HomeMy WebLinkAboutord2025-043Whatcom County COUNTY COURTHOUSE
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Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2025-537
File ID: AB2025-537 Version: 1 Status: Adopted
File Created: 07/15/2025 Entered by: LBruner@co.whatcom.wa.us
Department: Council Office File Type: Ordinance
Assigned to: Council Final Action: 09/09/2025
Agenda Date: 09/09/2025 Enactment #: ORD 2025-043
Related Files:
Primary Contact Email: Ibruner@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code Title 22 to clarify the roles and duties of participants in
the Hearing Examiner process
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
See attached
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
07/22/2025 Council SUBSTITUTE INTRODUCED Council
FOR PUBLIC HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
09/09/2025 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Attachments: Memo, Proposed Ordinance, Substitute Ordinance
Whatcom County Page 1 Printed on 9/10/2025
PROPOSED BY: Hearing Examiner
INTRODUCTION DATE: July 22, 2025
ORDINANCE NO. 2025 - 043
ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 22 TO CLARIFY THE ROLES AND
DUTIES OF PARTICIPANTS IN THE HEARING EXAMINER PROCESS
WHEREAS, the Whatcom County Council has adopted the Hearing Examiner process and understands
that clear and transparent ordinances and rules are needed and need to be updated from time to time
to promote good governance; and
WHEREAS, the Whatcom County Council has the authority and proper interest in regulating
administrative decisions through ordinances and ensuring such regulation is done in a logical manner
with due process and without redundancy or ambiguity in the code; and
WHEREAS, the Council wishes to make clear in ordinance the Hearing Examiner's authority that has
previously been approved by the Council through consistent rule promulgations as far back as 1986;
and
WHEREAS, the Council wishes to update the appropriate codes and has duly considered the proposed
revisions to Title 22, put forward by the Hearing Examiner, attached hereto as Exhibit A.
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council has reviewed the revised
ordinance described above and finds the changes to be appropriate; and
BE IT FINALLY ORDAINED that the Council hereby adopts the revised sections of Title 22 as
reflected in Exhibit A.
ADOPTED this 9th day of September
ATTEST:
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approvedby Kimberly Thulin,/,'°LB
Civil Deputy Prosecutor
2025,
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
dylee06alloway, Council Chai
Approved () Led
Satpal Si hu, County Executive
Date: 1.12•-zS
22.05.090 Open record hearings.
(2) ...
Exhibit A
(b) Except in the case of appeals, within two days of the published notice the
applicant shall be responsible for posting three copies of the notice in a
conspicuous manner on the property upon which the use is proposed. Notices
shall be provided by the hearing examiner.
(c) Except in the case of appeals, an affidavit verifying distribution of the notice
must be submitted to the hearing examiner at least two working days prior to the
open record hearing.
(d) Except in the case of appeals, the applicant shall pay all costs associated with
providing notice. In the case of appeals, the appellant shall pay all costs
associated with providing notice.
22.05.110 Final decisions —Type I, II, and III applications.
(2) ...
(c) The hearing examiner shall render a final decision within 14 calendar days
following the conclusion of all testimony and hearings, absent emergent
circumstances or the issuance of a formal order from the Hearing Examiner
specifying the reason for the need and the amount of additional time for a final
decision to be issued. Each final decision of the hearing examiner shall be in
writing and shall include findings and conclusions based on the record to support
the decision.
22.05.120 Recommendations and final decisions — Type IV processes.
(4)
(b) The hearing examiner shall file the recommendation with the clerk of the
county council within 21 calendar days following the conclusion of the open
record hearing, absent emergent circumstances or the issuance of a formal order
from the Hearing Examiner specifying the reason for the need and the amount of
additional time for a final decision to be issued.
22.07.080 Expiration of shoreline permits.
(5) The director, as needed, shall notify the Department of Ecology in writing of any
change to the effective date of a permit with an explanation of the basis for approval of
the change. Any change to the time limits of a permit other than those authorized shall
require a new permit application.