and District Resolution 22-03 as shown in Exhibit D,
16 which is attached hereto and incorporated herein by reference. The District shall promptly
17 transmit any revision to the rates and charges applicable to a parcel or parcels as the result
18 of its determination upon appeal to the County Assessor and Treasurer, and the District
19 shall refund any amount paid which it determines upon appeal to be in error. The cost and
20 administrative resources necessary to collect from a parcel that does not receive a property
21 tax statement from the County Treasurer may not be economically justified. As a result, if
22 the District includes in the roll transmitted to the County Assessor and Treasurer parcels
23 subject to the rates and charges approved by this Ordinance, not otherwise required by law
24 to receive a property tax statement, the District will pay to the County Treasurer the
25 allocable cost of mailing statements to that parcel, in addition to the otherwise applicable
26 cost of collection. The amount of a rate shall constitute a lien against the land that shall be
27 subject to the same conditions as a tax lien, collected by the County Treasurer in the same
28 manner as delinquent real property taxes, and subject to the same interest rate and penalty
29 as for delinquent property taxes.
30
31 Section 5. As provided in RCW 89.08.405(6), the County Treasurer shall deduct an amount
32 from the collected rates and charges, as established by the county legislative authority, to
33 cover the costs incurred by the county assessor and county treasurer in spreading and
34 collecting the rates and charges, but not to exceed the actual costs of such work.
35
36 Section 6. The District shall administer its program and expenditures pursuant to its annual
37 program of work and rates and charges budget. The 2023 Program of Work with Proposed
38 Rates & Charges Appropriation Budget" is attached hereto as Exhibit C, and incorporated
39 herein by reference. The District shall provide, by no later than September 1 of each year,
40 copies of its annual program of work and rates and charges budget to Whatcom County. The
41 District shall also provide annual reports at this time, detailing work completed the prior
42 year. The annual reports shall describe progress achieved towards work plan goals and
43 report any barriers towards achieving work plan goals. The annual program of work, the
44 rates and charges budget, and the annual reports shall be filed with the clerk of the
45 Whatcom County Council.
46
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Section 7. This Ordinance is enacted under the County's police power authority, including
Const. Art. XI, Section 11 and RCW 36.32.120, and its authority under chapter 89.08 RCW.
ADOPTE[?: thl§!�<Pay of October , 2022.
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Dana town-Vis, r4 fk of fhe Council
WHATCQ,,M COU.NTY''EXECUTIVE
APPROVE` ASS TQ FORM
/s/ Karen Frakes (approved via e-mail 10125122) / A
Civil Deputy Prosecutor
1
WHATCQ, l COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Todd Donovan, Council Chair
WHA OM COUNTY, W INGTON
Satpal Sidhu, County Executive
Approved ( ) Denied
Date Signed: J)dQ baAe—
EXHIBIT A
WHATCOM CONSERVATION DISTRICT
WHATCOM COUNTY, WASHINGTON
RESOLUTION NO. 22-02
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
WHATCOM CONSERVATION DISTRICT, WHATCOM
COUNTY, WASHINGTON, RELATING TO A SYSTEM OF
RATES AND CHARGES; PROPOSING A SYSTEM OF RATES
AND CHARGES TO WHATCOM COUNTY, WASHINGTON;
AND PROVIDING FOR OTHER MATTERS PROPERLY
RELATED THERETO, ALL AS MORE PARTICULARLY SET
FORTH HEREIN.
SECTION 1. FINDINGS AND DETERMINATIONS. The Board of
Supervisors ("Board") of the Whatcom Conservation District ("District") hereby makes and enters
the following findings and determinations:
1.1. The District is a governmental subdivision of the State of Washington and a public
body corporate and politic, created in Whatcom County and operating since 1946, As a
requirement for District formation, the State Conservation Commission found that "the public
health, safety, and welfare warrant the creation" of the District. RCW 89,08.100. In addition, the
Legislature made express findings relating to conservation districts, stating that "the preservation
of these lands is necessary to protect and promote the health, safety, and general welfare of its
people" and that "it is hereby declared to be the policy of the legislature to provide for the
conservation of the renewable resources of the state ... and thereby ... to protect and promote the
health, safety, and general welfare of the people of this state." RCW 89.08.010. Under chapter
89.08 RCW, the Legislature has provided that the programs, services, and improvements of the
District are necessary to the public health, safety and welfare of the District and the state. The
District exercises its fiznctions throughout Whatcom County and currently in the cities of
Bellingham, Blaine, Everson, Ferndale, Lynden, Nooksack, and Sumas.
1.2 Past and continuing improper land -use practices have caused and contributed to a
progressively more serious erosion and degradation of the lands of the District. It is necessary that
land -use practices contributing to soil erosion be discouraged and discontinued, and that efforts to
provide for appropriate soil -conserving land -use practices, works of improvement for flood
prevention, and efforts furthering agricultural and nonagricultural phases of conservation,
development, utilization and disposal of water, be adopted and carried out to preserve natural
resources, protect public and private lands, and protect and promote the health, safety and general
welfare of the people of the District (the "Conservation Projects"). The District programs assist
in managing land for sustainable, profitable production of food and crops as a better alternative
than leaving lands to become filled with noxious weeds or converted to polluting activities. Many
District programs are designed to help private land owners, residents, and managers of land do a
better job of protecting natural resources as they make a living from or using their land.
RESOLUTION NO. 22-02 Page I of 13
EXHIBIT A
1.3 Pursuant to chapter 89.08 RCW, the District is responsible for and authorized to
tarty out Conservation Projects within the District, including but not limited to soil conservation;
measures to address property compliance with federal, state and local laws and regulations,
including Clean Water Act standards or Endangered Species Act requirements; aquatic and upland
habitat protection, restoration, and technical assistance; NPDES support; educational and
demonstrational projects; water quality monitoring; rain garden programs; invasive species control
services; and assistance relating to stewardship of working lands, such as agriculture and forest
land. District Conservation Projects and improvements include, but are not limited to education,
technical assistance, and financial incentives that promote the sustainable uses of natural resources
through responsible stewardship and are describes as follows:
1.3.1 The District works directly with private landowners, residents, and land
managers who have direct control over management activities on their lands, for the benefit of
those properties and the land and waters of. the District. The District does this by conducting
personal site visits, developing conservation best management practice, and stewardship plans, and
conducting community education workshops, tours, and trainings on topics such as livestock
management, shoreline protection and enhancement, watersheds, salmon, native plants, and stream
ecology.
1.3.2 The District conducts cooperative activities to protect and enhance aquatic
resources upon urban, suburban and rural properties by coordinating, designing, and implementing
stream corridor improvement projects that control infestations of invasive species such as
knotweed, blackberry, and Reed canary grass, and plant trees and shrubs to revegetate riparian
corridors. The District contributes to conserving and protecting threatened and endangered
salmonid species by designing and installing fish passage barrier removal projects.
1.3.3 The District conducts cooperative activities to maintain and reopen
recreational and commercial shellfish production areas by conducting workshops, tours, and
trainings and. providing technical assistance to reduce pathogens, nutrients, erosion and
sedimentation that damage shellfish beds.
1.3.4 The District conducts cooperative activities to improve water quality and
conserve water by promoting best management practices at fairs, other public events, workshops,
tours, and trainings on topics such as water quality protection and enhancement, stormwater
management, and water conservation. The District conducts site visits and coordinates; designs,
and implements water quality and quantity best management practices with landowners, residents,
and land managers who have direct control over water management practices and activities on
their lands. The District manages and maintains a County -wide water quality data warehouse by
collating regional water quality data and sharing data analysis with regional partners, The District
maintains the Application Risk Management System (ARM) to avoid polluted runoff, and partners
with municipalities and other partners on specific projects to address local Total Maximum Daily
Loads (TMDL). The District awards targeted incentives, including financial assistance (cost -share,
conservation rebates, etc.) to reduce polluted runoff and conserve water, and provides manure
spreading equipment in combination with application plans to reduce polluted runoff. All of these
projects offset the cost of Clean Water Act compliance for jurisdictions and ratepayers.
RESOLUTION NO. 22-02 Page 2 of 13
EXHIBIT A
1.3.5 The District leads storinwater management projects at the request of
partners (cities and Wbatcom- County) to help those jurisdictions meet NPDES permit
requirements and offset burdens on rates and charges for storm water management programs.
1.3.6 The District conserves and protects high quality agricultural soils and other
working lands by providing landowner education and development of best management practices
plans to help fanners and livestock owners comply with State mandates and County regulations,
thereby offsetting the cost and burden of certain agricultural impacts, The District provides
technical assistance and funding opportunities to retain and steward high quality agricultural soils
(e.g., CREP). The District awards targeted incentives, including financial assistance (cost -share)
to reduce soil erosion, improve soil tilth, and support better and more regular access to local
agriculture products. The District provides equipment to support local food production (e.g.,
poultry processing unit).
1.3.7 The District conducts cooperative activities to improve the climate
resilience of woodiots, forest, and upland wildlife habitat upon urban, suburban. and rural
properties through personal site visits with landowners, residents, and land managers who have
direct control over management practices and activities on their lands. The District provides
community -based fire risk management education and training; prepares fire risk reduction plans;
and plans and implements fire risk reduction projects such as Chipper- Days.
1.3.8 The District identified additional program opportunities through public
input received by on-line survey associated with the District's long-range planning process, direct
one-on-one engagement with stakeholders, and public comment received at two public hearings.
These are described as follows:
A. Conducting cooperative activities to restore forest health and resilience and
upland habitat upon urban, suburban and rural properties through personal site
visits with private landowners who have direct control over management
practices and activities on their lands; community -based forest management
education and training; forest stewardship project planning; and award of
targeted incentive such as financial assistance (cost -share).
B. Contributing to the economic viability of local agricultural businesses by
supporting efforts to prevent land conversion. Such activities include technical
assistance provided to local farms, other working lands, and other agricultural
support organizations to the benefit of both the agricultural community and
residents residing within the District who receive better and more regular
access to local produce, agricultural products, and other working land products.
C. Contributing to local and regional efforts to mitigate the natural resource
impacts associated with extreme weather events.
1.3.9 These and other District Conservation Programs, services, and activities are
described in the Prograrrr of Work and Rates and Charges Proposal.for Whatcom Conservation
District which was approved and adopted by the Board pursuant to Resolution No, 22-01 and is
incorporated herein by reference. The District will consider and adopt additional programs of
RESOLUTION NO. 22-02 Page 3 of 13
EXHIBIT A
work on an annual basis covering any period for which a system of rates and charges is in effect,
which programs of work will take into account the needs and concerns of the District's
constituents,
1..3.10 The District's constituents and partners have indicated a desire for
continued and strengthened natural resource services delivered by the District as evidenced by
supportive feedback via the following outreach and engagement activities:
A. Online customer survey with 244 stakeholders;
B. District staff and board member presentations to Whatcom County
Watershed Irnprovement Districts, All Breeds Goat Club, Dairy Irrigation
Field Day, and Nooksack Salmon Enhancement Association;
C. Discussions at local and regional events including 2022 Faun Expo, Birch
Bay Beach Clean-up Day, Farm Speaker Series at NW Therapeutic Riding
Center, Whatcom Wildlife Bio Blitz Community Science Days, Lama &
Alpaca Appreciation Day, and Whatcom Conservation District Board of
Supervisor monthly meetings;
D. Discussions with stakeholders through an outreach campaign; and
E. Engagement of online newsletter subscribers and social media readers,
14 Part of the regulations and controls under both federal and state law regarding water
pollution is the establishment and maintenance of appropriate measures for education and
implementation of best management practices. See 33 U.S.C. 1251 et seq.; 40 CFR
122.26(d)(2)(iv) (required measures for State NPDES programs including education and planning
to implement best management practices and control techniques to reduce pollutants); and
Washington Department of Ecology Phase I Municipal Stormwater Permit for Whatcom County
(requiring education and outreach program). The District provides such service both
independently and together with Whatcom County and cities within the District. The City of
Lynden has contracted with the District since 2015 to provide several elements of the mandated
education and outreach programs.
1.5 The District Board of Supervisors held public hearings and received public
comments on a program of work and associated rates and charges appropriations budget and
adopted that program of work and rates and charges appropriations budget by motion on July
25, 2022, and by Resolution No. 22-01 on July 25, 2022 which forms the basis of the District's
proposed system of rates and charges.
1.6 Certain properties within the District receive direct or indirect benefit from the
carrying out of Conservation Projects. Direct benefits are those benefits arising out of
Conservation Projects conducted on site. Indirect benefits are those benefits received. at other
locations (e.g., downstream or on adjacent parcels) from the Conservation Projects on actual sites.
1.7 It is appropriate for property owners within the District that benefit either directly
or indirectly from the District's Conservation Projects to pay for the cost of carrying out the
Conservation Projects.
RESOLUTION NO. 22-0.2 Page 4 of 13
EXHIBIT A
1.8 The District engaged FCS Group ("FCS"), an independent financial consulting firm
that provides economic, public finance, management consulting, and financial (rates, charges, and
fees) services to public sector entities throughout the country, including city and county
governments, utilities, ports, special purpose districts, and state agencies, FCS has evaluated the
services provided by the District and has developed a rate structure, as part of the Whatcom
Conservation District Rate Study (FCS Group, July, 2022) that allocates the costs of District
services to various classes of property.
1.9 In determining a rate structure, the Board has considered the discretionary factors
set forth by the Legislature in Chapter 60, Laws of 2012 and RCW 89,08.405, including:
District;
1.9.1 Services furnished, to be furnished, or available to landowners in the
1.9.2 Benefits received, to be received, or available to property in the District;
1.9.3 The character and use of land in the District; .
1.9.4 The nonprofit public benefit status of land users in the District;
1.9.5 The income level of persons served or provided benefits, including senior
citizens and disabled persons; and
1.9.6 Other matters that present a reasonable difference as a ground for distinction
among properties.
1.10 The Board finds that seven classes or categories of property are appropriate:
residential, commercial, open space, institutional/public, agricultural, designated forest land,
vacant/undeveloped, as further defined in this Resolution. There is a rational basis for
distinguishing land within the District into classes on the basis of property use and the variation of
properties within these classes is found to reflect differences in services and/or benefits received,
to be received or available from the Conservation Projects.
1.11 The Board finds that it is appropriate to assign weighting factors to each class of
properly that reflect distinctions among those properties relating to the services and/or benefits
received, to be "received or available from the District. The weighting factors include (1) services
and/or benefits received, to be received or available that are insignificant or immeasurable to
certain property; (2) services and/or benefits received, to be received or available to classes of
property to a lesser degree; and, (3) services and/or benefits received, to be received or available
that more frilly support property (compared to other classes of property). There is a rational basis
for distinguishing services/benefits received or available from District services and Conservation
Projects with the use of such weighting factors and the variation of services/benefits within these
factors is found to be minor and to reflect only minor differences in services/benefit received or
available from the Conservation Projects.
RE, SOLUTION NO. 22-02 Page 5 of 13
EXHIBIT A
L 12 The administrative cost of calculating the charge for each individual property and
maintaining accurate information would be very high. A flat charge for each parcel within each
property class is less costly to administer than calculating a separate charge for each parcel and is
equitable because of the similarities of the characteristics and uses within each property class. The
District considered but determined a per acre charge may result in miscalculations and confusion
among ratepayers and was not appropriate for use at the current time.
1.13 The rates proposed to Whatcom County by this Resolution were calculated within
the parameters of a rate model from the FCS Rate Study. Under the rate model, the estimated
annual costs of each Conservation Project were allocated to ratepayers as follows:
1.13.1 Number of parcels in each of the property categories, and in the case of
designated the number of landowners;
1.13.2 Direct and indirect services/benefits received by or available to property
within each property category, as generally described in this Resolution; and
1.13.3 A weighting factor reflecting the degree of services/benefits received by or
available to each property class for each Conservation Project as described in Section 1.I0, above.
1.14 The FCS Rate Study calculated rates per parcel per year (or per owner for
designated forest lands) for seven of the classifications, as follows: residential ($16.83 per parcel),
commercial ($16.79 per parcel), open space ($16.83 per parcel), institutional/public ($16,82 per
parcel), agricultural ($16.83 per parcel), designated forest land ($16.78 per owner),
vacant/undeveloped ($16.83 per parcel). The rate model. provides a reasonable basis for
establishing the rates proposed by this Resolution. The rates calculated by the FCS Rate Study
were adjusted downward proportionally so as not to exceed the maximum rates permitted under
Chapter 60, Laws of 2012 resulting in the following rates: residential ($5.00 per parcel),
commercial ($4.99 per parcel), open space ($5.00 per parcel), institutional/public ($5.00 per
parcel), agricultural ($5.00 per parcel), designated forest land ($2.99 per owner),
vacant/undeveloped ($5.00 per parcel). These rates are an allocable share of the costs of
sexvices/benefts received or available to the property owners in the District from District
programs, services, and activities, all for the preservation of natural resources, protection of public
lands and waters, and protection and promotion of the health, safety and general welfare of the
lands and people of the District.
1.15 The rates proposed herein to pay the costs of carrying out the Conservation Proj ects
are fees for which the federal government is liable under the Clean Water Act to the same extent
as any other classification of land. 33 U.S.C. § 1323(a), and Pub.L. 111-378, § 1, 124 Stat. 4128
(2011); and, U�iited States of America v. City of .Renton, et al., Western District of Washington
Cause No. Cl 1-I156JLR (2012). However, the District determined that acquiring payments from
the federal agencies would be unduly difficult, thus those lands are excluded from the system of
rates recommended by this Resolution.
1.16 Parcels owned by federally recognized Native American tribes or members of such
tribes that are located within the historical boundaries of a reservation are served by District
Programs. However in consideration of centuries of actions to marginalize Native American tribes
RI SOMJT1ON NO, 2.2-02 Page 6 of 13
EXHIBIT A
and their members and the resulting loss of homeland and associated impacts to Native American
traditions and identity based on land relationship, those lands are excluded from the system of rates
recommended by this Resolution.
1.17 The consideration, development, adoption and implementation of the rates
proposed herein follows the public hearings held by the District on July 7, 2022 and July 11, 2022,
pursuant to RCW 89.08.405(4) and RCW 89.08.400(2), public notice of which was properly
provided by postings throughout the District and through publication.
1.18 By Resolution No. 22-03 the District has established a process providing for
landowner appeals of the individual rates as may be applicable to a parcel or parcels.
SECTION 2. DEFINITIONS.
2.1 "Agricultural land" means those parcels in the Whatcom County Assessor's
property classifications of: 8150 FARM DAIRY; 8160 FARM/RANCHES; 8170 FARM
POULTRY; 8180 FARMS; 8190 OTHR AG LAND; 8200 AG RELTD ACT; 8210 AG PROC;
8212 GRIST MILL S; 8221 VET SERVS; 8222 ANIMAL HOSP; 8230 HORTICULT SV; 8290
OTHR AG RLTD; 8340 OSAG CROP/ET; 8341 OSAG CRO MH; 8343 OSAG CRO MH+; 8345
OSAG CRO LOG; 8350 OSAG DAIRY; 8351 OSAG DAI MH; 8353 OSAG DAI MH+; 8355
OSAG DAI LOG; 8360 OSAG RANCHES; 8361 OSAG RAN MH; 8363 OSAG RAN MH+;
8365 OSAG RAN LOG; 8370 OSAG POULTRY; 8371 OSAG POU MH; 8373 OSAG POU
MH+; 8380 OSAG; 8381 OSAG MH; 8383 OSAG MH+; 8385 OSAG LOG HME; 8390 OSAG
OTHER; 8421 FISH HATCHRY; 8429 OTHR FISHERY; 8490 OTHR FISHERY.
2.2 `Billing year" means the calendar year that bills are sent through the property tax
statement.
2.3 "Commercial land" means those parcels in the Whatcom County Assessor's
property classifications of: 1600 HOTEL/MOTEL; 1613 HOTL/MOTLI3U; 1617
HOTL/MOTLI7U; 1621 HOTL/MOTL2IU; 1622 HOTL/MOTL22U; 1624 HOTL/MOTL24U;
1628 HOTL/MOTL28U; 1630 HOTL/MOTL30U; 1633 HOTL/MOTL33U; 1.643
HOTL/MOTL43U; 1651 HOTL/MOTL5IU; 1654 HOTL/MOTL54U; 1656 HOTL/MOTL56U;
1660 HOTL/MOTL60U; 1668 LIOTL/MOTL68U; 1681 HOTL/MOTL8lU; 1694
HOTL/MOTL94U; 1715 B &: B; 1731 CONVAL CTRS; 1732 REST HOMES; 1733 1/2 WY
HOUSE; 1735 ELDERLY HSG; 1810 ROOM/BOARD; 1820 GROUP QTRS; 1830 BED-
BREAKFST; 1900 VAC HOME/CAB; 1910 VAC HOMES; 1920 CABINS; 2100 FD/KNDRD
PRO; 2111 MEAT PACKING; 2123 CON/EVAP MLK; 2136 FR/FROZ FISH; 2142 FEED
ANIM/FO; 2143 CEREAL PREP; 2150 BAKERY PROD; 2172 CHOCO/COCOA; 2183
WINE/BRANDY; 2195 ROAST COFFEE; 2197 ICE; 2199 FOOD PREP; 2299 TEXT GOODS;
2395 DECOR STITCH; 2399 FAB TEXT PRO; 2421 SAWMILLS; 2429 SPEC SAWMILL; 2431
MIL,L.WORK; 2433 PREFAB BLDGS; 2499 LMBR/WD PROD; 2510 HOUSE FURN; 2599
FURN/FIXTURE; 2600 PAPEWALLIFD; 2647 SANIT PAPER; 2650 PAPRBD CONTR; 2710
NEWSPAPERS; 2740 COMM PRINTNG; 2790 PRINT/PUBLSH; 2800 CHEM/ALLIED; 2810
IN -ORGANIC P; 2841 SOAP/DETERGN; 2860 GUM/WOOD CHM; 2910 PETRO REFING;
2991 LUB OILS/GRS; 2999 PETRO/COAL P; 3140 MISC PLAS PR; 3259 POTTRY/RF,LTD;
RESOLUTION NO. 22-02 Page 7 of 13
EXHIBIT A
3262 CONCRT PRODS; 3263 CONCRT READY; 3270 CUT STONE; 3313 STEEL WIRE; 3334
PRIINONFERRO; 3352 ALUMINUM; 3390 PRI MTL IND; 3400 FAB MTL PROD; 3421
ENGINE/'TURBO; 3422 FARM MACH/EQ; 3424 METALWORKING; 3425 SPEC IND MAC;
3426 GEN IND MACH; 3432 ELEC IND APP; 3433 HOUSE APLIAN; 3437 ELEC COMP/AC;
3439 ELEC MACH/EQ; 3441 MTR VEHICLE; 3442 AIRCRAFT/PRT; 3443 SHIPBOAT BL;
3445 CYCLES/BIKES; 3449 TRANS EQUIPT; 3450 MARINE/PARTS; 3493 HTG APP/PLBG;
3494 FAB STR.0 MTL; 3498 FAB WIRE PRO; 3499 FAB MTL PROD; 3521 MECH MEAS/CO;
3542 ORTHO/PROSTII; 3900 MISC MFG; 3930 TOYS/AMIJSEMT; 3986 MARIJUANA; 3997
SIGNS/ADS; 3999 MISC MFG; 4100 RR/RAPD RAIL; 4111 RR R/W; 4112 RR SWITCH/MA;
4113 RR TERMINALS; 4114 RR TERM FRGT; 4116 RR EQUIP/MNT; 4119 RR'TRANS; 4129
RAPD RAIL TR; 4200 MTR VEH TRAN; 4212 BUS PAS LOLL; 4213 BUS PAS BOTH; 4214
BUS GARAGE; 4219 BUS TRANS; 4221 MTR FRGHT TM; 4222 MTR FRGHT TR; 4299 MTR
VEH TRAN; 4300 AIRCRAFT TRN; 4311 LAND/TAKEOFF; 4315 AIRCRAFT STO; 4319
AIRPRTS/FLDS; 4399 AIRCRFT TRAN; 4413 MAR TRM BOTH; 4419 MAR TERMINAL;
4600 AUTO PARKING; 4700 COMNfUNICATN; 4710 PHONE COMMUN; 4711 PHONE
EXCH; 4712 PHONE RELAY; 4719 PHONE COMMUN; 4730 RADIO COMMUN; 4732 RAD
STA/TWRS; 4742 TV STA/RELAY; 4749 OTHR TV COMM; 4790 OTHR COMMUNI; 4795
UTILITY TEL; 4800 UTILITIES; 4810 ELEC UTILITY; 4811 ELEC TRAIN RW; 4812 ELEC
GEN PLT; 4813 ELEC REG SUB; 4819 ELEC UTILITY; 4820 GAS UTILITY; 4821 GAS
PIPELINE; 4823 NAT/MFT GAS; 4824 GAS PRES CNT; 4829 GAS UTILITY; 4839 WTR
UTIL/IRR; 4840 SEWAGE DISP; 4841 SEWAGE TRTMT; 4843 SEWAGE DISP; 4850 SOLID
WASTE; 4854 SANIT LAND F; 4855 REFUSE DISP; 4890 OTHR UTILITY; 4895 UTILITY
ELEC; 4900 TRANS/COMM/U; 4911 PETRO PIPELN; 4912 PETRO PR1S C; 4921 FRGHT
FORWRD; 4929 TRANS SERVS; 4990 TRANS/COMM/U; 5000 CONDO -NOT RES; 5010
HANGAR CONDO; 5020 MARINE CONDO; 5030 MED CONDOS; 5040 RET/OFF CNDO;
5050 STOR CONDOS; 5060 MIX U CONDOS; 5100 WHOLESL TRAD; 5 14 1 AUTO/MTR.
VEH; 5112 AUTO EQUIP; 5121 DRUGS/PROP/S; 5122 PAINT/VARNSH; 5131 DRY/PIECE
GD; 5141 GROCERIES; 5142 DAIRY PRODS; 5145 FISH/SEAFDS; 5146 MEAT/PRODUCT;
5147 FRUITS/VEGS; 5149 GROC/RELTD P; 5153 IJIDE/SKIN/FR; 5159 FARM PRODS; 5161
ELEC APP/EQU; 51.62 ELEC APP/TV; 5163 ELEC PRTS/EQ; 5172 PLBG/IITNG EQ; 5181
COMMAND MCH; 5182 FARM MCH/EQU; 5183 PROF EQUIP; 5184 EQUIP/SUPPLY; 5185
TRANS EQUIP; 5189 MCH/EQUIP/SU; 5191 METAL/MINERL; 5192 PETRO BLK ST; 5193
SCRAP/WASTE; 5195 BEER/WINE/AL; 5198 LMBR/CONST M; 5199 WHOLESL TRAD;
5200 BLDG MAT/HDW; 521.1 LUMBER YARDS; 5212 BLDG MATERLS; 5220
HTG/PLMBG EQ; 5230 PAINT/GLASS; 5240 ELEC SUPPLY; 5251 HDWRE -RE TAIL; 5252
FARM EQUIP; 5300 RET TR-GEN; 5305 MIXED USE; 5310 DEPT STORES; 5320 MAIL
ORDR HS; 5330 LTD PRCE VAR; 5360 CONV NEIGHBR; 5365 RET STRIP ML; 5370 COMM
SHOP CT; 5375 OUTLET MALL; 5380 REG SHOP CTR; 5391 DRY GDS/GEN; 5392 GEN
STORES; 5400 RET TRD-FOOD; 5410 GROCERIES; 5421 MEATS; 5430 FRUITS/VEGS;
5450 DAIRY PROD; 5461 BAKERIES; 5462 BAKERIES; 5499 RET TRD-FOOD; 5511
NEW/USED CAR; 5512 USED CARS; 5520 TIRE/BAT/ACC; 5530 GAS SERV STA; 5591
MAR CRFT/ACC; 5592 AIR CRFT/ACC; 5599 OTHR AUTO/MA; 5600 APPAREL/ACC; 5620
WOMEN READY; 5630 WOMENS ACC/S; 5640 CHILD/TNTANT; 5670 CUSTOM TAILR;
5690 OTHR APP/ACC; 5700 FURN/HOME/EQ; 5711 FURNITURE; 5712 FLOOR CVRNGS;
5719 OTHR FURN/HO; 5720 HOUSE APPLIN; 5731 RADIO/TV; 5732 MUSIC SUPPLY; 5800
EAT/DRINK; 5810 EATING PLACE; 5815 ESPRESSO BAR; 5820 DRINK PLACES; 5900
RESOLUTION NO. 22;02 Page 8 of 13
EXHIBIT A
RET NOT ELSE; 5910 DRUG/PROPRTY; 5920 LIQUOR; 5931 ANTIQUES; 5932 SECOND
MERCH; 5941 BOOKS; 5942 STATIONERY; 5951 SPORTING GDS; 5952 BICYCLES; 5961
HAY GRAIN FD; 5969 FARM/GARDEN; 5981 FUEL/ICE DLR; 5983 BOTTLED GAS; 5991
FLORISTS; 5995 GIFT NOVELTY; 5996 OPTICAL, GDS; 5997 M/H SALES; 5999 OTHR RET
TRD; 6100 FIN/INS/R ES; 6110 OFF/RET; 6111 BANK SERV; 6112 BANK FUNCTNS; 6121
SAVGS/LOAN; 6122 CU AG/BUS/PR; 6132 COMMOD CON/B; 6142 INS AG/BRKRS; 6151
RE OPTRS/LSR; 6152 RE AGBRKRIM; 6154 RE SUB/DEV; 6156 COMBO RE/INS; 6159
OTHR RE/RLTD; 6160 HOLD/INVEST; 6190 OTHR FIN/INS; 6200 PERSONAL SER; 6211
LAUND/DRY/DY; 6212 LINEN SUPPLY; 6214 SELF LAUND/D; 6215 RUG CLEAN/RP;
6231 BEAUTY SERV; 6232 BARBER SERV; 6241 FUNERAL/CREM; 6242 CEMETERIES;
6290 OTHR PER SER; 6300 BUSINESS SER; 6311 AD SERVICES; 6319 OTHR AD SERV;
6332 BLUEPRNT/PHO; 6349 OTHR DWELL/B; 6350 NEWS SYND; 6370 WHSE/STORAGE;
6373 REFRIG WHSE; 6375 HOUSE WHSE/S; 6376 GEN WHSE/STO; 6377 MINI STORAGE;
6379 OTHR WHSE/ST; 6391 RES/DEV/TEST; 6393 DET/PROT SER; 6394 EQUIP RENT/L;
6399 OTHR BUS SER; 6411 AUTO REP SER; 6412 AUTO WASH SV; 6419 OTHR AUTO SV;
6491 ELEC REP SER; 6499 OTHR REP SER; 6500 PROF SERV; 6510 MED/HLTH SER; 6511
PHYSICIAN SV; 6512 DENTAL SERV; 6513 HOSP SERV; 6514 MED LAB SERV; 6515
DENTL LAB SV; 6516 SANIT/CONVAL; 6517 MED CLINICS; 6519 OTHR MED/HLT; 6520
LEGAL SERV; 6591 ENG/ARCH SER; 6592 ED/SCI RES; 6593 ACCNT/AUDIT; 6599 OTHR
PROF SV; 6600 CONT CONST S; 6611 BLDG CONST; 6619 OTHR GEN CON; 6621
PLMBG/HTG/AC; 6622 PAINT/PAPER; 6623 ELEC SERV; 6624 MASON STONE; 6625
CARPNTR/FLRG; 6626 ROOF/SHT MTL; 6627 CONCRETE SER; 6629 OTHR SPEC CO;
6700 GVRNMTL SERV; 6710 EXEC LEGIS/J; 6900 MISC SERV; 6991 BUSINESS ASN; 6993
LABOR UNION; 6999 OTHR MISC SV; 7212 MOVIE THEATR; 7214 LEGIT THEAT'R; 7219
OTI-IR ENTERTN; 7222 ARENAS/FIELD; 7223 RACE TRACKS; 7229 OTHR SPORT'S; 7239
OTHR MISC AS; 7290 OTHR PUB ASM; 7295 PUBLIC MKT; 7311 FAIRGROUNDS; 7393
GOLF DRIVING; 7394 GO-CART TRKS; 7399 OTHR AMUSMNT; 7400 RECREATL ACT;
7410 SPORTS ACT; 7411 GOLF COURSES; 7412 GOLF COURSES; 7413 TENNIS COURT;
7415 ROLLER SKATE; 7417 BOWLING; 7419 OTHR SPORTS; 7420 PLAYGROUNDS; 7421
PLAY LOTS; 7422 PLAYGROUNDS; 7423 PLAYFIELDS; 7424 RECREAT CTR; 7425
GYMS/ATHLTIC; 7431 SWIM BEACHES; 7432 SWIM POOLS; 7440 MARINAS; 7441
YACHT CLUBS; 7449 OTHR MARINAS; 7491 CAMP/PICNIC; 7499 OTHR RECREAT; 7511
GEN RESORTS; 7514 SKI RESORTS; 7516 RV PARKS; 7519 OTHR RESORTS; 7520
GRP/ORG CAMP; 8500 MINE/RLTD SV; 8542 CRIJSHBROKEN; 8543 SAND/GRAVEL;
8900 FORESTRY ACT; 8910 FOREST NURS; 8911 TMBR PULP WD; 8914 TMBR MIXED;
8917 'TMBR/TRE MIX; 8919 OTHR COMM FO; 8929 OTHR FOREST; 8990 OTHR FOREST;
8999 OTHR RESOURC; 9200 NON/COMM FOR; 921.0 FOREST RESER; 9220 OTHR NON-
COM.
2A "Forested land" means those parcels in the Whatcom County Assessor's property
classifications of: 8800 DESIG FOREST; 8801 DESI FOR MIT; 9803 DESI FOR MH+; 8805
DESI FOR LOG.
2.5 "Institutional/public land" means those parcels in the Whatcom County Assessor's
property classifications of, 6720 PROTEC FUNCT; 6721 POLICE PROTC; 6722 FIRE
PROTECT; 6729 OTHR PROTECT; 6730 POSTAL SERV; 6749 OTHR CORRECT; 6750
RESOLUTION NO. 22-02 Page 9 of 13
EXHIBIT A
MILIT BASE; 6751 MILIT TRAIN; 6755 MILIT ADMIN; 6760 OTHR GVRN SV; 6800
EDUCATION SV; 6811 NURSERY SCH; 6812 PRIMARY SCH; 6813 SEC SCHOOLS; 6821
UNN/COLLEGE; 6822 JR COLLEGE; 6830 SPEC TRAIN; 6831 VOC/TRD SCH; 6833
BARBER/BEAUT; 6834 ART/MUSIC; 6839 OTHR SPEC TR; 6911 CHURCHES; 6919 OTHR
RELIG; 6920 WELFARE/CHAR; 6994 CIVIC SOCIAL; 7111 LIBRARIES; 7112 MUSEUMS;
7113 ART GALLERY; 7119 OTI-IR CULT; 7123 BOT GARDEN; 7129 OTHR. NATURE; 719.1
HIST/MONUMNT; 7199 OTHR CULT/NT; 7200 PUB ASSEMBLY.
2.6 "Open space land" means those parcels in the Whatcom County Assessor's
property classifications of. 4490 MAR CRFT TRA; 4500 HIWY/ST RW; 4520 EXPRESSWAYS;
4530 PARKWAYS; 4540 ARTERIAL STS; 4550 COL/DIST STS; 4560 LOCL ACC STS; 4570
ALLEYS; 4590 OTHER HIWY; 4830 WTR UTIL/IRR; 4831 WTR PIPELINE; 4832 WTR
TREATMNT; 4833 WATR STORAGE; 4835 WTR PRES CNT; 4836 RETENTION PD; 7600
PARKS; 7620 NEIGHBRHD PK; 7630 GREEN WYBLT; 7650 COMMUNITY PK; 7660
DISTRICT PK; 7670 REGIONAL PK; 7690 OTHER PARK; 7900 OTHR CULT/EN; 8100
AGRICULTURE; 8140 FARM CROP ET; 8580 MINERAL TNT; 8590 MINING CLAIM; 9300
WATER AREAS; 9310 RIVER/STREAM; 9320 LAKES; 9330 BAY/LAGOON; 9350
SALTWTR TIDE; 9390 OTHR WTR ARE; 9400 OPEN SP LND; 9401 OSO LAND MH; 9403
OSO LAND MH+; 9405 OSO LAND LOG; 9450 OSFC; 9451 OSFC MII.
2.7 "Parcel" means the smallest separately segregated unit or plot of land having an
identified owners(s), boundaries, and areas as defined by the Whatcom County Assessor and
recorded in the Whatcom County Assessor real property file or maps, and assigned a separate
property tax account number.
2.8 "Residential land" means those parcels in the Whatcom County Assessor's property
classifications of. 1102 MODLR 2 BDRM; 1103 MODLR 3 BDRM; 1104 MODLR 4 BDRM;
1105 MODLR 5 BDRM; 1110 RES SINGLE; 1111 RES I BDRM; 1112 RES 2 BDRM; 1113
RES 3 BDRM; 1114 RES 4 BDRM; 1 115 RES 5 BDRM; 1116 RES 6 BDRM; 1117 RES >6
BDRM; 1120 LOG CABIN; 1121 LOG HME 1 BD; 1122 LOG HME 2 BD; 1123 LOG HME 3
BD; It 24 LOG HME 4 BD; 1125 LOG TIME 5 BD; 1126 LOG HME 6 BD; 1132 ZERO LL 2
I31); 1133 ZERO LL 3 BD; 1134 ZERO LL 4 BD; It 50 MH RI'-onAC; 1151 MH IO-onAC; 1152
MH 10-inPK; 1153 MH RP(2+)onAC; 1154 PM RP -on -AC; 1155 PM 10-in-PK; 1156 PM I0
onAC; 1157 MH RP-HYSUB; 1158 PM RP-HYSUB; 1159 MH IO-HYSUB; 1211 RES 1. BDRM
W/ ADU; 1212 RES 2 BDRM W/ ADU; 1213 RES 3 BDRM W/ ADU; 1214 RES 4 BDRM W/
ADU; 1215 RES 5 BDRM W/ ADU; 1217 RES >6 BDRM W/ ADU; 1220 RES DUPLEX; 1230
RES TRIPLEX; 1240 RES FOURPLEX; 1300 RES MULTI; 1305 RM 5 UNITS; 1306 RM 6
UNITS; 1307 RM 7 UNITS; 1308 RM 8 UNITS; 1309 R.M. 9 UNITS; 1310 RM 10 UNITS; 1311
RM I I UNITS; 1312 RM 12 UNITS; 1313 RM 13 UNITS; 1314 RM 14 UNITS; 131.5 RM 15
UNITS; 1316 RM 16 UNITS; 1317 RM 17 UNITS; 1318 RM 18 UNITS; 1319 RM 19 UNITS;
1320 RM 20 UNITS; 1321 RM 21 UNITS; 1322 RM 22 UNITS; 1323 RM 23 UNITS; 1324 RM
24 UNITS; 1325 RM 25 UNITS; 1326 RM 26 UNITS; 1327 RM 27 UNITS; 1328 RM 28 UNITS;
1329 RM 29 UNITS; 1330 RM 30 UNITS; 1331 RM 31 UNITS; 1332 RM 32 UNITS; 1333 RM
33 UNITS; 1335 RM 35 UNITS; 1336 RM 36 UNITS; 1337 RM 37 UNITS; 1338 RM 38 UNITS;
1339 RM 39 UNITS; 1340 RM 40 UNITS; 1342 RM 42 UNITS; 1344 RM 44 UNITS; 1345 RM
45 UNITS; 1346 RM 46 UNITS; 1348 RM 48 UNITS; 1349 RM 49 UNITS; 1350 RM 50 UNITS;
RESOLUTION NO, 22-02 Page 10 of 13
EXHIBIT A
1351 RM 51 UNITS; 13.52 RM 52 UNITS; 1353 RM 53 UNITS; 1354 RM 54 UNITS; 1357 RM
57 UNITS; 1360 RM 60 UNITS; 1363 RM 63 UNITS; 1364 RM 64 UNITS; 1366 RM 66 UNITS;
1367 RM 67 UNITS; 1368 RM 68 UNITS; 1370 RM 70 UNITS; 1372 RM 72 UNITS; 1373 RM
73 UNITS; 1375 RM 75 UNITS; 1378 RM 78 UNITS; 1380 RM 80 UNITS; 1382 RM 82 UNITS;
1383 RM 83 UNITS; 1384 RM 84 UNITS; 1388 RM 88 UNITS; 1390 RM 90 UNITS; 1392 RM
92 UNITS; 1394 RM 94 UNITS; 1398 RM 98 UNITS; 1399 RM 99+ UNITS; 1400
CONDOMINIUMS; 1410 CONDOMINIUMS; 1415 M/H CONDO LND; 1416 M/H IN CONDO
RP; 1417 M/H IN CONDO PP; 1418 PRK MOD IN CONDO RP; 1420 TM-SHR CONDO; 1500
M/H PK; 1503 M/H PK 3 SP; 1504 M/H PK 4 SP; 1505 M/H PK 5 SP; 1507 MJH PK 7 SP; 1508
M/H PK 8 SP; 1511 M/H PK 1 I SP; 1512 M/H PK 12 SP; 1513 M/H PK 13 SP; 1516 M/I-1 PK 16
SP; 1518 M/H PK 18 SP; 1520 M/11 PK 20 SP; 1522 M/H PK 22 SP; 1524 M/H PK 24 SP; 1525
M/H PK 25 SP; 1526 M/H PK 26 SP; 1528 M/H PK 28 SP; 1529 M/H PK 29 SP; 1530 M/H PK
30 SP; 1532 M/H PK 32 SP; 1537 M/H PK 37 SP; 1543 M/11 PK 43 SP; 1545 M/H PK 45 SP;
1547 M/H PK 47 SP; 1548 M/H PK 48 SP; 1551 M/H PK 51 SP; 1553 M/H PK 53 SP; 1555 M/I-1
PK 55 SP; 1557 M/H PK 57 SP; 1560 M/14 PK 60 SP; 1561 M/H PK 61 SP; 1562 M/H PK 62 SP;
1574 M/H PK 74 SP; 1584 M/H PK 84 SP; 1591 M/H PK 91 SP; 1594 M/H PK 94 SP; 1599 M/H
PK+99 SP; 1750 RES HALL/DRM; 1800 RES NO CODE.
2.9 "Vacant/undeveloped land" means those parcels in the Whatcom County
Assessor's property classifications of. 9100 UNDEV/UNUSED; 9110 RESIDENTIAL; 9120
COMMERCIAL; 9130 INDUSTRIAL; 9140 OTHR VACANT; 9150 COMMON AREA.
2.10 It is the intent of the District that all parcels within the District fall within one of
the land classifications defined in this Section. In the event any parcel is inadvertently excluded
from any of the land use classifications defined in the Resolution, or Whatcom County adopts new
land classifications or revises existing land use classifications after the effective date of this
Resolution, or for any other reason, the omitted parcel shall be deemed to fall within the land use
classification that is most similar to the omitted parcel.
SECTION 3. RATE SCHEDULE. The following rate schedule is proposed to
Whatcom County for a term: of 10 years, unless modified by subsequent District action and
Whatcom County approval. The Board may recommend adjustment of these rates from time to
time, to reflect the budgeted costs of carrying out the District's improvements, services and
Conservation Projects and any changes in land categories. The rates are as follows,
3.1 The rate for residential land shall be $5.00 per parcel per.
3.2 The rate for commercial land shall be $4.99 per parcel per year.
3.3 The rate for open space land shall be $5.00 per parcel per year.
3.4 The rate for institutional/public land shall be $5.00 per parcel per year.
3.5 The rate for agricultural land shall be $5,00 per parcel per year.
3.6 The mate for designated forest land shall be $2.99 per owner per year.
RESOLUTION NO. 22-02 Page 11 of 13
EXHIBIT A
3.7 The rate for vacant/undeveloped land shall be $5.00 per parcel per year,
3.8 Parcels owned by federally recognized Native American tribes or members of such
tribes that are located within the historical boundaries of a reservation shall be exempt from the
rates proposed in this Resolution.
Specific rates per parcel shall ,be shown on a spreadsheet provided by the District to the
Whatcom County Assessor and/or Treasurer, consistent with Chapter 89.08 RCW.
SECTION 4. IMPLEMENTATION. The District Manager is authorized and
directed to take all appropriate and necessary acts to implement this Resolution, including
presentation of this Resolution to Whatcom County and coordination with Whatcom County,
including the County Assessor and/or Treasurer, to implement this Resolution, including but not
limited to the correction of any parcel's classification or classification referenced in Section 2.
SECTION 5. RATIFICATION AND CONFIRMATION. Any action taken
consistent with the authority and prior to the effective date of this Resolution is hereby ratified,
approved and confirmed.
SECTION 6. EFFECTIVE DATE. This Resolution shall become effective
immediately upon its adoption.
ADOPTED BY THE BOARD OF SUPERVISORS of the Whatcom Conservation District,
Washington, at a regular open public meeting thereof, and effective this 25th day of July, 2022.
Heather Christianson, Chair
IiSSOLUTION NO. 22-02 Page 12 of 13
EXHIBIT A
CERTIFICATE
1, Valeri Wade, Secretary of the Board of Supervisors, Whatcom County, Washington, do
hereby certify that the foregoing resolution is a true and correct copy of Resolution No. 22-02 of
such Board, duly adopted at a regular meeting thereof held on the 25`t' day of July, 2022, by the
members of such Board in attendance at such meeting and attested by myself in authentication of
such adoption.
VM&HWade, Secretary/Auditor
RESOLUTION NO. 22-02 Page 13 of 13
EXHIBIT A
EXHIBIT B
WHATCOM CONSERVATION DISTRICT
Rate Schedule and Revenue Calculation
Residential
$ 5.00 $ -
73,598 65,474
$ 367,990 $
$ 367,990
Commercial
$ 4.99
$
7,604
136,018
$ 37,925
$
$ 37,925
Open Space
$ 5.00
$
1,237
13,187
$ 6,183
$
$ 6,183
Institutional/Public
$ 5.00
$
634
2,805
$ 3,168
$
$ 3,168
Agriculture
$ 5.00
$
5,501
109,325
$ 27,496
$
$ 27,496
Designated Forest Land
$ 2.99
$
904
82,469
$ 2,703
$
$ 2,703
Vacant/Undeveloped
$ 5.00
$
13,018
30,522
$ 65,064
$
$ 65,064
TOTAL
102,496
439,800
$ 510,529
$
$ 510,529;
per RCW forest land mazes out at $3.00 per property owner and .01 per acre based on 10% of the weighted average of acreage charges imposed on all other land use categories
Page 12 of 34
EXHIBIT C
CONSERVATION
DISTRICT
2023 Program of Work
With Proposed Rates Et Charges
Appropriation Budget
Submitted to
The Whatcom County Executive
And Whatcom County Council
July 2022
,(1'3 Provr�m1 of, ori. AV'ith Pro��osed R 3tcs & < h r��es ;lppropri,ition 13ud,;ct I'asr.e I of 34
Table of Contents
EXECUTIVE SUMMARY........................................................................................3
PROGRAM OF WORK..........................................................................................4
RATES AND CHARGES REVENUE SUMMARY......................................................10
DISTRICT FISCAL ACCOUNTABILITY...................................................................11
APPENDICES
APPENDIX A — Rates Schedule and Revenue Calculation................................12
APPENDIX B — Budget Allocation by Natural Resource Priorities ....................13
APPENDIX C — Budget Allocation by Programs and Services ...........................14
APPENDIX D — Stakeholder Engagement Report............................................15
'_023 Pi o,grmii of \V!ork With Proj)osed Rates &k C lh .rsres P ILc 2 of 34
EXECUTIVE SUMMARY
The Whatcom Conservation District proposed 2023 Program of Work outlines programs and
services under a "rates and charges" system that provide both direct and indirect benefits to
property owners and residents in the District's service area. This Program of Work was
developed in consultation with the District's constituents and partners, and was approved by
its Board of Supervisors on July 25, 2022, Resolution 22-01.
Historically and currently, District activities are funded entirely through state and federal
grants and inter -local agreement -based partnerships that address local, regional, and in
some cases state-wide natural resource priorities. Most District grant and inter -local
agreement (ILA) funding are one-time sources of revenue that expire with the conclusion of
the associated scope of work. Despite the ephemeral nature of the District's funding, much
of the District's work has led to programmatic approaches relied upon by the Whatcom
County community to address ongoing conservation needs and concerns. Additionally, public
demand for the District's highly successful customer service -oriented programs extends
beyond the physical and temporal reach of the grant and ILA funded scopes of work.
The Whatcom Conservation District Board of Supervisors proposes to use a rates and
charges system approved by the Legislature in 2012 in combination with grant and ILA -based
funding sources as the basis for its proposed 2023 Program of Work. The rates and charges
funding pathway is made possible through conservation district enabling legislation (Chapter
89.08.405), and makes available a modest base of stable funding to address Whatcom
County natural resource priorities through District programs, services, administration, and
governance. The District system of rates and charges is proposed for 10 years, and would be
utilized to provide services, technical assistance, and financial incentives throughout the
boundary of the District and respond to conservation priorities in watersheds across
Whatcom County.
This proposal provides background on the Whatcom Conservation District and its 2023
Program of Work along with a summary of rates and charges revenue and an outline of
proposed District fiscal accountability actions. The Program of Work, including District
programs, services, administration, and governance is organized to address the natural
resource priorities in the current District long-range plan:
• Water Quality Improvement;
• Aquatic and Upland Habitat Improvement;
• Water Quantity Management and Water Conservation;
M23 11roIra1of,\\ orit \y-ith P opwscd Ratc, & ( lmr<—c.s Appropriation Budge; 1' 1 ?.c .1 of'.,1
• Working Lands Conservation; and
• Climate Resiliency.
PROGRAM OF WORK
District Background
The Whatcom Conservation District was established in 1946 to provide landowners with
assistance to protect and enhance natural resources. The District serves 8 jurisdictions (7
cities and Whatcom County) with a combined population of approximately 240,000. The
District's mission is "to help landowners and farmers of Whatcom County conserve natural
resources."
The District's mandate was established by the Washington Legislature in 1939 when it
passed RCW 89.08 which empowers communities to form conservation districts to assume
local responsibility for conserving soil, water, and other natural resources. From the
beginning, conservation districts were given a broad mandate to assist landowners with
conserving resources to "protect and promote the health, safety and general welfare" of all
residents in urban, suburban and rural areas.
Priority issues in the mandate for conservation districts include flooding, soil erosion, water
pollution, groundwater depletion, wildlife habitat destruction, deforestation, and the loss of
productive agricultural lands and fisheries.
More than 75 years after it was formed, increased urbanization, endangered salmon, loss of
forest cover, other threats to Puget Sound, and increased challenges from stormwater and
flooding make the Whatcom Conservation District's programs and services more relevant
than ever.
Today the District provides programs, services, and financial incentives for property owners
and land managers in both urban and rural areas throughout its service area. The District has
no regulatory or enforcement authority. Instead, it engages individuals and communities in
stewarding soil, water, and other natural resources through partnership and collaboration.
In order to be more responsive and effective in its mission, the District's service delivery
model employs multiple strategies:
• Direct technical assistance and services;
M-13 Prop -aim of'\\ ork \Vilh Proposcd RZ lICS 8: (I ,r,?es . ppIopIii ltioII I3uIilM 1' is.c d of-,-]
• Education to foster voluntary stewardship;
• Funding for landowner and community conservation; and
• Partnerships and resource leveraging to maximize impact.
The District collaborates with jurisdictions and nonprofit organizations to provide
stewardship services. Because it is an independent, non -regulatory agency, the District is
seen by many landowners as a trusted mentor and partner, providing education, technical
assistance, and financial incentives to help people implement measures to improve the
sustainability and productivity of their land.
Natural Resource Priorities Related to District Programs and Services
The Whatcom Conservation Board of Supervisors has established natural resource priorities
through the District's long-range plan. These priorities guide the District's Program of Work,
and District programs and services are aligned to meet the goals of each priority. In addition
to the typical body of work implemented annually by the District, this section includes three
new proof of concept projects based on community input and emerging partnership
opportunities — Residential and Enhanced Working Lands Riparian Improvement Services
associated with the Aquatic and Upland Habitat Enhancement priority area of work and
Sustainable Farms and Fields Climate Smart Farming Practices and Small Acreage Forest
Stewardship Assistance associated with the Climate Resiliency priority area of work. (See
Appendix B and Appendix C for related budget by priority details.)
1. Water Quality Improvement
The District's water quality improvement goals are to increase awareness of impacts to
water quality, provide education and technical support on implementing practices to sustain
water quality, contribute to the upgrade of shellfish harvest areas, reduce nitrogen pollution
in surface and groundwater, and reduce phosphorous in Lake Whatcom. Aligned programs
and services focus on coordinating and interpreting local water quality data, developing and
implementing livestock nutrient management plans, designing and installing phosphorous
reducing landscaping, conducting outreach and engagement to meet National Pollutant
Discharge Elimination System (NPDES) requirements, and conducting research on the
effectiveness of agriculture practices.
Examples Water Quality Improvement Programs and Services —
• Farm Conservation Planning —Assist commercial and noncommercial livestock and crop
farms with managing their operations for productivity and environmental quality by
'0)_3 Pio;z;ram �>t V 'ork \1�itil Pro�x>Lci RZ Itcs 8 (h I�'e;.`, ,appropriation 13u(i,f'ct P I,_r ? of 3'i
planning and implementing practices that improve soil health and prevent erosion,
reduce pollutants such as pathogens and nutrients in runoff, and protect critical areas.
• Lake Whatcom Watershed Residential Water Quality Program — Support Whatcom
County and the City of Bellingham on addressing phosphorous induced harmful algal
blooms by converting residential lawns to native plant landscaping.
• Municipal NPDES Monitoring and Public Engagement Services — Implement NPDES
permit public engagement requirements for in the City of Lynden and unincorporated
Whatcom County through targeted -behavior change programs and the collection and
interpretation water quality data.
• Agriculture Research and Effectiveness Monitoring — Coordinate with land managers and
regional partners on monitoring the effectiveness of agriculture best management
practices, coordinate and interpret water quality data in partnership with Whatcom
County's Pollution Identification and Correction (PIC) program, evaluate the sources and
extent of pollutants such as nitrogen, E.coli (Escherichia coli), and suspended solids, and
administer the Whatcom County manure spreading advisory system.
Typical Annual Investment and Funding Sources —
The typical annual investment level is approximately $807,690 per year. Current funding
partners include Whatcom County, Washington State Department of Health, Washington
State Conservation Commission, City of Bellingham, City of Lynden, USDA-NRCS, Washington
State Department of Agriculture, BBWARM, and Lake Whatcom Water & Sewer District.
2. Aquatic and Upland Habitat Improvement
The District's habitat improvement goals are to foster community support for fish and
wildlife habitat improvement, and promote landowner participation in improving riparian
corridors and removing fish passage barriers. Aligned programs and services focus on
planning, designing, and implementing projects that plant riparian buffers to improve stream
conditions, and planning and removing fish passage barriers to re -open upstream areas
previously inaccessible to salmon and other fish species.
Example Fish and Wildlife Habitat Improvement Programs and Services —
• Conservation Reserve Enhancement Program — Coordinate with state and federal
partners and farmers to implement an agriculture land rental program to establish
buffers of native trees and shrubs along fish bearing streams and rivers.
• Regional Conservation Partnership Program — Coordinate with state and federal partners
and land owners/occupiers to remove fish impassible culverts and crossings on
driveways and farm and forest roads.
0?:'s Pio<>ram of\Vpith Proposed Ratc�� CI Appropriation 13ud_>ct P ,c () of -1
• Native Plant Sale & Residential Habitat Enhancement Projects — Plan and facilitate an
annual native tree, shrub, and groundcover sale to support residential and landowner
implemented habitat stewardship and backyard conservation projects.
• Residential and Working Lands Riparian Enhancement— New this year is a proof -of -
concept initiative in partnership with the WSCC to promote and implement salmon
recovery practices through the voluntary stewardship model championed by
conservation districts. The focus of this work will be on establishment of new riparian
buffers at the reach scale.
Typical Annual Investment and Funding Sources —
The typical annual investment level is approximately $765,350 per year. Current funding
partners include Washington State Conservation Commission, Whatcom County, USDA
NRCS/FSA, US FWS, and BBWARM. (This figure does not include funding for the new
Residential and Working Lands Riparian Enhancement Program.)
3. Water Quantity Management and Water Conservation
The District's water quantity management and water conservation goals are to increase
awareness of water quantity improvement initiatives, provide education and technical
support on practices to improve water -use efficiency, lead county -wide domestic water
conservation program, and integrate irrigation efficiency practices into agriculture
operations. Aligned programs and services focus on reducing residential water use through
a residential water efficiency appliance rebate program, identifying and addressing barriers
to agricultural irrigation water -use efficiency practices, and planning, designing, and
implementing flood mitigation actions and drainage maintenance projects.
Example Water Conservation and Water Quantity Management Programs and Services —
• Agriculture Water -use Efficiency — Develop and disseminate on-line and direct marketing
content on water efficiencies for agricultural water users, provide technical support on
implementing irrigation efficiency practices, conduct research on drainage system and
sub -surface groundwater management approaches that maintain crop productivity, and
improve and advance AgWeatherNet-associated data collection and accessibility to
inform sound irrigation decisions.
• Domestic Water -use Efficiency — Develop and administer the Whatcom Water Alliance
domestic water -use efficiency rebate program, develop and monitor water usage and
savings rates among WWA members, develop and deliver school -based water -use
efficiency curricula and deliver to K-12 school in local school districts.
• Flood Control and Agricultural Drainage Projects — Support Whatcom County flood
control projects by designing and implementing flood mitigation plans, and support local
0 :� �'Iool"lIII of \\%ork \Vith Proposcd Ratc(� S, Ch3iszCs Appropriation Bud,,m P 11�(, ? oF_Id
Watershed Improvement Districts with planning and permitting drainage maintenance
projects.
Typical Annual Investment and Funding Sources —
The typical annual investment level is approximately $195,520 per year. Current funding
partners include Washington Conservation Commission, Whatcom County, USDA-NRCS, and
City of Lynden, Whatcom Water Alliance members, Lake Whatcom Water & Sewer District,
Birch Bay Water & Sewer District, and Whatcom Community Foundation.
4. Working Lands Conservation
The District's working lands conservation goals are to increase appreciation of and
community support for the conservation of working lands, promote and increase awareness
natural resource -based industries and associated sustainability approaches, highlight leaders
in the farming, ranching, and forest management communities in local and regional media
and communications, and collaborate with local and regional leaders on enhancing the land -
management toolbox by advancing the voluntary stewardship model. Aligned programs
and services focus on protecting agriculture lands through fee simple acquisitions and
easement purchases, and promoting community awareness and support of farming,
ranching, and forest industries through events and communications.
Example Working Lands Conservation Programs and Services —
• Farm and Forestland Conservation — Monitor and contribute to local agriculture
conservation policy at the Agriculture Advisory Committee and Whatcom Conservation
Easement Oversight Committee, support proposed agriculture and forestland easement
purchases in partnership with the Whatcom Land Trust and the Whatcom County
Conservation Easement Program, and prepare conservation plans and support
landowner implementation of planned practices in association with easement programs.
• Promote Local Agriculture Industries Promotion and Engagement —Write and publish
Landowner Spotlights to promote awareness of local agriculture by highlighting working
lands landowner who are leaders in natural resource management on private lands, and
promote local farming, ranching, and forestry industries through farm tours and other
sponsored engagement activities such as the Farm Expo.
Typical Annual Investment and Funding Sources —
The typical annual investment level is approximately $259,920 per year. Current funding
partners include Washington Conservation Commission, Whatcom Community Foundation,
and Whatcom County.
2U;Z i Program of 1\%orl< \\/ids }'ropxosed ltcitcs & (h >i .appropriation 13udg P�1"2e 8 of' 31
5. Climate Resiliency
The District's climate resiliency goals are to build community support for climate resiliency
and preparedness through education and outreach, reduce wildfire -related risk and harm to
people and property, and improve the capacity of residential and working lands to capture
carbon. Aligned programs and services focus on planning, promoting, and implementing fire
preparedness practices, and advancing native tree planting and retention efforts and
climate -smart soil health practices.
Example Climate Resiliency Programs and Services —
• Wildfire Risk Reduction Program — Promote and engage residents through Wildfire
Awareness Month activities, conduct home wildfire risk assessments and prepare
associated fire preparedness plans, especially in areas of moderate to high wildfire risk,
support community enrollment in Firewise USA, and plan and implement fuel -reduction
projects.
• Carbon Capture Capacity Development — Promote the carbon storage benefit of healthy
trees, coordinate with Whatcom Million Trees project to increase new tree planting and
promote tree retention throughout Whatcom County.
• Sustainable Farms and Fields Climate Smart Practices — New this year is a proof -of -
concept initiative in partnership with the Washington State Conservation Commission
(WSCC) to promote and implement climate smart, carbon sequestering soil health and
conservation practices.
• Small Acreage Forest Stewardship Assistance —Anticipated fiscal year 2024 (July 2023) is
a proof -of -concept initiative in partnership with the WSCC and Washington Department
of Natural Resources to deliver scaled forest stewardship planning services to small
forest landowners for forest health, reduced land conversion, and retention of forest and
tree canopy cover.
Typical Annual Investment and Funding Sources —
The typical annual investment level is approximately $246,520 per year. Current funding
partners include Washington Conservation Commission, City of Bellingham, Skagit
Conservation District, and Whatcom County. (This figure does not include new investments
in the Sustainable Farms and Fields Program or Small Acreage Forest Stewardship
Assistance.)
District Administration and Governance
The District's Program of work is supported by an administrative system that includes
governance and oversight by an all -volunteer 5-member Board of Supervisors and
�C :3 Progrnn oP \VoI k WidI Proposed RZ Ites & C l mrL�cs Appl-opni ltioil Budget Pa1,2 q of �=i
management by a 3.25-3.75 FTEs. The cost of the District's administration and governance
functions is approximately 21% of direct program operating costs (assumes a $2.3M
operating budget). District administrative costs are funded by program grants and contracts.
In addition to staff costs, District administration includes indirect items such as maintaining
an office and vehicle fleet, providing computing equipment and related services, purchasing
office supplies and equipment, etc.
RATES AND CHARGES REVENUE SUMMARY
The District proposes an annual system of rates and charges with a $5.00 per parcel cap and
in some cases a per -landowner cap (see Appendix A). A rates and charges report prepared
by the FCS Group details the rate schedule and underlying analysis. The full FCS Group rates
and charges report is included by Exhibit in the District rates and charges submittal to the
Whatcom County Executive and Whatcom County Council in July of 2022.
Rates and Charges Revenue
A District system of rates and charges will be collected by the Whatcom County Treasurer
and the rate schedule applied to eligible Whatcom County parcels included in the Whatcom
County Assessor's database. The District proposed rate schedule is estimated to generate
approximately $510,529 per year in revenue to implement the District Program of Work.
This amount would be remitted to the District minus delinquencies and any retained fees,
such as a fee retained by the Assessor's Office to set-up and maintain the rates and charges
roll.
Estimated collections $510,529
Estimated Delinquency TBD
Assessor's fee (NTE 1%) TBD
Estimated amount remitted to District $510,529
District's administration fee TBD
Amount available for operations/programs/services $510,529
(less fees/delinquencies)
Reconciliation of Other Revenue
The cost of the District's program of work is wholly funded through state and federal grants
and local and regional inter -local agreement -based contracts. Most of these grants and
contracts are one-time sources of funding. A fraction of these grants and contracts
.023 Program of \York With Proposcd Rate & Uharsres Appropriation 1 whm P<i� (: 10 of .,)d
(—$550,000) are considered recurring on an annual basis during the time frame associated
with the District's proposed system of rates and charges. These recurring sources of
revenue are included in the FCS Group rates and charges analysis as an offset to the Program
of Work budget funded by rates and charges.
Rates and Charges Revenue Allocation
The Whatcom County Treasurer will remit approved rates and charges collections to the
District. The District will allocate remitted rates and charges collections to implement the
Program of Work in alignment with the natural resource priorities and consistent with the
highlighted programs, services, and operations.
DISTRICT RESPONSIBILITY & FISCAL ACCOUNTABILITY
Whatcom Conservation District is committed to open, transparent, and accountable
governance. The District looks forward to collaborating with Whatcom County on
implementing the District system of rates and charges and proposes the following associated
fiscal responsibility and accountability actions.
Annual Reporting
In accordance with the statutory requirements of Chapter 89.08.341 RCW, the District will
provide regular reporting to Whatcom County. District reporting to Whatcom County will
include an annual program of work to outline the upcoming fiscal year work plan priorities
and an annual report to communicate actual fiscal year activities with expenditures.
Ongoing Stakeholder and Community Input
The District is committed to accountable governance. The District will seek input from
partner agencies, organizations, and residents of Whatcom County on a reoccurring basis to
adaptively manage the District's programs and services for relevancy and effectiveness, to
identify emerging natural resource management priorities, and to respond to unanticipated
needs. Examples of engagement activities the District may conduct include using survey
instruments to gather general input, convening round -tables to gather topical input, and
engaging partners in an advisory capacity to the District Board of Supervisors. (See Appendix
D for a report of stakeholder engagement on long-range priorities and rate and charges.)
0?:, Pion>,rmn of \\%or!: A pith Propo c<] Ratc.�, C h n.�:Cs Appropri<ttion Budh�ct Pagc l 1 of, /
APPENDIX A
WHATCOM CONSERVATION DISTRICT
Rate Schedule and Revenue Calculation
Residential
$ 5.00 $ -
73,598 65,474
$ 367,990 $ -
$ 367,990
Commercial
$ 4.99
$
7,604
136,018
$ 37,925
$
$ 37,925
Open Space
$ 5.00
$
1,237
13,187
$ 6,183
$
$ 6,183
Institutional/Public
$ 5.00
$
634
2,805
$ 3,168
$
$ 3,168
Agriculture
$ 5.00
$
5,501
109,325
$ 27,496
$
$ 27,496
Designated Forest Land
$ 2.99
$
904
82,469
$ 2,703
$
$ 2,703
Vacant / Undeveloped
$ 5.00
$
13,018
30,522
$ 65,064
$
$ 65,064
TOTAL
102,496
439.800
$ 510.529
$
$ 510,529
per RCW forest land coaxes out at $3.00 per property owner and. 03 per acre based on 10% of the weighted average of acreage charges imposed on all other land use categories
Page 12 of 34
EMINOVDIVIC:
WHATCOM CONSERVATION DISTRICT
Program of Work and Budget
Natural Resource Priority Allocations
INN=
Water Quality Improvement (Incl stormwater quality)
$ 807,688
$
797,684
$ 10,004
$ 807,688
Aquatic& Upland Habitat Improvement
765,354
759,038
6,316
765,354
Water Quantity Improvement (Incl stormwater quantity)
195,518
194,254
1,264
195,518
Working Lands Conservation
259,920
256,962
2,958
259,920
Climate Resiliency
246,520
242,153
4,367
246,520
TOTAL
$ 2,275,000
$
2,250,091
$ 24,909
$ 2,275,000
less: Other Revenues
(550,000)
NET TOTAL
$ 1,725,000
Page 13 of 34
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Rates and Charges Development
Stakeholder Engagement Program of Work Development
During the first half of calendar year 2022, the Whatcom Conservation District launched a long-
range planning and rates and charges stakeholder engagement process. This effort included an
on-line survey directed at the entire Whatcom County community, direct outreach to
stakeholders and elected representatives, and two public hearings. The purpose of the on-line
survey and direct outreach effort was to gather public input and recommendations on the
future and ongoing conservation focus of the District. The purpose of the public hearings was
to gather public comment on the specific program of work and rates and charges
appropriations budget.
On-line Survey —
As of May 31, 2022, 244 Whatcom County residents responded to the survey. Survey responses
were in alignment with the District's current program of work. For example, all respondents
identified agriculture, aquatic areas, and forest conservation as their top three natural resource
management and conservation programming priorities. Additionally, 75% of respondents
indicated a willingness to pay a conservation district fee to support delivery of that
programming, and 55% of those indicated a willingness to pay a fee in an amount that exceeds
the statutory limit for conservation districts, which is $5.00 per parcel and 10 cents per acre per
year. Responses also suggested new and enhanced areas of programmatic focus, including
more residential upland habitat enhancement services such as tree planting and native plant
landscaping, additional services to assist landowners with address the impacts of floods, and
new climate resiliency aligned forest stewardship services. The District is continuing to
promote the survey and collect survey responses on an ongoing basis. (Preliminary survey
responses are summarized in a following report.)
Direct Outreach to Kev Stakeholders and Elected Representatives —
Direct outreach was conducted with 122 stakeholders and elected representatives, including
incorporated and unincorporated neighborhood associations, service organizations, and
interest groups (for example, Whatcom County Commercial Fishermen's Association); local
government representatives, including city mayors and council members, and the Whatcom
County Executive and Whatcom County Councilmembers; non-profit organizations; other
special purpose districts in the agriculture, environmental, and community development
Page 15 of 34
sectors; state and federal partners (e.g., WA DNR, USDA NRCS); and the Lummi Nation and the
Nooksack Tribe. Engagement took the form of email and phone -based invitation to discuss
natural resource conservation priorities; email, phone, and presentation -based discussions.
The District is continuing to engage stakeholders and consider input on an ongoing basis. (A
record of one-on-one stakeholder engagement activities is included in a following table.)
Rates and Charges Public Hearings —
Based on stakeholder input collected through the long-range planning -associated survey, direct
engagements with stakeholders, as well as other District considerations, the Whatcom
Conservation District Board of Supervisors worked with staff and the FCS Group, a regional
leader in rate model development, to develop a proposed system of rates and charges. The
Board presented the proposed system of rates and charges and associated program of work
and budget during two public hearings — one on July 7, 2022 and the other on July 11, 2022. The
purpose of the public hearings was to gather and consider public comment on a proposed
system of rates and charges to fund the District's conservation activities and programs within
the unincorporated and incorporated areas of Whatcom County. The District received written
public comment from one individual and oral public comment from two individuals. Public
hearings were announced by legal notice in the Bellingham Herald on June 24, 2022 and July 1,
2022, the Lynden Tribune on June 29, 2022, and the Northern Light on June 30, 2022; physical
postings in 32 public locations in the incorporated and unincorporated areas of Whatcom
County beginning June 23, 2022; on the District web page beginning Jun 22, 2022; and though
District social media posts and boosted advertisements. (A record of pubic hearing noticing and
advertising activities is included in a following table.)
Page 16 of 34
0 0 , _1
Stakeholder Engagement Program of Work Development
On-line Survey, Preliminary Results
1. Which three natural resources in Whatcom County are the most important for your District to
conserve, enhance or protect? Please list in order of priority.
Results are summarized below in pie charts by number of responses.
Examples of responses in the top three categories are below:
Water = "Clean water/streams" "Shoreline" "Water Quality/quantity" "water supply and quality"
Agriculture/Farmland = "active agriculture" "Farm Stewardship" "Open farmland" "Maintain
agricultural areas"
Forest = "Timber Resources" "Forest ecosystems" "Trees" "forested/vegetated riparian buffers"
Non Natural Resource = "Development rights" "Recreation" "Noise" "Traffic"
Overall Summary - Total Counts
Wildlife, 49
Agriculture,
132
I
Air, 5
Water, 195
r
Climate Change,
28
r
Education, 17
Fish, 42
Soil, 22
Riparian, 10
Plants, 11
Other. 26
a
Forest, 92
Land, 30
Marine, 8 Non Natural Resource, 34
Page 17 of 34
APPENDIX D
1st Choice Summary
Water, 47
Soil, 5�
Riparian, 2
Plants, 5
Other, 7
Non Natural
'.
Resource, 17
Marine, 3
Page 18 of 34
/_\»4►1RIkAv .
2. Of the following areas* of conservation programming, which are the most important for the District to
offer? Please rank the 7 areas of programming in order of priority. (Selections were randomized for
each participant)
❑ Habitat Stewardship Services
❑ Forest Stewardship Services
LI Farm and Livestock Services
❑ Climate -Resiliency Services
Youth Education Services
[I Urban Residential Services
Conservation Research Services
* Note that under each category were examples of service options
Summary of responses are below by their wieghted average. Habitat, Forests, Farms stewardship as
well as Climate -Resiliency services were the highest-ranking priority conservation programs for the
District. Which follow closely to the NRP areas identified in question 1.
ofthe foRo w€ng areas of conservation [--wogran-in-iing, which are the iriost
iirapoltant for the DIstrict to offer`' Please iank, t[ie 7 a reas of pio;ran-irning
in of der of prioiity.
Farn and
L a�stbck...
U!ban
R 5 f clltt �C,.
r -psi rM
\ }M
'. 7 3t_
Page 19 of 34
APPENDIX D
3. What options didn't you see above, or additional criteria you would add, that you believe the District
should offer?
[These responses have not been summarized or coded at this time, see LINK for all results]
4. Would you be willing to pay an annual conservation fee to implement the District programs and
activities you identified in Questions 1, 2, and 3?
❑ Yes
❑ No
Results indicate that the majority of respondents 76% be willing to pay an annual conservation fee to
implement the District programs and activities. (N=242)
WO LACI YOU be willing to pay all anIlUal conservation fee to irnplen-lent tide
Dist l ict progi ants anci activities you identified in Questions 1, 2, and ?
go
Page 20 of 34
APPENDIX D
5. If yes, which of the following annual fee ranges would you pay to implement those District programs
and activities?
❑ $1-3/parcel per year
❑ $3-6/parcel per year
❑ $6-9/parcel per year
❑ >$9/parcel per year
Results indicate 29% are willing to pay $1-$3 per parcel at with 49% of respondents would be willing to
pay >$9 per parcel.
If yes, whitlh of the following at-OlUal, fee ranges would you pay to iniptenient
those District prograrTis and at--tivities?
Page 21 of 34
6. How long have you lived in Whatcom County?
❑ < 5 years
❑ 6-10 years
❑ 11-20 years
11 >20 years
Results indicate that the majority of respondents 58% are long term residents of Whatcom County >20
years. (N=255) It could then be inferred that they are vested in the community, familiar with natural
resource challenges.
How longhave VOLI Uvecj in Whatcorn C OL11lty?
Page 22 of 34
'' L 1 0
7. Do you own your parcel/property?
CI Yes
❑ No
N/A
Results indicate that the majority of respondents 86% own property in Whatcom County. It could be
inferred that they understand the challenges around land ownership, cost of current property taxes, and
value programs that help steward their land. (N=246)
Do you own your parce[/propertv?
Page 23 of 34
APPENDIX D
8. How many acres of land do you own, lease and/or manage?
❑ <1
❑ 1-10
❑ 11--50
❑ 51-100
❑ >100
❑ N/A
Results indicate that the majority of respondents 49% own/manage less than 1 acres of land, but
28% own/manage 1-10 acres. (N=244)
How many ac i es of land do you own, lease and/oi manage?
Page 24 of 34
9. Select the type of landownership or operation that best describes your situation.
Cl Rural Residential
Cl Urban/Suburban Residential
❑ Non-commercial Farm
C] Non-commercial Forest
11 Commercial Farm
❑ Commercial Forest
1- Other (please specify)
Results indicate that the majority of respondents 45% are Urban/Suburban Residential landowners with
a mix of rural and urban. It could be inferred then that their interest in natural resource conservation is
driven by intrinsic values rather than economic as they are not living off of the land they manage.
(N=243)
Setect the type of landowner -ship of operation that Hest desci ibes foot
rr131 -
1...> nFi
Earn.
Page 25 of 34
ANSWEP.CHOICES
RESPONSES
„
, Rurai Resident?at
-_,
- Ui ba^ISutaurbao Restct2ntial
i"iD
- Kori-Con,--I lerdaL Fa.'-m
22
Kori-contrriecciaL Forest
2.»7DX,
S
- Coynrr;erdal Faun
5.76 ri
1-
n- Fa'M - Livestock,EyLflne
0.00';
D
- Cornnrei ciaL Forest
1.2314,
ti
- Farm, - Dair
0,41%
� Far�t3 - Va�etaDle, I�.rrseryi Greenc�uselFiariculti.iie �Sac
s3.D'Cs°:6
D
- Hari -coin rsmerciat Fa:nm
0,C0"A
D
- Other (oLease specify)
-
1TOTAL
243
10. Does your land contain or is it adjacent to a waterbody (examples include marine shoreline, creek,
and wetland)?
❑ Yes
C] No
Results indicate that half of respondents (56%) live adjacent to a waterbody. This is interesting as the
results for question #1 indicate water as being a priority resource for protection. It can also be inferred
that this is not representative of Whatcom County as a whole in that it is not possible that >50% of
Whatcom county residents live adjacent to a water body, but it does make sense that those living next
to water would care more deeply about its protection. (N=249)
Does your land contain Car- is it adjacent to a v,,aterbodye (examples
inct de mai ine shoreline; creek. and rive tan )'?
045WER CHucEfl
Page 26 of 34
APPENDIX D
11. Does your land contain a woodlot or forest?
❑ Yes
Cl No
Results indicate that the majority of respondents (38%) own/manage land with woodland forest (land
containing growing trees). While only 62% do not have any woodland. (N=250)
Does your [and contain a wood[ot or forest?
oknz;rve3ed: 2: ;yt;;; �& 4
Ye; s
NO
101% 20°11 30% 404a 504, 6096 701ic 80% 901b 100°:o
ANSWER CHOICES RESPONSES R
Yes
NO 62.40% c:
TOTAL 9,50
Page 27 of 34
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EXHIBIT D
WHATCOM CONSERVATION DISTRICT
WHATCOM COUNTY, WASHINGTON
RESOLUTION NO. 22-03
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
WHATCOM CONSERVATION DISTRICT, WHATCOM
COUNTY, WASHINGTON, RELATING TO A SYSTEM OF
RATES AND CHARGES; ESTABLISHING A PROCESS TO
PROVIDE FOR LAND OWNER APPEALS OF RATES AND
CHARGES AS APPLICABLE TO A PARCEL OR PARCELS;
AND PROVIDING FOR OTHER MATTERS PROPERLY
RELATED THERETO ALL AS MORE PARTICULARLY SET
FORTH HEREIN.
The Board of Supervisors of the Whatcom Conservation District, Whatcom County,
Washington, hereby resolves as follows:
SECTION 1. FINDINGS AND DETERMINATIONS. The Board of
Supervisors ("Board") of the Whatcom Conservation District, Whatcom County, Washington
("District") hereby makes and enters into the following findings and determinations:
1.1 By Resolution No. 2022-02 and pursuant to Chapter 89.08.405, RCW the District
has proposed to Whatcom County ("County") a system of rates and charges to help pay for the
costs of carrying out the District's programs, services, and conservation projects.
1.2 Chapter 89.08.405(5)(a), RCW provides that the District shall establish by
resolution a process for landowner appeals of rates or charges (collectively, "rates") as applicable
to a parcel or parcels.
1.3 The process authorized by the Legislature for the District's collection of rates is
through the Whatcom County -managed property tax statement, This resolution establishes an
appeal process, as required by Chapter 60, Laws of 2012, that is available to owners of property
following receipt of annual property tax statements.
SECTION 2. APPEAL OF RATES,
2.1 Any person subject to rates as proposed by Resolution No. 2022-02, may appeal a
rate by applying in writing to the District. The rate appealed must first be paid. Filing an appeal
does not extend the period for payment of the rate. Appeals involving delinquent accounts will
not be acted upon until paid in full.
2.2 An appeal and request for a bill adjustment may be based on one or more of the
following:
RESOLUTION NO. 22-03, Page I df4
EXHIBIT D
2.2.1 The area of the parcel is incorrect;
2.2.2 The property is not assigned the proper rate category;
2.2.3 The parcel is wholly or partially outside the District boundaries; or
2.2.4 The rate is otherwise erroneous in applying the terms of Resolution No.
2022702, as adopted by Whatcom County,
2.3 Any appeal and application for adjustment may be made to the District and shall be
decided by the District Board of Supervisors. The burden of proof shall be on the appellant to
show that the rate adjustment sought should be granted. All decisions of the District regarding an
appeal shall be final and conclusive.
2.4 Any appeal and application for rate adjustment must be filed no later than twenty-
one (21) days after the due date of the first payment of annual property taxes established by
Whatcom County. An appeal shall include the following information: the Whatcom County
property tax parcel identification number; the name of the owner of the property; a written
statement of the basis for the appeal; the address of the owner if different from the address shown
on the records of Whatcom County assessor; the appellant's phone number(s) for communication
with the appellant; and, the signature of the owner(s) of the property. An appellant is responsible
for advising the District of any change in any mailing address or phone number. Failure to respond
to District communications regarding an appeal shall be grounds for dismissal of the appeal.
2.5 Hearing Process.
2.5.1 Prelrcaring Conference. Once an appeal has been tirnely filed, the District's
District Manager or designee shall schedule a Prehearing Conference with the appellant
within fourteen (14) days. An appellant is required to participate in the Prehearing
Conference to assist in expediting the appeal, setting a hearing date and identifying the
potential for settlement. If the hearing date is not established at the Prehearing Conference,
the District shall give separate written notice to appellant no later than fourteen (14) days
prior to the hearing.
2.5.2Expert Witnesses. An appellant shall file in writing all direct expert
testimony from appellant's expert witnesses that the appellant intends to rely upon, along
with copies of any exhibits introduced through or relied upon by the expert witnesses.
Filing of expert testimony shall occur no later than seven (7) days prior to the appeal
hearing.
2.5.3 A )cal Hearina. The hearing shall consist of the following:
A. Opening Statements,
B. Appellant's Case. An appellant's case at the hearing shall be limited
to the presentation of lay testimony, to cross-examination by District of any witness whose
RESOLUTION NO.22-03 Page 2 of 4
W020HOWK
testimony has been offered by appellant, including expert witnesses whose testimony has
been offered in writing pursuant to this rule, and to appel lant's redirect examination of any
witness from whom cross-examination testimony is taken.
C. District's Case. The District's case at the hearing shall be limited to
the presentation of lay testimony, to cross-examination by appellant of any witness whose
testimony has been. offered by District, including expert witnesses whose testimony has
been offered in writing, and to District's redirect of any witness from which cross-
examination testimony is taken.
D. Closing Argument.
E. Decision. The Board shall enter a written decision within fourteen
(14) days after the close of the record of the appeal hearing.
2.6 If the District grants an adjustment which reduces the rate for the current year, the
applicant shall be refunded the amount overpaid. If the District determines that an adjustment
should be made which increases the rate due for the current year, the applicant shall receive a
supplemental bill that will be due within forty-five (45) days of the date the supplemental bill is
issued. An appellant seeking a rate adjustment shall be notified in writing of the District's decision.
2.7 The final written decision of the Board of Supervisors may be appealed to the
Whatcom County Superior Court no later than twenty-one (21) days of the date of the Board's
written decision. The party appealing to Superior Court shall bear the cost of production of the
record of hearing before the Board for filing with the Court, such cost to be recoverable in the
determination of the Superior Court that the party appealing to the Superior Court substantially
prevailed in the appeal.
SECTION 3. DISTRICT MANAGER AUTHORITY. The District's District
Manager is authorized prior to or after the hearing under Section 2.5, to settle claims and resolve
disputes over rates, rate category, or classification, and other matters applicable to parcels that are
subject to appeal. The District Manager shall report such settlements to the Board at a regularly
scheduled meeting.
SECTION 4. EFFECTIVE DATE. This resolution shall become effective
immediately upon its adoption.
ADOPTED BY THE BOARD OF SUPERVISORS of the Whatcom Conservation District,
Washington, at a regular open public meeting thereof, and effective this 25th day of July, 2022.
Heather Christianson, Chair
RESOLUTION NO. 22-03. Page 3 of 4
f 701
CERTIFICATE
I, Valeri Wade, Secretary of the Board of Supervisors, Whatcom County, Washington, do
hereby certify that the foregoing resolution is a true and correct copy of Resolution No. 22-03 of
such Board, duly adopted at a regular meeting thereof held on the 251h day of July, 2022, by the
members of such Board in attendance at such meeting and attested by myself in authentication of
such adoption,
Valeri Wade, Secretary/Auditor
RESOLUTION NO. 22-03 Page 4 of 4