Whatcom County Planning Commission

**ADU Reform Implementation** The commission grappled with implementing state mandates (RCW 36.70A.680/.681) requiring counties to allow up to two ADUs in urban growth areas by December 31, 2025. Staff recommended limiting changes to residential zones within UGAs while excluding agricultural, forestry, and general commercial areas. Commissioner Dunn advocated for the broadest possible interpretation, arguing the state guidance requires allowing ADUs in all zones that permit single-family homes. However, commissioners expressed concerns about infrastructure capacity, particularly in rural forestry areas where fire and emergency services are limited. The discussion revealed tension between housing advocates pushing for maximum flexibility and pragmatists worried about unintended consequences. Amy Keenan noted that cities generally don't extend sewer and water into UGAs unless annexing property, creating infrastructure barriers that ADU policies alone can…

**Planning Staff** (Maddie Schacht, Mark Personius, Amy Keenan): Recommended cautious implementation focusing on residential zones in UGAs while preserving existing rural protections. Emphasized legal risks of amending rural ADU code without state statutory protection. **Commissioner Daniel Dunn**: Advocated for maximum permissiveness in ADU regulations, arguing for compliance with state guidance and removing barriers to housing production. Prepared detailed motions based on state requirements. **Commissioner Jim Hansen**: Opposed expanding ADU allowances to rural forestry areas, citing ser…

**Mark Personius, on rural ADU code risks:** "If you don't touch that code, it can't be repealed. If you start amending it, you open it back up to appeal. And there's no overarching state regulation yet, state statutory authority that grants protection to change and allow ADUs in rural areas." **Commissioner Dunn, on his ADU philosophy:** "I feel like we should comply with the law and then within the law allow people to do as much as possible what they want to do with their property. So someb…

**ADU Policy Expansion**: County will now allow co-living housing in all UGA zones and permit conversion of existing barns/outbuildings to ADUs. Sewer service requirements removed for second ADUs, potentially enabling more rural UGA development. **Permit Process Improvements**: Language changed from "permits shall be non-transferable" to "transferable if conditions met," streamlining business transfers and property sales. **School Development Freedom**: Wade King Elementary exempted from impervious surface limits, enabling campus expansion previously bl…

--- ## Meeting Overview The Whatcom County Planning Commission held a special meeting on October 30, 2025, at 6:00 p.m. in hybrid format at 5280 Northwest Drive, Bellingham. The meeting focused on two public hearings and work sessions on proposed code amendments for Accessory Dwelling Units (ADUs), co-living housing, and annual county code updates, followed by a work session on Urban Growth Area (UGA) proposals from Everson and Nooksack as part of the county's 2025 Comprehensive Plan periodic update. No public comment was received on any of the public hearings. --- ## Key Terms and Concepts **Accessory Dwelling Unit (ADU):** A secondary residential unit on the same lot as a primary home. ADUs can be attached (within or added to the main house) or detached (a separate structure such as a converted garage or backyard cottage). They are often used for rental income, multigenerational living, or affordable housing. **Urban Growth Area (UGA):** A boundary designated under Washington State's Growth Management Act identifying where urban development is expected to occur over a 20-year planning horizon. Cities annex land from UGAs and extend sewer and water services there; the county retains zoning authority until annexation occurs. **Co-living Housing:** As defined by the Washington State Department of Commerce, a residential development where individuals rent independently lockable sleeping units and share kitchen and common facilities. Sometimes called single-room occupancy, congregate living, or rooming houses. Distinct from co-housing cooperatives. **Preemptive State Regulation:** A state law that automatically takes effect and overrides local rules if a jurisdiction does not adopt its own conforming local code by a specified deadline. For ADUs and co-living, the deadline is December 31, 2025. **Growth Management Act (GMA):** Washington State law (RCW 36.70A) requiring fully planning counties and cities to adopt comprehensive plans and development regulations meeting state standards, updated on a periodic schedule. **Land Capacity Analysis:** A technical tool used to estimate how many housing units a jurisdiction can accommodate within its UGA boundary, broken down by income levels (0–80% AMI, 80–120% AMI, 120%+ AMI). Required by the state as part of comprehensive plan updates. **Floor Area Ratio (FAR):** The ratio of a building's total usable floor area to the area of the lot it sits on. A FAR of 6 means the total floor area of the building is six times the lot size — achievable through multi-story construction. **Conditional Use Permit (CUP):** A permit allowing a use not normally permitted outright in a zone, subject to specific conditions set by the Hearing Examiner or other authority. The meeting addressed the question of whether CUPs should be transferable when a property or business is sold. **LAMIARD (Limited Area of More Intensive Rural Development):** A rural area designated under the GMA where a higher level of development already exists, distinct from UGAs. The commission confirmed ADU amendments in this meeting apply only to UGAs, not LAMIARDs. --- ## Key People at This Meeting | Name | Role / Affiliation | |---|---| | Kelvin Barton | Planning Commission Chair | | Rud Browne | Planning Commissioner | | Daniel Dunne | Planning Commissioner | | Suneeta Eisenberg | Planning Commissioner (left at 8:30 p.m.) | | Jim Hansen | Planning Commissioner | | Julie Jefferson | Planning Commissioner (arrived 6:05 p.m.) | | Do…