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Whatcom County Council Committee of the Whole

WHA-CON-CTW-2026-03-10 March 10, 2026 Committee of the Whole Whatcom County 32 min
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The Whatcom County Council Committee of the Whole advanced significant portions of the County's Comprehensive Plan update on March 10, 2026, approving multiple chapters with important amendments while continuing their marathon review process. The three-and-a-half-hour meeting resulted in formal approval of Chapter 1 (Introduction and Growth Projections) and Chapter 3 (Housing) to move forward for legal review and eventual public hearing, while Chapter 2 (Land Use) discussions were extended to March 17th due to time constraints. Most significantly for housing policy, Council adopted new policies requiring interpretation of Comprehensive Plan provisions to favor housing supply and affordability where multiple interpretations are reasonable. They also added environmental justice language requiring adequate separation between residential development and heavy industry. These changes signal a Council majority increasingly focused on addressing the region's housing crisis through planning policy. The meeting also featured presentations on Lake Whatcom water quality management and county housing programs, plus discussion of a proposed criminal justice sales tax that could raise $6.5-7 million annually. The legislative session update revealed optimism about state funding for flood mitigation and court infrastructure, with final budget decisions expected by Thursday. Council Chair Kaylee Galloway reordered the agenda to prioritize housing discussions, reflecting the urgency Council places on completing the Comprehensive Plan update. The meeting demonstrated both the complexity of comprehensive planning and the political tensions around balancing growth management, environmental protection, and housing affordability.

**Comprehensive Plan Chapter 1 (AB2026-185):** - **Vote:** 7-0 to amend Policy 1C-6 regarding public work and workforce development - **Vote:** 5-2 to advance amended Chapter 1 to legal review and public hearing (Elenbaas and Stremler opposed) - **Staff recommendation:** Not specified - **What it means:** Chapter 1 moves forward with language emphasizing local workforce development in county projects **Comprehensive Plan Chapter 3, Housing (AB2026-188):** - **Vote:** 7-0 to add new policies 3A-5 and 3A-6 requiring pro-housing interpretation of plan provisions - **Vote:** 5-2 to strike family terminology references (Stremler and Elenbaas opposed) - **Vote:** 6-1 to add environmental justice policy 3B-5 on industrial-residential separation (Stremler opposed) - **Vote:** 7-0 to acknowledge Buildable Lands Report in monitoring section - **Vote:** 6-1 to advance amended Chapter 3 to legal review and public hearing (Elenbaas opposed) - **Vote:** 5-2 to include up…

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**Criminal Justice Sales Tax (AB2026-211)** emerged as a major fiscal policy discussion. Executive staff presented a proposal for a 0.1% sales tax that could generate $6.5-7 million annually to address rising criminal justice costs. The recommended approach would provide maximum flexibility to allocate funds during budget processes rather than pre-determining specific uses. Sheriff Donnell Tanksley emphasized urgent needs including jail medical costs, food costs, and office lease obligations totaling approximately $4.5 million, with remaining revenue potentially addressing staffing and public defense needs. **Comprehensive Plan Housing Policy** dominated the meeting's longest discussions. Council Member Ben Elenbaas proposed groundbreaking language requiring that where Comprehensive Plan provisions have multiple reasonable interpretations, decision-makers must choose the interpretation that best advances housing supply and affordability goals. This represents a significant policy shift toward prioritizing housing outcomes in land use decisions. The policy includes safeguards requiring consistency with the Growth Management Act and protection of critical areas. **Environmental Justice in Housing Policy** saw Chair Galloway successfully advanc…
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**Council Member Ben Elenbaas** strongly championed pro-housing policies, proposing the interpretation language requiring decisions to favor housing supply and affordability. He stated his desire to "incorporate the same type of language into almost all decisions that are county-related matters." However, he opposed environmental justice language and rural density restrictions, arguing they reduce flexibility. **Council Member Mark Stremler** consistently opposed policies he viewed as constraining development flexibility or increasing housing costs. He opposed the environmental justice policy, impact fees, and flood plain density restrictions. He successfully proposed workforce development language emphasizing local hiring in county projects. **Chair Kaylee Galloway** demonstrated strong leadership on environmental justice and growth management issues, proposing the industrial-residential separation policy and flood plain density restrictions. She showed pragmat…
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**Council Member Ben Elenbaas, on pro-housing interpretation policy:** "I would like to incorporate the same type of language into almost all decisions that are county-related matters." **Planning Director Mark Personius, on countywide planning policy authority:** "In 96 they are quoting a countywide planning policy and amending it, but Council does not have the authority to do that by themselves. They have to be approved by all the cities." **Council Member Mark Stremler, on impact fees:**…
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**March 17, 2026:** Special Committee of the Whole meeting to continue Chapter 2 (Land Use) discussion, starting with amendment number 115 and remaining amendments not addressed March 10th. **March 24, 2026:** Potential Council introduction of criminal justice sales tax ordinance (AB2026-213) if approved tonight, with public hearing to follow two weeks later. **April 1, 2026:** Joint Councils and Commissioners meeting on Lake Whatcom Ma…

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**Housing Policy Direction:** Council established a clear pro-housing interpretation standard for Comprehensive Plan decisions, requiring decision-makers to choose interpretations that advance housing supply and affordability when multiple reasonable options exist. **Environmental Justice Integration:** The county now has explicit policy requiring separation between residential development and heavy industry, with particular attention to protecting marginalized communities from environmental hazards. **Industrial Protection Framework:** New protections for existing industrial uses in urban growth areas, including disclosure requirements for nearby residential sal…
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## Meeting Overview The Whatcom County Council Committee of the Whole convened in hybrid format on March 10, 2026, at 1:05 p.m. in the County Courthouse Council Chambers, with all seven council members present: Chair Kaylee Galloway, Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Jessica Rienstra, Jon Scanlon, and Mark Stremler. This was a continuation of comprehensive plan discussions from the previous week, with Chair Galloway announcing a strategic reordering of the agenda to tackle Chapter 1 (Introduction and Growth Projections), then Chapter 3 (Housing), and finally Chapter 2 (Land Use) of the county's comprehensive plan update. The meeting represented a critical juncture in the county's comprehensive planning process, as council members worked through dozens of proposed amendments while also receiving updates on state legislative priorities and presentations on environmental permitting and housing programs. The session would run until 4:37 p.m., with substantive policy debates on everything from labor acknowledgments to environmental justice, housing supply strategies, and flood plain development restrictions. ## Stormwater Permits and Lake Whatcom Management The meeting opened with Cathy Craver from Public Works presenting on the Western Washington Phase II Municipal Stormwater Permit and its connection to Lake Whatcom's Total Maximum Daily Load (TMDL) requirements. Craver explained the nexus between federal stormwater regulations and the county's ongoing Lake Whatcom Management Program work, noting an upcoming Joint Councils and Commissioners meeting scheduled for April 1st. Councilmember Jon Scanlon seized on the Lake Whatcom discussion to emphasize the comprehensive plan's role in water quality protection. "If there is anything that comes up in the review of the current five-year Lake Whatcom implementation plan and of how things are going with the Lake Whatcom Management Program that they think was missed in the Comprehensive Plan he is open to that conversation," Scanlon stated, "and to seeing if there is anything else Council should be putting in the Comprehensive Plan to make sure we are doing a good job with the water quality in the lake." Chair Galloway noted that Lake Whatcom provisions appear primarily in Chapter 10 of the comprehensive plan, which has undergone staff review, and referenced a memo from council staff on the topic. The presentation concluded without formal action, serving as an informational update on the county's env…
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## Meeting Overview The Whatcom County Council Committee of the Whole met on March 10, 2026, for a hybrid meeting focused on presentations about environmental permits and housing programs, plus continued work on updating the county's Comprehensive Plan. The meeting included significant decisions on housing and land use policies that will guide county development for the next 20 years. ## Key Terms and Concepts **Committee of the Whole:** A format where all seven councilmembers meet to discuss issues in detail before bringing them to formal council meetings for votes. This allows for more informal discussion and public input. **Comprehensive Plan:** A 20-year blueprint required by state law that guides how and where growth will happen in Whatcom County. It includes chapters on housing, land use, transportation, and other key topics. **NPDES Permit:** National Pollutant Discharge Elimination System permit required by federal law to regulate stormwater runoff. Whatcom County must comply with this permit to protect water quality. **Lake Whatcom TMDL:** Total Maximum Daily Load - a federal water quality standard that limits pollution entering Lake Whatcom, Bellingham's drinking water source. **Growth Management Act:** Washington state law requiring counties to plan for growth in designated urban areas while protecting rural lands and natural resources. **Urban Growth Area (UGA):** Designated boundaries where urban development and higher densities are allowed. Development outside UGAs is restricted to preserve rural character. **Buildable Lands Report:** A state-required analysis of how much developable land exists and whether it matches population growth projections. **Impact Fees:** Charges on new development to help pay for infrastructure improvements like roads, parks, and water systems needed to serve that development. ## Key People at This Meeting | Name | Role / Affiliation | |---|---| | Kaylee Galloway | County Council Chair | | Elizabeth Boyle | Councilmember | | Barry Buchanan | Councilmember | | Ben Elenbaas | Councilmember | | Jessica Rienstra | Councilmember | | Jon Scanlon | Councilmember | | Mark Stremler | Councilmember | | Cathy Halka | Clerk of the Council | | Cathy Craver | Public Works Department | | Ann Beck | Health and Community Services | | Michaela Mandala | Health and Community Services | | Chris D'Onofrio | Health and Community Services | | Jed Holmes | County Executive's Office | | Kayla Schott-Bresler | County Executive's Office | | Donnell Tanksley | Sheriff | | Mark Personius | Planning and Development Services Director | | Matt Aamot | Planning and Development Services | | Kimberly Thulin | Prosecuting Attorney's Office | ## Background Context This meeting occurred during a critical time for Whatcom County's long-term planning. State law requires counties to update their Comprehensive Plans every eight years, and this update will guide developmen…
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