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HomeMy WebLinkAboutord2023-058Whatcom County Agenda Bill Report File Number: AB2023-640 File ID: AB2023-640 Version: 1 File Created: 09/21/2023 Entered by: CHalka@co.whatcom.wa.us Department: Council Office File Type: Ordinance Assigned to: Council Climate Action and Natural Resources Committee Agenda Date: 10/10/2023 Related Files: 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: Revised Substitute Adopted as Amended Final Action: 10/10/2023 Enactment #: ORD 2023-058 Ordinance establishing a task force to develop a Whatcom County Forest Resilience Plan SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Ordinance establishing a task force to develop a Whatcom County Forest Resilience Plan HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 09/26/2023 Council SUBSTITUTE INTRODUCED Council Climate Action and Natural Resources Committee Aye: 4 Buchanan, Donovan, Frazey, and Galloway Nay: 3 Byrd, Elenbaas, and Kershner 10/10/2023 Council Climate Action and Natural RECOMMENDED FOR Resources Committee ADOPTION WITH PROPOSED AMENDMENT(S) Aye: 2 Donovan, and Galloway Nay: 1 Elenbaas 10/10/2023 Council REVISED SUBSTITUTE ADOPTED AS AMENDED Aye: 4 Buchanan, Donovan, Frazey, and Galloway Nay: 3 Byrd, Elenbaas, and Kershner Whatcom County Page 1 Printed on 10/1112023 Agenda Bill Report Continued (AB2023-640) Attachments: Draft Ordinance Discussed in Committee 9.12.2023, Substitute Ordinance for 9.26.2023, Substitute Ordinance for 10.10.2023, Revised Substitute Following Committee 10.10,2023, Agenda Revision Notice for 9.26.2023, Revised Council Agenda 10.10.2023, Staff Comments for A132023-640, Letter from American Forest Resource Council, Memo from Executive Whatcom County Page 2 Printed on 10/1112023 1 PROPOSED BY: Galloway 2 INTRODUCTION DATE: 9/26/2023 3 ORDINANCE NO. 2023 - 058 4 5 ESTABLISHING A TASK FORCE TO DEVELOP A WHATCOM COUNTY FOREST 6 RESILIENCE PLAN 8 WHEREAS, active forest management combined with the strategic 9 conservation of mature and old -growth forests can ensure both a thriving timber 10 economy and healthy forest ecosystems for fish and wildlife, carbon sequestration 11 and storage, recreation, watershed health, wildfire, pest, and disease resistance, 12 and climate resilience; and 13 14 WHEREAS, healthy, intact forests provide improved water quality, augment 15 summer low flows, stabilize steep slopes, and attenuate downstream flood impacts; 16 and 17 18 WHEREAS, forestry issues are multidisciplinary, requiring diverse expertise 19 in science, industry, climate, and natural resource management; and 20 21 WHEREAS, Whatcom County Council seeks experts from diverse 22 backgrounds, including educational and professional experience, to help advise the 23 County on issues relating to forest management and resilience; and 24 25 WHEREAS, three departments within Whatcom County government have 26 some jurisdiction around forestry issues and forest land management, including 27 Parks & Recreation, Planning & Development Services, and Public Works; and 28 29 WHEREAS, Whatcom County has several advisory committees and 30 commissions comprised of community members with expertise relevant to forestry 31 issues and managing forest lands in Whatcom County, including the Forestry 32 Advisory Committee, Climate Impact Advisory Committee, Wildlife Advisory 33 Committee, Planning Commission, and Parks & Recreation Commission; and 34 35 WHEREAS, Whatcom County has several local planning and regulatory 36 documents with a nexus to forestry, including but not limited to, the 37 Comprehensive Plan, Climate Action Plan, WRIA 1 Salmonid Recovery Plan 38 Shoreline Manaqement Plan, Critical Areas Ordinance, and Lake Whatcom 39 Management Program. Work Plan; and 40 41 WHEREAS, the 2021 Whatcom County Climate Action Plan, adopted on 42 November 9, 2021, includes a chapter on Forestry outlining three key strategies: 43 1. Protect and enhance carbon storage and sequestration in forest 44 ecosystems. 45 2. Increase forest health, survival and climate resilience through forest 46 management practices that reduce wildfire risk, increase soil moisture, 47 and stream flows, and preserve wildlife habitat. Page 1 1 3. Promote climate resilient planning and programs to maintain our forest 2 economy for recreation and wood products through leadership and 3 education. 4 5 WHEREAS, on August 9, 2022, Whatcom County Council passed Resolution 6 2022-036 establishing priorities for Whatcom County's 2025 Comprehensive Plan 7 update, which included several strategies and actions to support climate resilient 8 forests and a thriving timber economy; and 9 10 WHEREAS, over the last couple years, the Whatcom County Council has 11 actively engaged Commissioner Hilary Franz, the Washington State Board of 12 Natural Resources (BNR), and Washington State Department of Natural Resources 13 (DNR) staff on several timber sales, state legislation, and the pilot carbon project; 14 and 15 16 WHEREAS, on January 25, 2022, the Whatcom County Council sent a letter 17 to DNR requesting a pause on Bessie Unit 2 to allow for County staff to engage DNR 18 staff and representatives from the local forestry community to review the proposed 19 harvest and recommend possible actions to more fully address climate resilience 20 concerns; and 21 22 WHEREAS, on January 10, 2023, the Whatcom County Council sent a letter 23 to DNR providing feedback on Phase II of the Carbon Project; and 24 25 WHEREAS, on May 9, 2023, the Whatcom County Council sent a letter to 26 DNR including requests to explore co -management opportunities, take advantage of 27 new state programs and funding, and temporarily pause the Brokedown Palace 28 timber sale for further evaluation; and 29 30 WHEREAS, on June 7, 2023, Whatcom County received a letter from 31 Commissioner Hilary Franz outlining DNR's efforts to conserve ecologically valuable 32 forests, an overview of state forest policies, new funding sources, and invited the 33 County to engage with DNR to develop a strategy for how DNR manages county 34 forest trust lands in Whatcom County; and 35 36 WHEREAS, forest management on state public lands is guided by the 1974 37 Washington State Forest Practices Act and associated forest_)ractices rules, the 38 1997 State Trust Lands Habitat Conservation Plan (HCP), the Policy for Sustainable 39 Forests, and other policies —none of which address the causes or impacts of climate 40 change; and 41 42 WHEREAS, Whatcom County also has a number of county owned forest 43 lands that would benefit from more active management including Lake Whatcom 44 Park and Canyon Lake Community Forest; and 45 Page 2 1 WHEREAS, the Whatcom County Parks & Recreation Department is currently 2 working on a Request for Proposals to develop a forest management plan for Lake 3 Whatcom Park, which is land that was reconveyed from DNR in 2014; and 4 5 WHEREAS, the Whatcom County Public Works Department is actively 6 working with the Whatcom Land Trust, Nooksack Indian Tribe, and other key 7 partners on the Stewart Mountain Community Forest Initiative, which includes 8 additional forest land acquisition, a forest management plan, and potential 9 opportunity for more County owned forestland; and 10 11 WHEREAS, Whatcom County will benefit from increased coordination and 12 collaboration around all forestry related issues including the management of public 13 forestlands; and 14 15 WHEREAS, Whatcom County will benefit from the development of a task 16 force dedicated to reviewing relevant County policies, programs, organizational 17 structure, and staff capacity, in addition to fully engaging all levels of government 18 and relevant stakeholders in the development of a unified forest resilience plan for 19 our local forestry resources, including a framework for engagement moving 20 forward. 21 22 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that 23 Whatcom County establish a multi -departmental, multidisciplinary Forest Resilience 24 Task Force as outlined in Exhibit A. 2526 ty��►�be+bras 27 AC�O D tl�dS � `®day of October 2023, 28 -®� e����1AT b 29a COUNTY®R y WHATCOM COUNTY COUNCIL 30 ATTEST: Q m WHATCOM COUNTY, WASHINGTON 31 32 e 33 34 Dana Brown-Dav , er= of the Counc r#uchan'an-, Council Chair 35 36 37 WHATCOM COUNTY EXECUTIVE 38 APPROVED AS TO FORM: WHATCOM COUNTY, WASHINGTON 39 40 41 42 /s/Karen Frakes approved on 10/10/2023/MR 43 Civil Deputy Prosecutor Satpal Sidhu, County Executive 44 45 ( ) Approved ( ) Denied 46 47 Date Signed: ��;"• Page 3 1 2 EXHIBIT A 3 4 2.170 FOREST RESILIENCE TASK FORCE 5 6 Sections: 7 2.170.010 Established 8 2.170.015 Sunset 9 2.170.020 Purpose 10 2.170.030 Function 11 2.170.040 Permanent Members 12 2.170.050 Additional appointed members. 13 2.170.060 Term of office. 14 2.170.070 Organization — Meetings 15 2.170.080 Committee Staffing 16 2.170.090 Reporting 17 18 19 20 2.170.010 Established. 21 There is hereby established the Forest Resilience Task Force. 22 23 2.170.015 Sunset. 24 This Task Force will sunset on December 31, 2025 unless otherwise 25 extended by the Whatcom County Council. All members' terms will end 26 when the Task Force sunsets. 27 28 2.170.020 Purpose. 29 The Task Force is created to develop a comprehensive Whatcom 30 County Forest Resilience Plan, which will include a framework for 31 engagement with local, state, federal, and tribal governments and 32 relevant stakeholders on issues relating to forest management and 33 resilience. The Task Force will report to the Whatcom County Council 34 and Executive. 35 36 2.170.030 Function. 37 The Task Force will consider input from diverse experts, stakeholders, 38 and community members to develop a comprehensive Forest 39 Resilience Plan with science- and evidence -based strategies and 40 actions towards sustaining a thriving timber economy, restoring 41 healthy forest ecosystems for fish and wildlife, addressing stream high 42 and low flow issues, enhancing carbon sequestration and storage, 43 promoting robust recreation opportunities, improving watershed health 44 (including Lake Whatcom), improving wildfire, pest, and disease 45 resistance, and increasing the overall resilience of Whatcom County's 46 forests to climate impacts. The Plan will include a framework for Page 4 1 engagement and coordination with local, state, federal, and tribal 2 governments and relevant stakeholders on forestry issues. The Plan 3 will also include community values and desired outcomes to inform 4 forest management plans for publicly owned forest lands. The Task 5 Force will also review relevant County policies, programs, 6 organizational structure, and staff capacity, and include its findings 7 and recommendations in the Plan. 8 9 2.170.040 Permanent Members. 10 The Task Force will include eleven permanent members. The following 11 representatives will be appointed by their designated department, 12 agency, council, committee or commission: 13 14 A. One representative from Whatcom County, appointed by the 15 Executive; 16 17 B. One representative from Lummi Nation; 18 19 C. One representative from Nooksack Indian Tribe; 20 21 D. One representative from the Washington State Department of 22 Natural Resources; 23 24 E. One representative from the United States Forest Service; 25 26 F. Two representatives from the Forestry Advisory Committee; 27 28 G. One representative from the Climate Impact Advisory Committee; 29 30 H. One representative from the Wildlife Advisory Committee; 31 32 I. One representative from the Planning Commission; and 33 34 1. One representative from the Parks and Recreation Commission. 35 36 2.170.050 Appointed Members. 37 In addition to the permanent members designated above, the Task 38 Force will include eight community members, appointed by the 39 Whatcom County Council: 40 41 A. One community member with expertise in forest management 42 and/or wood products industry; 43 44 B. One community member with expertise in owning and/or managing 45 forest lands for conservation purposes; 46 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 C. One community member with expertise in climate, salmon recovery, and natural resources policy; D. One community member with expertise in watershed management (including Lake Whatcom) and/or land use planning; E. Two community members with expertise in relevant science disciplines; and F. Two representatives from trust land beneficiaries. 2.170.060 Term of office. Permanent and appointed members are eligible to serve the entire duration of the Task Force as established in 2.170.015. Should the task force duration be extended, members will serve no more than four years, in accordance with the Whatcom County Charter 3.23. 2.170.070 Organization — Meetings. Meetings of the Task Force will be open and accessible to the public and will be subject to the Open Public Meetings Act. The Task Force will determine its own meeting schedule. Written records of meetings, research, findings and recommendations will be kept and made available to the public. The Task Force will adopt its own rules and procedures for the conduct of business. 2.170.080 Committee Staffing and Funding Support. The Task Force will have full support from the Whatcom County Council, and will coordinate with the Executive's office and relevant department staff. The Council may provide, through the budget process, funding for locally delivered paid consultant assistance to conduct and complete its tasks in an efficient and effective manner. 2.170.090 Reporting The Task Force will submit to the Whatcom County Council and Executive the Whatcom County Forest Resilience Plan no later than September 30, 2025. The Task Force will provide at least two progress reports to the Council before a final presentation and submission of the Plan. Page 6