Whatcom County Planning and Development Committee

**Hearing Examiner Code Clarifications**: Majumdar outlined three main categories of changes needed in Title 22. First, removing requirements for the hearing examiner to give notices to neighboring cities and agencies—a function better suited to the planning department that actually maintains those interagency relationships. Second, clarifying that appeal costs should be borne by appellants rather than original applicants, correcting what Majumdar called an unfair burden shift. Third, adding language allowing timeline adjustments for emergencies or illness. **Authority and Powers Definition**: The most substantive change involves filling a previously empty "Duties and Powers" section in county code 2.11. Majumdar emphasized the critical language stating the hearing examiner…

**Rajeev Majumdar, Hearing Examiner**: Advocated strongly for the code clarifications, emphasizing his proactive approach to identifying problems before they create issues. Expressed willingness to participate in public hearings and noted his unavailability for August 6th but availability for September 9th. **Kimberly Thulin, Prosecuting Attorney's Office**: Clarified the legal determination that public hearings weren't required for these technical amendments, though supported the committee's decision to hold them anyway. **Jon Scanlon, Council M…

**Rajeev Majumdar, on his proactive approach:** "One thing I hope you'll get to know about me or have got to know about me. And I like to solve problems before they happen." **Ben Elenbaas, thanking the hearing examiner:** "This is exactly what we asked you to do when we appointed you. And so I appreciate the fact that you've followed through when you see something that's not right that we need to fix, you bring it to us." **Jon Scanlon, on requesting public hearings:** "I would like to giv…

The committee established a clear process for public review of all three hearing examiner code amendments, despite legal determination that such review wasn't required. This adds approximately six weeks to the timeline but ensures community input on procedural changes affecting land use appeals. AB2025-539 was specifically held from immediate council action and redirected to a September public hearing, …

### Meeting Overview The Whatcom County Planning and Development Committee met on July 22, 2025, with Chair Ben Elenbaas presiding over a focused 26-minute discussion. The meeting centered on three code amendments proposed by Hearing Examiner Rajeev Majumdar to clarify roles, duties, and authority in the hearing examiner process. ### Key Terms and Concepts **Hearing Examiner:** A quasi-judicial official who conducts public hearings on land use applications and appeals, making decisions based on evidence and legal standards rather than policy preferences. **Title 22:** The section of Whatcom County Code that governs land use and development regulations, including procedures for hearings and appeals. **Growth Management Act (GMA):** State law requiring comprehensive planning and development regulations, with specific procedures for code amendments that may affect land use policy. **Subpoena Power:** Legal authority to compel witnesses to appear or produce documents, which the hearing examiner has but lacks enforcement mechanisms if ignored. **Intervenors:** Third parties who join hearing examiner proceedings, often neighbors or community members affected by a proposed development. **Remand:** The power to send a decision back to the original decision-maker (typically the planning department) with specific instructions for reconsideration. **Public Hearing Requirement:** Formal process allowing public comment on proposed ordinances, with specific legal requirements depending on the type of code amendment. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Ben Elenbaas | Planning and Development Committee Chair | | Todd Donovan | Committee Member | | Jon Scanlon | Committee Member | | Rajeev Majumdar | Whatcom County Hearing Examiner | | Kimberly Thulin | Prosecuting Attorney's Office | | Cathy Halka | Clerk of the Council | ### Background Context Thes…