HomeMy WebLinkAboutres2023-019File ID:
File Created:
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Agenda Date:
AB2023-434
06/27/2023
Council Office
Whatcom County
Agenda Bill Master Report
File Number: AB2023-434
Version:
Entered by: CHalka@co.whatcom.wa.us
File Type: Resolution
Council Committee of the Whole
07/25/2023
Primary Contact Email: chalka@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Status: Approved
Final Action: 07/25/2023
Enactment#: RES 2023-019
Resolution for Whatcom County Code language revisions to address equity, diversity, and inclusion
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Resolution for Whatcom County Code language revisions to address equity, diversity, and inclusion
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
07/25/2023 Council Committee of the Whole
Action:
RECOMMENDED FOR
APPROVAL
Sent To:
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
07/25/2023 Council APPROVED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Attachments: Memo, Resolution
Whatcom County Page1 Printed on 7126/2023
1
2 PROPOSED BY: FRAZEY
3 INTRODUCTION DATE: July 25, 2023
4
5 RESOLUTION NO. 2023 -019
6
7 WHATCOM COUNTY CODE LANGUAGE REVISIONS TO ADDRESS EQUITY,
8 DIVERSITY, AND INCLUSION
9
10 WHEREAS, Whatcom County has a commitment to creating a safe, inclusive, and
11 welcoming county for all of its diverse residents and communities; and
12
13 WHEREAS, Whatcom County acknowledges that sexism, heterosexism, homophobia,
14 transphobia, and other repressive social constructs can be perpetuated through government
15 language; and
16
17 WHEREAS, gendered and other forms of exclusionary language that exist within
18 governing documents like the Whatcom County Code contribute to the underrepresentation
19 of Whatcom County's diverse communities in governance; and
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21 WHEREAS, Whatcom County recognizes that legislative language must reflect those
22 values of diversity, equity, and inclusion; and
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24 WHEREAS, much of the default code language includes gendered language
25 structures, most common being the use of "he", "him", and "his" pronouns when referring
26 to various county officials, for example, "the director or his designee;" and
27
28 WHEREAS, the use of he/him/his pronouns excludes some individuals from the
29 language of the code, reinforcing gender stereotypes; and
30
31 WHEREAS, when the code does not default to the use of he/him/his pronouns, it
32 typically utilizes "he/she" or "his/hers"; and
33
34 WHEREAS, Whatcom County recognizes that the dichotomy of "he" or "she" is an
35 exclusive form of pronoun usage as it reinforces the gender binary of male/female; and
36
37 WHEREAS, person-first language is a way to center language around the person or
38 individual rather than center their particular condition, disease, disorder, or disability; and
39
40 WHEREAS, the use of person-first language is particularly important in affirming the
41 personhood of individuals and destigmatizing the conditions or identities that they hold; and
42
43 WHEREAS, Whatcom County is committed to making changes to legislative
44 language within the code that is gendered and stigmatizing to marginalized communities
45 because being represented in the language and laws of an individual's governing body is
46 important in feeling included, valued, and a welcome within the community; and
47
48 WHEREAS, implementing inclusive language reflects a commitment to the respect,
49 dignity, and inclusion of all people; and
1 NOW, THEREFORE, BE IT RESOLVED, that the Whatcom County Council hereby
2 requests that the County Executive, or their designee(s), bring forth the language inclusivity
3 code revisions to be reviewed and included as to form by the County Prosecutor to the
4 following sections of the Whatcom County Code based on the exhibits of this resolution as
5 they bring forward any future code updates to the relevant code sections:
6
7 1.Exhibit A: Title 1 -General Provisions
8 a. Chapter 1.10
9 b. Chapter 1.32
10 2.Exhibit B: Title 2 -Administration and Personnel
11 a. Chapter 2.02
12 b. Chapter 2.03
13 c. Chapter 2.04
14 d. Chapter 2.06
15 e. Chapter 2.09
16 f. Chapter 2.11
17 g. Chapter 2.14
18 h. Chapter 2.20
19 i. Chapter 2.22
20 j. Chapter 2.27
21 k. Chapter 2.27A
22 I. Chapter 2.28
23 m. Chapter 2.30
24 n. Chapter 2.36
25 o. Chapter 2.40
26 p. Chapter 2.44
27 q. Chapter 2.46
28 r. Chapter 2.48
29 s. Chapter 2.56
30 t. Chapter 2.58
31 u. Chapter 2.66
32 v. Chapter 2.68
33 w. Chapter 2.80
34 x. Chapter 2.88
35 y. Chapter 2.104
36 z. Chapter 2.118
37 3.Exhibit C: Title 3 -Revenue and Finance
38 a. Chapter 3.02
39 b. Chapter 3.04
40 c. Chapter 3.05
41 d. Chapter 3.08
42 e. Chapter 3.16
43 f. Chapter 3.22
44 g. Chapter 3.23
45 h. Chapter 3.25A
46 i. Chapter 3.40
47 j. Chapter 3.49
48 k. Chapter 3.68
49 4.Exhibit D: Title 5 -Business Licenses and Regulations
50 a. Chapter 5.08
51 b. Chapter 5.12
52 c. Chapter 5.16
53 d. Chapter 5.20
1 e. Chapter 5.28
2 f. Chapter 5.52
3 g. Chapter 5.60
4 5.Exhibit E: Title 6 -Animals
5 a. Chapter 6.04
6 6.Exhibit F: Title 8 -Health and Safety
7 a. Chapter 8.12
8 b. Chapter 8.20
9 c. Chapter 8.24
10 d. Chapter 8.28
11 e. Chapter 8.32
12 7. Exhibit G: Title 10 -Vehicles and Traffic
13 a. Chapter 10.32
14 b. Chapter 10.36
15 c. Chapter 10.40
16 8.Exhibit H: Title 11 -Boating and Swimming
17 a. Chapter 11.04
18 b. Chapter 11.20
19 c. Chapter 11.24
20 d. Chapter 11.28
21 e. Chapter 11.40
22 f. Chapter 11.44
23 9.Exhibit I: Title 12 -Roads and Bridges
24 a. Chapter 12.12
25 b. Chapter 12.14
26 c. Chapter 12.16
27 d. Chapter 12.28
28 e. Chapter 12.30
29 f. Chapter 12.48
30 10. Exhibit J: Title 15 -Buildings and Construction
31 a. Chapter 15.04
32 11. Exhibit K: Title 16 -Environment
33 a. Chapter 16.08
34 b. Chapter 16.16
35 c. Chapter 16.24
36 d. Chapter 16.30
37 e. Chapter 16.36
38 f. Chapter 16.40
39 12. Exhibit L: Title 17 -Flood Damage Prevention
40 a. Chapter 17.08
41 b. Chapter 17.10
42 13. Exhibit M: Title 20 -Zoning
43 a. Chapter 20.13
44 b. Chapter 20.14
45 c. Chapter 20.17
46 d. Chapter 20.20
47 e. Chapter 20.22
48 f. Chapter 20.24
49 g. Chapter 20.32
50 h. Chapter 20.34
51 i. Chapter20.35
52 j. Chapter 20.36
53 k. Chapter 20.37
1 I. Chapter 20.40
2 m. Chapter 20.42
3 n. Chapter 20.59
4 o. Chapter 20.60
5 p. Chapter 20.61
6 q. Chapter 20.62
7 r. Chapter 20.63
8 s. Chapter 20.64
9 t. Chapter 20.66
10 u. Chapter 20.78
11 v. Chapter 20.81
12 w. Chapter 20.83
13 x. Chapter 20.88
14 y. Chapter 20. 97
15 14. Exhibit N: Title 21 -Land Division Regulations
16 a. Chapter 21.06
17 b. Chapter 21.10
18 15. Exhibit 0: Title 22 -Land Use and Development
19 a. Chapter 22.05
20 16. Exhibit P: Title 23 -Shoreline Management Program
21 a. Chapter 23.60
22 b. Chapter 23.70
23 c. Chapter 23.110
24 17. Exhibit Q: Title 24 -Health Code
25 a. Chapter 24.05
26 b. Chapter 24.07
27 c. Chapter 24.11
28 d. Chapter 24.15
29 18. Exhibit R: Title 100 -Flood Control Zone Districts
30 a. Chapter 100.01
31 b. Chapter 100.02
32 c. Chapter 100.06
33 d. Chapter 100.07
34
35 BE IT FURTHER RESOLVED, that the County Executive or their designee monitor
36 the status of the exhibited code revisions, keeping an ongoing track of which code revisions
37 have been implemented based on code updates and which still remain unimplemented; and
38
39 BE IT FURTHER RESOLVED, that the County Executive or their designee review the
40 status of all language inclusivity code revisions every two years and identify any further
41 action that can aid in a swift and cost-effective implementation of the revisions; and
42
43 BE IT FURTHER RESOLVED, that all future proposed or adopted ordinances,
44 resolutions, and code amendments include the appropriate gender inclusive language,
45 including but not limited to:
46 • Using gender-neutral pronouns by replacing all gendered language with
47 "they/them/their" pronouns when referring to individual people
48 • Using "person" when referring to an individual rather than "men/man/male"
49 or "women/woman/female"
50 • Using phrases like "chairperson" or "chair" rather than "chairman" or
51 "chairwoman"; and
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BE IT FURTHER RESOLVED, that all future proposed or adopted ordinances,
resolutions, and code amendments include the appropriate person-first language, including
but not limited to:
• Using person-first language as it related to substance use, including the
phrase "person with a substance use disorder" rather than "drug
addiction", "drug addict", or "substance abuse"
• Using person-first language when referring to issues of houselessness
or disabilities, including using the phrase "people experiencing
houselessness", "people with disabilities", or "people who are
unhoused"
Karen Frakes (by email 7/13/2023)
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
;{/
!l ✓ L, .. ',
Exhibit A: Title 1 -General Provisions
Chapter l.10
PROCEDURES FOR MANAGEMENT AND DISPOSITION OF
COUNTY-OWNED PERSONAL AND REAL PROPERTY
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Personal property which county departments determine to be surplus shall be appraised by the
purchasing agent and an estimated market value shall be established by the purchasing agent exercising
ms-their best professional judgment in making a good faith determination as to the value of the property.
(Ord. 90-126 Exh. A (part)).
Chapter 1.32
PUBLIC RECORDS
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A. The county executive shall appoint a public records officer who shall provide centralized oversight,
guidance and leadership to fulfill public records requests for the county.
B. Subject to subsection C of this section, the public records officer shall:
1. Serve as a point contact for members of the public in requesting disclosure of public records;
provided, that requests may also be presented to county offices and departments;
2. Oversee compliance with the public disclosure requirements of this chapter; and
3. Adopt such policies and procedures as may be necessary to carry out the provisions of this
chapter consistent with applicable laws.
C. The public records officer shall publish his or hertheir name and contact information in a way
reasonably calculated to provide notice to the public, such as posting at the county's primary place of
business, posting on the county's internet site, or including in county publications.
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In the case of a request for records that may contain a list of individuals, prior to receiving the records, the
person making the request must furnish an affidavit stating either:
A. That he/she isthey are not requesting the list for commercial purposes; or
B. That he/she isthey are specifically authorized or directed by law to obtain the list of individuals for
commercial purposes, and that identifies such law. (Ord. 2018-034 Exh. A).
Exhibit B: Title 2 -Administration and Personnel
Chapter 2.02
COUNTY COUNCIL.*
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A. The council shall publicly announce any vacancy and shall provide a reasonable period for interested
candidates to contact councilmembers and request that his or hertheir name be considered for the vacant
position.
B. Such announcement shall be made at least 10 days before the vacancy is filled. (Ord. 2017-081 Exh.
A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A).
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A. A vacancy on the county council shall be filled by a qualified registered voter and resident of the district
he or shethey represents, meeting all of the qualifications of Section 4.20 of the Whatcom County
Charter.
B. Any information provided by a nominee may be checked to verify qualifications, and submission of a
personal resume may be requested. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh.
A).
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A. Nominations to fill a vacancy on the county council shall be made by any council member by
nominating an individual by name in a regular open meeting. No councilmember may nominate himself or
J:lefsel.fthem selves.
B. All names submitted may be referred to a committee of the whole for consideration.
C. Nominees may be personally interviewed by a committee of the council, or any councilmembor(s)
chosen by the council to conduct such interviews. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord.
2008-004 Exh. A).
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A. Any councilmember desiring to speak shall first be recognized by the chair, and shall confine flis-OF
J::i.eftheir remarks to the specific subject under consideration or to be considered. The councilmomber who
has proposed a motion or the committee member who has presented a report shall be allowed the first
opportunity to explain the motion or report, and usually is allowed to speak last on it. No member or small
group of members shall be permitted to monopolize the discussion on a question. If a member has
already spoken and other members wish to speak, they should be recognized in preference to the
member who has already spoken on a question.
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Chapter 2.03
BOARDS AND COMMISSIONS
A. A member may be appointed to serve up to two consecutive four-year terms, regardless of whether
that member has served a partial term of less than four years.
B. No board, commission or committee member shall serve more than two consecutive full terms;
however, after serving two consecutive full terms, a citizen may become eligible for reappointment to a
board, commission or committee after a one-year period of separation from the respective board,
commission or committee on which he or shethey hashave previously served.
C. Term limits do not apply to the annual appointment of Whatcom County councilmembers to various
county and community boards, commissions, or committees, unless specified in the enabling ordinance.
(Ord. 2019-008 Exh. A; Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003
Attachment E (part); Res. 80-13 § 2).
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A. Council confirmation of executive appointments shall be handled in the following manner: The
executive shall present in writing to the council office, no later than seven days before the council meeting
at which action is requested, the names of Ri&-their appointments, positions and terms to which they are
to be appointed, information on the appointees' qualifications or background, and any other information
the executive deems appropriate, except in the case of executive appointments to executive and
administrative offices, in which case this information shall include a job description and a resume. This
information shall also be made available upon request to the public.
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A. The clerk of the council shall cause to be compiled and published annually a listing of vacancies and
anticipated vacancies on all citizen boards, committees and commissions within the appointive jurisdiction
of both the council and the executive.
B. The listing shall state the title and term of office of each position, residency requirements (if any), the
appointing authority, and an address and telephone number for obtaining further information or for making
applications. The listing shall also include a brief description of the duties of each position and information
on when the regular meetings of the body in question are held.
C. The listing shall be posted in conspicuous places in the Courthouse, provided to all county
councilmembers, public libraries and city halls in the county, and be made available to the public and
news media at no charge.
D. Persons expressing an interest in applying for appointment to a council-appointed position on a board,
commission or committee shall be given an application form to complete and file with the clerk, giving his
eF--AeFtheir name, address, telephone number, occupation and relevant qualifications. The applications
shall be kept on file in the clerk's office.
E. Persons expressing an interest in applying for appointment to an executive-appointed position on a
board, commission or committee shall be given an application form to complete and file with the
executive's office, giving his or hertheir name, address, telephone number, occupation and relevant
qualifications. The applications shall be kept on file in the executive's office.
F. In fulfilling the obligations of this section, the clerk shall seek the cooperation of the executive and may
accomplish his or hertheir obligations through joint action with the executive's office. (Ord. 2019-008
Exh. A; Ord. 2017-007 Exh. A; Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord.
91-030 (part). Formerly 2.03.080).
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To qualify for appointment by the council and/or executive to fill any vacancy on a board, committee or
commission, a person shall be a qualified registered voter and resident of the district, agency, or group J:IB
or she is they are appointed to represent on a specific board, committee or commission, meeting all of the
qualifications of Section 4.20 of the Whatcom County Charter. Individuals who have declared candidacy
(as defined in RCW 42.17A.005(7)) for a paid elected office in any jurisdiction within the county are not
eligible for appointment while he or she isthey are a candidate, but shall be eligible for: (A) appointment
as the official representative of an entity he or she isthey are currently elected to, or (B) reappointment to
additional terms, as allowed by the Whatcom County Code, to the same board or committee Re-Gf
shethey wereas on prior to declaration of candidacy. (Ord. 2019-008 Exh. A; Ord. 2017-007 Exh. A; Ord.
2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 91-030 (part). Formerly 2.03.090).
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Chapter 2.04
Fl RE MARSHAL 1
A. The arson and fire investigator shall have such powers as are conferred on him-them by the county
sheriff, state and local laws, for the purpose of enforcement of the laws enumerated in this chapter and
codes, ordinances and laws adopted by reference in this chapter in the performance of the functions
enumerated herein, and other laws and codes adopted by reference for the purpose of investigation
within the county concerning the cause, prevention and reduction of damage from fire and explosion, and
assisting and cooperating with the appropriate officials and agencies as enumerated in this chapter in the
matter of fire and arson investigations; provided, it shall be the duty of the director of public works/building
official/fire marshal or Ai-&-their designee to investigate bonfires, outdoor rubbish fires, incinerators and
open burning, and for the issuance or nonissuance of burning permits and coordination of burning bans
with the state department of natural resources and the Northwest Air Pollution Control Authority; provided
further, if it is the opinion, upon investigation by the director of public works/building official/fire marshal, ·
that the cause of a fire could or may be arson, he shall immediately notify the arson investigator and
deliver all files or reports to the arson investigator's office within 24 hours.
B. Theyl=le shall notify the chief of any fire department or district within the county of inspections,
investigations, reports or other matters of record that may affect said fire department or district.
Notification shall be by telephone or mail within 72 hours. The arson and fire investigator shall maintain
files in Ai-&-their office of all reports of fires, explosions, inspections and investigations made by him-them
pursuant to this ordinance and submit, on or by January 31st, an annual report. This report shall contain a
statement of the arson and fire investigator's official acts pursuant to this ordinance unless otherwise
directed by the prosecuting attorney or county sheriff.
C. For the purpose of coordinating enforcement of the Uniform Fire Code with other related codes and
state laws as enumerated herein, the deputy fire marshal, in coordination with the bureau of buildings and
code administration under the direction of the director of public works/building official, shall have the
authority and exercise the powers in the performance of his duties as set forth in the Uniform Fire Code,
1982 Edition. (Ord. 87-73 § 1; Ord. 85-3 § 1 (part); Ord. 82-19 (part)).
Chapter 2.06
MEDICAL EXAMINER
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The county sheriff must, within 30 days after the inquest upon a dead body, deliver to the county
treasurer any money or other property which may be found upon the body, unless such money or other
property is claimed in the meantime by the legal representatives of the deceased. If he-they failB to do so,
the treasurer may proceed against the county sheriff to recover the same by civil action in the name of the
county. (Ord. 79-24 § 6).
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Chapter 2.09
PUBLIC DEFENDER
The selection committee will screen all applicants under the guidance of the personnel office for the
position of public defender, and submit the top three finalists to the executive. The executive will then
submit ffi.s..their proposed appointment of one of the finalists to council for its concurrence or rejection.
(Ord. 84-22 § 10; Ord. 82-22 §10).
Chapter 2.11
HEARING EXAMINER-1
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No county official or any other person shall interfere with the hearing examiner or pro tempore hearing
examiner in the performance of his or hertheir designated duties. (Ord. 2018-032 § 1 (Exh. B)).
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The hearing examiner and Ai-s-their pro tempore shall be appointed solely with regard to their
qualifications for the duties of their office, and shall have such training or experience as will qualify them
to conduct administration of quasi-judicial hearings on the application of regulatory enactments and to
discharge other functions conferred upon them, and shall hold no other appointed or elected public office
or position in the county government, except as provided in this chapter. (Ord. 2018-032 § 1 (Exh. B)).
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The hearing examiner shall have the power to prescribe rules and regulations for the conduct of hearings
before him or herthem, subject to approval by the county council; and also to issue summons for and
compel the appearance of witnesses, to administer oath and preserve order. The opportunity of cross-
examination of witnesses shall be afforded all interested parties or their counsel in accordance with the
rules of the hearing examiner. (Ord. 2018-032 § 1 (Exh. B)).
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Chapter 2.14
MUNICIPAL COURT
This municipal court shall have exclusive jurisdiction of matters arising under the ordinance of the city.
There shall be only one position of municipal judge for the city, and theyM shall have jurisdiction to hear
and determine traffic violations within the necessity of any designation as the municipal traffic judge.
(Prior code § 1.48.020).
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The municipal judge of the city shall be required to serve only in a part-time capacity, and the amount of
time required for discharging the duties of the municipal departments shall be approximately 50 percent of
one full-time judge's duties. Nothing in this chapter shall be construed to prevent said judge from also
serving as part-time judge of other municipal departments of the Whatcom County district court, or as to
interfere with theirl=li-s presiding in the district court for Whatcom County, so long as there is no conflict in
theml=li-s so doing. It is the understanding of the parties to this agreement that the salary for the judge
serving as district judge and also as municipal department judge of the city is to be paid jointly by the
county and the cities utilizing the judge as city judge of the municipal court. The city agrees to pay
annually to the county a sum equal to one-half of the annual salary of one district court judge. (Prior code
§ 1.48.050).
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Chapter 2.20
BOARD OF ADJUSTMENT
The term of a member of the board of adjustment shall be for six years after initial appointment (which
may be for a lesser term). A qualified member of the board whose appointment has not been revoked
shall serve until fii.s-their successor has been appointed and has qualified. (Prior code § 2.28.030).
Chapter 2.22
WHATCOM COUNTY COMMISSION ON SALARIES FOR ELECTED OFFICIALS
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A. The commission shall consist of 10 members. Six members shall be selected by lot and appointed and
confirmed as provided in subsection B of this section. The remaining four members shall be appointed
and confirmed as provided in subsection C of this section. The members of the commission may not
include any officer, official, candidate (as defined in RCW 42.17 A.005(7)) for a paid elected office in any
jurisdiction within the county, or employee of the county or any of his or hertheir immediate family
members. For the purposes of this section, "immediate family member" means parent, spouse, domestic
partner, sibling, child, or dependent relative of an officer, official, or employee of the county, whether or
not living in the same household.
B. Six of the 10 commission members shall be selected by lot by the county auditor from among those
registered voters eligible to vote at the time persons are selected for appointment to full terms on the
commission. The county auditor shall establish policies and procedures for conducting the selection by
lot. The policies and procedures shall include, but not be limited to, those for notifying persons selected
and for providing a new selection if a person declines appointment or if, following the person's
appointment, the person's position on the commission becomes vacant before the end of the person's
term of office. The county auditor shall forward the names of persons selected under this subsection to
the county executive who shall appoint those persons to the commission. Appointments made by the
county executive shall be confirmed by the county council.
C. Four of the 10 commission members shall be selected and appointed by the county executive and
confirmed by the county council. The members under this subsection shall be residents of the county and
shall all have experience in personnel management. Of these four members, one member shall be
selected from each of the following fields of expertise: business, professional personnel management,
legal profession, and organized labor. The county council may confirm or reject appointments made
under this subsection. If the council rejects an appointment, the county executive shall promptly appoint
another person meeting the requirements of this subsection.
D. The members of the commission shall serve two-year terms, with his or hortheir term ending on
December 31, 2014. Thereafter, all members shall serve for two years. No person may be appointed to
more than two terms. Members of the commission may be removed by the county executive, with the
approval of the county council, only for cause of incapacity, incompetence, neglect of duty, malfeasance
in office, or for a disqualifying change of eligibility. Upon a vacancy in any position on the commission, a
successor shall be appointed and confirmed to fill the unexpired term. The appointment and confirmation
shall be concluded within 30 days of the date the position becomes vacant and shall be conducted in the
same manner as the original appointment. (Ord. 2017-007 Exh. A; Ord. 2016-026 Exh. A; Ord. 2012-008
Exh. A).
Chapter 2.27
NOXIOUS WEED CONTROL BOARD
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Unless a different meaning is plainly required by the context, the following words and phrases as
hereinafter used in this chapter shall have the following meanings:
A. "Agent" means any occupant or any other person acting for the owner and working or in charge of the
land.
B. "Agricultural purposes" are those which are intended to provide for the growth and harvest of food and
fiber.
C. "Board" means the county noxious weed control board.
D. "Director" means the director of the department of agriculture or the director's appointed
representative.
E. "Noxious weed" means any plant which when established is highly destructive, competitive, or difficult
to control by cultural or chemical practices.
F. "Owner" means the person in actual _control of property, or l=H&-their agent, whether such control is
based on legal or equitable title or on any other interest entitling the holder to possession and, for
purposes of liability, pursuant to RCW 17.10.170 or 17.10.210, means the possessor of legal or equitable
title or the possessor of an easement; provided, that when the possessor of an easement has the right to
control or limit the growth of vegetation within the boundaries of an easement, only the possessor of such
easement shall be deemed, for the purpose of this chapter, an "owner" of the property within the
boundaries of such easement.
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Except as is provided under RCW 17.10.150, every owner shall perform, or cause to be performed such
acts as may be necessary to control and to prevent the spread of noxious weeds from theirfii.s property.
(Ord. 92-009 § 1 ).
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Any authorized agent or employee of the board where not otherwise proscribed by law may enter upon
any property for the purpose of administering this chapter and any power exercisable pursuant thereto,
including the taking of specimens of weeds or other materials, general inspection, and the performance of
eradication or control work. Prior to carrying out the purposes for which the entry is made, the official
making such entry or someone in his or heron their behalf, shall have first made a reasonable attempt to
notify the owner of the property as to the purpose or need for the entry.
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A. Whenever the weed control board finds that noxious weeds are present on any parcel of land, and that
the owner there is not taking prompt and sufficient action to abate and control the same, pursuant to the
provisions of Sections 2.27.180 and 2.27.190, it shall notify such owner that a violation of this chapter
exists. Such notice shall be in writing and sent by certified mail, and shall identify the noxious weeds
found to be present, order prompt control action, and specify the time, of at least 10 days from issuance
of the notice, within which the prescribed action must be taken.
B. Upon deposit of the certified letter of notice, the noxious weed control authority shall make an affidavit
of mailing which shall be prima facie evidence that proper notice was given. If seed dispersion is
imminent, immediate control action may be taken 48 hours following the time that notification is
reasonably expected to have been received by the owner or agent by certified mail or personal service.
C. The county noxious weed control board or its authorized agents may issue a notice of civil infraction as
provided for in RCW 17.10.230 and 17.10.310 through 17.10.350 to owners who do not take action to
control noxious weeds in accordance with the notice.
D. If the owner does not take action to control the noxious weeds in accordance with the notice, the
county board may control them, or cause their being controlled, at the expense of the owner. The amount
of such expense shall constitute a lien against the property. Each such lien created may be collected by
the treasurer in the same manner as a delinquent real property tax, if within 30 days from the date the
owner is sent notice of the lien, including the amount thereof, the lien remains unpaid and an appeal has
not been made pursuant to Section 2.27.230.
E. Written notice of said lien shall be sent to the property owner in the manner set forth in
RCW 17.10.290 and shall include notice of the right to appeal provided by Section 2.27.230.
F. The county auditor shall record in J:ii.s.-their office any lien created under this chapter, and any such lien
shall bear interest at the rate of 12 percent per year and such interest shall accrue as of the date notice of
the lien is sent to the owner.
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Upon approval of the county executive or his or hertheir designee, the board may enter into agreements
with the owners of land, including lands owned by the United States, for the control of noxious weeds as
provided in RCW 17.10.154 and RCW 17.10.200. (Ord. 92-009 § 1 ).
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The board may issue a notice of civil infraction if after investigation it has reasonable cause to believe an
infraction has been committed. It shall be a misdemeanor for any person to refuse to identify himself or
ReFSel-fthemselves properly for the purpose of issuance of a notice of infraction. Any person wilfuUywillfully
violating a written and signed promise to respond to a notice of infraction shall be guilty of a misdemeanor
regardless of the disposition of the notice of infraction. Rules governing notice, response, hearings,
appeals and penalties for civil infractions shall be as set forth in
RCW 17.10.320, 17.10.330, 17.10.340 and 17.10.350. (Ord. 92-009 § 1).
Chapter 2.27A
AQUATIC INVASIVE SPECIES*
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A. Inspections shall be required of:
1. All watercraft prior to its first launch onto Lake Whatcom or Lake Samish in each calendar year;
and
2. All watercraft prior to its first launch onto Lake Whatcom or Lake Samish after it has entered any
freshwater body located outside Whatcom County, Washington; and
3. All watercraft prior to each and every launch onto a public water body from a public access point
for which an AIS check station is operating under this chapter, except watercraft bearing an intact
inspection seal.
B. Exemptions. Watercraft inspections and the associated fees shall not be required for:
1. Law enforcement and emergency response watercraft.
2. Watercraft involved in search and rescue operations or training.
C. Inspection and Decontamination Services.
1. Whatcom County may establish and operate AIS check stations at public access points to public
water bodies.
2. Whatcom County may, upon request by an owner or operator of a watercraft, conduct an
inspection on private property owned by the watercraft owner or operator.
3. All AIS check stations operating under this chapter shall be marked by signs and staffed by one
or more authorized inspectors. AIS check stations authorized by this chapter shall be subject to
hours of operation and other program requirements established by the director of public works or
his designee.
4. If, upon inspection, an authorized inspector determines that a watercraft is not contaminated with
aquatic invasive species, then said watercraft shall be permitted to launch, subject to payment of
fees authorized in wee 2.27 A.050.
5. If, upon inspection, an authorized inspector reasonably suspects that a watercraft or any other
vessel is contaminated with aquatic invasive species, the authorized inspector may decontaminate
the watercraft on site or direct the watercraft owner or operator to a decontamination station where
the watercraft will undergo a decontamination process. Following decontamination, the watercraft
owner or operator shall not launch the watercraft onto a public water body until the watercraft has
been reinspected and approved for launch by an authorized inspector.
6. A watercraft owner or operator may refuse to stop and consent to inspection at any AIS check
station authorized by this chapter; provided, if any watercraft owner or operator refuses to stop and
consent to inspection at an AIS check station authorized by this chapter, then said owner or
operator shall not launch his or hertheir watercraft from said location and shall be in violation of this
chapter if he or shethey nevertheless attempts to do so. (Ord. 2019-018 Exh. A).
Chapter 2.28
HORTICULTURE PEST AND DISEASE BOARD
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A. Whenever the horticultural pest and disease control board finds that an owner of land has failed to
control and prevent the spread of horticultural pests and diseases on theirrus land, as is theirrus duty
under RCW 15.09.060, it shall provide such person with written notice, which notice shall identify the
pests and diseases found to be present and shall order prompt control or disinfection action to be taken
within a specified and reasonable time period.
2
Chapter 2.30
REGIONAL PLANNING
( 0 SHARE
A. The membership of the council shall consist of two Whatcom County council members; the Whatcom
County executive; the mayor and three councilmemberseR of the city of Bellingham; the mayor or
designated council member of the cities of Everson, Nooksack, Sumas, Ferndale, Lynden, and Blaine,
the county school director, or other designated member of the county board of education, the
chairpersonm-Bfl or other designated member of the Whatcom County soil and water conservation district,
the president of the port of Bellingham or other designated member of the port commission and the
president or other designated member of the public utility district commission, the chairpersonm-Bfl of the
Lum mi business council or other designated member of the Lummi council, the chairpersonm-Bfl of the
Nooksack tribal council or other designated member of the Nooksack council, and the chairpersonmafl of
the Whatcom County opportunity council or other designated member of the opportunity council.
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A. The council and executive board may hold monthly or bimonthly meetings at such times and places as
may be agreed upon.by the members of the council of executive board. Special meetings of the council or
executive board may be held on call of the chairmanchairperson.
B. Written notice of any meeting shall be given to each respective council or executive board member at
least 10 days prior to the meeting. Any meeting may be:
1. Held without 10 days' written notice; provided, each member waives notice thereof; or
2. Cancelled by the chairpersonmafl; provided, adequate notice is given thereof. (Prior code §
2.20.090).
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At the first meeting of each calendar year, the council shall elect officers and executive board members. A
complete slate of nominations shall be presented at said meeting by a representative nominating
committee previously appointed by the chairpersonm--aA. Additional nominations may be made from the
floor by any member. (Prior code § 2.20.150).
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In the event of a vacancy in the office of chairpersonm--aA, the vice-chairpersonffl-8-fl shall succeed to said
office. In the event of a vacancy in the office of vice-chairpersonm--aA, the executive board shall elect a
new vice-chairpersonm--aA from the council membership in whatever manner the board shall determine. In
the event of a vacancy in the office of secretary-treasurer, the chairpersonm-aA may appoint a temporary
successor until such time as the executive board has selected and appointed a new secretary-treasurer.
(Prior code § 2.20.160).
Chapter 2.36
HOUSING AUTHORITY
lC SHARE
Five persons are appointed as members to the first board of the Whatcom County housing authority, to
serve from the date of this appointment during the terms running from one year to four years respectively;
provided, the chairpersonmaR shall serve for a period of five years. (Prior code § 1.50.030).
Chapter 2.40
EMERGENCY MANAGEMENT
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The director of emergency management shall:
A. Serve as the chief advisor to the council concerning emergency management matters affecting the
emergency management division;
B. Serve as the emergency management coordinator for the unincorporated portion of Whatcom County;
C. Provide assistance as required to the jurisdictions party to this agreement;
D. Direct the activities of the emergency management division and the emergency operations center;
E. Maintain, review and update the Whatcom County emergency management operations plan, insuring
conformance with the state plan and program;
F. Control and direct the effort of the Whatcom County emergency management organization, including
the preparation of supporting plans and operating procedures;
G. Prepare and submit to the council an annual budget and-program for the emergency management
division;
H. Represent the emergency management division in all life and property of the people, and bind the
county for the fair value thereof, and if required immediately, to commandeer the same for public use;
I. To require emergency services of any officer or employee of jurisdictions signatory hereto, in the event
of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens
of this community as theyJ:IB considers necessary in the execution of theirRi-s duties; such persons shall
be entitled to all privileges, benefits, and immunities as are provided by state law for registered civil
defense workers;
J. To execute all of the special powers conferred upon themrum-by this agreement or by resolution
adopted pursuant thereto, all powers conferred upon themRim-by statute, agreement approved by the
council or by any other lawful authority;
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The Whatcom County emergency management council, hereinafter referred to as the "council," is
established. It shall be composed of the mayor or the executive head of each political subdivision
contracting or signing an interlocal agreement with Whatcom County for emergency management, and
the sheriff as the director of emergency management, who shall serve as vice chairpersonmaR of the
council. (Ord. 89-115 (part)).
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The council shall be the policy-making agency for the division. It shall:
A. Select annually one of its members to act as chairpersonmaR of the council;
B. Meet once annually between July and October in the Whatcom County Courthouse EOC, and at such
other times as necessary at the call of the chairperson m-aA--and/or the director of emergency
management. At least one-half of the membership must be present to constitute a quorum. A quorum will
be four;
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Pursuant to Chapter 38.52 RCW, Whatcom County shall enter into a mutual aid agreement through its
emergency management division with Skagit, Island and San Juan Counties. Whenever any party to the
agreement suffers a disaster which requires additional aid beyond that which said party is able to provide
for itself, each other party to this agreement, at the request of the stricken party through the county
department of emergency management, agrees to lend such stricken party the maximum amount of
equipment, facilities, and manpower labor force that it can reasonably spare at that time. (Ord. 89-115
(part)).
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It shall be a misdemeanor, punishable by fine of not to exceed $250.00, or by imprisonment for not to
exceed three months, or both, for any person during a disaster:
A. To wi#tfflywillfully obstruct, hinder or delay any member of the emergency management organization in
the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of
any duty imposed upon themfii-m. by virtue of this chapter;
Chapter 2.44
BEHAVIORAL HEALTH PROGRAM*
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A. Administration of Funding. The health department shall administer the behavioral health program
under the authority of the county executive. The department shall administer funds for behavioral health
programs, including substance aoo-se-use disorder and mental health services. This administration will
include state and federal funds, local sales and use tax (Chapter 82.14 RCW), local property tax
(Chapter 71.20 RCW), and local two percent liquor profits and excise taxes (Chapter 71.24 RCW).
D SHARE
A. The Whatcom County behavioral health advisory committee is created to serve in an advisory capacity
to the county executive via the health department on matters of general priorities for behavioral health
programs, including substance aoo-se-use disorder and mental health services.
Chapter 2.46
INCARCERATION PREVENTION AND REDUCTION TASK FORCE -LAW AND
JUSTICE COUNCIL
CJ SHARE
The incarceration prevention and reduction task force shall include the following designated officials or
their representative:
A. One member of the Whatcom County council;
B. Whatcom County executive;
C. Whatcom County sheriff/jail administrator;
D. Whatcom County prosecuting attorney;
E. Whatcom County public defender director;
F. Juvenile court administrator/superior court clerk;
G. One representative from the Whatcom County superior court;
H. One representative from the Whatcom County district court;
I. Tribal representation from the Lummi Nation and/or the Nooksack Tribe;
J. One representative from the Whatcom County health department human services;
K. Emergency medical services (EMS) representative;
L. PeaceHealth St. Joseph's Medical Center;
M. Secretary of the State Department of Corrections or ruslheftheir designee;
Chapter 2.48
OPPORTUNITY COUNCIL
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There is created within the council a resource committee, the membership of which shall be open but not
limited to representatives of the following service systems:
A. Educational Systems. Public schools and related educational agencies, libraries, private schools and
other organizations providing educational services;
B. Employment System. Public employment agencies, apprenticeship agencies, employers, labor unions,
occupational and vocational training agencies, special employment agencies, such as for youth or the
handicapped;
C. Welfare System. Public welfare agencies, community nursing agencies, clinics, health and emergency
hospital services;
D. Housing System. Agencies concerned with enforcement of housing, building, fire and sanitation codes,
public and private agencies concerned with low-rent public housing, urban renewal and mortgage
insurance;
E. Public Service System. Public and private agencies concerned with providing services to #-le
f)OOfpeople experiencing poverty, the agedolder adults, tfle-minorities, youth, the physically or mentally
handicappedpeople with disabilities, and ethnic groups within the fields of education, employment,
training-health welfare or housing. (Prior code § 1.44.040).
Chapter 2.56
DEFENSE AND INDEMNIFICATION OF EMPLOYEES1
C SHARE
A. The county of Whatcom may provide legal services for the defense of any of its officers, officials,
agents or employees when a suit against them arises out of an official act, if the requirements of this
section are met. Whether a defense will be provided by the county will be determined by the county
council pursuant to a determination of merit in each case. Such a defense will not necessarily be for the
benefit of the officer or employee but merely in support of his or hertheir actions on behalf of the county.
An attorney may be hired especially for the purpose of any such defense at county expense, or these
services may be provided by the office of the prosecuting attorney, or county officials or employees may
be reimbursed for the costs of legal services they have incurred.
B. Such services or reimbursement may be provided to both past and present officers and employees as
long as the cause of action arose as a result of acts or omissions occurring during their tenure of office or
employment. Such defense or reimbursement may be provided although it may turn out that the officer or
employee exceeded theirRi-s legal rights and authorities. Such defense may also be provided even though
the result at a trial at law clearly shows that the acts were illegal; provided, such acts were done by the
officers or employees in the bona fide discharge of their duties. On the other hand, legal services will not
be provided to officers or employees of the county to defend a charge of official misconduct or to defend
the right to hold office.
C SHARE
Any officer, official, agent or employee of the county of Whatcom may be indemnified for all costs and
judgments which he or shtheye arei-s actually obligated or called upon to pay if the act or omission
resulting in judgment is one for which the individual would be eligible for legal services or reimbursement
for legal services under this chapter; provided, that the same approval process and criteria for
determining whether the county shall provide legal services for the defense of an action shall be
employed in determining whether or not indemnification will be made by the county. (Ord. P-1-77 dated
2/14/77 (part); prior code § 1.60.040).
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A. Those county employees operating county vehicles to and from work shall be deemed to be acting in a
manner in which the county has an interest only when those employees are actually on call or are
authorized to do so in writing by the county executive.
B. No county vehicle shall be operated by any employee for transportation to and from work unless that
employee is on call or is authorized to do so in writing by the county executive.
C. An employee is "on call" on any day when:
1. He or she They haves a duty to respond to emergency calls outside of normal working hours; or
2. He or she is They are performing county business outside of normal working hours where a
county vehicle is reasonably necessary for the performance of such business; or
3. The county-owned vehicle he or she is they are driving is an authorized emergency vehicle as
defined by RCW 46.04.040. (Ord. 93-048; Res. dated 2/14/77).
Chapter 2.58
FEDERAL SOCIAL SECURITY AGREEMENT
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This agreement includes all services performed by each of the eligible employees of Whatcom County for
whom coverage is requested, except the following:
A. Service performed by an employee who is employed to relieve Rim-them from unemployment;
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That the state of Whatcom County shall have the right to terminate this application and agreement upon
giving at least two years advance notice in writing to the other party, effective at the end of a calendar
quarter specified in the notice; provided, however, that the agreement must have been in effect not less
than five years prior to receipt of such notice; and provided further, that if the Secretary of Health,
Education and Welfare should terminate the agreement between the Secretary of Health, Education and
Welfare and the state for the administration by the state of Section 218 of the Social Security Act, as
amended, the state shall have the right to terminate this application and agreement in accordance with
the same rights and powers as the Secretary of Health, Education and Welfare exercises in terminating
the agreements between Aim-them and the state. (Prior code § 1.10.100).
0
Chapter 2.66
COUNTY-OWNED VEHICLES
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The council recognizes that sometimes county business requires use of the vehicle at odd hours.
Therefore, the following provisions are appropriate. A county employee or other authorized user may
check out a county vehicle from the motor pool for overnight use only if:
A. The department head or Ri-s-their designee notifies the motor pool that the employee requesting the
use of the vehicle has authorization to do so;
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If the employee or authorized user is returning the vehicle during hours, fie-they shall return it directly to
the motor pool. (Ord. 2021-006 Exh. A; Ord. 80-45 § 12).
Chapter 2.68
COUNTY-OWNED PARl<ING AREAS
IC SHARE
A. In order to maintain the private integrity of county parking lots/areas, authority is established for the
use of commercial tow-away service for the removal of unauthorized vehicles occupying county
designated parking space.
B. Tow-away service will be utilized under the direction of the county executive and/or theirrus designee.
Chapter 2.80
COUNTY APPEALS BOARD
C SHARE
Members shall not receive compensation from the county for their services as a member for the board;
provided, that if the board, by majority vote, convenes a special board meeting at a location within
Whatcom County other than that established by board rules, the members of the board shall be
reimbursed for travel expenses at the usual county per-mile travel expense rate computed at twice the
distance from the board member's place of residence to the special board meeting location. A member,
the member's firm, or any agent or representative of the member shall not be precluded from receiving
compensation from the county for services rendered outside fli.slheftheir duties as a board member;
provided, that any member having an interest or who is contemplating acquiring an interest in any
particular transaction, contract or project must abstain from any participation in the deliberations of the
board regarding said subject matter; and provided further, that in any event a board member shall abstain
from any deliberation upon a given subject if a disinterested person, having been apprised of the totality
of a board member's personal interest in a matter being acted upon, whether financial or otherwise, would
be reasonably justified in thinking that partiality may exist. (Ord. 2007-024 § 3; Ord. 85-12 § 4. Formerly
2.80.040).
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A. Notice shall be given prior to any hearing on an appeal to all parties to the appeal by placement of the
notice in the mail at least 10 days prior to the date of hearing, except as hereinbefore provided.
B. Notice shall also be posted in the county courthouse of any and all hearings and meetings at least 10
days in advance of such hearings or meetings except as hereinbefore provided.
C. The board shall maintain records and minutes of all meetings, hearings, and of any actions it may take.
Such records shall be kept in a file open to the public in the office of the building official by such person
as J::ie-they may delegate, and for such time period as may be required by law.
Chapter 2.88
FINANCIAL MANAGEMENT WORl<ING GROUP
Cl SHARE
All financial management system users shall comply with the policies and procedures established for the
administration of the system. Any system user that disagrees with a policy or procedure, or finds that
compliance with the policy or procedure places an undue hardship on their his or her department may
request a waiver or change in the requirement. Requests must be received by the FMWG in writing and
will be considered at the next regularly scheduled FMWG meeting. If the issue is not settled to the
satisfaction of the user department, it may be taken to the county executive for resolution. In all cases the
FMWG must act on a request before it can be referred to the executive. (Ord. 2000-011; Ord. 90-16 § 4).
C SHARE
Chapter 2.104
CODE OF ETHICS*
All Whatcom County elected officials shall hold themselves fully accountable to the highest ethical,
professional and legal standards while holding office. No elected county official shall knowingly participate
in the decision making process on any issue in which the official has a private interest. In the case of a
county councilmember, he or shethey shall announce his or hertheir intent to abstain from voting prior to
the beginning of any discussion or deliberation on the issue. (Ord. 2012-036 (Exh. A); Ord. 2002-023 Att.
A§ 2; Ord. 98-057 Att. A§ 2; Ord. 97-045 § 2).
t] SHARE
For the purpose of this chapter:
A. "Action" means any decision, determination, finding, ruling or order; and any grant, payment, award,
license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect
thereto;
B. "Appearance of fairness" means that doctrine applied by Washington State courts and
Chapter 42.36 RCW to quasi-judicial actions;
C. "Compensation" includes payment in any form for real or personal property or services of any kind;
provided, that "compensation" shall not include per diem allowances or payments made by a
governmental entity to reimburse a public official for expenses incurred while the official is engaged in the
official business of the governmental entity;
D. "Elected official" means any person elected at a general or special election to any county public office,
and any person appointed to fill a vacancy in any such office, except judges of the superior or district
courts or precinct committee officers;
E. "Appointed official" means any person appointed by lawful authority granted in the Whatcom County
Charter to an executive or administrative county public office;
F. "Ethics" means principles of conduct governing an individual or a profession; standards of behavior;
G. "Ex parte communication" means any communication, written or oral and relating to a quasi-judicial
action, between an elected official and only one party to said action without the presence of other parties
to the action;
H. "Immediate family" means the spouse, dependent children, and other dependent relatives, if living in
the household, of any such official;
I. "Individual" means a single natural person as distinguished from a partnership or corporation;
J. "Natural person" means an individual human being as distinguished from a partnership, corporation or
other association;
K. "Organized group" means any political committee (other than groups created for the purpose of a
single specific candidate for ooheftheir own campaign), political party, or any special interest group, as
well as political action committees (including political parties) who have filed with the Washington State
Public Disclosure Commission; provided, that groups created solely for the purpose of campaigning for
the election of a specific candidate shall not be an organized group for the purposes of this chapter;
L. "Person" means:
1. An individual;
2. A partnership, limited partnership, public or private corporation, or joint venture;
3. A nonprofit corporation, organization, or association, including, but not limited to, a national,
state, or local labor union or collective bargaining organization and a national, state, or local trade
or professional association;
4. A federal, state, or local governmental entity or agency, however constituted;
5. A candidate, committee, political committee, bona fide political party, or executive committee
thereof; and
6. Any other organization or group of persons, however organized;
M. "Quasi-judicial actions" are those actions of the legislative body, planning commission, hearing
examiner, or other appointed or elected board which determine the legal rights, duties, or privileges of
specific parties in a hearing or other contested case proceeding. Quasi-judicial actions do not include
legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or
other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a
zoning amendment that is of area-wide significance;
N. "Private interest" means any interest from which an elected public officic1I will derive a direct monetary
gain or suffer a direct monetary loss by reason of his or hertheir official activity. Unless the benefit or
detriment does not accrue to the elected public official as a member of a business, profession,
occupation, or group in any greater extent than to other members of such group. (Ord. 2002-023 Att. A
§ 3; Ord. 98-057 Att. A§ 3; Ord. 97-045 § 3).
C SHARE
No elected official shall be beneficially interested, directly or indirectly, in any contract which may be
made by, through or under the supervision of such official, in whole or in part, or which may be made for
the benefit of his or hertheir office, or accept, directly or indirectly, any compensation, gratuity or reward in
connection with such contract from any other person beneficially interested therein. (Ord. 2002-023 Att. A
§ 4.1; Ord. 98-057 Att. A§ 4.1 ).
SHARE
A. A county official shall not be deemed to be interested in a contract, within the meaning of
RCW 42.23.030, if they!:le haves only a remote interest in the contract and if the fact and extent of such
interest is disclosed to the governing body of the county of which he-they are-is an official and noted in the
official minutes or similar records of the county prior to the vote on the contract, and thereafter the
governing body authorizes, approves, or ratifies the contract in good faith by a vote of its membership
sufficient for the purpose without counting the vote or votes of the official having the remote interest. As
used in this section "remote interest" means:
1. That of a nonsalaried officer of a nonprofit corporation;
2. That of an employee or agent of a contracting party where the compensation of such employee
or agent consists entirely of fixed wages or salary;
3. That of a landlord or tenant of a contracting party;
4. That of a holder of less than one percent of the shares of a corporation or cooperative which is a
contracting party.
B. None of the provisions of this section shall be applicable to any official interested in a contract, though
!his or hehein: interest be only remote, who influences or attempts to influence any other official or the
county of which he or shethey are is an official to enter into the contract. (Ord. 2002-023 Att. A§ 4.2; Ord.
98-057 Att. A§ 4.2).
C SHARE
A. No county official may use his or hertheir position to secure special privileges or exemptions for
himself, herselfthemselves, or others.
B. No county official may, directly or indirectly, give or receive or agree to receive any compensation, gift,
reward, or gratuity from a source except the employing county for a matter connected with or related to
the official's services as such an official unless otherwise provided for by law.
C. No county official may accept employment or engage in business or professional activity that the
official might reasonably expect would require or induce him or herthem by reason of fli.s...eftheir-hef
official position to disclose confidential information acquired by reason of his or hertheir official position.
D. No county official may disclose confidential information gained by reason of the official's position, nor
may the official otherwise use such information for his or hertheir personal gain or benefit. (Ord. 2002-023
Att. A§ 4.3; Ord. 98-057 Att. A§ 4.3
C SHARE
Any county elected official shall remove him or herselfthemselves from hearing any quasi-judicial matter
where, in the judgment of that official, his or hertheir impartiality might be reasonably questioned.
Grounds for such self-removal include, but are not limited to, a violation of the appearance of fairness
doctrine as defined in wee 2.104.030(8). (Ord. 2002-023 Att. A§ 6; Ord. 98-057 Att. A§ 6; Ord. 97-045
§ 6).
C SHARE
A. No county elected official may, within a period of one year from the date of termination of county
employment, accept employment or receive compensation from an employer if:
1. The county elected official, during the two years immediately preceding termination of county
employment, was engaged in the negotiation or administration on behalf of the county of one or
more contracts with that employer and was in a position to make discretionary decisions affecting
the outcome of such negotiation or the nature of such administration; and
2. Such a contract or contracts have a total value of more than $10,000; and
3. The duties of the employment with the employer or the activities for which the compensation
would be received include fulfilling or implementing, in whole or in part, the provisions of such a
contract or contracts or include the supervision or control of actions taken to fulfill or implement, in
whole or in part, the provisions of such a contract or contracts.
B. No person who has served as an elected county official may, within a period of one year following the
termination of county employment, have a beneficial interest in a contract or grant that was expressly
authorized or funded by specific legislative or executive action in which the former official participated.
C. No person who has served as an elected county official may, within a period of one year following the
termination of county employment, represent any person before any county board, body, agency,
department, committee, examiner, adjustor, or commission regarding a specific project the former official
worked on, and was in a position to make discretionary decisions or recommendations, during fli.slA.el:
their term of service or employment unless:
C SHARE
A. The term of each member shall be four years without compensation, except that two of the new
members appointed shall serve an initial term of two years, as determined by the drawing of lots.
B. No person shall be eligible for appointment to more than two four-year terms, except as provided in
subsection C of this section.
C. An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall
be appointed for the unexpired term of the member hetsi=lethey succeeds, but shall be eligible for
appointment to two full four-year terms thereafter only if one year or less remains in the term hetsi=lethey
are-i-s appointed to fill. Any vacancy occurring on the commission shall be filled within 60 days in the
manner in which that position was originally filled. A vacancy shall not impair the powers of the remaining
members to exercise all the powers of the commission.
D. Any member who declares candidacy (as defined in RCW 42.17 A.005(7)) for elected county office
must immediately resign his or hertheir membership of the commission. (Ord. 2017-007 Exh. A; Ord.
2002-023 Att. A§ 9; Ord. 98-057 Att. A§ 9; Ord. 97-045 § 9).
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A. At its first meeting each calendar year, the commission shall organize by electing a chairperson and
vice chairperson to serve for a period of one year. The vice chairperson shall have the power to perform
all duties of the chairperson in his or hertheir absence.
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A. Any natural person who believes a person subject to the code of ethics has committed a violation of
the code may file a complaint with the ethics commission. Complaints shall be subject to the following
requirements:
1. The complaint must be based upon facts within the personal knowledge of the complainant;
2. The complaint must be submitted in writing and signed under oath by the complainant;
3. The complaint must include a detailed factual description of the alleged violation including the
date, time and place of each occurrence and the name of the person or persons who are alleged to
have committed a violation. The complaint must also refer to the specific provisions of the code of
ethics which are alleged to have been violated;
4. The complaint must be accompanied by all available documentation or other evidence known to
the complainant to support the allegations of the complaint;
5. The complaint must be filed within two years of the date of the occurrence or occurrences
alleged to constitute a violation of the code of ethics.
B. Complaints shall be filed with the clerk of the ethics commission who shall forward the complaint and
any accompanying documentation and evidence to the chairperson of the ethics commission within two
business days. The chairperson, in consultation with all other commission members, shall review the
complaint for compliance with the requirements of subsection (A) of this section. Should the chairperson
find that:
1. The complaint is untimely; or
2. The complaint has not been signed under oath; or
3. The complaint does not, on its face, state facts which, if proven to be true, constitute a violation
of the code of ethics referred to in the complaint; or
4. The complaint fails to refer to a specific provision of the code of ethics which is alleged to have
been violated; the chairperson shall, within 10 working days of the filing of the complaint, enter a
written order stating the chairperson's findings and, except as hereinafter provided, dismissing the
complaint. If the chairperson finds that the complaint is deficient pursuant to the findings in
subsection (B)(2) or (4) of this section, the chairperson shall issue an order notifying the
complainant that unless a corrected complaint is filed within five days of the issuance of such order,
the complaint shall be dismissed. The complainant may appeal the dismissal of a complaint under
this subsection by filing an action in the Whatcom County superior court for a writ of certiorari
pursuant to Chapter 7.16 RCW within 10 days of the date of issuance of the order dismissing the
complaint.
C. For complaints which are not dismissed under subsection (B) of this section, the chairperson shall
direct the clerk to serve a complete copy of the complaint and any accompanying documentation and
evidence to the person (hereinafter referred to as the respondent) alleged to have committed a violation
of the code of ethics. The clerk shall serve a copy of the complaint and accompanying information upon
the respondent by certified mail or by personal service not later than seven working days following the
filing of the complaint.
D. The respondent shall, within 20 days of the date of mailing or personal service of the complaint by the
clerk of the commission, file with the clerk any response to the complaint the respondent wishes to make.
A response to a complaint shall be made in writing signed under oath by the respondent. A response may
include a detailed statement of facts pertaining to the complaint made on personal knowledge of the
respondent and may include any matter constituting a defense to the complaint. A response should be
accompanied by all available documentation or other evidence known to the respondent which the
respondent wishes the commission to consider. The respondent may stipulate to some or all of the facts
alleged in the complaint and shall either admit or deny the alleged violation. If the violation is admitted,
the respondent may also submit an explanatory statement and may request a particular disposition.
E. Upon receipt of a response to a complaint, the chairperson shall review the complaint and response,
together with all supporting documentation and evidence submitted by the complainant and the
respondent. Within 10 days of receipt of the response ( or, if no timely response is submitted, within 30
days of the date of mailing the complaint to the respondent by the clerk of the commission), the
chairperson shall issue a preliminary decision in writing. A preliminary decision shall include one of the
following determinations:
1. Determine that a hearing is necessary in order to obtain a clear determination of the facts
relevant to the complaint; or
2. Determine that, based upon the complaint and response, the facts relevant to the complaint are
clearly established and no hearing is necessary.
F. When a preliminary decision is issued pursuant to subsection (E)(2) of this section, it shall contain
findings and conclusions and a disposition of the complaint. If the chairperson concludes a violation of the
code of ethics was committed, the preliminary decision shall include a penalty as provided for in
WCC 2.104.170. Copies of the preliminary decisions shall be served forthwith on all members of the
commission by the clerk. Until it becomes a final decision, a preliminary decision issued pursuant to
subsection (E)(2) of this section shall be confidential and shall not be released to either the complainant,
the respondent, or any other person with the exception of commission members and commission staff.
Commission members may either concur in the preliminary decision or request a hearing. A hearing on
the complaint before the full commission shall be scheduled by the clerk if a request for hearing is filed
with the clerk by one or more commission members within 10 days of the issuance of the preliminary
decision; provided, that commission members shall have 15 days from the date of issuance of the
preliminary decision to request a hearing if the chairperson so provides in the preliminary decision. If a
commission member does not file a timely request for hearing, it shall be conclusively presumed that the
commission member concurs in the preliminary decision.
G. If no timely request for hearing is made by any commission member, a preliminary decision issued
pursuant to subsection (E)(2) of this section shall become a final decision of the commission and shall be
signed and dated by the commission chairperson within two working days following the expiration of the
review period provided in subsection (F) of this section. The clerk shall immediately notify the complainant
and the respondent of the final decision and shall deliver a copy of the final decision to each of them and
to any other person who has submitted a written request therefor. Either the complainant or the
respondent may, within 30 days of the date of the final decision, appeal it to the Whatcom County
superior court by writ of certiorari pursuant to Chapter 7.16 RCW.
H. When a decision to hold a hearing is issued pursuant to subsection (E)(1) of this section or when a
request for hearing is filed by a commission member pursuant to subsection (F) of this section, the clerk
shall schedule a hearing not more than 30 days from the date of the preliminary decision and shall mail
written notice of the hearing to the complainant, the respondent, each member of the commission and to
any other person who has submitted a written request therefor. In addition, notice shall be provided by
publication in the official county newspaper not less than five days prior to the date of the hearing.
I. All hearings on complaints before the ethics commission shall be de nova and a preliminary decision
issued pursuant to subsection (E)(2) of this section, if any, shall have no force or effect and shall remain
confidential. The parties may appear in person or through attorneys. Hearings shall be conducted in
accordance with the following provisions:
1. The complainant shall have the burden to prove by a preponderance of evidence that the
violation or violations alleged in the complaint occurred.
2. Not less than two days prior to the hearing date, the complainant and respondent shall each file
with the clerk and serve upon the other party, a list of witnesses they wish to call at the hearing.
Only those witnesses whose names appear on the witness lists may testify at the hearing. In
exceptional circumstances and for good cause shown, the commission chairperson may, in his or
her discretion, permit additional witnesses to testify.
3. At the commencement of the hearing, the commission chairperson shall ask the parties to
provide an estimate of the time required to present their evidence and arguments. The chairperson
shall then issue an order establishing a reasonable limit on the time for each party to present fli.s...ef
heftheir case which shall be equal for each party. The complainant may divide his or hertheir
allotted time between an opening presentation and rebuttal of the respondent's case. Each party
may present opening and closing arguments.
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No elected county official shall disclose any confidential information secured during the course of hi-s-ef
l=lef-their public employment or term of office, a disclosure which is not otherwise required by law, or use
any such information to advance his or hertheir or any other financial interest to the detriment of Whatcom
County. (Ord. 2002-023 Att. A§ 13; Ord. 98-057 Att. A§ 13; Ord. 97-045 § 13).
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No elected county official shall sell, divert, convert, give away, or use any county equipment, vehicles, or
other county property, real or personal, other than in the performance of theirfli.sll:lef official duties in
behalf of the county. (Ord. 2002-023 Att. A§ 14; Ord. 98-057 Att. A§ 14; Ord. 97-045 § 14).
Chapter 2.118
WILDLIFE ADVISORY COMMITTEE
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To qualify for county council appointment to fill any vacancy on a board, committee, or commission, a
person shall be a qualified registered voter in Whatcom County and be a member or employee of the
agency or group he or shethey are -is-appointed to represent. (Ord. 2022-093 Exh. A; Ord. 2017-068 Exh.
A).
Exhibit C: Title 3 -Revenue and Finance
Chapter 3.02
FINANCIAL MANAGEMENT SYSTEM
0 SHARE
All claims against the county by persons furnishing materials, rendering services or performing labor, or
for any other contractual purpose shall be prepared for audit and payment in the form and manner
prescribed in the Whatcom County Administrative Policies and Procedures Handbook. Each department
or division head shall be appointed auditing officer for all claims made within his or hertheir department.
The auditing officer or delegate shall preaudit and certify all claims. This certification shall be made on
each individual claim voucher and shall be signed and dated by the auditing officer or delegate. (Ord. 93-
042 Exh. E).
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Chapter 3.04
PERSONNEL SYSTEM!
A. Whatcom County recognizes the right of every employee to express his or hertheir views as a citizen,
to pursue legitimate involvement in the political system, and to vote as he or shethey pleases, provided
that no county employee shall expend public funds, or supplies, or work towards the campaign of any
candidate or issue while on county time unless the activity is permitted by law.
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A. No person shall make any false statement, certificate, mark, rating or report with regard to any
application, test, certification or appointment made under any provision of this chapter or in any manner
commit or attempt to commit any fraud preventing the impartial execution of this chapter and related
policies.
B. No person shall directly or indirectly give, render, pay, offer, solicit, or accept any money, service, or
other valuable consideration for any appointment, proposed appointment, promotion or proposed
promotion to, or any advantage in, a position with the county.
C. No employee of Whatcom County or other person shall defeat, deceive or obstruct any person in fli&Bf
hetheir right to examination, eligibility, certification, or appointment under this chapter, or furnish to any
person any special or secret information for the purpose of affecting the rights or prospects of any person
with respect to employment by the county.
Chapter 3.05
TORT AND DAMAGE CLAIMS
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A. Filing. All claims for damages against the county must be filed with the clerk of the county council. A
summary of each claim identifying the claimant, the date of the claim, the amount claimed, the amount
paid, and the date of payment shall be prepared annually by the clerk of the county council, or fli.s..ef
Aeftheir designee, and made available for inspection by the members of the county council.
B. Requisites of Claim. All such claims for damages must locate and describe the defect which caused
the injury, describe the injury and contain the amount of damages claimed, together with a statement of
the actual residence of the claimant at the time of presenting and calling the claim and for a period of six
months immediately prior to the time the claim accrued and be sworn to by the claimant; provided, that if
the claimant is incapacitated from verifying and filing J:ii-s-their claim for damages within the time
prescribed, or if the claimant is a minor, or in case the claim is for damages to real or personal property,
and the owner of the property is a nonresident of the county or is absent therefrom during the time within
which a claim for damages is required to be filed, the claim may be verified and presented on behalf of
the claimant by a relative or attorney or agent representing the injured person, or, in case of damages to
property, representing the owner thereof.
1 Clilil'JO Hid
Chapter 3.08
PURCHASING SYSTEM
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A. In developing specifications for bids or proposals, all reasonable efforts shall be made to ensure a
competitive process and that a variety of vendors shall be capable of fulfilling the stated requirements of
the county. Performance considerations shall be included in the specifications. However, nothing in this
section shall be construed to limit the county from pursuing sole source procurement where adequate
justification has been presented that such procurement is in the best interests of county operations.
B. When the acquisition of materials, supplies, purchased services, tools, equipment, rental of personal
property or professional services involves amounts greater than $40,000 for a nonpublic work or public
work award, the administrative services department shall be responsible for the review and approval of
specifications and the preparation of invitations to bid pursuant to provisions set forth in this chapter.
C. All bid specifications shall be in writing and placed on file for public inspection.
D. All invitations for bids, requests for proposals, requests for qualifications and bid packets will be posted
on the county's website. Project announcements and bid solicitations or proposals shall be published in
the official county newspaper, and when in the county's best interest, other regional publications.
Additionally, the county will offer complimentary bid packets to multiple northwest and national plan
centers. Advertisements shall be published at least once at least 13 days prior to the last date upon which
bids will be received. Such advertisement shall state:
1. The date after which bids will not be received;
2. The character of the work to be done, or the materials, equipment or service to be purchased;
and
3. Instruction on how to obtain additional information, including the complete bid packet.
E. No bid shall be considered for public works unless it is accompanied by a bid deposit in the form of a
surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five
percent of the amount of the bid proposed.
F. Should the bidder to whom the contract is awarded fail to enter into the contract or fail to furnish the
contractor's bond within 10 days (exclusive of the date of notice) after notice of the award, the amount of
the bid deposit shall be forfeited to the county. Thereafter, the award shall be made to the next lowest
responsive bidder. The bid deposit of an unsuccessful bidder (if fli.s-their bid deposit has not been
forfeited) shall be returned after the required contractor's bond of the successful bidder has been
accepted
for
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As an alternative to the requirements of WCC 3.08.060 and 3.08.090, this section may be utilized to
acquire consultant services. Consultant services include professional services. "Professional services" are
those services that have a primarily intellectual output or product and include, but are not limited to,
services provided by architects, engineers, surveyors, doctors, trainers, tax professionals, accountants,
and management, labor and financial advisors.
To use the consultant roster contract award process provided for by this section the following procedures
shall be followed:
A. Publication. At least once a year the county or its designee shall publish in a newspaper of general
circulation within the municipality's jurisdiction a notice of the existence of the consulting services roster
and solicit the names of consultants for the consulting services roster. The county or its designee shall
add responsible consultants to the consulting services roster at any time that a consultant completes the
online application provided by the county or its designee, uploads a statement of qualifications, and
meets minimum state requirements for roster listing.
B. Review and Selection of the Statement of Qualifications Proposals for Professional Services. The
county shall use the following process to select the most highly qualified consultant off of the consulting
services roster to provide the required services:
1. The department head shall have established criteria that must be considered in evaluating
consultants for a given project. Consultant rate may be considered for services other than
architectural, engineering, landscape architectural, and surveying. Criteria for architectural,
engineering, landscape architecture, or surveying services shall include a plan to ensure that
minority-and women-owned firms and veteran-owned firms are afforded the maximum practicable
opportunity to compete for and obtain public contracts. The level of participation by minority-and
women-owned firms and veteran-owned firms shall be consistent with their general availability
within the jurisdiction of the county.
2. The department head shall evaluate the written statements of qualifications and performance
data on file with the county at the time that consultant services are required.
3. Such evaluations shall be based on the criteria established by the department head.
4. The department head shall conduct discussions with one or more consultants regarding
anticipated concepts and the relative utility of alternative methods of approach for furnishing the
required services.
5. The consultant deemed most highly qualified by the agency to do the project will be selected.
The department head shall negotiate with the selected firm for a contract at a price that AefSAethey
determines is fair and reasonable, considering the estimated value of the services to be rendered
as well as the scope and complexity of the project. If a satisfactory contract cannot be negotiated,
the department head terminates the negotiations with that firm and attempts to negotiate a contract
with the next most qualified firm. The process continues until an agreement is reached or the
search is terminated.
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Whatcom County endeavors to secure for all individuals within the county the freedom from discrimination
because of race, color, religion, national origin, gender, sexual orientation (including gender identity), age,
marital status, or disability in connection with employment, and thereby to promote the interests, rights
and privileges of individuals within the county.
A. All contracts proposed by county staff shall incorporate equal employment opportunity clauses which
shall read as follows, or as subsequently amended to be consistent with existing law:
1. Nondiscrimination in Employment. The county's policy is to provide equal opportunity in all terms,
conditions and privileges of employment for all qualified applicants and employees without regard
to race, color, creed, religion, national origin, sex, sexual orientation (including gender identity),
age, marital status, disability, or veteran status. The contractor sh,all comply with all laws prohibiting
discrimination against any employee or applicant for employment on the grounds of race, color,
creed, religion, national origin, sex, sexual orientation (including gender identity), age, marital
status, disability, political affiliation, or veteran status, except where such constitutes a bona fide
occupational qualification.
Furthermore, in those cases in which the contractor is governed by such laws, the contractor shall
take affirmative action to ensure that applicants are employed, and treated during employment,
without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual
orientation (including gender identity), disability, or veteran status, except where such constitutes a
bona fide occupational qualification. Such action shall include, but not be limited to: advertising,
hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits,
selection for training including apprenticeship, and participation in recreational and educational
activities. In all solicitations or advertisements for employees placed by them or on their behalf, the
contractor shall state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any subcontractor; provided, that the foregoing
provisions shall not apply to contracts or subcontractors for standard commercial supplies or raw
materials, or to sole proprietorships with no employees.
2. Nondiscrimination in Client Services. The contractor shall not discriminate on the grounds of
race, color, creed, religion, national origin, sex, age, marital status, sexual orientation (including
gender identity), disability, or veteran status; or deny an individual or business any service or
benefits under this agreement unless otherwise allowed by applicable law; or subject an individual
or business to segregation or separate treatment in any manner related to his/her/itstheir receipt of
any service or services or other benefits provided under this agreement unless otherwise allowed
by applicable law; or deny an individual or business an opportunity to participate in any program
provided by this agreement unless otherwise allowed by applicable law.
Chapter 3.16
BONDS
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Before the bonds are delivered to the purchaser, they shall be presented to the county treasurer, who
shall register them in a book kept for that purpose and known as the bond register, in which register J:le
they shall enter the number of each bond, its date of issue and maturity, amount, rate of interest, to whom
and when payable. (Ord. 79-30 § 1(3)).
Chapter 3.22
TELEPHONE ACCESS LINES EXCISE TAX
))C)(l(] i\!'Ul:d,; 1,•q11111•d CJ SHARE
Each telephone company collecting the tax imposed by this chapter shall maintain books and/or records
respecting that activity which truly, completely and accurately discloses all information necessary to
determine the taxpayer's tax liability hereunder during each base tax period. Such records shall be kept
and maintained for a period of not less than three years.
All books, records or other items which may hereafter be required to be kept and maintained under this
section shall be subject to, and immediately made available for, inspection and audit at any time, with or
without notice, at the place where such records are kept upon demand by the county treasurer or A+S-their
designee, for the purpose of enforcing the provisions of this chapter.
Where a telephone company does not keep such books, records, or other items so that the county
treasurer or A+S-their authorized designee may examine them conveniently, the telephone company shall
either:
A. Produce all of the required books, records or items for such inspection within 10 days following a
written request by the treasurer; or
B. Bear the actual cost of inspection by the county treasurer or A+S-their designee, at the location at which
such books, records, or items are located. Actual cost shall consist of the cost of travel, meals and
lodging incurred as a result of said inspection; provided, that a telephone company choosing to bear
these costs shall pay in advance to said officer the estimated cost thereof including, but not limited to,
round-trip fare by the most rapid means, lodging, meals, and incidental expenses. The actual amount
due, or to be refunded, for expenses shall be determined within 60 days following such examination.
(Ord. 82-92 § 6).
Chapter 3.23
EXCISE TAX ON RADIO ACCESS LINES
A. All books, records or other items which may hereafter be required to be kept and maintained under this
section shall be subject to, and immediately made available for, inspection and audit at any time, with or
without notice, at the place where such records are kept upon demand by the county treasurer or Ri&their
designee, for the purpose of enforcing the provisions of this chapter.
B. Where a telephone company does not keep such books, records, or other items so that the county
treasurer or Ri&their authorized designee may examine them conveniently, the telephone company shall
either:
Chapter 3.25A
WHATCOM COUNTY CONSERVATION EASEMENT PROGRAM
A. Designation. The administrator shall be designated by and report to the director of planning and
development services.
B. Powers and Duties. The administrator or his or hertheir designee shall administer the CEP and shall
have powers and duties to:
Chapter 3.40
TAX ON BINGO, RAFFLES, PUNCHBOARDS, PULL TABS AND
PUBLIC CARDROOMS
D SHARE
A. Each person, association or organization engaging in an activity taxable under this chapter shall
maintain records respecting that activity which truly, completely and accurately disclose all information
necessary to determine the taxpayers's tax liability under this chapter during each base tax period. Such
records shall be kept and maintained for a period of not less than three years. In addition, all information
and items required by the Washington State Gambling Commission under Chapter 230-08 WAC, and by
the United States Internal Revenue Service respecting taxation, shall be kept and maintained for the
periods required by those agencies.
B. All books, records and other items required to be kept and maintained under this section shall be
subject to, and immediately made available for, inspection and audit at any time, with or without notice, at
the place where such records are kept, upon demand by the county treasurer or his designees, for the
purpose of enforcing the provisions of this taxing chapter.
C. Where a taxpayer does not keep all of the books, records, or items required to be kept or maintained
under this section in this jurisdiction so that the county treasurer or authorized officer may examine them
conveniently, the taxpayer shall either:
1. Produce all of the required books, records or items within this jurisdiction for such inspection
within 10 days following a request of the local official that he do so; or
2. Bear the actual cost of inspection by the county treasurer or his designeetheir desiqnee, at the
location at which such books, records or items are located; provided, that a taxpayer choosing to
bear these costs shall pay in advance to said officer the estimated cost thereof, including but not
limited to round-trip fare by the most rapid means, lodging, meals and incidental expenses. The
actual amount due, or to be refunded, for expenses shall be determined following said examination
of the records. (Ord. 2008-031 Exh. A; Ord. 2006-002 Exh. A; Ord. 81-14 § 9).
l () I JX 1,,vi, ,(i {;j SHARE
Chapter 3.49
LODGING TAX
A. There shall be an excise tax on the sale or charge made for the furnishing of lodging that is subject to
tax under Chapter 82.08 RCW. The rate shall be the lesser of two percent or a rate, when combined with
all other taxes imposed upon such sales of lodging, that equals 12 percent. Said tax shall not be imposed
in increments of less than tenths of a percent; and
B. There shall be a credit against this tax for the full amount of any city or town tax imposed under a like
section; and
C. The taxes levied shall not apply to emergency lodging provided for homeless personspeople
experiencing houselessness for a period of less than 30 consecutive days under a shelter voucher
program administered by any city, town, or Whatcom County or the respective agencies and groups
which provide said service. (Ord. 2006-058).
Chapter 3.68
COUNTY SERVICES-
ADVANCE DEPOSITS
The clerk shall post notice of her-their authority in this matter, along with the council office fee schedule,
as required by state law. (Ord. 93-072).
Exhibit D: Title 5 -Business Licenses and Regulations
Chapter 5.08
CARNIVALS
A. Upon receipt of such application, the original shall be referred to the sheriff who shall cause such
investigation of the applicant's business and moral character to be made as Re-they deems necessary for
the protection of the public good.
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If, as a result of such investigation, the applicant's character or business responsibility is found to be
unsatisfactory, the sheriff shall endorse on such application ms-their disapproval and ms-their reasons for
the same, and return the application to the county auditor who shall notify the applicant that ms-their
application is disapproved and that no permit shall be issued. (Prior code§ 4.20.040).
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A. If, as a result of such investigation, the character and business responsibility of the applicant are found
to be satisfactory, the sheriff shall endorse on the application ms-their approval, execute a permit
addressed to the applicant for the carrying on of the business applied for, and return the permit, along
with the application, to the county auditor who shall, upon payment of the prescribed fee, deliver to the
applicant ms-their permit.
icci [} SHARE
Permits issued under the provisions of this chapter may be revoked by the action of the county executive
of Whatcom County after notice and hearing, for any of the following causes:
A. Fraud, misrepresentation, or false statement contained in the application for permit;
B. Fraud, misrepresentation or false statement, made in the course of carrying on the business of
operation of the carnival;
C. Any violation of this chapter, or any violation of state law by either the applicant or ms-their agents, or
persons engaged in operating concessions or devices authorized or permitted by the applicant;
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Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the
grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to
the licensee at Rf&-their last known address at least five days prior to the date set for hearing. (Prior code
§ 4.20.110).
',, i)
Chapter 5.12
CHRISTMAS TREES
IC SHARE
A. It is unlawful for any person, firm or corporation, or the agent thereof, to transport over the highways of
this county any Christmas trees which he or histheir agent or principal has taken from private lands
without the consent, express or implied, of the landowner or Rf&-their authorized lessee or agent.
((?( SHARE
It is unlawful for any cutter or picker of Christmas trees, or Rf&-their agent, to transport over the highways
of this county more than five Christmas trees without having in Rf&-their possession a dated bill of sale,
complying with RCW 76.48.080, or bill of lading showing the number of trees, by species, sold or
transferred by any such document and showing Rf&-their title thereto. (Prior code § 4.24.040).
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Whenever any person, firm or corporation, or agent, violates the provisions of
Sections 5.12.020, 5.12.030A, and 5.12.040, a peace officer may either arrest the person without a
warrant and take Aim-them before any court having jurisdiction of the offense, or ~they may issue a
summons or citation for the accused person to appear at the court named and answer a complaint to be
filed therewith provided, that at the time of making the arrest, the peace officer shall seize the trees and
may also seize and impound the vehicle used in transporting same, subject to the order of the court
before which the arrested person is ordered to appear; provided, that if the owner of the trees appears
before the court and presents satisfactory evidence of ownership, the court shall order the officer to
deliver the trees to the owner:
However, if the owner does not appear and prove Rf&-their ownership thereof within five days, the court
shall direct the officer to sell the trees and pay the proceeds thereof to the treasurer of the county, who
shall deposit same in the general fund. (Prior code§ 4.24.080).
Chapter 5.16
DANCESANDDANCEHALLS
Any person desiring a license under the provisions of this chapter shall make written application thereof at
least five days before the holding of any dance or the conducting or maintaining of any dancehall to the
Whatcom County sheriff, signed by the applicant, stating therein and submitting such proof as may be
required by the sheriff, that he or shethey haves never been convicted of a crime involving moral
turpitude, that he or she isthey are a citizen of the United States of America, and has been a resident of
Whatcom County for a period of not less than three years immediately last past, and any Grange,
patriotic, fraternal or community dance application shall include the further statement whether or not beer
or liquor are sold or offered for sale on said premises. (Ord. 93-048 (part); prior code § 4.04.060).
l[;l SHARE
No person under the age of 18 years shall be permitted to attend any public dance without the escort of
his or hertheir parent or guardian. Any person under the age of 18 years who shall by affirmative
misrepresentation of age obtain admission to or permission to remain in any public dance, shall be guilty
of a misdemeanor. (Prior code § 4.04.110).
)(}_()L)()
Chapter 5.20
FIREWORKS
A. Each application for permit shall be investigated and reviewed by the fire marshal.
B. The Whatcom County fire marshal expressly reserves the power, in flisl.A-eftheir discretion, to deny
such application, or to grant it subject to reasonable restrictions or conditions as fl€!.sl:l.ethey shall
prescribe for public safety or welfare. (Ord. 93-027; prior code § 4.40.070).
!IJ SHARE
Any fireworks which are illegally sold, offered for sale, used, discharged, or possessed in violation of this
chapter shall be subject to seizure by the State Fire Marshal, -FH-S-their deputy, the sheriff, or -FH-S-their
deputy. Any fireworks seized under the provisions of this section will be delivered to the State Fire
Marshal or -FH-S-their deputy for disposition as provided under chapter 70. 77 RCW. (Ord. 93-027; prior
code§ 4.40.100).
f,1ciii! 0 SHARE
Chapter 5.28
GO-KART TRACKS
Track owners shall provide a telephone facility available for the use of himself themselves and all track
employees. Telephone numbers of emergency medical services or facilities should be conspicuously
posted thereon. Such telephone shall be available for emergency use at all times during which the track is
in operation. (Prior code § 4.28.070).
0 SHARE
Go-kart tracks and all related facilities and equipment shall be maintained in good repair. The Whatcom
County sheriff or rus-their delegate shall have the right to periodically inspect all go-kart tracks and
facilities in order to determine that all persons governed by this chapter remain in compliance with the
provisions of this chapter. (Prior code § 4.28.090).
Chapter 5.52
SOLICITORS AND CANVASSERS
A "canvasser" or "solicitor" is defined as any individual, whether resident of the county of Whatcom, or
not, who by telephone or traveling either by foot, wagon, automobile, motor truck, or any other type of
conveyance, from place to place, from house to house, or from street to street, taking or attempting to
take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for
future delivery, or for service to be furnished or performed in the future, whether or not such individual
has, carries or exposes for sale a sample of the subject of such sale or whether fl€-they arei£ collecting
advance payments on such sales or not; provided, that such definition includes any person, who, for
fli-m--sel.fthemselves, or for another person, firm or corporation, hires, leases, uses or occupies any
building, structure, tent, railroad box car, boat, hotel room, lodging_house, apartment, shop, or any other
place within the county for the sole purpose of exhibiting samples and taking orders for future delivery.
(Prior code § 4.16.020).
rJ SHARE
A. Upon receipt of such application the Whatcom County sheriff shall cause such investigation of the
applicant's business and moral character to be made as flB-they deems necessary for the protection of
the public good.
B. If, as a result of such investigation, the applicant's character or business responsibility is found to be
unsatisfactory, the county sheriff shall endorse on such application Ai-s-their disapproval and Ai-s-their
reasons for the same, and shall notify the applicant that Ai-s-their application is disapproved and that no
permit and license will be issued.
C. If, as a result of such investigation, the character and business responsibility of the applicant are found
to be satisfactory, the county sheriff shall endorse on the application Ai-s-thier approval, execute a permit
addressed to the applicant for the carrying on of Ai-s-their business applied for, and upon payment of the
prescribed license fee, deliver to the applicant Ai-s-their permit and issue a license. Such license will
contain the signature of the county sheriff and shall show the name, address and photograph of the
licensee, the class of license issued, the kind of goods to be sold thereunder, the amount of fee paid, the
date of issuance and the length of time the same shall be operative, as well as the license number and
other identifying description of any vehicle used in such soliciting or canvassing. The county sheriff shall
keep a permanent record of all licenses issued. (Ord. 90-62 (part); prior code§ 4.16.040).
CJ SHARE
A. The license fee which shall be charged for such license, shall be as set forth in the Whatcom County
Unified Fee Schedule and shall be assessed on a calendar year basis. The fee, however, for January to
July 1st, or any part of said period, or from July 1st to December 31st, or any part of said period, shall be
60 percent of the annual license fee; provided, that one temporary 30-day license may be issued on
payment of a fee as set forth in the Whatcom County Unified Fee Schedule. The temporary 30-day
license fee may, however, apply on a current, annual or semi-annual license that may be issued
thereafter at the same rate provided in this subsection; provided the temporary 30 days occur during the
same annual or semiannual period for which the total fee is paid.
B. None of the license fees provided for by this chapter shall be so applied as to occasion an undue
burden upon interstate commerce. In any case where a license fee is believed by a licensee, or applicant
for license, to place an undue burden upon such commerce, J:le.-they may apply to the county sheriff for
an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such
commerce. Such application may be made before, at, or within six months after payment of the
prescribed license fee. The applicant shall, by affidavit and supporting testimony, show h+s-their method
of business and the gross volume or estimated gross volume of business and such other information as
the county sheriff may deem necessary in order to determine the extent, if any, of such undue burden on
such commerce. The county sheriff shall then conduct an investigation comparing applicant's business
with other businesses of like nature and shall make findings of fact from which it shall determine whether
the fee fixed by this chapter is unfair, unreasonable or discriminatory as to the applicant's business, and
shall fix as the license fee for the applicant an amount that is fair, reasonable and nondiscriminatory, or, if
the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In
fixing the fee to be charged, the county sheriff shall have the power to base the fee upon a percentage of
gross sales or any other method which will assure that the fee assessed shall be uniform with that
assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as
prescribed in subsection A of this section. Should the county sheriff determine the gross sale measure of
the fee to be the fair basis, J:le.-they may require the applicant to submit, either at the time of termination of
applicant's business in the county of Whatcom, or at the end of each three-month period, a sworn
statement of the gross sales and pay the amount of fee therefor; provided, that no additional fee during
any one calendar year shall be required after the licensee shall have paid an amount equal to the annual
license as prescribed in subsection A of this section. (Ord. 93-080 Exh. J; Ord. 90-62 (part); Ord. 88-58;
prior code§ 4.16.050).
This chapter shall not be construed as applicable to insurance mBAaqents, advertising salespersonsmeA
or salespersonsmeA calling on the retail or wholesale trade and, to encourage the dissemination of news
and information, it shall not be construed as applicable to daily newspaper salespersonSmeA, whether
subscriptions are taken, or not. (Ord. 90-62 (part); prior code§ 4.16.120).
0 SHARE
A. Permits and licenses issued under the provisions of this chapter may be revoked by action of the
county sheriff after notice and hearing for any of the following causes:
1. Fraud, misrepresentation, or false statement contained in the application for license;
2. Fraud, misrepresentation, or false statement made in the course of carrying on J:lis.-their business
as solicitor or as canvasser;
3. Any violation of this chapter;
4. Conviction of any crime or misdemeanor involving moral turpitude;
5. Conducting the business of soliciting, or of canvassing, in an unlawful manner or in such a
manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or
general welfare of the public.
B. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the
grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to
the licensee at J:lis.-their last known address at least five days prior to the date set for the hearing. (Ord.
90-62 (part); prior code§ 4.16.100).
Q SHARE
It shall be the duty of the sheriff or any deputy sheriff of the county of Whatcom to require any person
seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce ms
their solicitor's license or canvasser's license and to enforce the provisions of this chapter against any
person found to be violating the same. (Ord. 90-62 (part); prior code§ 4.16.080).
Chapter 5.60
REGULATION OF PRIVATELY OWNED BURGLARY, ROBBERY
AND FIRE ALARM SYSTEMS
C,lr, c•i:\1vc dC!:icm IC SHARE
It is the policy of the county to prevent inadvertent false alarms. To this end the sheriff shall administer
this chapter as follows:
A. For the first false alarm in any six-month period generated at a premises served by an alarm system,
no fee shall be charged. The person owning or occupying the premises served by the alarm system shall,
within three working days after notice to do so, make a written report to the sheriff on forms provided by
the sheriff, setting forth: the cause of the false alarm, the corrective action taken, whether the system has
been inspected by a trained servicepersonm-aR, and such other information as the sheriff may reasonably
require in order to determine the cause of the false alarm and any necessary corrective action.
Exhibit E: Title 6 -Animals
b.U1] .. CY10 C SHARE
Chapter 6.04
ANIMAL CONTROL
A. Dogs Off Premises to be Under Control. It shall be unlawful for the owner or keeper of any dog to
cause, permit or allow A-i-sA=leFtheir dog to run, stray or otherwise to be away from the premises of the
owner or keeper within a dog control zone and to be on public property or the private property of another
without their permission, unless such dog be under control by means of a leash.
,, [J SHARE
The following are misdemeanors:
A. Possessing an Exotic and/or Wild Animal without a Permit. It shall be a misdemeanor for a person to
own or maintain any wild and/or exotic animal without a valid permit from the animal control authority.
B. Refusal to Quarantine. It shall be a misdemeanor for an owner or keeper to refuse to quarantine or
permit the quarantine of any animal when and as required by state law and this chapter.
C. Interfering with Impounding and Other Animal Control, Duties and Enforcement. It is a misdemeanor
for any person to prevent, obstruct or hinder the impoundment of an animal or other enforcement duties
of officers pursuant to this chapter.
D. Damage. It is a misdemeanor for the owner or keeper of any domesticated animal to allow it to enter
upon private or public property, so as to damage or destroy any real or personal property, including
livestock and other animals of value.
E. Cruelty to Animals. The following acts and omissions constitute cruel treatment to animals; therefore, it
shall be a misdemeanor for any person, firm or corporation to:
. 1. Willfully or cruelly kill, injure, poison, torture or torment any animal by any means causing it fright
or pain; or
2. Lay out or expose any kind of poison or leave exposed any poisoned food or drink for
ma-Ahumans, animal or fowl, or any substance of fluid whatever, whereon or wherein there is or
shall be deposited or mingled any kind of poisonous or deadly substance or fluid whatever, on any
premises, or abet any person in so doing, unless in accordance with the RCW 16.52.190; or
3. Neglect or fail to provide minimum care to any animal within ms-their care, custody or control. For
the purpose of this section, "minimum care" means that in each period of 24 hours, food and water
of sufficient quantity and quality will be provided that allows for the maintenance of body weight and
for an immature animal, normal growth and to otherwise preserve the health and well-being of the
animal; or
Exhibit F: Title 8 -Health and Safety
g l) (J;lJ
Chapter 8.12
SOLID WASTE DISPOSAL
D SHARE
It is unlawful for any person to use any site owned or occupied by Whatcom County for the disposal of car
bodies, and dead animals may be disposed of with the prior approval of the solid waste manager, or fli-s
eF-ABFtheir designee, during the hours the Humane Society facility is closed, and dead farm animals may
only be disposed of with the prior approval of the solid waste manager; provided, in his or hertheir
opinion, said dead animals are not suitable for a rendering plant and there is no reasonable alternate
method of disposal available. (Ord. 90-42 (part); Ord. 89-84 (part): Ord. 89-48; prior code§ 3.08.010).
Chapter 8.20
DIVING FROM PUBLIC BRIDGES PROHIBITED
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It is unlawful for any person to dive, jump, plunge or otherwise propel himself themselves from any bridge
or any other structure on the right-of-way of a public road, street, highway, alley or way, into any body of
water in Whatcom County. (Prior code§ 7.36.010).
[UHJIOI
Chapter 8.24
TRESPASS ON REAL PROPERTY
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A. A person is guilty of trespass on real property if J:ie-they knowingly enters or remains unlawfully in or
upon the real property of another.
In any prosecution under Section 8.24.010, it is a defense that:
A. The real property was at the time open to members of the public and the actor complied with all lawful
conditions imposed on access to or remaining on the real property; or
B. The actor reasonably believed that the owner of the real property, or other person empowered to
license access thereto, would have licensed Him-them to enter or remain. (Ord. 82-76 (part)).
0 SHARE
The following definitions apply in this chapter:
A. Enter. The word "enter," when constituting an element or part of a crime, shall include the entrance of
the person, or the insertion of any part of hi-s-their body, or any instrument or weapon held in hi-s-their
hand and used or intended to be used to threaten or intimidate a person or to detach or remove property.
B. Enters or Remains Unlawfully. A person "enters or remains unlawfully" in or upon real property when
J:ie-they arei-s not then licensed, invited, or otherwise privileged to so enter or remain. A person who
enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise
enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice
against trespass is personally communicated to him by the owner of the land or some other authorized
person, or unless notice is given by posting in a conspicuous manner.
C. Knowledge. A person knows or acts knowingly or with knowledge when:
1. Me-they arei-s-aware of a fact, facts, or circumstances or result described by a statute defining an
offense; or
2. He has They have information which would lead a reasonable m--aA-person in the same situation
to believe that facts exist which facts are described by a statute defining an offense.
D. "Person," ''f1ethey" and "actor" include any natural person and, where relevant, a corporation, joint
stock association, or an unincorporated association. (Ord. 82-76 (part)).
s.)g.ugo 0 SHARE
Chapter 8.28
LITTER CONTROL!
It shall be unlawful for any person to dump or deposit or permit the dumping or depositing of any solid
waste or dangerous waste onto or under the surface of the ground or into the waters of this county except
at a solid waste or dangerous waste disposal site for which there is a valid permit. This section shall not
prohibit a person from dumping or depositing yard clippings, leaves, prunings, or compostables resulting
from Ri-s---their own activities onto or under the surface of ground owned or leased by him-them when such
action does not violate statutes or ordinances, or create a nuisance. (Ord. 98-046 Exh. A).
11 ,,11 t 0 SHARE
Any violation of this chapter shall be subject to the following penalties:
A. It is a Class 3 civil infraction as defined in RCW 7.80.120 for a person to transport an unsecured load
or for a person to litter or to allow improper disposal, in an amount less than or equal to one cubic foot.
B. It is a Class 1 civil infraction as defined in RCW 7.80.120 for a person to litter or allow improper
disposal in an amount greater than one cubic foot. Unless suspended or modified by a court, the person
shall also pay a litter cleanup fee of $25.00 per cubic foot of litter. The court may, in addition to or in lieu
of part or all of the cleanup fee, order the person to pick up and remove litter from the property, with prior
permission of the legal owner or, in the case of public property, of the agency managing the property. A
punitive percentage set by the court relating to staff and court costs may also be levied. Said percent
shall not exceed the actual cost incurred.
C. If the violation occurs in a county park, the court may, in addition to any other penalties assessed,
order the person to perform up to 24 hours of community service in the county park where the violation
occurred.
D. If the court orders a cleanup of said property and the person, who has previously been charged and
was found to have committed the infraction, does not comply with the court's order, the court may then
grant the county the authority to enter said property to comply with the court's order, and thereafter bill the
person found to have committed the infraction for the costs incurred. If the person found to have
committed the infraction is someone other than the owner of the property, the owner of the property must
first be given notice of the county's intent to clean up the property and be provided a period of no less
than seven days after notice is given to complete cleaning up the property himself. Where the full amount
due to the county for cleanup is not paid within 30 days after the disposal of the litter, and if the owner or
Ri-s---their agent, including any tenant of the property, was the person found to have committed the
infraction, the county may cause to be recorded in the Whatcom County auditor's office a sworn
statement showing the costs and expense incurred for the work, the date the work was done, and the
location of the property on which the work was done. If the person found to have committed the infraction
is someone other than the owner of the property, the owner shall be given notice by the county of the
recordation of the statement at the time of its filing in the auditor's office. The recordation of such sworn
statement shall constitute a lien and privilege on the property that shall remain in full force and effect for
the amount due in principal and interest of one percent per month, plus costs of court, if any, for
collection, until final payment has been made. (Ord. 98-046 Exh. A).
l Cl SHARE
Any litter found to have two pieces or more of litter to identify the location of origin of the litter would be
sufficient evidence to issue a notice of infraction to the addressee pursuant to the requirements of
RCW 7.80.050. The burden of proof would be upon the defendant to show by preponderance of evidence
that ms-their litter had been deposited without ms-their knowledge. (Ord. 98-046 Exh. A).
Cl SHARE
The Whatcom County health officer shall work with the county sheriff and parks director to designate
trained employees who shall be vested with police powers to enforce and administer the provisions of this
chapter and all rules and regulations adopted hereunder in areas of their jurisdiction. The health officer
shall also have authority, subject to the purchasing provisions of the county ordinances, to contract with
other state and local government agencies for services and personnel reasonably necessary to carry out
the enforcement provisions of this chapter. All the foregoing enforcement officers may serve and execute
all warrants and citations relating to this chapter in their designated jurisdictions, and other process
issued by the courts in enforcing the provisions of this chapter and rules and regulations adopted
hereunder. In addition, mailing by registered mail of such warrant, citation, or other process to ms-their
last known place of residence shall be deemed as personal service upon the person charged. (Ord. 98-
046 Exh. A).
.,; Ill Dc·f1,;il IO!h C SHARE
Chapter 8.32
ABANDONED VEHICLES
For the purposes of this chapter, the following definitions shall be applicable:
A. "Abandoned vehicle" means any vehicle left upon the private property of another without the consent of
the owner of such property for a period of 24 hours or longer, except that a vehicle shall not be
considered abandoned if its owner or operator is unable to remove it from the place where it is located
and so notifies the Whatcom County sheriff or other appropriate official and requests assistance for
removal thereof.
B. "Collector" and/or "hobbyist" means the owner of one or more vehicles of historic, special interest or
parts cars who collects, purchases, acquires, trades or disposes of these vehicles or parts thereof for l=lis
their own use in order to preserve, restore and maintain a vehicle or vehicles for hobby purposes. A
collector shall not mean a licensed hulk hauler or wrecking yard operator or dismantler, and any such hulk
hauler, wrecking yard operator or dismantler shall not be deemed a collector unless Re-they arei-s also a
member of a duly organized and operating antique or collectors car club, and has in fii.s-their possession
historic, special interest or parts cars as herein defined.
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The hearing examiner shall determine by a preponderance of the evidence, if in issue, whether the
vehicle is a nuisance as defined in this chapter (giving the benefit of the doubt to the vehicle owner). The
owner of the property on which the vehicle is located may appear in person at the hearing or present a
written statement in time for consideration at the hearing and deny responsibility for the presence of the
vehicle on the property with fii.s-their reasons for such denial. The hearing examiner shall determine by a
preponderance of the evidence, if in issue, whether the vehicle was placed on the property without the
consent of the property owner and whether Re-they Ra-Shave subsequently acquiesced in its presence
(giving the benefit of the doubt to the property owner). If the hearing examiner determines that the vehicle
is a nuisance as defined herein, Re-they may allow a reasonable time for compliance with this chapter or
abatement. If appropriate, the hearing examiner may apportion the costs of abatement between the
property owner and vehicle owner. If it is determined that the owner has not consented nor acquiesced,
then Whatcom County shall not assess costs of administration or removal of the vehicle against the
property upon which the vehicle is located or otherwise attempt to collect such costs from the owner.
(Ord. 89-20 § 4).
S.J:?.OCO i\hc1 0 SHARE
If within 30 days from service of notice of intent to abate, the property owner requests that He-they be
allowed to abate the nuisance, He-they shall be allowed a period to complete the abatement; provided
said period shall not extend the original 30-day period by more than 10 additional days and such request
constitutes waiver of all hearing rights. If the nuisance is not properly abated within the additional ten-day
period, the sheriff shall abate the nuisance and the costs shall be billed as specified herein. (Ord. 89-20 §
6).
/() 0 SHARE
Whenever possible the cost of abatement and removal of such vehicle or hulk or part thereof including
costs of administration and hearing shall be collected from the last registered owner thereof if the identity
of such owner can be determined, and unless such owner has transferred ownership and has complied
with RCW 46.12, 101 and 46.12.010 He-they shall be primarily liable, and except as provided herein the
costs may be collected from the owner or owners of the property on which such vehicle or hulk or part
thereof is located, such owner being secondarily liable. (Ord. 89-20 § 7).
Exhibit G: Title 10 -Vehicles and Traffic
Chapter 10.32
MOVEMENT OF OVERSIZE VEHICLES
The county engineer, or His-their authorized agent, prior to the issuance of a permit for oversize mobile
homes or other structures shall:
Chapter 10.36
FERRY MULTI-RIDE CARDS AND QUARTERLY PASSES
The county public works director or Ri-stAeFtheir designee is authorized to issue a replacement pass or
card upon satisfactory proof of bona fide loss, theft, or destruction. (Ord. 2002-028).
10.1h.(}'lCJ icLwil ((•Cjliil O SHARE
Before a duplicate or replacement pass or card shall be issued, the county public works director shall be
presented with an affidavit of the owner of the missing pass or card setting forth the facts supporting J:i+s
their application for issuance of a replacement. The affidavit may provide for authority for the county
public works director to have the original pass or card cancelled and for impounding of the original pass
or card whenever such pass or card is presented for ferry passage. (Ord. 2002-028).
0 SHARE
The county public works director is authorized to examine the application, and should Ris--their
examination result in a determination that the requirements of this chapter have been met, then fie-they
may issue a replacement pass or card good only for the unexpired term of the lost, stolen, or destroyed
pass or card; but should fie-they find that the grounds stated in the affidavit fail to support the alleged
bona fide loss, theft, or destruction of the original pass or card, or are insufficient to find (1) probable
cause to believe that the pass or card was in fact lost, or (2) was in all probability stolen, or (3) was in fact
destroyed, then fie-they shall deny the application and shall not issue the requested duplicate pass or
card. In the event the application is denied, the county public works director shall make written findings
setting forth the reasons why fie-they haves denied the application. (Ord. 2002-028).
Chapter 10.40
TRAFFIC CODE
,nodiiit•cl. Cl SHARE
A. RCW 46.04.431 Highway. Highway means the entire width between the boundary lines of every way,
public or private, when any part thereof is open to the use of the public for purposes of vehicular travel.
8. RCW 46.08.030 Uniformity of application. The provisions of this title relating to the operation of
vehicles shall be applicable and uniform upon all persons operating vehicles upon the public highways of
this county, except as otherwise provided.
C. RCW 46.61.500 Reckless driving.
1. It is unlawful for any person to operate a motor vehicle in a reckless manner as defined by this
resolution.
2. Any person who drives any vehicle in a wilful or wanton disregard for the safety of persons or
property is guilty of reckless driving.
3. The license or permit to drive or any nonresident privilege of any person convicted of reckless
driving shall be suspended by the department for not less than 30 days.
D. RCW 46.64.060 Stopping motor vehicles for driver's license check, vehicle inspection and test -
Purpose. The purpose of RCW 46.64.060 and 46.64.070 is to provide for the exercise of the police power
of this state and county to protect the health and safety of its citizens by assuring that only qualified
drivers and vehicles which meet minimum equipment standards shall operate upon the highways of this
state and county.
E. RCW 46.64.070 Stopping motor vehicles for driver's license check, vehicle inspection and test -
Authorized powers additional. To carry out the purpose of RCW 46.64.060 and 46.64.070, officers of the
Whatcom County sheriff's office are empowered during daylight hours and while using plainly marked
Whatcom County sheriff vehicles with red light to require the driver of any motor vehicle being operated
on any highway of this county to stop and display his or hertheir driver's license and/or to submit the
motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle
complies with the minimum equipment requirements described by RCW Chapter 46.37, as now or
hereafter amended. No criminal citation shall be issued for a period of 10 days after giving a warning
ticket pointing out the defect. The powers conferred by RCW 46.64.060 and 46.64.070 are in addition to
all other powers conferred by law upon such officers, including but not limited to powers conferred upon
them as police officers pursuant to RCW 46.20.430 and powers conferred by RCW Chapter 46.32. (Ord.
80-108 (part)).
Exhibit H: Title 11 -Boating and Swimming
l] SHARE
Chapter 1 1.04
GENERAL PROVISIONS
For the purposes of this title, the words and phrases set out in this section shall have the following
meanings:
A. "Vessel" means every watercraft used or capable of being used as a means of transportation on the
water, other than seaplanes.
B. "Personal watercraft" means a vessel of less than 16 feet which uses a motor powering a jet-pump as
its primary source of motive power and which is designed to be operated by a person sitting, standing or
kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or
standing inside the vessel.
C. "Sheriff" means the sheriff of Whatcom County or any duly appointed deputy sheriff of Whatcom
County, or designee.
D. "Skin-diving" means any free swimming by a person who uses an artificial or mechanical means to
replace Ml=leftheir air, including self-contained underwater breathing apparatus, snorkel tube equipment,
and free diving gear, but does not include swimmers using supervised public beaches designated as
swimming areas.
E. "Diver's flag" means a red flag five units of measurement on the hoist by six units of measurement on
the fly with a white stripe of one unit crossing the red diagonally with the flag having stiffness. This flag
shall only pertain to skin-and scuba-diving, and shall supplement any nationally recognized diver's flag or
marking.
F. "Skier's down flag" means a bright red or brilliant orange flag not less than 12 inches square, mounted
on a pole not less than two feet in length.
G. "Idling" or "no-wake speed" means a very slow speed not to exceed five miles per hour, whereby the
wake or wash created by the vessel would be minimal.
H. "Person," "hethey," and "mstheirs" or other words specifying a particular gender include any natural
person and, where relevant, a corporation, partnership, joint stock association, or an unincorporated
association.
Chapter l 1.20
WATER SKIING, SWIMMING AND SKIN DIVING
REGULA TIO NS
C SHARE
A. Age Requirements. No vessel which has in tow or is otherwise assisting a person on water skis,
aquaplane, surfboard, innertube or similar contrivances shall be operated unless such vessel is occupied
by at least two persons, one at least the age of 16 years, and one of at least eight years of age who shall
be observer or ski-tender in addition to the operator; provided, that this prohibition shall not apply to
vessels used in duly authorized ski tournaments.
B. Intoxication Prohibited. No person shall ride or manipulate any water skis, aquaplane, surfboard,
innertube or similar contrivance while in tow, or being assisted by a vessel, when such person is under
the influence of intoxicating liquor or drugs to a degree which renders said person incapable of safely
riding or manipulating such a contrivance.
C. Distance from Shoreline. Except on safe takeoffs and safe landing, vessels and persons under tow on
water skis, aquaplane, surfboard, innertube or a similar contrivance, and vessels being utilized to displace
water for the purpose of surfing, wakesurfing, wakeboarding, or similar activities that produce wakes for
surfing must keep 150 feet or more from the dock, float, or shoreline, except for Lake Whatcom where the
distance shall be 300 feet from the shore, dock or float, and Lake Samish where the distance shall be 300
feet from the shore, dock or float for vessels being utilized to displace water for the purpose of surfing or
wakesurfing or similar activities that produce wakes for surfing and 150 feet for all other vessels. A takeoff
will not be considered "safe" unless the person(s) under tow are heading away from the shore and the
takeoff can be accomplished without any risk to swimmers or vessels. The person(s) under tow, but not
the vessel, may come within 150 feet of the shoreline when in the process of landing; provided, that the
return to the shore must be at any angle of 45 degrees or more to the shoreline.
D. Other Vessels. No vessel shall follow behind a skier closer than 300 feet, nor cross the towing boat
bow by less than 200 feet, nor alongside a skier closer than 100 feet.
E. Personal Flotation Devices Required. Any person on water skis, aquaplane, surfboard, innertube or
similar contrivance shall wear about his body a type I, 11, or Ill personal flotation device as defined and
required by the U.S. Coast Guard.
F. Conduct. Any person on water skis, aquaplanes, surfboards, innertubes, or similar contrivances shall
conduct himself themselves upon the same in a careful and prudent manner, and shall remain at all times
a reasonable and prudent distance from other persons and from the property of others, and shall not
come within 100 feet of a swimmer or any other vessel.
'I I,
Chapter 11.24
ACCIDENT PROCEDURES
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The duties of the operators and witnesses of accidents are:
A. The operator of any vessel involved in an accident which results in bodily injury, death or property
damage, shall immediately stop the vessel at the scene of the accident, or as close thereto as possible,
and shall remain at the scene of the accident until the operator has fulfilled the additional requirements of
this section.
B. The operator of any vessel involved in an accident resulting in bodily injury, death or property damage
shall:
1. In the event of a collision with another occupied vessel or an accident involving personal injury or
death, give the other operator, surviving occupant or any person not injured as a result of the
accident l=»&their name, address, and the identifying number of the boat which Re-they were, ... as---
operating and the name and address of the other occupants of the vessel and shall render to any
person injured in such accident reasonable assistance, including the carrying or the making of
arrangements for the carrying of such person to a physician or hospital for medical treatment if it is
apparent that such treatment is necessary, or if such carrying is requested by the inju'red person, or
on l=»&their behalf. Under no circumstances shall the rendering of assistance or other compliance
with the provisions of this section be evidence of the liability of any operator for such accident.
2. In the event of a collision with an unattended vessel, or in the event of an accident resulting only
in property damage, the operator of the colliding vessel shall take reasonable steps to locate and
notify the owner or other person in charge of such vessel or other property of such fact and of /:li.s.
their name, address, and the identifying number of the boat which he--waBthey were operating and
the name and address of the other occupants of the vessel.
C. Any witness to any accident shall furnish to the operator, owner, or injured person his or hertheir name
and address. (Ord. 90-83 (part)).
Chapter 11.28
PROHIBITIONS
A. Operating Under Influence. It is unlawful for any person who is under the influence of or affected by the
use of intoxicating liquor or of any drug to operate, propel or be in actual physical control of a vessel
within Whatcom County.
B. Permitting Operation. No owner of a vessel or person in charge or control of a vessel shall authorize or
knowingly permit the vessel to be propelled or operated by any person who is under the influence of or
affected by the use of intoxicating liquor or any drug.
C. Prevention Authorized. Whenever it appears reasonably certain to any deputy sheriff that a person
under the influence or affected by the use of intoxicating liquor or any drug is about to operate a vessel in
violation of subsection A of this section, said officer may take reasonable measures to prevent such
person from so doing, either by taking from J::l.i.m-them or the vessel the keys of such vessel and securing
the same by impounding them, or by some other appropriate means. Such keys or other articles which
may be impounded in order to immobilize the vessel may be returned to the owner or person in question
upon proper identification if it appears there is no longer any reasonable cause to believe the subject
vessel will be operated by a person under the influence of or affected by intoxicating liquor or any drug.
(Ord. 90-83 (part)).
Chapter 11 .40
MISCELLANEOUS PROVISIONS
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A. Any person desiring to place any buoy, float, ski-jump platform or any similar contrivance upon any
body of water covered by the provisions of this title dealing with lakes shall first obtain approval of the
sheriff prior to such placement. The sheriff may place such conditions upon his-their approval as M-BF
msthe sheriff or their authorized representative deems necessary in the interest of public safety.
Chapter 11.44
ENFORCEMENTANDIMPOUNDMENT
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Any person entitled to enforce the provisions of this title may, in addition to other specific provisions
regarding the same, take immediate possession and/or impound and remove any vessel or obstruction
when:
A. The operator or master of the same reasonably appears incapable of safely operating the same or
' appears incapable of directing the disposition of the same;
B. The operator or master of the same refuses to sign a citation, or refuses or neglects to obey an order
of the enforcing authority to proceed from or to an area following a citation, or in an emergency;
C. The operator or master operates a vessel or obstruction in a negligent, reckless or other manner so as
to endanger the safety of others or to unreasonably interfere with the navigation of other vessels and the
enforcing authority believes such operation of the vessel or obstruction would continue unless possession
be taken of the same;
D. The vessel or obstruction appears unsafe for transportation; or
E. The vessel or obstruction is unattended and is either obstructing a navigable waterway or presenting
an imminent danger to life or property.
F. Except as provided for in preceding subsections, a vessel or obstruction may be impounded and/or
removed when it:
1. a. Appears abandoned, or
b. Is anchored or moored in an anchorage, waterway or submerged street area without a valid
permit, or
c. Is in violation of other provisions of this title or state law; and
2. When at least 72 hours have passed since issuance of an order by the enforcing authority to
remove the vessel or obstruction.
The enforcing authority shall remove the vessel or obstruction using such methods as in his or hert.,.,_h~e=ir __
judgment will prevent unnecessary damage to said vessel or obstruction, and/or delegate the task of
removal and impounding of said vessel or obstruction to a private party, which shall also be subject to the
requirement for exercise of care assigned herein to the enforcing authority.
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When taking possession as authorized in wee 11.44.020, the enforcing authority may impound the
vessel or obstruction in place by posting the same with one or more signs or notice in conspicuous places
stating "Sheriff Impound -Keep Off' and notifying the owner, master or person in charge of the
impounding. The enforcing authority may, in rus-their discretion, appoint as custodian the owner or
master, or the owner or operator of the facility or property where the vessel is moored or anchored. Upon
the posting of such signs, it is unlawful for any person:
Exhibit I: Title 12 -Roads and Bridges
J_) -1) .ct~c;
Chapter 12.12
CONSTRUCTION OF APPROACHES
In accepting a permit, the petitioner, J::li&their successors and assigns, agree to protect Whatcom County
and save it harmless from all claims, actions or damages of every kind and description which may accrue
to or be suffered by any person or persons, corporation or property by reason of the performance of any
such work, character of materials used, or manner of installation, maintenance and operation, or by the
improper occupancy of rights-of-way or public place or public structure; and, in case any suit or action is
brought against Whatcom County for damages arising out of or by reason of any of the above causes, the
petitioner, J::li&their successors or assigns, will, upon notice to him or them of commencement of such
action, defend the same at J::ii.&-eF-their own sole cost and expense and will satisfy any judgment after the
said suit or action shall have finally been determined if adverse to Whatcom County. (Prior code §
7.12.020).
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The party or parties to whom a permit is issued shall maintain at his or their sole expense the structure or
object for which the permit is granted in a condition satisfactory to the county road engineer. (Prior code §
7.12.120).
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In accepting a permit, the grantee, J::li&their successors and assigns agree that any damage or injury done
to the property of the grantee or any expense incurred by fltffi--them through the operation of a contractor,
working for the county or of any county employee, shall be at the sole expense of the grantee, J::li&their
successors or assigns. (Prior code§ 7.12.130).
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If the work done under a permit interferes in any way with the drainage of the county roads, the grantee
shall wholly and at J::li&their own expense make such provision as the engineer may direct to take care of
said drainage. The county engineer shall designate the size and type of culvert pipe to be used. (Prior
code§ 7.12.050).
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All approaches are subject to the inspection and approval of the county engineer or ms-their assigns, and
the grantee shall receive said approval in writing as proof of release from the terms of the permit. (Prior
code§ 7.12.160).
Chapter 12.14
PERMITS AND STANDARDS FOR USE OF UNOPENED RIGHTS-
OF-WA Y
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Upon completion of the required improvements, the county engineer shall indicate ms-their approval on
the permit and make the appropriate notice thereof upon official county road right-of-way records. (Ord.
2007-066 Exh. A; Ord. 80-1 § 2(0)).
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A permittee may appeal the action of the director and/or the county engineer in denying conditions or
otherwise acting upon a permit; provided, that a written request for reconsideration must first be filed with
the director within 30 days of the action complained of. The request shall state what action is being
questioned and the reason for the disagreement. Upon receipt of this request, the director may choose to
affirm, reverse, or modify ms-their or the county engineer's prior action. Notice of the director's response
shall be mailed to the permittee within 10 working days of the receipt of the request for reconsideration.
The director's action may thereafter be appealed to the county council by filing a written notice of appeal
with the clerk of the council within 30 days of the date of response from the director to the written request
for reconsideration. The clerk, upon receipt of an appeal, shall schedule a public meeting or place before
the regular council meeting at which time testimony will be taken from the permittee and from the director.
Based upon the data supplied at this meeting and such other information as the council may request, the
council may either sustain, reverse, or modify the action of the director. The decision of the council shall
be final and binding and not subject to further appeal. (Ord. 2007-066 Exh. A; Ord. 80-1 § 7).
Chapter 12.16
REVOCABLE ENCROACHMENT PERMITS
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A. The person, corporation, district, municipality, city, town or utility which will perform the work must
obtain the permit before beginning unless the emergency exemption applies. The engineer's office must
be notified as to street address and permit number 24 hours in advance of construction if underground
utilities are ready to be covered, and again when all work is completed. The permittee must remedy and
correct any and all discrepancies cited by the inspecting authority immediately upon written notice of
correction furnished to the address of record listed on the permit unless waived by the department.
B. The county engineer, or Ai-s-their designee, under the direction of the department of public works shall
be the inspecting authority responsible to investigate and inspect all work undertaken within the county
right-of-way to determine that a permit has been obtained, that the work is in full compliance with the
terms of the permit, county development standards, buildings and code administration requirements,
other laws and regulations and that all corrections and remedies are made within the period of time
required in the notice of correction or within a reasonable time if none is stated. The county engineer shall
keep a record of all inspections made, instructions and directions issued and respond to each notice of
correction for each permit. (Ord. 2006-046 (Exh. A); Ord. 88-79 § 3).
I! >g (HO
Chapter 12.28
UTILITY CONSTRUCTION
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Construction work shall not commence before engineering plans are approved by the county engineer or
rus-their authorized representative. A utility permit shall be issued upon the approval. (Res. 79-21 Ex.
A(1 )).
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The contractor shall conduct rus-their operations in such a manner so that interference with public travel
will be minimized. Proper and safe maintenance of traffic shall be provided as specified in Section 7, of
the American Public Works Association (APWA) Standard Specifications or equivalent. (Res. 79-21 Ex.
A(4)).
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Permanent pavements shall be bored wherever possible unless specific permission is granted for a cut by
the county engineer or rus-their representative. (Res. 79-21 Ex. A (part)).
Chapter 12.30
FIBER OPTIC CABLE SYSTEMS
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Prior to installing any fiber optic system within the county rights-of-way, easements and county-owned
property, an application shall be filed with the buildings and code administration and approved by the
county engineer or his-their designee, and one set of plans shall be filed with maintenance and operations
division. (Ord. 87-37 § 3).
Chapter 12.48
ROADSIDE VEGETATION MANAGEMENT PROGRAM
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Penalties and court enforcement shall be applied as follows:
A. Any person, firm or corporation who fails to comply with any of the conditions herein shall be guilty of a
civil offense and shall be fined a sum not to exceed $1,000.
B. The penalty provided in the above section shall be imposed by a written notice delivered, either by
certified mail with return receipt requested or by personal service, to the person, firm or corporation
involved in the activity. Said notice shall originate at the Whatcom County public works department. The
notice shall include the amount of the penalty imposed and shall describe the violation with reasonable
particularity. It shall also order the act or acts constituting the violation or violations to cease and desist or,
in appropriate cases, require necessary corrective action to be taken within a specific and reasonable
time.
C. After the notice is postmarked, the recipient has 30 days to either pay the amount designated or to
make written application to the public works department for remission or mitigation of such penalty. Upon
receipt of the application, said department shall review the penalty and make a written decision of that
review. The public works department's decision shall be reviewed by the county council if the aggrieved
party files a written appeal with the clerk of the county council within 10 days of its issuance. The decision
of the county council regarding the penalty imposed shall be final. In calculating the time limits mentioned
in this chapter, begin calculating the time the day after the decision is issued and include the last day. If
the last day falls on a Saturday, Sunday or a legal holiday, then the time limit is extended to the next
regular business day.
D. The prosecuting attorney may in fli.&-their discretion bring such injunctive, declaratory or other actions
as deemed necessary to ensure that violations of this chapter are prevented or cease, and to otherwise
enforce the provisions of this chapter
Exhibit J: Title 15 -Buildings and Construction
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Chapter 15.04
BUILDING CODES
The following words shall have the following meanings in this title and throughout the codes adopted in
wee 1 s.04.01 o:
"Administrative authority" is the department of planning and development services, the building services
division, and the Whatcom County building official.
"Agricultural building" means livestock shelters or buildings, including shade structures and milking barns;
poultry buildings or shelters; barns; storage of equipment and machinery used exclusively in agriculture;
horticultural structures, including detached production greenhouses and crop protection shelters; sheds;
grain silos; and stables. (IBC Appendix C, Group U-Agricultural Buildings.)
"Agricultural processing building and/or facility" means buildings/facilities where agricultural products are
cooled, frozen or dried, and packaged in their otherwise unaltered, primary state for shipping to
distribution sales outlets. Agricultural processing buildings/facilities may include conveyors, refrigeration
equipment and rooms, other applicable processing or environmental mechanical equipment, offices,
employee facilities, restrooms, product and product packaging storage, loading docks, and similar
applicable accessory appurtenances.
Although agricultural processing buildings/facilities are determined by Whatcom County to be a Group U
occupancy for purposes of determining fire flow requirements, they represent a more intensive use than
agricultural buildings, based on the typical number of personnel (even if seasonal), type of equipment,
and typical operations. Appropriate, applicable health, fire, and life/safety codes and regulations will be
applied in the review process of these buildings/facilities.
Cooking, modifying, altering, combining, and/or other secondary food processing/manufacturing is not
considered agricultural processing. The primary use for this type of processing is determined to be a
Group F occupancy per applicable provisions of the IBC and other adopted codes and regulations.
"Building official" is the director of the department of planning and development services or fli.sl.Aeftheir
designee. See WCC 15.04.020, Amendments to the International Building Code.
"Building site" is any site proposed for the location of a manufactured home, including sites within mobile
home parks.
"Critical areas" means those resource and hazard areas as designated in Chapter 16.16 WCC (Critical
Areas).
"Director" means the director of the Whatcom County department of planning and development services,
or RiBIReftheir designee.
Fire Chief. Whenever the term "fire chief" is referenced in this code it shall mean the Whatcom County fire
marshal (fire code official) or RiBIReftheir designee, as identified in IFC Section 103, except as stated in
IFC Section 104.11 and/or where the fire marshal has delegated a specific responsibility to the fire chief
of a given fire district by verbal, written, and/or historic agreement.
Fire Code Official. Whenever the term "fire code official" is referenced in this code it shall mean the
Whatcom County fire marshal, or his/her theirdesignee, as identified in IFC Section 103.2 and as
amended per wee 15.04.040.
4. Section 105.5 (Expiration) is amended to include the following:
§105.5.1 Land Disturbance permits issued for grading activity shall expire if work authorized is not
commenced within 180 days of issuance unless a phased plan has been approved by the Director. The
Director is authorized to grant one extension of 180 days if the request is submitted prior to expiration of
the permit. The extension shall be requested in writing and justifiable cause(s) demonstrated. If the
project is located within a Water Resource Protection Overlay District (WCC 20. 71) or the Lake
Whatcom Watershed Overlay District (WCC 20.51 ), which are subject to seasonal clearing activity
limitations, the extension shall begin at the commencement of the construction season, pursuant to
WCC 20.80.735 (Water Resource Special Management Areas).
§105.5.2 Grading permits also expire and become invalid when the total approved volume has been
placed into or excavated from the approved area.
5. Section 107.2 (Construction Documents) is amended to include the following:
§107.2. 7 Construction documents may be submitted in Standard English or Metric measurement.
However, the Building Official may require, at ~their discretion, that any Metric construction
documents be converted by the applicant to Standard English measurement, which then may be
submitted independently or in tandem with Metric documents.
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F. IRC Appendix E (Manufactured Homes) is entirely replaced with the following:
This chapter is enacted as an exercise of the police power of the County for the benefit of the public at
large. It is not intended to create a special relationship with any individual or individuals, nor to identify
and protect any particular class of persons.
The purpose of this chapter is to provide minimum standards to safeguard life or limb, health or
property, and public welfare by regulating and controlling the installation of manufactured homes on
building sites within the county.
It is not the intent of this chapter to impose liability upon the County for failure to perform any
discretionary act. Rather, it is the intent of this chapter to place the obligation of complying with its
requirements upon the installer. Nothing contained in this chapter shall be construed to relieve from or
to lessen the responsibility or liability of any person for injury or damage to persons or property caused
by or resulting from any defect of any nature in any manufactured home installation work performed by
said person or in any manufactured home installa~ion equipment owned, controlled, operated, or used
by ~hem; nor shall Whatcom County, or any officer, agent, or employee thereof, incur or be held
as assuming any liability by reason or in consequence of any permission, certificate of inspection,
inspection, or approval authorized herein, or issued or given as herein provided, or by reasons or
consequence of any things done or acts performed pursuant to the provisions of this chapter.
1) SCOPE
This chapter sets forth rules and regulations to regulate and control the installation of manufactured
homes on building sites, establishes an administrative procedure for the issuance of permits, and
provides for the inspection of manufactured home installations.
2) DEFINITIONS
Words shall be as defined in WCC 15.04.012 (Definitions).
3) GENERAL INSTALLATION REQUIREMENTS
a. Manufactured homes installed on building sites shall be installed in accordance with the provisions of
this chapter and all applicable local, state, and federal codes, ordinances, and statutes.
b. Manufactured homes shall be installed in compliance with the manufacturer's installation
recommendations or according to NCSBCS/ANSI A225.1-1994 (Permanent Foundation Requirements).
The manufacturer or dealer shall send copies of its approved installation recommendations to the
purchaser of the manufactured home and copies shall be submitted with the building permit application.
c. No person, firm, partnership, corporation, or other entity may install a manufactured home unless
&A:lethey owns the manufactured home or is a licensed manufactured home installer.
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A. Section 102.2 (Administrative, Operational and Maintenance Provisions) is amended to read as
follows:
To provide a reasonable degree of safety to persons occupying existing buildings, there shall be a fire
code inspection, at times to be determined by the Whatcom County Fire Marshal, for all Group A, B, E,
F, H, I, M, R, S, and U occupancies. Only R-3 Occupancies containing the following shall be subject to
fire code inspections: adult family homes, family daycare homes, and adult and child care facilities, as
defined in Chapter 2 (Definitions) as amended by Washington State.
B. Section 103.1 (General) is amended to read as follows:
The Department of Fire Prevention, hereinafter referred to as the Fire Marshal's Office, is established
within the jurisdiction under the direction of the Fire Code Official, hereinafter referred to as the Fire
Marshal. The function of the Office shall be the implementation, administration, and enforcement of this
code. Recognizing the authority and responsibility vested in the Fire Marshal by the International Fire
Code, the Fire Marshal is authorized to promulgate such rules, policies, and/or procedures as &A:lethey
deems necessary for the efficient operation of fire prevention and investigations.
C. Section 103.2 (Appointment) is amended to read as follows:
The Fire Marshal is the Director of Planning and Development Services, except that a Fire Marshal
and/or Deputy Fire Marshal may be appointed by the Director. The Fire Marshal/Deputy Fire Marshal
shall be not less than a supervisor within the Building Services Division of the Whatcom County
Department of Planning & Development Services, as designated by the Director. The Fire Marshal for
Whatcom County is authorized to enforce the provisions of this ordinance and adopted referenced
codes and amendments.
D. Section 104.1 (General) is amended with the following additional paragraphs:
The provisions of RCW 18.160.070 and the Levels of Licensing required by the State Fire Marshal's
Office will be enforced by the Whatcom County Fire Marshal's Office as specified, including but not
limited to work performed by contractors and/or documentation verifying compliance with current
licensing requirements. Issuance of permits may be withheld due to lack of compliance with these
provisions.
It is the interpretation and determination of the Whatcom County Fire Marshal that the "installation of
underground work of any kind for any kind of structure" applies to the installation of fire protection
systems connected to or integral to a fire protection sprinkler system. A Level U license from the State
Fire Marshal's office shall be required. The Fire Marshal, at fl-is.A::lef-their discretion, may require a Level
U license for any underground work determined at any stage of installation to be substantially and/or
consistently substandard.
Exhibit K: Title 16 -Environment
Chapter 16.08
STATE ENVIRONMENTAL POLICY ACT (SEPA)!
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A. For those proposals for which the county is the lead agency, the responsible official shall be the
director of planning and development services or fl+Sffl-eftheir designee.
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A. The director of planning and development services or fl+Sffl-eftheir designee shall be responsible for
preparation of written comments for the county in response to a consultation request prior to a threshold
determination, participation in scoping, and reviewing a DEIS.
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A. When there are grounds independent of SEPA that merit denial of a proposal that is undergoing
preparation of a SEPA environmental impact statement (EIS), whether ongoing or postponed by the
applicant, the county shall deny the application(s) related to the proposal, following receipt of a
recommendation of denial from the responsible official, if the following requirements are met:
1. The proposal is one for which the responsible official has issued a determination of significance
or an early notice of the likelihood of a determination of significance, as defined in WCC 16.08.175;
and
2. Continued preparation or completion of the EIS is no longer justified because either:
a. The applicant has applied for a rezone for which there is a direct conflict with an express
limitation adopted in a county plan, policy or regulation, which conflict could not be mitigated
through measures identified in an EIS; or
b. Prior to completion of the EIS, the applicant has received a denial of a necessary permit or
other authorization by another federal, state or local agency with jurisdiction on grounds
independent of SEPA, without which the project cannot go forward.
B. Any denial or recommendation of denial shall be supported by express written findings or conclusions
in conformance with subsection A of this section.
C. Procedure. The following is applicable to any project proposal for which an EIS has been required:
1. When the responsible official determines that the requirements of subsection A of this section
are met, within 30 days he or shethey shall issue a recommendation of denial and set a hearing
before the hearing examiner pursuant to Chapter 22.05 WCC. The recommendation shall provide
proposed written findings and conclusions to the hearing examiner demonstrating how the
provisions of subsection A of this section are met.
Article VIII. Definitions
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This article contains uniform usage and definitions of terms under SEPA. The county adopts the following
sections by reference, as supplemented by WAC 173-806-040:
I. "Responsible official" shall mean the director of the department which bears responsibilities for the
SEPA process or l=IJ.sl.t::leftheir designee.
Chapter 16.16
CRITICAL AREAS*
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A. When the technical administrator determines a need for a critical area assessment pursuant to
WCC 16.16.250, theys#ie shall have the authority to require a critical areas assessment report, to be
prepared by a qualified professional and be consistent with best available science. The analysis shall be
commensurate with the value or sensitivity of a particular critical area and relative to the scale and
potential impacts of the proposed activity. A critical area assessment shall have all of the following
elements, unless determined by the technical administrator not to be needed:
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Developments permitted pursuant to this chapter that adversely impact or alter a critical area or buffer
shall include mitigation sufficient to minimize risks associated with geologic hazards and/or maintain or
replace critical areas functions and values. Any proposed development that cannot adequately mitigate
critical area impacts as determined by the technical administrator shall be denied.
D. Mitigation Assurance.
1. The applicant and fiis!-1:leftheir representatives shall demonstrate sufficient scientific expertise
and capability to implement the mitigation, monitor the site, and make corrections if the project fails
to meet projected goals. The technical administrator may require the following to ensure that the
mitigation is fully functional:
B. Mitigation banks shall require a major project permit in accordance with Chapter 20.88 WCC and shall
be subject to a formal review process including public review as follows:
1. The bank sponsor shall submit a bank prospectus for county review. The prospectus shall
identify the conceptual plan for the mitigation bank, including:
a. The ecological goals and objectives of the bank;
b. The rationale for site selection, including a site map and legal description of the prospective
bank site;
c. A narrative demonstrating compliance with the Whatcom Co,unty comprehensive plan,
associated development standards and this chapter, shoreline restoration plan, watershed
planning documents prepared and adopted pursuant to Chapter 90.82 RCW, and/or the
salmonid recovery plan;
d. A description of the existing site conditions and expected changes in site conditions as a
result of the banking activity, including changes on neighboring lands;
e. A conceptual site design;
f. A description of the proposed protective mechanism such as a conservation easement; and
g. Demonstration of adequate financial resources to plan, implement, maintain, and
administer the project.
2. The technical administrator shall review the bank prospectus either by participating in the state's
Mitigation Bank Review Team (MBRT) process and/or by hiring independent, third-party expertise
to assist in the review.
3. If the technical administrator determines that the bank prospectus is complete, technically
accurate, and consistent with the purpose and intent of this chapter, theysll=le shall forward the
prospectus to the county council for initial review. If the proposed bank involves conversion of
agricultural land to nonagricultural uses, the county council shall seek a recommendation from the
agricultural advisory committee as to whether the conversion should be allowed. The committee's
recommendation shall be nonbinding. The county council may require mitigation for the loss of
agricultural lands.
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When an impact to critical area or a buffer will occur due to a proposed development, a standard buffer
width has been altered, or mitigation is required, one or more of the following protective measures shall
be applied:
A. Deterrent Devices. The technical administrator, as a condition of permit approval, may require that the
outer boundary of a wetland or habitat conservation area and its buffer, a mitigation site, a designated
open space, or a conservation easement be identified with signs, markers, and/or fencing to minimize
potentially harmful intrusions from adjacent land uses, to alert citizens to a potential public health or
safety risk associated with a critical area, or to accomplish other objectives specifically provided for
elsewhere in this chapter. The technical administrator shall provide specifications on the type, content,
and size of the signs prior to permit approval. The signs shall be posted near primary access points and
approximately every 200 feet along the critical area boundary.
B. Notice on Title. The owner of any property containing any critical area or buffer for which a
development permit is about to be issued shall record a notice with the county auditor real estate records,
in a format approved by the technical administrator, and provide a copy of the filed notice to the planning
and development services department at the time the permit is issued. The notice shall advise of the
presence of a critical area or buffer on the property, and that limitations on actions in or affecting the
critical area or buffer exist. The notice shall provide that restrictions on uses within the critical area exist
until such time as the technical administrator approves a change in restriction and such approval is filed.
This notice on title shall not be required for a development proposal by a public agency or public or
private utility within a right-of-way or easement for which they do not have fee-simple title. This
requirement shall be waived by the technical administrator for certain geologically hazardous areas if
sA=l-ethey finds that the risk is so low as to not warrant notification (e.g., old alluvial deposits).
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A. When county critical area maps or other sources of credible information indicate that a site proposed
for development is or may be located within a frequently flooded area, the county public works
department's river and flood division and/or the technical administrator shall have the authority to require
a critical area assessment report.
B. The public works department shall have primary responsibility for reviewing and approving proposed
developments for consistency with wee Title 1I-The technical administrator shall review development
proposals for consistency with the standards provided in this chapter. Either may place conditions for
approval and/or require mitigation in accordance with this chapter.
C. In addition to the requirements of wee 16.16.255, critical areas assessment reports for frequently
flooded areas shall:
1. Identify any federally listed species and associated habitats, and demonstrate that no harm will
occur to such species or habitats as a result of development (inclusive of mitigation) within
frequently flooded areas.
2. Address adverse impacts to ecological functions and processes, including riparian vegetation.
Positive impacts may also be discussed.
3. Include mitigation for adverse effects on frequently flooded areas' ecological functions, where
applicable.
Chapter 16.24
COMMUTE TRIP REDUCTION
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The technical administrator is the Whatcom County director of planning and development services or
fli.s!Aet:their designee. The hearing examiner is appointed by the county council. The technical
administrator and the county hearing examiner shall administer and enforce the provisions of this chapter
pursuant to the following:
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A. All applicants shall complete a prescreening meeting with the technical administrator prior to submitting
an application subject to this chapter. The purpose of this meeting shall be to discuss the requirements
for a complete application; the critical area standards and procedures; to review conceptual site plans
prepared by the applicant; to discuss appropriate investigative techniques and methods; and to determine
reporting requirements.
B. Review and approval of a proposed development within a critical area or its buffer may be initiated
through the application for any project permit in Whatcom County.
C. The technical administrator shall be responsible, in a timely manner, to make one of the following
determinations regarding critical areas review:
1. Initial Determination. When county critical area maps or other sources of credible information
indicate that a site may be located, contain or abut critical areas, critical area buffers or setbacks
the technical administrator shall require technical studies in accordance with that critical area's
specific article.
2. Determination of Impacts. The technical administrator shall use best available science, including
but not limited to the county's critical areas maps, ~their field investigation results, ~their
own knowledge of the site, information from appropriate resource agencies, or documentation from
a scientific or other credible source to determine if the project will more probably than not adversely
impact a critical area or its buffer. Identified adverse impacts shall be fully mitigated in accordance
with WCC 16.16.260.
3. Determination of Compliance. If the applicant demonstrates to the satisfaction of the technical
administrator that the project meets the provisions of this chapter and is not likely to adversely
affect the functions and values of critical areas or buffers or provides mitigation to reduce the
adverse impact to meet no net loss of the function and values of critical areas or buffers, the
technical administrator shall make the determination that the proposal complies with this chapter.
4. Decision to Approve, Condition, or Deny. The technical administrator shall review all pertinent
information pertaining to the proposed development and shall approve, approve with conditions, or
deny the permit based on their review, and shall provide a detailed written decision. This
determination shall be included in the project review record for the project permit in accordance
with Chapter 22.05 WCC.
D. The technical administrator may waive the requirement for critical areas review under this chapter
when s#lethey determines that all of the following conditions are met:
1. The proposed development activity is located on a parcel that received approval of a previous
critical areas review within the prior five years, site conditions have not changed, and the applicable
regulations have not substantively changed;
2. All critical areas on the parcel have been identified and delineated and the effects of the pro-
posed development activity have been thoroughly considered in accordance with the most current
regulations and best available science;
3. The activity is in compliance with all permit conditions including mitigating measures, as
applicable, that were imposed as part of the prior review and there are no outstanding violations of
conditions that were imposed as part of the previous review;
4. The development activity involves a use that is equally or less intensive than the development
activity that was subject to the prior permit. Land use intensity shall be based on factors including
development density, critical areas impacts, impervious surface, noise, glare, dust, hours of
operation, and traffic.
E. Submittal Materials.
1. Complete application.
2. A detailed site map drawn to a common scale, or survey, showing at least the following:
a. Vicinity map.
b. Topographic, hydrologic, and vegetative features.
c. The location and description of known wildlife and habitat features and all known critical
areas.
d. Proposed development activity with dimensions.
3. Existing physical features of the site including buildings, fences, and other structures, roads,
parking lots, utilities, water bodies, etc. Structures shall be dimensioned.
F. Elements of a critical area assessment are encouraged to be submitted together for timely review.
However, the technical administrator may allow the various components to be submitted independently at
different phases of a project if sAiethey determines piecemeal review will benefit the review process or at
the request of the applicant. (Ord. 2018-032 § 1 (Exh. C); Ord. 2017-077 § 1 (Exh. A); Ord. 2005-068
§ 1 ).
Chapter 16.30
LAKE WHATCOM STORMWATER UTILITY SERVICE AREA
D SHARE
I. "Manager" means the public works director or ~their designee.
Chapter 16.36
ILLICIT DISCHARGE DETECTION AND ELIMINATION
PROGRAM
CJ SHARE
A. The administrative portions of this chapter shall be overseen by the director of public works or
J::i.isA:leftheir designee. The enforcement provisions of this chapter shall be overseen by the director of
planning and development services pursuant to WCC 2.32.030, the director of the department of health
pursuant to WCC Title.§., Health and Safety, and Title 24, Health Code, and the county sheriff, or their
respective designees.
B. This chapter is adopted under the authority of the State of Washington Water Pollution Control Law,
Chapter 90.48 RCW, and the Federal Water Pollution Control Act (also known as the Clean Water Act,
Title 33 United States Code, Section 1251 et seq.).
C. Prohibited Discharges. No person or entity or others under their control shall throw, drain, or otherwise
discharge a pollutant to the county's MS4 and/or surface and ground waters.
D. Conditional Discharges. The following types of discharges shall not be considered illegal discharges if
they meet the stated conditions, unless the director of public works or J::i.isA:leftheir designee determines
that the type of discharge, whether singly or in combination with others, is causing or is likely to cause
pollution of surface water or groundwater.
Chapter 16.40
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
C SHARE
The administrative portions of this chapter shall be overseen by the director of public works or rns-1-A-eftheir
designee. The enforcement provisions of this chapter shall be overseen by the director of planning and
development services pursuant to WCC 2.32.030, the director of the department of health pursuant to
WCC Title§, Health and Safety, and Title 24, Health Code, and the county sheriff, or their respective
designees. (Ord. 2015-002 § 1 Exh. A).
Exhibit L: Title 17 -Flood Damage Prevention
D SHARE
Chapter 17 .08
DEFINITIONS
Whenever the term "administrator" is used it means the director of public works or m-s-their designee.
(Ord. 2021-053 Exh. A; Ord. 2019-005 Exh. A; Ord. 2017-056 Exh. A; Ord. 96-050 Exh. A; Ord. 87-25
(part)).
Chapter 17.10
REGULATORY DATA
D SHARE
A. All requests to revise or change the flood hazard data, including requests for a letter of map revision
and a conditional letter of map revision, shall be reviewed by the administrator.
1. The administrator shall not sign the community acknowledgment form for any requests based on
filling or other development, unless the applicant for the letter documents that such filling or
development is in compliance with this title.
2. The administrator shall not approve a request to revise or change a floodway delineation until
FEMA has issued a conditional letter of map revision (CLOMR) that approves the change.
B. If an applicant disagrees with the regulatory data prescribed by this title, AelsAethey may submit a
detailed technical study needed to replace existing data with better data in accordance with FEMA
mapping guidelines. If the data in question are shown on the published FIRM, the submittal must also
include a request to FEMA for a conditional letter of map revision.
Exhibit M: Title 20 -Zoning
Chapter 20.13
PERSONAL WIRELESS SERVICE FACILITIES
C SHARE
As used in this chapter, the following terms shall have the following meanings. Additional definitions that
only apply to eligible facilities requests are set forth in WCC 20.13.025. Other words and terms shall have
meanings assigned to them by Chapter 20.97 WCC or, if not defined in this chapter or
Chapter 20.97 WCC, the meaning customarily assigned to them.
(1) "Administrator" means the director of planning and development services or ms-their designee.
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.091 Design and Development Standards. These development standards are minimum standards and
shall be in addition to any development standards in the underlying district in which a personal wireless
service facility is located. In the event of a conflict between the provisions of this chapter and the general
development standards of this title the more stringent provision shall govern; provided, that where a
provision of this chapter is the more specific in its application to personal wireless service facilities, that
provision shall prevail regardless of stringency.
(14) Screening Standards. Freestanding and attached wireless communication facilities shall be subject
to the following standards for visual screening:
(a) The perimeter of the wireless communication support structure and any guyed wires and
anchors shall be enclosed by a fence or wall at least six feet in height. A row of evergreen shrubs,
spaced not more than five feet apart and capable of growing to form a continuous hedge at least
five feet high within five years of planting, and at least one row of evergreen trees or shrubs spaced
not more than 10 feet apart nor less than six feet high when planted shall be installed outside and
adjacent to the fence.
(b) Landscape material used for screening should be selected and sited to produce a hardy and
drought-resistant landscape area. Native plant materials are preferred.
(c) Maintenance of landscaped areas shall be the responsibility of the applicant and/or operator of
the facility. Required landscaping must be maintained in a healthy manner. Trees and shrubs that
die must be replaced with healthy in-kind materials such that during the life of the facility the
landscaping continues to satisfy the requirements of the permit. Temporary irrigation shall be
provided to help ensure survival during the plant establishment period. If the approving authority
determined that existing vegetation provided adequate screening without the need for additional
landscaping, then no action shall be taken by the applicant or fl+S--their assigns or successors that
would diminish its effectiveness in screening the site. In the event that natural vegetation is
removed to the extent that the area required to be screened is made more visible, the operator of
the facility shall prepare a revegetation plan and submit the plan to the administrator for review and
approval. Upon approval, the operator shall implement the plan.
Chapter 20.14
WIND ENERGY SYSTEMS
.074 Flicker Analysis for WES.
A flicker analysis is required for all WES. The analysis shall include the duration and location of flicker
potential for all buildings and for roadways within a one-mile radius of each turbine within a
project. The applicant shall provide a site map identifying the locations of shadow flicker that may be
caused by the project and the expected durations of the flicker at these locations from sunrise to sunset
over the course of a year. The analysis shall account for topography but not for obstacles such as
accessory structures and trees. Flicker at any building shall not exceed 30 hours per year within the
analysis area. Flicker in excess of the limits established in this chapter shall be grounds for the county or
Ri-slReftheir designee to order operational adjustments, which may include mitigation measures requiring
cessation of operation during periods when flicker affects any building, for all noncom pliant WES.
Chapter 20.17
TEMPORARY HOMELESS FACILITIES
IC SHARE
The following requirements shall apply to all temporary homeless facilities approved under this chapter,
unless modified by the director through an administrative approval use permit.
(15) The sponsor and the managing agency shall designate points of contact and provide contact
information (24-hour accessible phone contact) to the chief criminal deputy of the Whatcom County sheriff
or J:ii.sl.Aeftheir designee. At least one designated point of contact shall be on duty at all times. The names
of the on-duty points of contact shall be posted on site daily and their contact information shall be
provided to the Whatcom County sheriff's office as described above.
Chapter 20.20
URBAN RESIDENTIAL (UR) DISTRICT
SHARE
Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered
pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and
Chapter 22.05 WCC (Project Permit Procedures), the Whatcom County SEPA Ordinance, the Whatcom
County Subdivision Ordinance and the Whatcom County Shoreline Management Program .
. 091 Substance abtlse--use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2022-012 § 1
(Exh. A), 2022; Ord. 2021-059 § 2 (Exh. B), 2021; Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2005-079 § 1,
2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 2000-040 § 1, 2000; Ord. 99-068, 1999;
Ord. 99-062, 1999; Ord. 98-083 Exh. A§ 5, 1998; Ord. 97-062; Ord. 96-056 Att. A§ B1, 1996; Ord. 93-
056, 1993; Ord. 88-40, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987; Ord. 82-58, 1982) .
. 191 Substance abtlse--use disorder facilities that provide residential treatment and are larger than other
residential structures permitted in the zoning district.
C SHARE
All uses not listed as permitted, accessory, administrative approval, or conditional uses are prohibited,
including but not limited to the following, which are listed here for purposes of clarity:
.201 Reserved .
. 202 Adult businesses .
. 203 Mental health facilities that provide crisis care .
. 204 Substance abtlse--use disorder facilities that provide crisis care .
. 205 Outpatient mental health facilities .
. 206 Outpatient substance abtlse--use disorder treatment facilities, including opiate substitution treatment
clinics.
Chapter 20.22
URBAN RESIDENTIAL-MEDIUM DENSITY (URM) DISTRICT
0 SHARE
Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered
pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and
Chapter 22.05 WCC (Project Permit Procedures), the Whatcom County SEPA Ordinance, the Whatcom
County Subdivision Ordinance and the Whatcom County Shoreline Management Program .
. 091 Substance aoose-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2022-012 § 1
(Exh. A), 2022; Ord. 2016-011 § 1 (Exh. Q), 2016; Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004;
Ord. 2004-021 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-068, 1999; Ord. 99-062, 1999; Ord. 98-083
Exh. A§ 18, 1998; Ord. 96-056 Att. A § C1, 1996; Ord. 88-40, 1988; Ord. 88-29, 1988; Ord. 87-12, 1987;
Ord. 87-11, 1987) .
. 191 Substance aoose-use disorder facilities that provide residential treatment and are larger than other
residential structures permitted in the zoning district.
0 SHARE
All uses not listed as permitted, accessory, administrative approval, or conditional uses are prohibited,
including but not limited to the following, which are listed here for purposes of clarity:
.201 Reserved .
. 202 Adult businesses .
. 203 Mental health facilities that provide crisis care .
. 204 Substance aoose-use disorder facilities that provide crisis care .
. 205 Outpatient mental health facilities .
. 206 Outpatient substance aoose-use disorder treatment facilities, including opiate substitution treatment
clinics.
Chapter 20.24
URBAN RESIDENTIAL MIXED (UR-MX) DISTRICT
0 SHARE
Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered
pursuant to the applicable provisions of Chapters 20.80 WCC (Supplementary Requirements) and 22.05
WCC (Project Permit Procedures), the Whatcom County SEPA Ordinance, the Whatcom County
Subdivision Ordinance and the Whatcom County Shoreline Management Program .
. 091 Substance abuse-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2022-012 § 1
(Exh. A), 2022; Ord. 2018-006 § 3 (Exh. C), 2018; Ord. 2016-035 § 1 (Exh. A), 2016; Ord. 2016-011 § 1
(Exh. Q), 2016; Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-021 § 1, 2004; Ord. 2004-
014 § 2, 2004; Ord. 2001-023 § 1, 2001; Ord. 99-068, 1999; Ord. 99-062, 1999; Ord. 98-083 Exh. A§ 66,
1998; Ord. 97-046 § 2, 1997).
(
.191 Substance abuse-use disorder facilities that provide residential treatment and are larger than other
residential structures permitted in the zoning district.
0 SHARE
All uses not listed as permitted, accessory, administrative approval, or conditional uses are prohibited,
including but not limited to the following, which are listed here for purposes of clarity:
.201 ReseNed .
. 202 Adult businesses .
. 203 Mental health facilities that provide crisis care .
. 204 Substance abuse-use disorder facilities that provide crisis care .
. 205 Outpatient mental health facilities .
. 206 Outpatient substance abuse-use disorder treatment facilities, including opiate substitution treatment
clinics.
Chapter 20.32
RESIDENTIAL RURAL (RR) DISTRICT
C SHARE
Unless otherwise provided herein, permitted and conditional uses shall be administered pursuant to the
applicable provisions of Chapters 20.80 WCC (Supplementary Requirements) and 22.05 WCC (Project
Permit Procedures) .
. 091 Substance al3-use-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2016-011 § 1
(Exh. Q), 2016; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2005-079 § 1,
2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 2000-040 § 1, 2000; Ord. 99-068, 1999;
Ord. 99-062, 1999; Ord. 98-083 Exh. A§ 26, 1998; Ord. 97-062; Ord. 96-056 Att. A§ 01, 1996; Ord. 93-
056, 1993; Ord. 88-40, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987).
D SHARE
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028:
135 Cottage industries employing no more than two people on site, other than family members residing
on the premises; provided, that in addition to the criteria found in WCC 22.05.026 and 20.80.980:
(1) The zoning administrator, at his or hertheir discretion, may place limitations on the square footage in
an existing or new structure used for a cottage industry and construction of new buildings to house said
activity shall not, in any case, exceed 1,250 square feet of total floor area. The total land area used for
buildings and outside storage or other uses related to the cottage industry shall not exceed 10,000 square
feet or 25 percent of the site, whichever is less.
C SHARE
Items indicated by an "*" are not allowed outside rural communities unless the applicant can demonstrate
that there is a need to locate outside those areas in order to comply with legal requirements or standards;
or that the proposed location is the most efficient place for the proposed use with respect to providing
needed services to the public .
. 191 Substance al3-use-use disorder facilities that provide residential treatment and are larger than other
residential structures permitted in the zoning district.*
Chapter 20.34
RURAL RESIDENTIAL-ISLAND (RR-I) DISTRICT
C SHARE
Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered
pursuant to the applicable provisions of Chapters 20.80 WCC (Supplementary Requirements) and 22.05
WCC (Project Permit Procedures), the Whatcom County SEPA Ordinance, the Whatcom County
Subdivision Ordinance and the Whatcom County Shoreline Management Program .
. 091 Substance a-oose-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2005-079 § 1,
2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-068, 1999; Ord. 99-062, 1999; Ord. 87-
12, 1987; Ord. 87-11, 1987).
D SHARE
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028:
.134 Cottage industries employing no more than two people on site, other than family members residing
on the premises; provided, that in addition to the criteria found in WCC 22.05.026 and 20.80.980:
(1) The zoning administrator, at his or hertheir discretion, may place limitations on the square footage in
an existing or new structure used for a cottage industry and construction of new buildings to house said
activity shall not, in any case, exceed 1,250 square feet of total floor area. The total land area used for
buildings and outside storage or other uses related to the cottage industry shall not exceed 10,000 square
feet or 25 percent of the site, whichever is less.
C SHARE
.191 Substance a-oose-use disorder facilities that provide residential treatment and are larger than other
residential structures permitted in the zoning district.
C SHARE
All uses not listed as permitted, accessory, administrative approval, or conditional uses are prohibited,
including but not limited to the following, which are listed here for purposes of clarity:
.201 Reserved .
. 202 Adult businesses .
. 203 Mental health facilities that provide crisis care .
. 204 Substance a-oose-use disorder facilities that provide crisis care.
.205 Outpatient mental health facilities .
. 206 Outpatient substance awse-use disorder treatment facilities, including opiate substitution treatment
clinics.
Chapter 20.35
ELIZA ISLAND (EI) DISTRICT
C SHARE
Unless otherwise provided herein, the following permitted, accessory, and conditional uses shall be
administered pursuant to the applicable provisions of Chapter 20.80 WCC (Supplementary
Requirements) and Chapter 22.05 WCC (Project Permit Procedures) .
. 091 Substance al:wse-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2011-013 § 2
Exh. B, 2011; Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-068,
1999; Ord. 99-062, 1999; Ord. 94-032, 1994).
C SHARE
.131 Mini-day care homes .
. 132 Cottage industries employing no more than two people on site, other than family members residing
on the premises; provided, that in addition to the criteria found in WCC 22.05.026 and 20.80.980:
(1) The zoning administrator, at his or hertheir discretion, may place limitations on the square footage in
an existing or new structure used for a cottage industry and construction of new buildings to house said
activity shall not, in any case, exceed 1,250 square feet of total floor area. The total land area used for
buildings and outside storage or other uses related to the cottage industry shall not exceed 10,000 square
feet or 25 percent of the site, whichever is less.
0 SHARE
Chapter 20.36
RURAL (R) DISTRICT
Subject to the provisions of Chapter 20.38 WCC, Agriculture Protection Overlay Zone, unless otherwise
provided herein, permitted, accessory and conditional uses shall be administered pursuant to the
applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 22.05 wee
(Project Permit Procedures) .
. 091 Substance abuse-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district.
C SHARE
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028:
.135 Cottage industries employing no more than two on-site people other than family members residing
on the premises; provided, that in addition to the criteria found in WCC 22.05.026 and 20.80.980:
(1) The zoning administrator, at his or hertheir discretion, may place limitations on the square footage in
an existing or new structure used for a cottage industry and construction of new buildings to house said
activity shall not, in any case, exceed 2,500 square feet of total floor area. The total land area used for
buildings and outside storage or other uses related to the cottage industry shall not exceed 10,000 square
feet or 25 percent of the site, whichever is less.
0 SHARE
Items indicated by an "*" are not allowed outside rural communities and urban growth areas unless the
applicant can demonstrate that there is a need to locate outside those areas in order to comply with legal
requirements or standards; or that the proposed location is the most efficient place for the proposed use
with respect to providing needed services to the public .
. 161 Cottage industries employing no more than four people on site, other than family members residing
on the premises, conducted in a structure(s) other than the dwelling unit; provided, that in addition to the
criteria found in wee 22.05.026 and 20.80.980:
(1) The hearing examiner, at fli.s-their discretion, may place limitations on the square footage used in an
existing or new structure used for a cottage industry and construction of new buildings to house said
activity shall not, in any case, exceed 2,500 square feet of total floor area. The total land area used for
buildings and outside storage or uses related to the cottage industry shall not exceed one acre or 25
percent of the site, whichever is less.
.191 Substance aoose-use disorder facilities that provide residential treatment and are larger than other
residential structures permitted in the zoning district.*
.192 Mental health facilities that provide crisis care.*
.193 Substance aoose-use disorder facilities that provide crisis care.*
.194 Outpatient mental health facilities.*
.195 Outpatient substance aoose-use disorder treatment facilities, including opiate substitution treatment
clinics.*
Chapter 20.37
POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT
0 SHARE
Unless otherwise provided herein, permitted, accessory and conditional uses shall be administered
pursuant to the applicable provisions of Chapters 20.80 WCC (Supplementary Requirements) and 22.05
WCC (Project Permit Procedures), the Whatcom County SEPA Ordinance, the Whatcom County
Subdivision Ordinance and the Whatcom County Shoreline Management Program .
. 091 Substance abtlse-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2022-012 § 1
(Exh. A), 2022; Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 2003-
048 Exh. A, 2003; Ord. 2002-018 § 1, 2002).
0 SHARE
Items indicated by an "*" are not allowed unless the applicant can demonstrate that the proposed use is
needed to comply with legal requirements or standards; or that the proposed location is the most efficient
place for the proposed use with respect to providing needed services to the public .
. 157 Cottage industries employing no more than two people outside the family; provided, that in addition
to the conditional use criteria found in WCC 22.05.026:
(1) The hearing examiner, at his or hertheir discretion, may place limitations on the square footage
used in an existing or new structure used for a cottage industry and construction of new buildings
to house said activity shall not, in any case, exceed 1,250 sq.
191 Substance abtlse-use disorder facilities that provide residential tmatment and are larger than other
residential structures permitted in the zoning district.
.192 Mental health facilities that provide crisis care .
. 193 Substance abtlse-use disorder facilities that provide crisis care .
. 194 Outpatient mental health facilities .
. 195 Outpatient substance abtlse-use disorder treatment facilities, including opiate substitution treatment
clinics/
Chapter 20.40
AGRlCUL TURE (AG) DISTRICT
··, 0 SHARE
Unless otherwise provided herein, permitted, accessory, and conditional uses shall be administered
pursuant to the applicable provisions of Chapters 16.08 WCC (SEPA), 20.80 WCC (Supplementary
Requirements), and 22.05 WCC (Project Permit Procedures), and WCC Titles 21 (Land Division
Regulations), and 23 (Shoreline Management Program). The following are permitted uses:
.091 Substance a-oose-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2022-012 § 1
(Exh. A), 2022; Ord. 2022-011 § 1 (Exh. A), 2022; Ord. 2017-038 § 1 (Exh. A), 2017; Ord. 2015-006 Exh.
A, 2015; Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 2001-020 § 1
(Exh. 1 § 1), 2001; Ord. 99-068, 1999; Ord. 99-062, 1999; Ord. 97-069, 1997; Ord. 92-079, 1992; Ord.
88-29, 1988; Ord. 88-13, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987).
0 SHARE
The following uses are permitted subject to administrative approval pursuant to WCC 22.05.028:
.135 Cottage industries employing no more than two people on site, other than family members residing
on the premises; provided, that in addition to the criteria found in WCC 22.05.026 and 20.80.980:
(1) The zoning administrator, at his or hertheir discretion, may place limitations on the square footage in
an existing or new structure used for a cottage industry and construction of new buildings to house said
activity shall not, in any case, exceed 2,500 square feet of total floor area. The total land area used for
buildings and outside storage or other uses related to the cottage industry shall not exceed 10,000 square
feet or 25 percent of the site, whichever is less.
0 SHARE
.151 Public facilities for emergency-related health and safety purposes, such as fire halls and Washington
State Department of Transportation satellite road safety facilities .
. 191 Substance a-oose-use disorder facilities that provide residential treatment and are larger than other
residential structures permitted in the zoning district; provided, that the primary use of the parcel remains
agriculture and the patients are working the land on the operating farm.
0 SHARE
It is the intent of this section to allow divisions which benefit the long-term viability of agriculture. This
section describes the requirements for division or modification of parcels within the agricultural district that
either are consistent with the minimum lot size, or would result in substandard parcels or make existing
substandard parcels further substandard.
Requests for land division or boundary line adjustment in the Agriculture District shall be made on forms
provided by the department and will be reviewed administratively. All divisions must comply with the
following provisions
.254 Separation of the Farmstead Parcel Criteria.
,,
(1) The criteria for approval for the farmstead parcel and remainder parcel created through agricultural
boundary line adjustment or agricultural short subdivision shall be the following:
(a) The area of the parcel containing the farmstead home site, whether the home exists or is to be
added, is limited to the minimum amount required to encapsulate structures, parking areas,
driveways, septic systems, wells, and landscaping required setbacks; and
(b) The farmstead parcel size shall be as stated in WCC 20.40.251, unless the existing residential
structure(s) and/or well and septic constraints require a larger parcel, but shall not exceed the
maximum lot size consistent with the exceptions in WCC 20.40.253; and
(c) The farmstead parcel and farmstead home site meet the siting criteria contained in
wee 20.40.650; and
(d) For agricultural short plats:
(i) A remainder parcel shall be created equal to or greater than 10 nominal acres; and
(ii) The remainder parcel shall have no existing residential development and no development
rights, and a condition containing the language as provided in WCC 20.40.250(4) shall be
included on the short plat for the remainder parcel prior to final approval; and
(iii) The applicant and his or hertheir heirs provide right of first purchase for a period of not
less than 60 days through deed restriction to the original purchaser and subsequent
purchasers of the remainder parcel for purchase of the farmstead parcel before they are
offered on the open market; and
Chapter 20.42
RURAL FORESTRY (RF) DISTRICT
C SHARE
Unless otherwise provided herein, permitted, accessory, and conditional uses shall be administered
pursuant to the applicable provisions of Chapters 16.08 WCC (SEPA), 20.80 WCC (Supplementary
Requirements), and 22.05 WCC (Project Permit Procedures), and WCC Titles~ (Land Division
Regulations) and 23 (Shoreline Management Program) .
. 091 Substance abtise-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2022-011 § 1
(Exh. A), 2022; Ord. 2017-038 § 1 (Exh. A), 2017; Ord. 2015-016 Exh. A, 2015; Ord. 2015-006 Exh. A,
2015; Ord. 2009-032 Exh. A, 2009; Ord. 2008-045 Exh. A, 2008; Ord. 2008-018 Exh. A, 2008; Ord. 2005-
079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 2001-012 § 1, 2001; Ord. 2000-
040 § 1, 2000; Ord. 2000-006 § 9, 2000; Ord. 99-062, 1999; Ord. 98-078 Exh. A, 1998; Ord. 97-069,
1997; Ord. 92-094, 1992;.Ord. 92-079, 1992; Ord. 88-29, 1988; Ord. 87-23, 1987; Ord. 86-42, 1986).
SHARE
The following uses are permitted subject to administrative approval pursuant to wee 22.05.028:
.135 Cottage industries employing no more than two people on site, other than family members residing
on the premises; provided, that in addition to the criteria found in WCC 22.05.026 and 20.80.980:
(1) The zoning administrator, at his or hertheir discretion, may place limitations on the square footage in
an existing or new structure used for a cottage industry and construction of new buildings to house said
activity shall not, in any case, exceed 2,500 square feet of total floor area. The total land area used for
buildings and outside storage or other uses related to the cottage industry shall not exceed 10,000 square
feet or 25 percent of the site, whichever is less .
. 136 Forestry related/wood based cottage industries which employ no more than 10 onsite people other
than family members residing on the premises, including primary or low intensity secondary processing of
timber not permitted in WCC 20.42.053, including fabrication of furniture and fixtures, partitions, shelves
and lockers, manufacture, processing, treatment and fabrication of lumber, millwork, miscellaneous wood
products, and other wooden building and roofing materials, excluding pulp, paper or plywood mills,
conducted in structure(s) other than the dwelling unit; provided, that:
(1) The administrator, at l=H&-their discretion, in consideration of the surrounding development patterns,
property uses and size of the lot on which the proposed cottage industry is locating, may place limitations
on the square footage used in an existing or new structure used for a cottage industry. The construction
of new buildings to house said activity shall not, in any case, exceed 4,000 square feet of total floor area.
Chapter 20.59
RURAL GENERAL COMMERCIAL (RGC) DISTRICT
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Unless otherwise provided herein, permitted and conditional uses shall be administered pursuant to the
applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 22.05 WCC
(Project Permit Procedures). In a rural community designation, nonresidential uses listed below are
permitted if a use of the same type existed in that same rural community designation on July 1, 1990, per
WCC 20.80.100(1 ). In a rural business designation all uses are permitted. Residential type uses listed
below are permitted in rural community and rural business designations .
. 056 Public and community type uses.
(8) Substance abuBe-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district.
SHARE
In a rural community designation, uses listed below may be conditionally permitted if a use of the same
type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1 ). In a rural
business designation all uses listed below may be conditionally permitted .
. 206 Public and community type uses.
(1) Churches and cemeteries.
(2) Trail heads with parking areas for more than 30 vehicles.
(3) State education facilities.
(4) Type I solid waste handling facilities.
(5) Type II solid waste handling facilities.
(6) State and local correction facilities.
(7) Mental health facilities that provide residential treatment and are larger than other residential
structures permitted in the zoning district.
(8) Substance abuBe-use disorder facilities that provide residential treatment and are larger than other
residential structures permitted in the zoning district.
(9) Mental health facilities that provide crisis care.
(10) Substance awse-use disorder facilities that provide crisis care.
(11) Outpatient mental health facilities.
(12) Outpatient substance awse-use disorder treatment facilities, including opiate substitution treatment
clinics.
Chapter 20.60
NEIGHBORHOOD COMMERCIAL CENTER (NC) DISTRICT
tJ SHARE
The following permitted uses shall be allowed subject to an evaluation by the zoning administrator
pursuant to the provisions of this chapter and Chapter 20.80 WCC. In a rural community designation,
nonresidential uses listed below are permitted if a use of the same type existed in that same rural
community designation on July 1, 1990, per WCC 20.80.100(1 ). In a rural business designation all uses
are permitted. Residential type uses listed below are permitted in rural community and rural business
designations. In addition, each permitted use shall be administered pursuant to the applicable provisions
of the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
County Shoreline Management Program .
. 053 Public and community type uses.
(7) Substance abttse-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2022-012 § 1
(Exh. A), 2022; Ord. 2015-006 Exh. A, 2015; Ord. 2012-032 § 2 Exh. B, 2012; Ord. 2009-034 § 1 (Att. A),
2009; Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-068, 1999;
Ord. 99-062, 1999; Ord. 88-13, 1988; Ord. 87-12, 1987; Ord. 87-11, 1987).
Chapter 20.61
SMALL TOWN COMMERCIAL (STC) DISTRICT
C SHARE
In a rural community designation, nonresidential uses listed below are permitted if a use of the same type
existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1 ). In a rural
business designation all uses are permitted. Residential type uses listed below are permitted in rural
community and rural business designations .
. 056 Public and community type uses.
(9) Substance abttse-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2023-018 § 1
(Exh. A), 2023; Ord. 2022-012 § 1 (Exh. A), 2022; Ord. 2015-006 Exh. A, 2015; Ord. 2012-032 § 2 Exh.
B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2009-033 § 1 (Att. A), 2009; Ord. 2005-079 § 1, 2005;
Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-012 § 1(2), 1999).
C SHARE
In a rural community designation, uses listed below may be conditionally permitted if a use of the same
type existed in that same rural community designation on July 1, 1990, per WCC 20.80.100(1 ). In a rural
business designation all uses listed below may be conditionally permitted .
. 206 Public and community type uses.
(1) Churches, educational and religious training institutions, summer camps and cemeteries.
(2) State and local correction facilities.
(3) Type I solid waste handling facilities.
(4) Mental health facilities that provide residential treatment and are larger than other residential
structures permitted in the zoning district.
(5) Substance abttse-use disorder facilities that provide residential treatment and are larger than other
residential structures permitted in the zoning district.
(6) Mental health facilities that provide crisis care.
(7) Substance abttse-use disorder facilities that provide crisis care.
(8) Outpatient mental health facilities.
(9) Outpatient substance aw-se-use disorder treatment facilities, including opiate substitution treatment
clinics.
Chapter 20.62
GENERAL COMMERCIAL (GC) DISTRICT
/().62 .0 1)0 uses O SHARE
Unless otherwise provided herein, permitted and conditional uses shall be administered pursuant to the
applicable provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 22.05 WCC
(Project Permit Procedures), the Whatcom County SEPA Ordinance, the Whatcom County Subdivision
Ordinance and the Whatcom County Shoreline Management Program .
. 091 Substance aoose-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district.
0 SHARE
.190 Mental health facilities that provide residential treatment and are larger than other residential
structures permitted in the zoning district.
.191 Substance aoose-use disorder facilities that provide residential treatment and are larger than other
residential structures permitted in the zoning district.
.192 Mental health facilities that provide crisis care .
. 193 Substance aoose-use disorder facilities that provide crisis care .
. 194 Outpatient mental health facilities .
. 195 Outpatient substance aoose-use disorder treatment facilities, including opiate substitution treatment
clin
Chapter 20.63
TOURIST COMMERCIAL (TC) DISTRICT
Uh() !)C'l!11i1 lJSl'S. [:I SHARE
The following permitted and accessory uses shall be allowed subject to an evaluation by the zoning
administrator pursuant to the provisions of this chapter and Chapter 20.80 WCC. In a rural community
designation, nonresidential uses listed below are permitted if a use of the same type existed in that same
rural community designation on July 1, 1990, per WCC 20.80.100(1 ). Residential type uses listed below
are permitted in rural community and rural business designations. In a rural tourism designation, uses
below are permitted provided they are consistent with the Comprehensive Plan's policies governing uses
in rural tourism areas. In a rural business designation all uses are permitted.
(8) Substance am:ise--use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2012-032 § 2
Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2009-034 § 1 (Att. A), 2009; Ord. 2005-079 § 1,
2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 99-068, 1999; Ord. 99-062, 1999; Ord. 88-
28, 1988; Ord. 87-51, 1987; Ord. 87-12, 1987; Ord. 87-11, 1987).
Chapter 20.64
RESORT COMMERCIAL (RC) DISTRICT
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The following permitted uses shall be allowed subject to an evaluation by the zoning administrator
pursuant to the provisions of this chapter and Chapter 20.80 WCC. In a rural community designation,
nonresidential uses listed below are permitted if a use of the same type existed in that same rural
community designation on July 1, 1990, per WCC 20.80.100(1 ). In a rural business designation all uses
are permitted. Residential type uses listed below are permitted in rural community and rural business
designations .
. 055 Public and community type uses
(7) Substance aetIBe-use disorder facilities that provide residential treatment and are similar in size,
facilities and occupancy to other residential structures permitted in the zoning district. (Ord. 2012-032 § 2
Exh. B, 2012; Ord. 2011-013 § 2 Exh. B, 2011; Ord. 2011-009 Exh. A, 2011; Ord. 2009-034 § 1 (Att. A),
2009; Ord. 2005-079 § 1, 2005; Ord. 2004-026 § 1, 2004; Ord. 2004-014 § 2, 2004; Ord. 2001-024 § 1,
2001; Ord. 2000-040 § 1, 2000; Ord. 99-068, 1999; Ord. 99-062, 1999; Ord. 97-035 Att.
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Unless otherwise provided herein, conditional uses shall be administered pursuant to the applicable
provisions of Chapter 20.80 WCC (Supplementary Requirements) and Chapter 22.05 WCC (Project
Permit Procedures), the Whatcom County SEPA Ordinance, the Official Whatcom County Subdivision
Ordinance and the Whatcom County Shoreline Management Program. In a rural community designation,
uses listed below may be conditionally permitted if a use of the same type existed in that same rural
community designation on July 1, 1990, per WCC 20.80.100(1 ). In a rural business designation all uses
listed below may be conditionally permitted .
. 155 Public and community type uses.
(9) Substance aetIBe-use disorder facilities that provide residential treatment and are larger than other
residential structures permitted in the zoning district.
0 SHARE
All uses not listed as permitted, accessory, administrative approval, or conditional uses are prohibited,
including but not limited to the following, which are listed here for purposes of clarity:
.204 Substance aetIBe-use disorder facilities that provide crisis care.
.205 Outpatient mental health facilities .
. 206 Outpatient substance aoose-use disorder treatment facilities, including opiate substitution treatment
clinics.
Chapter 20.66
LIGHT IMPACT INDUSTRIAL (LII) DISTRICT
CJ SHARE
.193 Substance a0t1Se-use disorder facilities that provide crisis care .
. 194 Outpatient mental health facilities .
. 195 Outpatient substance a0t1Se-use disorder treatment facilities, including opiate substitution treatment
clinics.
Chapter 20.78
TRANSPORTATION CONCURRENCY MANAGEMENT
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The public works director, or msl-Reftheir designee, shall be responsible for implementing and enforcing
this chapter. (Ord. 2009-047 § 1 (Exh. A), 2009).
C SHARE
The following development permits, though subject to wee 20. 78.060, shall be exempt from the
requirement of a new concurrency evaluation:
(7) At his or hertheir discretion, the director may require of an applicant for a development permit that
does not qualify as exempt pursuant to subsection (5) of this section a trip generation and distribution
study performed by a traffic engineer to confirm that the proposed development or use does not result in
an impacted transportation facility
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(12) "Director" means the public works director, or his/hertheir designee.
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Chapter 20.81
PIPELINE SAFETY
"Essential public facilities" are those facilities typically difficult to site, such as airports, state education
facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local
correctional facilities, solid waste handling facilities, and inpatient facilities including substance abHse-use
disorder facilities, mental health facilities, group homes, and secure community transition facilities as
defined in RCW 71.09.020 (RCW 36.70A.200, Siting of essential public facilities). The county has also
designated telecommu_nication towers, water treatment plants, sewer treatment plants, and water storage
facilities as essential public facilities; however, telecommunication towers are exempt from the provisions
of this chapter.
Chapter 20.83
NONCONFORMING USES AND PARCELS
(~ SHARE
Except as otherwise provided in this chapter, the lawful use of any building, land or premises, existing on
the effective date of adoption or amendment of this chapter, may be continued although such use does
not conform to the provisions hereof. If such nonconforming use is discontinued for a period of 12 months
or more, any future use of said building, land or premises shall be consistent with the provisions of this
chapter.
A structure occupied by a nonconforming residential use may be converted to any of the following uses:
(1) An adult family home that is similar in size, facilities and occupancy to the nonconforming residential
use.
(2) A boarding home that is similar in size, facilities and occupancy to the nonconforming residential use.
(3) A mental health facility that:
(a) Provides residential treatment; and
(b) Is similar in size, facilities and occupancy to the nonconforming residential use.
( 4) A substance a-btlse-use disorder facility that:
(a) Provides residential treatment; and
(b) Is similar in size, facilities and occupancy to the nonconforming residential use. (Ord. 2004-014
§2, 2004).
IC SHARE
When a nonconforming use of a property is challenged through a complaint from the public or by initiative
of the zoning administrator, the burden of proof of applicability of wee 20.83.010 shall rest with the
property owner. The owner shall make public record of Ri&their right of nonconforming land use status by
filing an affidavit of nonconforming use with the zoning administrator that contains the legal description of
the affected property, the purpose for which the property is used and any other facts necessary as
evidence to verify the legitimacy of the nonconformity. The affidavit shall be accompanied by a filing fee
as listed on the current fee schedule. The zoning administrator or designee shall make a site examination
to verify the nonconforming use and endorsed upon the affidavit if found to be as represented by the
applicant.
Chapter 20.88
MAJOR PROJECT PERMITS
0 SHARE
.215 Procedures. Major project permit review shall be conducted under current review procedures. Other
land use reviews may be conducted concurrently with the major project permit review.
(a) Any modifications, additions or changes to an approved master plan are subject to the following:
(i) Minor changes shall be.reviewed for compliance and compatibility with the approved major
project permit.
(A) A determination is made by the director. The director is authorized to consult a
technical committee at fli.sth.eftheir discretion.
Sections:
Chapter 20.97
DEFINITIONS
20.97.433 Substance abuse use disorder facilities.
0 SHARE
"Crisis care facilities" are facilities for the evaluation and emergency treatment of individuals exhibiting
signs of some type of behavioral disorder. This may include mental illness, developmental disabilities,
substance aeuseuse disorder, emotional disorders, and/or physical illness, either alone or in combination.
Facilities are designed to assess the underlying cause of the behavior, assess the severity and/or risk to
the individual and the community and provide residential treatment to stabilize the crisis when appropriate
and no higher level of care is required. (Ord. 2004-014 § 2, 2004) .
.. 0 SHARE
"Director" means the director of planning and development services or flisA::leftheir designee. (Ord. 2019-
013 § 1 (Exh. A), 2019).
0 SHARE
"Standing" is the status required for a person, agency, or other entity to bring an action before the hearing
examiner. A person has standing per RCW 36.?0C.060 if they are:
(1) The applicant and the owner of property to which the land use decision is directed; or
(2) Another person, county department, and/or public agency aggrieved or adversely affected by the land
use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land
use decision. A person is aggrieved or adversely affected within the meaning of this section only when all
of the following conditions are present:
(a) The land use decision has prejudiced or is likely to prejudice that person;
(b) That person's asserted interests are among those that the local jurisdiction was required to
consider when it made the land use decision;
(c) A judgment in favor of that person would substantially eliminate or redress the prejudice to that
person caused or likely to be caused by the land use decision; and
(d) The petitioner has exhausted his or hertheir administrative remedies to the extent required by
law. (Ord. 2019-013 § 1 (Exh. A), 2019).
D SHARE
"Substance abl-IBe-use disorder facilities" mean buildings and accessory uses primarily utilized to provide
' services to persons addicted experiencing substance use disorders to alcohol and/or other
eftl§Ssubstances, persons incapacitated by alcohol and/or eftl§SOther substances, and intoxicated
persons. These services include detoxification, outpatient care, residential, and inpatient services. (Ord.
2004-014 § 2, 2004).
"D SHARE
"Temporary homeless facility" means a facility providing temporary housing accommodations that
includes a sponsor and managing agency, the primary purpose of which is to provide temporary shelter
for people experiencing homelessness in general or for specific populations._of the homeless. Temporary
homeless facilities are temporary building encampments, temporary safe parking areas, temporary tent
encampments and temporary tiny house encampments. (Ord. 2021-055 § 1 (Exh. A), 2021 ).
D SHARE
''Temporary tent encampment" means a short-term living facility for a group of homeless peoplepeople
experiencing houselessness that is composed of tents or other temporary structures, as approved by the
director, on a site provided or arranged for by a sponsor with services provided by a sponsor and
supervised by a managing agency. (Ord. 2021-055 § 1 (Exh. A), 2021 ).
D SHARE
"Zoning administrator" means the director of planning and development services or Rt&their designee.
Exhibit N: Title 21 -Land Division Regulations
Chapter 21.06
FINAL LONG SUBDIVISIONS*
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(1) An applicant requesting final approval of a subdivision shall submit to the subdivision administrator
copies of the materials specified in the department's administrative manual.
(2) The applicant shall submit a current title report issued no more than 60 days prior to the director
signing the final plat original drawing. The owner of record and the surveyor of record shall sign the final
plat original drawing prior to filing it for record with the county auditor. In addition, the applicant shall
submit one paper copy to the county assessor.
(3) Each final plat submitted to the director for approval shall be accompanied by a recommendation for
approval or disapproval from the subdivision administrator as to compliance with the terms of preliminary
plat approval. Prior to making his or hertheir recommendation, the subdivision administrator should
consult with the appropriate city, if the proposed land division is located within that city's urban growth
area.
0 C SHARE
(1) The word "shall" is mandatory.
Chapter 21.10
DEFINITIONS
(2) The word "should" indicates that which is recommended but not required.
(3) The word "may" is permissive.
(4) The word "administrative official or director" means the director of planning and development services
or his or hertheir designee.
Exhibit 0: Title 22 -Land Use and Development
Chapter 22.05
PROJECT PERMIT PROCEDURES
{] SHARE
(2) Project Permit Processing Table Notes. As indicated in the table in subsection (1) of this section,
project permits are subject to the following additional requirements:
(h) Whatcom County shall consider an appeal of a decision on a shoreline substantial
development permit, shoreline variance, or shoreline conditional use only when the applicant waives
ool=leftheir right to a single appeal to the Shorelines Hearings Board. When an applicant has waived
his/her their right to a single appeal, such appeals shall be processed in accordance with the appeal
procedures of wee 23.60.150(H).
Exhibit P: Title 23 -Shoreline Management Program
Chapter 23.60
SHORELINE PERMITS AND EXEMPTIONS
Q SHARE
D. The applicant/proponent or any party of record may request reconsideration of any final action by the
decision maker within 10 days of notice of the decision. Such requests shall be filed on forms supplied by
the county. Grounds for reconsideration must be based upon the content of the written decision. The
decision maker is not required to provide a written response or modify Rislheftheir original decision.
He/she may initiate such action as helsAethey deems appropriate. The procedure of reconsideration shall
not preempt or extend the appeal period for a permit or affect the date of filing with the Department of
Ecology, unless the applicant/proponent requests the abeyance of said permit appeal period in writing
within 10 days of a final action.
F. Whatcom County shall consider an appeal of a decision on a shoreline substantial development permit,
shoreline variance or shoreline conditional use only when the applicant/proponent waives his/her their
right to a single appeal to the Shorelines Hearings Board. Such waivers shall be filed with the county in
writing concurrent with a notice of appeal within 10 days of a final action. When an applicant/proponent
has waived Rislheftheir right to a single appeal, such appeals shall be processed in accordance with the
appeal procedures of subsection H of this section and shall be an open record hearing before the hearing
examiner.
SHARE
A. Any shoreline permit granted pursuant to this program may be rescinded or modified upon a finding by
the hearing examiner that the permittee or Rislheftheir successors in interest have not complied with
conditions attached thereto. If the results of a monitoring plan show a development to be out of
compliance with specific performance standards, such results may be the basis for findings of
noncompliance.
B. The administrator shall initiate rescission or modification proceedings by issuing written notice of
noncompliance to the permittee or his/her their successors and notifying parties of record at the original
address provided in application review files.
C SHARE
Chapter 23. 70
ADMINISTRATION
The Whatcom County SEPA responsible official is designated by WCC 16.08.040. The responsible
official or fli&Aeftheir designee is hereby authorized to conduct environmental review of all use and
development activities subject to this program, pursuant to Chapter 197-11 WAC and
Chapter 43.21C RCW. (Ord. 2009-13 § 1 (Exh. 1); Ord. 2008-034 § 1 (Exh. 1)).
A C SHARE
Chapter 23.110
DEFINITIONS
7. "Administrator" or "shoreline administrator" means the director of the department of planning and
development services who is to carry out the administrative duties enumerated in this program, or
Ri-stAertheir designated representative.
Exhibit Q: Title 24 -Health Code
Chapter 24.05
ON-SITE SEW AGE SYSTEM REGULATIONS.!
C SHARE
C. The owner of the property or fli&their agent shall:
1. Prepare the soil log excavation to:
a. Allow examination of the soil profile in its original position by:
i. Excavating pits of sufficient dimensions to enable observation of soil characteristics by
visual and tactile means to a depth three feet deeper than the anticipated bottom of the
disposal component; or
ii. Stopping at a shallower depth if a water table or restrictive layer is encountered; and
b. Allow determination of the soil's texture, structure, color, bulk density or compaction, water
absorption capabilities or permeability, and elevation of the highest seasonal water table; and
C SHARE
A. The applicant for an installer's license shall provide the following:
1. Application for an installer's license shall be made on forms provided by the health officer.
Application fees shall be paid at the time of application.
2. The health officer shall determine by written and/or oral examination the applicant's knowledge of
public health problems involved in the treatment and dispersal of sewage and necessary standards
of design, construction and installation. If the applicant does not receive a passing mark of 70
percent in any such examination, the applicant shall be denied a license.
3. The installer's license shall expire on December 31st. Fees are not prorated. The applicant shall
apply for renewal on forms provided by the health officer.
4. Three continuing education units shall be required every three years for license renewal. The
applicant shall provide proof to the health officer that continuing education courses were attended
either by the license holder or a designated qualified professional employee.
5. Before the issuance of an installer's license, the applicant shall file with the health officer
satisfactory evidence demonstrating that said installer is a registered contractor as provided by
Chapter 18.27 RCW and has the required surety bond. In the event the installer's contractor
registration shall lapse for any reason or the contractor's bond shall become impaired, then
licensing by the health officer of said installer shall be suspended until the installer's registration as
a contractor is reinstated and the contractor's bond is unimpaired.
6. The health officer may suspend or revoke any installer's license if there has been a finding of
incompetency, negligence, wilful misrepresentation, or failure to comply with this chapter or other
applicable laws, rules and regulations. The installation of a sewage disposal system for which a
permit has not been obtained shall be cause for the suspension or revocation of an installer's
license.
7. An installer whose license has been revoked shall be ineligible to reapply for recertification until
60 days have passed from the date of revocation of the certificate.
B. The applicant for a pumper's license shall provide the following:
1. Application for a pumper's license shall be made on forms provided by the health officer.
Application fees shall be paid at the time of application.
2. The health officer shall determine by written and/or oral examination the applicant's knowledge of
public health problems arising from the handling of sewage and the safe disposal of the cleanings
of sewage disposal systems. If the applicant does not receive a passing mark of 70 percent, the
applicant shall be denied a license.
3. Before the issuance of a pumper's license, the applicant shall file with the WCHD a surety bond
issued by a surety insurer in a form acceptable to the health officer running to WCHD. Said bond
shall be conditioned that the applicant will pay all amounts that may be adjudged against applicant
by reason of negligent or improper work or breach of contract. The bond shall be conditioned that
the holder of the license and his or hertheir agents in performing work shall exercise reasonable
care and skill and comply with this chapter. The surety upon the bond shall not be liable in an
aggregate amount in excess of the amount named in the bond. The bond shall be kept in effect
during the period of time for which the license is issued. In the event the bond is cancelled or any
final judgment shall impair the liability of the surety upon the bond so furnished so that there shall
not be in effect a bond undertaking in the full amount of $2,000, the health officer shall suspend the
license of such pumper until the full bond liability has been restored.
Chapter 24.07
ADMINISTRATIVE NOTICE PROCEEDINGS, CIVIL PENALTIES
AND ABATEMENT
f''':'J~" 1t ics
3. Verification. The director or hi-&-th~i,~,~~thorized representative shall sign and verify the claim by oath to
the effect that the affiant believes the claim is just.
Chapter 24.11
DRINKING WATER
The following definitions together with the definitions in Chapters 173-160, 246-290 and 246-291 WAC
shall apply:
1. "Adequate" means meets the applicable standards contained in these regulations.
2. "Applicant" means an individual, trust, firm, joint stock company, corporation, partnership, association,
state, county commission, political subdivision of a state, and interstate body or the federal government or
an agency of the federal government requesting director approval of evidence of adequate water.
3. "Approved" means a written statement of acceptability, in terms of the requirements in this chapter,
issued by the director or the department.
4. "Area of known groundwater contamination" means an area of regional groundwater contamination
with defined boundaries that has been identified by the director and confirmed by the board of health.
5. "Authorized agent" means any person who:
a. Makes decisions regarding the operation and management of a public water system whether or
not ho or shothey aroi-s-ongaged in physical operation of the system; or
Chapter 24.15
SECURE MEDICINE RETURN
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The following definitions apply throughout this chapter unless the context clearly indicates otherwise:
K. "Manufacture" means "manufacture" as defined in RCW 18.64.011 that is the production, preparation,
propagation, compounding or processing of a drug or other substance or device or the packaging or
repackaging of the substance or device, or the labeling or relabeling of the commercial container of such
substance or device, but does not include the activities of a practitioner who, as an incident to A+&ef
ootheir administration or dispensing such substance or device in the course of his or hertheir
professional practice, prepares, compounds, packages, or labels such substance or device
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The director is authorized to enforce this chapter in accordance with the provisions of
Chapter 24.07 WCC and consistent with the following subsections. When or if the enforcement provisions
in this chapter and Chapter 24.07 WCC conflict, the more stringent shall apply.
A. After presenting official credentials and providing notice of an audit or inspection to determine
compliance with this chapter or to investigate a complaint, the director or ~their duly authorized
inspector may audit a producer's, group of producers' or stewardship organization's records related to a
stewardship plan or request that the producer, group of producers or stewardship organization arrange for
the health departments to inspect at reasonable times a stewardship plan's or an authorized collector's
facilities, vehicles and equipment used in carrying out the stewardship plan.
Exhibit R: Title 100 -Flood Control Zone Districts
Chapter 100.01
BYLAWS OF THE WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BOARD OF SUPERVISORS
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The powers of the district are as stipulated in RCW 86.15.080. Administration of the district shall be
carried out by the county flood control engineer in accordance with RCW 86.15.060 and all resolutions of
the board, subject to the administrative control and direction of the county executive, pursuant to the
Home Rule Charter of Whatcom County. The county executive and hi-s-their designees may sign on
behalf of the district any and all contracts, and any agreements with state, local, federal or other
agencies, together with amendments to such agreements, certifications or other documents related to
such agreements, that are necessary or related to carrying out any project in an annual work program
approved by the board of supervisors.
Chapter l 00.02
FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE
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At its initial meeting each year, the advisory committee will elect a chairperson and vice-chairperson. The
chairpersonm--a-A shall preside over each meeting of the advisory committee. The vice-chairperson shall
have the power to perform all duties of the chairperson in his or hertheir absence. The advisory
committee may adopt bylaws to govern the conduct of their meetings, but any such bylaws shall be
consistent with this chapter. (Res. 2010-039 Exh. A; Res. 2009-027 Exh. A; Res. 2001-046; Res. 92-015
(part). Formerly 2.92.070).
Chapter 100.06
SUBZONE ADVISORY COMMITTEES
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At its initial meeting, the advisory committee will elect a chairperson, vice-chairperson and recording
secretary. The vice-chairperson shall have the power to perform all duties of the chairperson in fii&-Of
Aeftheir absence. The recording secretary shall have the duty to take roll, ensure the presence of a
quorum, and record the minutes of each meeting.
Chapter 100.07
BIRCH BAY WATERSHED AND AQUATIC RESOURCES
MANAGEMENT DISTRICT FUNDING MECHANISM
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For the purposes of this chapter, the words or phrases below shall have the following meanings:
D. "County" means Whatcom County, or, as indicated by the context, may mean the department of public
works, public works director, county engineer, or other employee or agent representing the county in the
discharge of his or hertheir duties.
K. "Manager" means the county engineer or his/her their designee.