Whatcom County Planning Commission

The primary policy discussion centered on Whatcom County's Open Space Taxation Program, which provides property tax reductions for landowners who conserve lands providing public benefits. Under RCW 84.34 and County Ordinance No. 1995-040, the program assesses properties based on current use rather than highest and best use, providing financial incentives for voluntary conservation. The Lane application represents a straightforward case where private conservation efforts align with county conservation goals. The property serves multiple public benefits including wildlife habitat protection, stream corridor preservation, wetland conservation, and participation in fish barrier removal projects. The existing conservation easement already prohibits development, hunting, and other activitie…

**Alexander Harris (PDS Staff):** Recommended approval of both the Open Space designation and public access waiver. Emphasized the property's high ecological value, presence of endangered species, heavy elk usage, and the landowners' cooperation with fish barrier removal efforts. **Ken and Cary Lane (Property Owners):** Requested Open Space classification and public access waiver. Have invested in ecosystem restoration and conservation over 30 years, purchasing multiple parcels for conservation purposes. Expressed concerns that public access would increase illegal hunting and threaten wildlife. **Whatcom Land Trust:** Submitted let…

**Alexander Harris, on the wildlife habitat value:** "The property is used heavily by various wildlife species, including elk. In fact, while on the property, staff encountered a herd of ~75 elk that were emerging from the forest and crossing onto a neighboring parcel." **Harris, on the conservation easement:** "The easement prohibits development, commercial timber harvest, subdivision, hunting, trapping, and numerous other activities that would undermine the pu…

The Lane Open Space application moved from staff evaluation phase to public hearing and commission discussion phase. No formal decisions were made, but the application advanced in the review process toward eventual Planning Commission recommendation. Staff allocated 20 discretionary points to the application based on landowner cooperation with the Black Slough Barrier Culverts Replacement Project, bringin…

### Meeting Overview The Whatcom County Planning Commission convened on March 12, 2026, to review an open space land application from landowners Ken and Cary Lane, whose 38.64-acre forested wetland property seeks classification under the state's Open Space Taxation Act for reduced property taxes in exchange for conservation benefits. ### Key Terms and Concepts **Open Space Taxation Act (RCW 84.34):** Washington State law allowing property taxes to be based on current use rather than highest and best use, providing financial incentives to preserve lands for conservation, agriculture, or forestry. **Public Benefit Rating System (PBRS):** Whatcom County's point-based evaluation system for open space applications, where properties must score at least 45 points to receive staff recommendation for approval. **Conservation Easement:** A legal agreement restricting future development or use of land to protect its conservation values; 34 of the Lane property's 38.64 acres are protected by a Whatcom Land Trust easement. **Discretionary Points:** Up to 40 additional points that can be added to or subtracted from a PBRS score based on public benefits not covered by standard criteria. **Current Use Value:** Property tax assessment based on how land is currently used (like conservation) rather than its potential development value, resulting in significantly lower taxes. **Public Access Waiver:** County Council's authority to exempt open space properties from the usual requirement to allow public access, typically granted for sensitive wildlife habitat or archaeological sites. **Fish Barriers:** Human-made obstacles like culverts that prevent fish from reaching spawning habitat; the Lanes agreed to work with county Public Works to remove such barriers on their property. **Black Slough:** A salmon-bearing waterway system running through the Lane property, important for South Fork Chinook salmon rearing and a focus of county wetland restoration efforts. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Daniel Dunne | Planning Commission Chair | | Alexander Harris | County Planner II presenting the application | | Mark Personius | Planning & Development Services Director | | Ken and Cary Lane | Property owners/applicants (not present but referenced) | | Jon-Paul Shannahan | Environmental Programs Manager, Public Works (referenced in documents) | ### Background Conte…