citizen stewardship committee chairperson, rick hann
TRANSCRIPT
From: Cherry Point Aquatic Reserve Citizen Stewardship Committee
Chairperson, Rick Hann
To: Whatcom County Planning Commission and Whatcom County Council
Via e-mail: [email protected], [email protected]
RE: Chapter 8 addition to the Comprehensive Plan: Marine Resource Lands
November 11, 2020
Dear Planning Commission and County Council,
The Cherry Point Aquatic Reserve Citizen Stewardship Committee (CPAR CSC) is a volunteer citizen group working for the betterment of The Cherry Point Aquatic Reserve as stakeholders and bringing together partners to inspire science-based stewardship of the unique aquatic resources at Cherry Point. Please note that we do not speak for the Washington Department of Natural Resources, which manages the Reserve.
The CPAR CSC supports policies and regulations that further protect and enhance marine shoreline areas, such as the Cherry Point Aquatic Reserve. Therefore, the CPAR CSC writes this letter to express support for the Chapter 8 Marine Resource Lands addition to the Whatcom County Comprehensive Plan. This addition to Chapter 8 recognizes marine resource lands and designates long overdue protection of these marine resource lands that are vital economically, culturally, recreationally and environmentally.
Thank you for consideration.
Sincerely,
The Cherry Point Aquatic Reserve Citizen Stewardship Committee
Lyle Anderson Marie Hitchman Chris Brown Deborah Kaye John Bremer Robert Kaye Kim Clarkin, Michael Sennett Diane Hollands, Vice-Chair Alice Sigurdson Rick Hann, Chair
DRAFTDRAFT
360-671-4247 1650 Baker Creek Place, Bellingham, WA 98226 www.BIAWC.com
November 5, 2020 Cliff Strong Whatcom County Planning and Development Services 5280 Northwest Drive Bellingham, WA 98226
RE: Shoreline Management Program Update Dear Mr. Strong: As the Director of Government Affairs for the Building Industry Association of Whatcom County I represent 400 businesses associated with all aspects of the home building industry. I reviewed the Shoreline Management Program (SMP) materials and found the SMP updates are extensive. Coupled with changes to the draft Critical Areas Ordinance (CAO), there is significant impact to the building industry and our customers. The CAO update is surprising given just three years ago in 2017 we experienced an extensive public involvement process. BIAWC initial concerns include: 1. Terminology; 2. Building setbacks; 3. Reasonable Use Exceptions; 4. Shrinking footprint sizes; 5. Increased Buffers; 6. Mitigation requirements; 7. Private Property Rights; 8. Increased authority lent to County government; 9. Cost; and 10. Impact to land availability for residential construction.
• There is initial concern about terminology that requires clarification,
including terms such as “Type O water,” “functionally disconnected,”
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“habitat corridors,” and “ecological connectivity,” among others. Please
clarify and specify where these terms are codified.
• Inconsistencies with SMP application towards residential construction v
commercial buildings.
• SMP and CAO changes lend increased authority to the County over
development, which restricts the freedom and business autonomy of home
builders and homeowners alike.
• Private property rights are infringed upon with less autonomy for land-
owners and more authority for County government to determine garden
and landscape decisions.
Restated, the SMP and CAO updates specifically narrow the choices of home builders and homeowners for no reasonable benefit. These proposed updates extend County authority.
• Building Setbacks- It is unclear why there is a need for building setbacks to
be a minimum of 10 feet from the edge of a CA buffer (WCC 16.16). As
currently written, the building setbacks further reduce the “reasonable
use” footprints from a mere 4,000 square feet to 2, 500 square feet.
• Reasonable Use Exceptions/ Reduction: Why is the County proposing a
reasonable use reduction to such a small footprint of 2,500 square feet?
• Increased Buffers only further restrict land availability and choke the
potential for a home to be built.
• Mitigation requirements cost burden projects and mitigation ratio changes
impede autonomy in the construction schedule.
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All of the proposed land use modifications add to the overall project cost of building a house. This type of over-regulation directly contributes to the high cost of housing Whatcom County is experiencing, plus constricts the availability of land supply. Sincerely, Jacquelyn Styrna
To: Whatcom County Planning Commission Submitted via email to: [email protected]
CC: Whatcom County Planning and Development Services Submitted via email to: [email protected]
December 10, 2020
Re: Whatcom County Comprehensive Plan Chapter 11 and Whatcom County Shoreline Master Program (SMP)
Commissioners et al,
Thank you for considering our prior comments sent on November 12, 2020 on the draft amendments to the SMP and associated documents for Whatcom County’s 2020 periodic update. We appreciate your thoughtful deliberations on our comments as they relate to climate change and sea level rise in Policy 11AA-8. In response to your deliberations, we are suggesting an improvement to strengthen Policy 11AA-8 as well as recommended revisions to other regulations in Whatcom County Code Title 23.
RE Sources for Sustainable Communities is a local organization in northwest Washington, founded in 1982. RE Sources works to build sustainable communities and protect the health of northwest Washington's people and ecosystems through the application of science, education, advocacy, and action. RE Sources has over 20,000 supporters in Whatcom, Skagit, and San Juan counties, and we submit these comments on their behalf.
Futurewise works throughout Washington State to support land-use policies that encourage healthy, equitable, and opportunity-rich communities, that protect our most valuable farmlands, forests, and water resources, and encourage growth in urban growth areas to prevent poorly planned sprawl. Futurewise has members across Washington State including Whatcom County.
WEC is a 501(c)(3) organization founded in 1967. We represent over 20,000 members and supporters. Our mission is to protect, restore, and sustain Washington’s environment for all, and we are committed to clean water and healthy habitat protections for Puget Sound and for all Washington State waters.
We offer a few of these recommendations here for your consideration (bold indicates added language):
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● Exhibit B, Whatcom County Comprehensive Plan Chapter 11: ○ Addition of Policy 11AA-8: New lots and new and expanded development
along the marine shoreline should be located two feet above the OHWM so they will not interfere with the landward expansion and movement of wetlands and aquatic vegetation as sea level rises. Sea level rise elevation data shall be revised every eight years or when the SMP is updated.
● Exhibit D, Whatcom County Code (WCC) Title 23: ○ Addition to 23.30: .080 Sea Level Rise.
■ A. New lots shall be designed and located a minimum of two feet above the OHWM so that the buildable area is outside the area likely to be inundated by sea level rise in 2100 and outside of the area in which wetlands and aquatic vegetation will likely migrate during that time.
■ B. Where lots are large enough, new structures and buildings shall be located so that they are outside the area likely to be inundated by sea level rise in 2100 and outside of the area in which wetlands and aquatic vegetation will likely migrate during that time.
■ C. New and substantially improved structures shall be elevated above the likely sea level rise elevation in 2100 or for the life of the building, whichever is less.
○ Modify Table 1, Shoreline Use by Environment Designation: Change Liquid Manure Storage Facilities and Spreading from a Permitted use to a Conditional Use for the Rural, Resource, and Conservancy Shoreline environments.
○ Additions to 23.40.040 Agriculture. (A) General: ■ 6. Replacement manure storage facilities must be tanks or
towers. ■ 7. All new manure storage facilities must be tanks or towers.
○ Addition to 23.40.140 Mining. (D) Mining in the 100-year floodplain, floodway, or channel migration zones shall meet the following standards:
■ i Mines should be located outside the channel migration zone unless there is no feasible alternative site.
■ ii. Mines shall be no deeper than the bottom of the nearby streams and rivers.
■ iii. The mine reclamation plan shall have a design so that when the river or stream moves into the mine it is not so wide or deep that the captured sediments destabilize the river or stream or increase erosion risks on upstream properties.
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As mentioned in our previous letter, we want to reiterate the importance of tabling final approval of WCC 16.16 (Exhibit F) and WCC 23.40 (Exhibit D) until a No Net Loss technical memo is available to guide revisions of these regulations.
Thank you for considering our comments and suggestions.
Sincerely,
Karlee Deatherage Land & Water Policy Manager RE Sources
Eddy Ury Climate and Energy Policy Manager RE Sources
Rein Attemann Puget Sound Campaign Manager Washington Environmental Council
Tim Trohimovich Director of Planning and Law Futurewise
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From: PDS_Planning_CommissionTo: Atul Deshmane; Dominic Moceri; Jim Hansen ([email protected]); Jon Maberry; Kelvin Barton; Kim Lund;
Natalie McClendon; Robert Bartel; Stephen JacksonCc: Mark Personius; Cliff Strong; Ryan EricsonSubject: FW: support for marine lands comp plan sectionDate: Thursday, November 12, 2020 4:00:43 PM
From: kim clarkin [mailto:[email protected]] Sent: Thursday, November 12, 2020 3:56 PMTo: PDS_Planning_CommissionSubject: support for marine lands comp plan section Dear Commissioners, I support calling out, recognizing and protecting Marine Resource Lands specifically in Ch 8of the Comprehensive Plan. I do not understand parts of the new section:
From: PDS_Planning_CommissionTo: Atul Deshmane; Dominic Moceri; Jim Hansen ([email protected]); Jon Maberry; Kelvin Barton; Kim Lund;
Natalie McClendon; Robert Bartel; Stephen JacksonCc: Mark Personius; Cliff StrongSubject: FW: Amendments to Chapter 8 of the Comprehensive PlanDate: Monday, November 09, 2020 12:09:54 PM
From: [email protected] [mailto:[email protected]] Sent: Sunday, November 08, 2020 7:41 PMTo: PDS_Planning_CommissionSubject: Amendments to Chapter 8 of the Comprehensive Plan Dear Commissioners, I would like to urge you to include the amendment to Whatcom County'scomprehensive plan to include Marine Resource Lands as a way to recognize marineand tidal lands in Chapter 8 of the Comprehensive plan. Marine and tidal lands areas important as forestry, mining and agricultural lands. These lands are significantresources and along with the upland areas adjacent to them need to be protected fortheir cultural, social and economic values. Thank you for your consideration and for the ability to comment. Sincerely,Pam BorsoP O Box 154Custer, Washington 98240
From: PDS_Planning_CommissionTo: Atul Deshmane; Dominic Moceri; Jim Hansen ([email protected]); Jon Maberry; Kelvin Barton; Kim Lund;
Natalie McClendon; Robert Bartel; Stephen JacksonCc: Mark Personius; Cliff StrongSubject: FW: Marine Resources LandsDate: Monday, November 09, 2020 12:09:41 PM
From: Michael Sennett [mailto:[email protected]] Sent: Sunday, November 08, 2020 4:27 PMTo: PDS_Planning_CommissionSubject: Marine Resources Lands Whatcom County’s geography stretches from the coasts of the Salish Sea to the Cascades, andall the watersheds of the three forks of the Nooksack River are gathered and delivered to theSalish Sea. It seems to me that the unique areas where land and ocean meet have beenundervalued by the settler culture. The original functioning ecosystems that supported theindigenous peoples have been severely degraded. Estuaries and wetlands have been filled in,and development has sprawled along the shores in Sandy Point, resulting in shorelinearmoring. Birch Bay, Drayton Harbor and The Lummi Nation’s tide flats have beencontaminated by dairy industry pollution. The lack of protection for our coast has resultedfrom a lack of recognition of its singular importance by the the various government that haveoversight over those i areas.It is time to correct that myopia, and to recognize the important status of our marine lands. Byadding the :Marine Resources Lands Amendment to Chapter Eight of the ComprehensivePlan, joining Forestry, Agriculture, and Mining as codified land uses. Mike Sennett, Bellingham
Sent from Yahoo Mail for iPad
To: Whatcom County Council and Whatcom County Planning Commission
Via e-mail: [email protected], [email protected]
RE: Marine Resource Lands addition to the Comprehensive Plan in Chapter 8
November 11, 2020
Dear Planning Commission and County Council,
Thank you for your time to listen to our input on the recognition of marine resource lands in the Whatcom County Comprehensive Plan. I am writing on behalf of the Norwest Straits Surfrider Foundation Chapter, located in Bellingham, Washington to express our strong support for the addition of marine resource lands in chapter 8 in the Comprehensive Plan. Surfrider Foundation is a grassroots, coastal conservation organization dedicated to the protection and enjoyment of our ocean, waves and beaches.
Agriculture, forest, and mineral lands are already recognized in the Whatcom County Comprehensive Plan, so the addition of Marine Resource Lands to Chapter 8 is fully supported by the Surfrider Northwest Straits Chapter. We only regret that Marine Resource Lands were not included sooner as they are extremely important economically, culturally, recreationally, and environmentally to Whatcom County. Marine resource lands deserve the same protection as our other resource lands and adds a unique protection from other current policies and regulations.
We strongly support the inclusion of education and recreation in this section, and we ask that appropriate resources and capacity are allocated to ensure the Chapter 8 additions are fulfilled. We will continue to advocate for the effective and sustainable management of our marine resource lands so that future generations enjoy all the economic, cultural, recreational, and environmental benefits they provide.
Thank you for your time.
Sincerely,
Eleanor Hines [email protected] Chapter Chair Northwest Straits Chapter Surfrider Foundation
2309 Meridian St Bellingham, WA 98225
(360) 733-8307 re-sources.org
To: Whatcom County Planning Commission Submitted via email to: [email protected]
CC: Whatcom County Planning and Development Services Submitted via email to: [email protected]
November 12th, 2020
Re: Whatcom County Shoreline Master Program (SMP) Periodic Update 2020
Commissioners et al,
Thank you for considering our prior comments to PDS on the scoping and draft amendments to the SMP for Whatcom County’s 2020 periodic update, and for your thoughtful deliberations on these important shoreline management rules in development.
RE Sources for Sustainable Communities is a local organization in northwest Washington, founded in 1982. RE Sources works to build sustainable communities and protect the health of northwest Washington's people and ecosystems through the application of science, education, advocacy, and action. RE Sources has over 20,000 supporters in Whatcom, Skagit, and San Juan counties, and we submit these comments on their behalf.
Futurewise works throughout Washington State to support land-use policies that encourage healthy, equitable, and opportunity-rich communities, that protect our most valuable farmlands, forests, and water resources, and encourage growth in urban growth areas to prevent poorly planned sprawl. Futurewise has members across Washington State including Whatcom County.
WEC is a 501(c)(3) organization founded in 1967. We represent over 20,000 members and supporters. Our mission is to protect, restore, and sustain Washington’s environment for all, and we are committed to clean water and healthy habitat protections for Puget Sound and for all Washington State waters.
To aid the Planning Commission’s deliberations on the Shoreline Master Program Periodic Update, we are offering additional recommendations to tentatively approve all Comprehensive Plan amendments proposed in Exhibits A, B, and C, as well as all proposed amendments to WCC Title 22 shown in Exhibit E. We also recommend approval of the
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2309 Meridian St Bellingham, WA 98225
(360) 733-8307 re-sources.org
Shoreline Environmental Designations map shown in Exhibit G. These changes are largely straightforward reorganizations of the SMP or are otherwise necessary to align with current state law. However, as our previous comments stated, we are recommending additional policies be added into the Comprehensive Plan, with corresponding development regulations updated in Title 22. We offer a few of these recommendations here for your consideration and will continue to submit additional recommendations as the Planning Commission process proceeds. Some initial policies for you to discuss include but are not limited to:
● Changes recommended by Futurewise/WEC, in their Sept. 16, 2020 letter, to Exhibit B, policy 11 AA-5 and new policy 11 AA-8:
○ Modify Policy 11AA-5 be modified to read as follows with our additions in bold and our deletion struck through. Policy 11AA-5: Whatcom County shall monitor the impacts of climate change on Whatcom County’s shorelands, the shoreline master program’s ability to adapt to sea level rise and other aspects of climate change at least every periodic update, and revise the shoreline master program as needed. Whatcom County shall should periodically assess the best available sea level rise projections and other science related to climate change within shoreline jurisdiction and incorporate them into future program updates, as relevant.
○ Addition of Policy 11AA-8 reading: New lots and new and expanded development should be located so they will not interfere with the landward expansion and movement of wetlands and aquatic vegetation as sea level rises.
● Add an additional policy to Exhibit A possibly under Goal 10D: Protect natural processes and functions of Marine Resource Lands and Critical Areas in anticipation of climate change impacts, including sea level rise.
Additionally, at this time we recommend that the Planning Commission table all changes to WCC 16.16 (Exhibit F) and WCC 23.40 (Exhibit D) until a No Net Loss memo is prepared. Sincerely, Ander Russell Senior Environmental Advocate RE Sources Eddy Ury Climate and Energy Policy Manager RE Sources
Rein Attemann Puget Sound Campaign Manager Washington Environmental Council Tim Trohimovich Director of Planning and Law Futurewise
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To: Whatcom County Planning Commission Submitted via email to: [email protected]
CC: Whatcom County Planning and Development Services Submitted via email to: [email protected]
December 10, 2020
Re: Whatcom County Comprehensive Plan Chapter 11 and Whatcom County Shoreline Master Program (SMP)
Commissioners et al,
Thank you for considering our prior comments sent on November 12, 2020 on the draft amendments to the SMP and associated documents for Whatcom County’s 2020 periodic update. We appreciate your thoughtful deliberations on our comments as they relate to climate change and sea level rise in Policy 11AA-8. In response to your deliberations, we are suggesting an improvement to strengthen Policy 11AA-8 as well as recommended revisions to other regulations in Whatcom County Code Title 23.
RE Sources for Sustainable Communities is a local organization in northwest Washington, founded in 1982. RE Sources works to build sustainable communities and protect the health of northwest Washington's people and ecosystems through the application of science, education, advocacy, and action. RE Sources has over 20,000 supporters in Whatcom, Skagit, and San Juan counties, and we submit these comments on their behalf.
Futurewise works throughout Washington State to support land-use policies that encourage healthy, equitable, and opportunity-rich communities, that protect our most valuable farmlands, forests, and water resources, and encourage growth in urban growth areas to prevent poorly planned sprawl. Futurewise has members across Washington State including Whatcom County.
WEC is a 501(c)(3) organization founded in 1967. We represent over 20,000 members and supporters. Our mission is to protect, restore, and sustain Washington’s environment for all, and we are committed to clean water and healthy habitat protections for Puget Sound and for all Washington State waters.
We offer a few of these recommendations here for your consideration (bold indicates added language):
1
● Exhibit B, Whatcom County Comprehensive Plan Chapter 11: ○ Addition of Policy 11AA-8: New lots and new and expanded development
along the marine shoreline should be located two feet above the OHWM so they will not interfere with the landward expansion and movement of wetlands and aquatic vegetation as sea level rises. Sea level rise elevation data shall be revised every eight years or when the SMP is updated.
● Exhibit D, Whatcom County Code (WCC) Title 23: ○ Addition to 23.30: .080 Sea Level Rise.
■ A. New lots shall be designed and located a minimum of two feet above the OHWM so that the buildable area is outside the area likely to be inundated by sea level rise in 2100 and outside of the area in which wetlands and aquatic vegetation will likely migrate during that time.
■ B. Where lots are large enough, new structures and buildings shall be located so that they are outside the area likely to be inundated by sea level rise in 2100 and outside of the area in which wetlands and aquatic vegetation will likely migrate during that time.
■ C. New and substantially improved structures shall be elevated above the likely sea level rise elevation in 2100 or for the life of the building, whichever is less.
○ Modify Table 1, Shoreline Use by Environment Designation: Change Liquid Manure Storage Facilities and Spreading from a Permitted use to a Conditional Use for the Rural, Resource, and Conservancy Shoreline environments.
○ Additions to 23.40.040 Agriculture. (A) General: ■ 6. Replacement manure storage facilities must be tanks or
towers. ■ 7. All new manure storage facilities must be tanks or towers.
○ Addition to 23.40.140 Mining. (D) Mining in the 100-year floodplain, floodway, or channel migration zones shall meet the following standards:
■ i Mines should be located outside the channel migration zone unless there is no feasible alternative site.
■ ii. Mines shall be no deeper than the bottom of the nearby streams and rivers.
■ iii. The mine reclamation plan shall have a design so that when the river or stream moves into the mine it is not so wide or deep that the captured sediments destabilize the river or stream or increase erosion risks on upstream properties.
2
As mentioned in our previous letter, we want to reiterate the importance of tabling final approval of WCC 16.16 (Exhibit F) and WCC 23.40 (Exhibit D) until a No Net Loss technical memo is available to guide revisions of these regulations. Thank you for considering our comments and suggestions. Sincerely, Karlee Deatherage Land & Water Policy Manager RE Sources Eddy Ury Climate and Energy Policy Manager RE Sources
Rein Attemann Puget Sound Campaign Manager Washington Environmental Council Tim Trohimovich Director of Planning and Law Futurewise
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