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Whatcom County Council Planning and Development Committee

WHA-PDV-2025-11-05 November 05, 2025 Planning Committee Whatcom County
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The Whatcom County Planning and Development Committee unanimously recommended approval of a contentious open space tax assessment application for a 30-acre forested property near Everson. The application by landowner Colin Stevens initially faced resistance from the Planning Commission, which recommended denial unless public access was granted, despite the property scoring well above the required threshold. The property features mature old-growth forest over 100 years old, complex wetlands, and documented bald eagle habitat, all protected by a restrictive conservation easement through Whatcom Land Trust. Stevens faced a 935% property tax increase after the property was removed from its previous open space classification due to technical issues when he purchased it. He originally sought to minimize public access due to the sensitive habitat, but ultimately agreed to provide limited public access to secure the tax benefits. Committee members expressed sympathy for Stevens' situation and recognized the property's exceptional conservation value, with scores significantly higher than typical applications. The committee approved the application as written, including Stevens' proposed limited public access plan that would allow general public access to specific trails leading to a pond and picnic area, while restricting full property access to guided tours by qualified conservation groups.

**AB2025-769 - Stevens Open Space Application:** RECOMMENDED FOR APPROVAL AS WRITTEN **Vote Count:** 2-0 (Elenbaas: Yes, Scanlon: Yes; Donovan: Absent) **Staff Recommendation:** Approval (property scored 66.17, well above 45-point threshold) **Planning Commission Recommendation:** Conditional denial unless public access provided **Council Action vs. Staff:** Aligned with staff recommendation **Key Details:** Applicat…

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**Open Space Program Mechanics:** Alexander Harris explained the county's public benefit open space program, which allows property owners to have land valued at current use rather than highest and best use, resulting in reduced property taxes. The program requires properties to score above 45 points using a decades-old Public Benefit Rating System that evaluates ecological, recreational, and scenic values. Properties scoring above 45 automatically receive staff recommendation for approval. **Public Access Requirements and Waivers:** The discussion centered on whether public access should be required given the property's sensitive ecological features. Harris noted that public access is generally required unless Council decides to waive the requirement, which often occurs when conservation easements or sensitive habitat would be incompatible with public access. The property initially scored around 50 points with…
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**Colin Stevens, Landowner:** Emphasized the property's conservation history and his willingness to accommodate limited public access while protecting sensitive habitat. Preferred guided tours by conservation experts but agreed to general public access for specific areas to secure tax benefits. Stressed the financial burden of losing open space status and the inadequacy of current tax assessment practices for conservation easement properties. **Alexander Harris, Planning Staff:** Supported approval based on the property's high scoring and conservation value. Explained the technical aspects of …
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**Colin Stevens, on his tax increase:** "I was expecting, like. 30, 50% increase in property taxes. It was actually 935%. So quite the shock." **Council Member Kaylee Galloway, on program eligibility:** "I think this is a great candidate for this programme... I think it's council's role, not the planning commission's role to authorise waivers." **Council Member Ben Elenbaas, on the property's quality:** "I would be open to some restrictions, but overall, I think that. 900% decrease will be a…
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The application moves to the full County Council for final consideration at their evening session on November 5, 2025. Stevens was encouraged to attend or participate remotely to speak during public comment. If approved by full Council, staff will work with Stevens to finalize detailed public access rules, including specific maps, timing restriction…

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The Planning and Development Committee reversed the Planning Commission's conditional denial recommendation, instead recommending full approval of Stevens' open space application. The committee accepted Stevens' compromise proposal for limited public access rather than requiring more extensive access or denying the application entirely. Stevens' willingness to provide public access increased his property's scoring from approximately 50 points to 66.17 points, making this one of the highest-scor…
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## MODULE S1: STUDY GUIDE ### Meeting Overview The Whatcom County Planning and Development Committee met on November 5, 2025, to review a single open space application. Committee members Ben Elenbaas and Jon Scanlon recommended approval of the Stevens property application for open space current use assessment, which would significantly reduce the landowner's property taxes in exchange for conservation protections and limited public access. ### Key Terms and Concepts **Open Space Current Use Assessment:** A tax program that allows property owners to have their land valued at current use instead of highest and best use, resulting in reduced property taxes in exchange for conservation commitments. **Conservation Easement:** A legal agreement that permanently restricts development on a property to protect its environmental values, in this case held by Whatcom Land Trust. **Public Benefit Rating System (PBRS):** A scoring system used to evaluate open space applications, with properties scoring over 45 points eligible for staff recommendation approval. **Current Use vs. Highest and Best Use:** Current use values land based on its present condition (forest, wetland), while highest and best use considers development potential (subdivision into 5-acre parcels). **Planning Commission:** County advisory body that reviews applications and makes recommendations to the County Council before final decisions. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Ben Elenbaas | Committee Chair | | Jon Scanlon | Committee Member | | Todd Donovan | Committee Member (absent) | | Alexander Harris | County Planner, Planning and Development Services | | Collin Stevens | Property Owner/Applicant | ### Background Context This application highlights the tension between conservation goals and public access requirements in Whatcom County's open space program. The Stevens property features over 30 acres of mature forest and wetlands protected by a conservation easement, but the landowner initially preferred no p…
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### Meeting Overview The Whatcom County Planning and Development Committee met on November 5, 2025, to review a single open space application. Committee members Ben Elenbaas and Jon Scanlon recommended approval of the Stevens property application for open space current use assessment, which would significantly reduce the landowner's property taxes in exchange for conservation protections and limited public access. ### Key Terms and Concepts **Open Space Current Use Assessment:** A tax program that allows property owners to have their land valued at current use instead of highest and best use, resulting in reduced property taxes in exchange for conservation commitments. **Conservation Easement:** A legal agreement that permanently restricts development on a property to protect its environmental values, in this case held by Whatcom Land Trust. **Public Benefit Rating System (PBRS):** A scoring system used to evaluate open space applications, with properties scoring over 45 points eligible for staff recommendation approval. **Current Use vs. Highest and Best Use:** Current use values land based on its present condition (forest, wetland), while highest and best use considers development potential (subdivision into 5-acre parcels). **Planning Commission:** County advisory body that reviews applications and makes recommendations to the County Council before final decisions. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Ben Elenbaas | Committee Chair | | Jon Scanlon | Committee Member | | Todd Donovan | Committee Member (absent) | | Alexander Harris | County Planner, Planning and Development Services | | Collin Stevens | Property Owner/Applicant | ### Background Context This application highlights the tension between conservation goals and public access requirements in Whatcom County's open space program. The Stevens property features over 30 acres of mature forest and wetlands protected…
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Land Use & Planning Budget & Finance Environmental Government Operations AB 2025 769 Assessor Office Conservation District Planning Commission Planning Development Services Whatcom Land Trust Alexander Harris Ben Elenbaas Cathy Halka Colin Stevens Jon Scanlon Kaylee Galloway Mark Stremler Todd Donovan Conservation Easements Forest Conservation Habitat Conservation Land Use Policy Open Space Program Property Taxation Public Access Tax Revenue Wetland Protection