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Whatcom County Council Committee of the Whole

WHA-CON-CTW-2026-01-27 January 27, 2026 Committee of the Whole Whatcom County
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The Whatcom County Council Committee of the Whole held a comprehensive policy session addressing state legislative priorities, urban growth area proposals, and governance reforms. The most significant action was preliminary approval of portions of urban growth area proposals from cities of Nooksack and Blaine, marking progress on the overdue 2025 comprehensive plan update that was legally required by December 31, 2025. The legislative session discussion resulted in formal county support for three state bills: HB 2442/SB 6294 allowing counties to implement progressive real estate excise taxes for affordable housing (passed 5-1), HB 2520 clarifying emergency meeting authorities under OPMA (passed 6-0), and authorization for Councilmember Galloway to engage in the legislative process on DNR ecosystem services legislation HB 2170/SB 5999 as "other" rather than supporter (passed 4-1-1). Urban growth area deliberations consumed significant meeting time and revealed deep divisions over flood risk management. The Nooksack proposal sparked intense debate about approving new development in flood-prone areas before adequate infrastructure protection is in place. After a complete proposal failed 2-5, Council ultimately approved only the upland portions (areas 3 and 4) by a 5-2 vote. Blaine's revised proposal, which actually reduces their UGA by 610 acres to protect drinking water sources, passed unanimously 7-0. The meeting also advanced a simplified outdoor musical entertainment ordinance that aligns county thresholds with state law (raising the permit requirement from 1,000 to 2,000 attendees), and discussed implementation of eight voter-approved charter amendments. Most significantly, Council authorized up to $9,999 for professional facilitation of a council strategic planning process, indicating institutional commitment to improved governance. The session highlighted ongoing tensions between development pressure and climate resilience, with Councilmember Jessica Rienstr

**State Legislative Agenda (3 actions taken):** - HB 2442/SB 6294 (progressive real estate excise tax for affordable housing): Approved 5-1, with Stremler opposing - HB 2520 (emergency meeting authority): Approved 6-0 with one away - HB 2170/SB 5999 (DNR ecosystem services): Authorized Galloway to engage as "other" 4-1-1 (Stremler opposed, Buchanan abstaining) **Urban Growth Area Proposals:** - Nooksack complete proposal: Failed 2-5 (only Stremler and Elenbaas supporting) - Nooksack areas 3 and 4 only: A…

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**State Legislative Engagement Framework** Council grappled with how much independence to exercise versus following the lead of the Executive's Office or Washington State Association of Counties (WSAC) on legislative positions. Chair Galloway sought to establish clearer protocols for council member participation in Olympia, particularly around when individual members can speak for the county versus offering personal perspectives. The discussion revealed desire for more coordinated but not necessarily lockstep approaches to state advocacy. The progressive real estate excise tax debate centered on revenue equity and local flexibility. Councilmember Scanlon emphasized Washington's regressive tax structure and framed the graduated rate structure (from 1.1% on sales under $525,000 to 3% on sales over $3.025 million) as a tool for shifting tax burden toward higher-income households while funding affordable housing. The policy passed despite concerns about implementation complexity. **Urban Growth and Flood Risk Management** The most contentious policy discussion centered on balancing growth accommodation requirements under the Growth Management Act against climate adaptation and public safety. Councilmember Scanlon articulated a holistic infrastructure approach: "I'm worried about the existing population, and I think in a comprehensive process to look at how we're planning for the future, we should be looking at the infrastructure needs, and I think that's infrastructure that includes existing population and not just future." This philosophy directly conflicted with standard planning practice that …
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**Council Member Positions:** **Councilmember Jon Scanlon** consistently advocated for infrastructure-first approaches to growth, stating he cannot support flood-prone development "until we have that information" about protection costs. He championed progressive taxation and systematic traffic safety improvements. **Councilmember Jessica Rienstra** provided crucial flood risk testimony and supported selective growth approval, emphasizing lived experience over theoretical planning models. **Chair Kaylee Galloway** demonstrated legislative engagement leadership while expressing concerns about approving complete flood-zone proposals. She supported strategic council planning initiatives. **Councilmember Elizabeth Boyle** consistently supported cautious approaches to flood risk and collaborative processes. **Councilmember Ben Elenbaas** defended local autonomy and criticized county micromanagement of municipal decisions, particularly on flood risk. **Councilmember Mark Stremler** opposed progressive taxation and m…
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**Councilmember Jon Scanlon, on infrastructure planning:** "I'm worried about the existing population, and I think in a comprehensive process to look at how we're planning for the future, we should be looking at the infrastructure needs, and I think that's infrastructure that includes existing population and not just future." **Councilmember Jessica Rienstra, on flood risk:** "My anecdotal and unique experience of moving into an area very similar to 6, 7, and 8 that was right outside of a flo…
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**Immediate Actions:** - Outdoor musical entertainment ordinance introduced at evening council meeting (January 27) - State legislative testimony on HB 2442/SB 6294 by council members - Councilmember Galloway testimony on DNR ecosystem services bills as "other" position **February 2026:** - February 10: Potential performance audit ordinance introduction - February 24: Potential performance audit public hearing and action - Special Committee of the Whole meeting next week for additional legislative session updates **Upcoming Deadlines:** - March 10: Alternative performance audit ordinance action …

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**Legislative Advocacy Authority:** Council formalized support for three state bills and established clearer protocols for individual member engagement in Olympia. Councilmember Galloway gained explicit authorization to participate in DNR legislation discussions while representing county interests rather than full support. **Urban Growth Area Status:** - Nooksack: Partial approval for upland areas 3 and 4, continued discussion needed for areas 6, 7, and 8 - Blaine: Full approval for 610-acre UGA reduction focused on aquifer protection - County missed December 31, 2025 comprehensive plan deadline, now operating under extension **Governance Infrastructure:** Council committed to professional strategic planning facilitation, indicating institutional maturity and planning sophistication…
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# A Packed Committee Meeting: Legislative Lobbying, Flood Zone Development, and Strategic Planning At 1:03 p.m. on Tuesday, January 27, 2026, the Whatcom County Council Committee of the Whole convened in hybrid format for what would become a dense, three-hour working session that touched on everything from state legislative strategy to the contentious politics of building in flood-prone areas. ## Meeting Overview Chair Kaylee Galloway called the meeting to order with six items on the agenda, though the discussion would sprawl well beyond the planned topics. All seven council members were present, creating a full table for what would prove to be consequential deliberations on urban growth areas, performance audits, and county priorities. The meeting operated as both a policy workshop and a glimpse into the practical mechanics of local government — from the technical details of real estate excise taxes to the raw tensions of council members wrestling with whether to approve development in areas that have flooded twice in recent years. ## State Legislative Advocacy: Three Bills, Three Different Approaches The meeting opened with Jed Holmes from the Executive's Office updating council on the county's 2026 state legislative priorities. The county was pushing ferry district legislation through both chambers, had submitted capital budget requests for behavioral care center flexibility and flood prevention infrastructure, and was working to secure adequate court funding. But the real action came when Chair Galloway presented three bills for potential county support, each revealing different council dynamics and decision-making processes. ### House Bill 2442: Progressive Revenue for Affordable Housing Councilmember John Scanlon took the lead on HB 2442, which would allow counties to implement a graduated real estate excise tax for affordable housing. Currently, only San Juan County can use this tool — the result of what Scanlon called one of those legislative quirks where "a great former 40th legislative district representative was doing a good thing for San Juan County" but created an inequitable system. The bill would establish a progressive fee structure, with sales over $3.025 million paying 3% while sales of $525,000 or less would pay just 1.1%. "This brings in a different mechanism that would hit high income households at a different level than lower income households," Scanlon explained. "And to me, that's a positive thi…
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A structured study guide helping readers understand the meeting's content and context. ### Meeting Overview The Whatcom County Council Committee of the Whole met on January 27, 2026, to discuss legislative priorities for the 2026 state session, urban growth area proposals from cities, and implementation of voter-approved charter amendments. The meeting covered significant decisions about state legislation support and preliminary approval of some city expansion proposals. ### Key Terms and Concepts **Urban Growth Area (UGA):** Designated areas where cities plan to expand over the next 20 years, required under Washington's Growth Management Act to concentrate development and preserve rural areas. **Real Estate Excise Tax (REET):** A tax on property sales that can be dedicated to affordable housing programs; currently only available to San Juan County but proposed legislation would extend this to all counties. **Committee of the Whole:** A meeting format where all council members participate in detailed discussion before formal council action, allowing for more flexible debate. **Charter Amendment:** Changes to the county's governing document, approved by voters in 2025, requiring implementation by county government. **Performance Audit:** An evaluation of government programs to assess efficiency, effectiveness, and compliance with laws and policies. **OPMA (Open Public Meetings Act):** State law requiring government meetings to be open to the public, with specific emergency exemptions. **Floodplain/FEMA Flood Zone:** Areas mapped by the Federal Emergency Management Agency as prone to flooding, restricting development or requiring special construction standards. **FLIP (Flood Risk Management):** Whatcom County's flood mitigation planning process addressing recent flooding events. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Kaylee Galloway | Council Chair | | John Scanlon | Council Member | | Elizabeth Boyle | Council Member | | Jessica Rienstra | Council Member | | Barry Buchanan | Council Member | | Mark Stremler | Council Memb…
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Land Use & Planning Housing Government Operations HB 2170 HB 2442 HB 2520 SB 5999 SB 6294 Charter Review Commission City Of Blaine City Of Nooksack Department Of Natural Resources Executive Office Fema Mount Baker School District Nooksack Tribe Planning Development Services Snohomish County Whatcom County Council Wsac Wsdot Alex Wenger Barry Buchanan Ben Elenbaas Cathy Halka Doug Ranney Elizabeth Boyle Jed Holmes Jessica Rienstra Joel Pitts Jordan Jon Scanlon Kayla Schott Bresler Kaylee Galloway Kimberly Thulin Kirsten Smith Mark Stremler Matt Aamot Rollin Harper Affordable Housing Budget Process Charter Amendments Comprehensive Plan Dnr Ecosystem Services Emergency Meeting Authority Emergency Meetings Flood Mitigation Industrial Lands Infrastructure Planning Legislative Advocacy Legislative Session Outdoor Entertainment Outdoor Entertainment Permits Performance Audits Real Estate Excise Tax Strategic Planning Traffic Safety Urban Growth Areas Wellhead Protection