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Whatcom County Council Planning and Development Committee

WHA-CON-PDV-2025-12-09 December 09, 2025 Planning Committee Whatcom County 37 min
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The December 9th Planning and Development Committee meeting tackled two major policy areas that have dominated Whatcom County's land use discussions: agricultural viability in rural areas and housing development in urban growth areas. The 97-minute session featured a comprehensive presentation on water availability for agriculture and contentious debates over proposed code amendments affecting mining operations and residential development standards. The meeting's centerpiece was a presentation by the Washington Water Trust on their Land and Water Integration Study, examining three rural study areas to determine if they could support viable commercial agriculture. The study's stark conclusion — that insufficient water resources exist to support traditional farming without significant infrastructure investment or alternative practices — reinforced long-standing concerns about the county's 1997 goal to preserve 100,000 acres of farmland. Committee members then engaged in heated discussions over proposed code amendments, with Council Member Mark Stremler advocating to ease restrictions on vertical mine expansions and Council Member Ben Elenbaas pushing to allow wells on agricultural reserve tracts in cluster developments. Both amendments faced staff opposition and were ultimately removed from the ordinance package. The committee voted 2-1 to advance a substitute version excluding these controversial provisions. The session concluded with discussions over state-mandated changes to accessory dwelling unit (ADU) regulations, where competing visions emerged between Planning staff's restrictive approach requiring public sewer connections and Council Member Kaylee Galloway's more permissive alternative allowing greater flexibility in urban growth areas.

**AB2025-810 (Code Amendments) — Partial Approval (2-1 vote)** - Vote count: Elenbaas (yes), Scanlon (yes), Donovan (no) - Recommended for introduction with amendments 3 and 11 removed - Amendment 3 (Elenbaas): Allow wells on agricultural reserve tracts — REMOVED - Amendment 11 (Stremler): Allow vertical mine expansion revisions — REMOVED - Remaining amendments a…

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**Agricultural Land and Water Integration** The Washington Water Trust study examined whether three rural study areas (Custer Grandview, Guide Aldrich, and Ten Mile) could support the county's agricultural preservation goals. The analysis revealed 756 potential additional development units across the three areas, with insufficient irrigation water rights and limited access to existing infrastructure. Jason Hatch from the Water Trust explained that climate change will further constrain water availability, requiring either significant infrastructure investment or adaptation to drought-resistant, high-value crops. The study's implications extend far beyond these specific areas, calling into question the entire premise of preserving rural lands for agriculture without securing adequate water supplies. **Surface Mine Regulation** Council Member Stremler's proposal to allow vertical mine expansions through administrative revision rather than conditional use permits sparked intense debate. Stremler argued that requiring full conditional use permits for vertical expansions would increase costs and reduce local gravel supply, ultimately driving up construction and housing costs. Planning staff countered that vertical expansions below the groundwater table pose significant environmental risks requiring public input. Andy Wiser noted that a recent hearing examiner ruling rejected vertical expansion through administrative revision due to potential environmental impacts a…
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**Council Member Ben Elenbaas** took the strongest agricultural advocacy stance, warning against preserving farmland without securing water rights and expressing frustration that agricultural viability concerns aren't being addressed in land use planning. He strongly supported both his well placement amendment and Stremler's mining proposal. **Council Member Mark Stremler** focused on reducing regulatory barriers affecting construction costs, particularly supporting streamlined vertical mine expansions to maintain local gravel supply and lower development expenses. **Council Member Jon Scanlon** supported removing both controversial amendments to allow more study time while advocating for regional water system connections and infrastructure planning. **Council Member Todd Donovan** opposed the committee's approach, preferring to advance only one ame…
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**Council Member Elenbaas, on agricultural land preservation:** "Don't preserve land for us farmers if we're not going to have the ability to put the waters of the state to beneficial use, because it won't be viable. And the purpose of the zone is a viable economy." **Council Member Stremler, on mining regulations:** "Bottom line is the industry is saying that if vertical is included in this, that it's going to be more burdensome. There's more cost. And they may just say, in a sense, the heck…
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**Immediate Actions:** - Full Council introduction of AB2025-810 (substitute version excluding amendments 3 and 11) - Public hearings scheduled for both ADU ordinances (AB2025-812 and AB2025-838) - Planning staff to determine next steps for removed amendments **Future Discussions:** - Planning Unit invitation for joint meeting with Council to discuss water study findings …

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The committee's 2-1 vote to advance a substitute version of AB2025-810 removed two controversial amendments from consideration while preserving other needed code updates. This decision separates routine code maintenance from policy disputes requiring additional study. Amendment 3 (wells on reserve tracts) and Amendment 11 (mine expansion revisions) were extracted for future consideration, potentially through the county's formal code amendment docket process. This creates a pathway for more thorough review…
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# Whatcom County Planning and Development Committee — December 9, 2025 ## Meeting Overview The Whatcom County Planning and Development Committee convened on December 9, 2025, for a packed 97-minute session that tackled some of the county's most complex land and water challenges. Committee Chair Ben Elenbaas presided over the hybrid meeting with all three committee members present: Todd Donovan, Jon Scanlon, and Elenbaas himself. Also attending were Council members Barry Buchanan, Tyler Byrd, Kaylee Galloway, and Mark Stremler. The meeting centered on three major items: a comprehensive presentation on water availability for agricultural lands, a contentious debate over mining regulations and agricultural lot clustering, and a discussion about new state requirements for accessory dwelling units. What emerged was a portrait of a county grappling with fundamental questions about growth, water scarcity, and how to balance competing interests in land use planning. ## The Water Crisis Reality Check The centerpiece of the meeting was a detailed presentation from the Washington Water Trust about their Land and Water Integration Study — research that delivered sobering conclusions about the county's agricultural future. Jason Hatch and Solvei Metcalf from the Water Trust, along with Planning Unit representatives Kaia Hayes and Henry Bierlink, presented findings that fundamentally challenge assumptions about farmland preservation in Whatcom County. The study examined three Rural Study Areas (RSAs) — Custer Grandview, Guide Aldridge, and Ten Mile — areas designated for potential agricultural use but currently zoned rural. These areas contain parcels ranging from small 5-acre plots to larger 20-acre tracts, with significant development potential still unrealized. Guide Aldridge alone has 196 potential development units available under current zoning, while Custer Grand…
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### Meeting Overview The Whatcom County Council Planning and Development Committee met on December 9, 2025, to receive a presentation on a land and water integration study and discuss several code amendments. The meeting focused primarily on water availability for agricultural lands and proposed changes to mining and housing regulations. ### Key Terms and Concepts **Water Resources Inventory Area 1 (WRIA 1):** The watershed planning unit for the Nooksack River basin in Whatcom County that coordinates water resource management and planning. **Planning Unit:** A collaborative body that includes representatives from various interest groups (agricultural, environmental, municipal, etc.) that provides input on water resource planning in WRIA 1. **Rural Study Areas (RSAs):** Designated rural areas in the county that are being evaluated for potential agricultural use, with three specific areas studied: Custer-Grandview, Guide-Aldridge, and Ten Mile. **Administrative Use Permit (ADM) Revision:** A streamlined permit process that allows minor modifications to existing permits without requiring a full public hearing process. **Vertical vs. Lateral Mine Expansion:** Vertical expansion means digging deeper (below groundwater table), while lateral expansion means expanding the mining area sideways. Different environmental and regulatory considerations apply to each. **Accessory Dwelling Units (ADUs):** Secondary housing units on single-family residential properties, subject to new state preemptive regulations requiring local jurisdictions to allow up to two ADUs per lot in urban growth areas. **Urban Growth Areas (UGAs):** Areas designated for future urban development under the Growth Management Act, intended to be served by urban services and eventually annexed by cities. **Co-living Housing:** A housing arrangement where individual rooms in a residence are rented separately while common areas like kitchens are shared. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Ben Elenbaas | Committee Chair, Farmer | | Jon Scanlon | Committee Member | | Todd Donovan | Committee Member | | Gary Stoyka | Public Works Department | | Jason Hatch | Washington Water Trust, Project Manager | | Solvei Metcalf | Washington Water Trust, Project Associate | | Kaia Hayes | Planning Unit, Environmental Caucus Representative | | Henry Bierlink | Planning Unit, Agriculture Caucus Representative | | Lucas Clark | Planning and Development Services | | Amy Keenan | Planning and Development Services | | Andy Wiser | Planning and Development Services | | Maddie Schacht | Planning and Development Services | | Aly Pennucci | Deputy County Executive | | Mark Personius | Planni…
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Land Use & Planning Environmental Government Operations AB 2025 810 AB 2025 812 AB 2025 838 AB 2025 851 Department Natural Resources Hearing Examiner Surface Mining Advisory Committee Washington Water Trust Whatcom County Health Department Whatcom County Planning Development Services Wria 1 Planning Unit Aly Pennucci Amy Keenan Andy Wiser Ben Elenbaas Cathy Halka Gary Stoyka Hayli Hruza Henry Bierlink Jason Hatch Jon Scanlon Kaia Hayes Kaylee Galloway Lucas Clark Maddie Schacht Mark Personius Mark Stremler Solvei Metcalf Todd Donovan Accessory Dwelling Units Agricultural Lands Agricultural Viability Annexation Building Permits Cluster Development Code Revisions Comprehensive Plan Conditional Use Permits Environmental Impacts Groundwater Protection Land Use Planning Mining Permits Public Hearings Public Sewer Rural Development Septic Systems Surface Mining Urban Growth Areas Water Availability Water Resources Well Regulations Zoning Amendments