County Council Review
Updated December 7, 2017
The County Council has completed it's review and adopted a revised CAO on December 5, 2017. The new code will be in effect on December 15, 2017.
Please note that the new CAO only pertains to those areas of the County not within the Shoreline jurisdiction of the Shoreline Management Plan (200' inland of Waters of the State). For those areas within the Shoreline jurisdiction, the existing (2005) CAO will still govern until the Dept. of Ecology approves a limited amendment to the Shoreline Management Plan updating the date of the referenced CAO. This is anticipated to take 3-6 months.
Please note that the new CAO only pertains to those areas of the County not within the Shoreline jurisdiction of the Shoreline Management Plan (200' inland of Waters of the State). For those areas within the Shoreline jurisdiction, the existing (2005) CAO will still govern until the Dept. of Ecology approves a limited amendment to the Shoreline Management Plan updating the date of the referenced CAO. This is anticipated to take 3-6 months.
Adopted Documents
- Exhibit A – The adopted Critical Areas Ordinance code (clean copy)
- Exhibit A – The adopted Critical Areas Ordinance code (marked up copy showing amendments)
- Exhibit B – Whatcom County Critical Areas Ordinance Best Available Science Review and Recommendations for Code Update, 2005
- Exhibit C – Whatcom County Critical Areas Ordinance 2017 Update Best Available Science Review: Addendum to the 2005 BAS Report (as of 11/2/17)
Council Review Schedule
| Date: | Before the: | Topic: |
|---|---|---|
| 9/20/16 (day) | COTW | Overview |
| 10/25/16 (evening) | County Council | • Public Hearing |
| 1/10/17 (day) | COTW | • Art 2 – Administrative Provisions
• Art 1 – Purpose • Art 5 – Critical Aquifer Recharge Areas • Art 5.5 – Lummi Island • Art 9 – Definitions |
| 1/24/17 (day) | COTW | • Art 4 – Frequently Flooded Areas
• Art 7 – Habitat Conservation Areas |
| 2/7/17 (day) | COTW | • Art 6 – Wetlands • Art 8 – Conservation Program on Agriculture Lands |
| 2/21/17 (day) | COTW | • Art 3 – Geologically Hazardous Areas |
| 3/7/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 3/21/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 4/4/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 4/18/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 5/2/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 5/16/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 5/30/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 6/13/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 6/27/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 7/11/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 7/25/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 8/8/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 9/12/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 9/26/17 (day) | COTW | Review of Council suggestions and outstanding issues |
| 10/10/17 (evening) | County Council | Introduction of ordinance (Note: The Council chose not to introduce the ordinance and instead requested another workshop.) |
| 10/24/17 (day) | COTW | Council Workshop on remaining issues |
| 11/8/17 (day) | COTW | Council Workshop on remaining issues and Council suggestions |
| 11/21/17 (day) | COTW | Council Workshop on remaining issues and Council suggestions |
| 11/21/17 (evening) | County Council | Introduction of ordinance |
| 12/5/17 (evening) | County Council | Public Hearing #2 and adoption of the ordinance |
Planning Commission Recommendations
Additional Materials County Council Received
| Document | Meeting Date |
|---|---|
| 2005 BAS Report | Provided via web |
| Staff Memo 01 | 9/20/16 |
| PowerPoint Presentation 01 | 9/20/16 |
| Staff Memo 02 | 1/10/11 |
| PowerPoint Presentation 02 | 1/10/17 |
| Staff Memo 03 | 1/24/17 |
| PowerPoint Presentation 03 | 1/24/17 |
| Staff Memo 04 | 2/7/17 |
| PowerPoint Presentation 04 | 2/7/17 |
| Staff Memo 05 | 2/21/17 |
| PowerPoint Presentation 05 | 2/21/17 |
| Staff Memo 06 | 3/7/17 |
| Staff Memo 07 | 4/4/17 |
| Staff Memo 08 | 4/18/17 |
| Staff Memo 09 | 5/2/17 |
| Staff Memo 10 | 5/16/17 |
| Staff Memo 11; attachment 1; attachment 2; attachment 3; attachment 4 | 5/30/17 |
| Staff Memo 12 | 5/30/17 |
| Staff Memo 13 | 6/16/17 |
| Staff Memo 14; attachment A; attachment B; attachment C; attachment D; | 6/27/17 |
| Staff Memo 15 | 7/11/17 |
| Staff Memo 16 | 7/25/17 |
| Staff Memo 17 | 8/8/17 |
| Staff Memo 18 | 9/12/17 |
| Staff Memo 19 & Addendum | 9/26/17 |
| Staff Memo 20 | 10/10/17 |
| Staff Memo 21; attachment A; attachment B; attachment C; attachment D | 10/27/17 |
| Staff Memo 22 | 11/8/17 |
| Staff Memo 23 | 11/21/17 |
Best Available Science Documents
| Ref# | Author | Document Name |
|---|---|---|
| 1 | FEMA | NFIP Floodplain Management Requirements A Study Guide & Desk Reference for Local Officials |
| 2 | NMFS/USFW | Endangered Species Act − Section 7 Consultation, Final Biological Opinion |
| 3 | WSDOT/ECY | A Framework for Delineating Channel Migration Zones |
| 4 | Whatcom County | Erosion and Avulsion Hazard Mapping and Methodologies for use in the Nooksack River Channel Migration Zone Mapping |
| 5 | Marton, et al. | Geographically Isolated Wetlands are Important Biogeochemical Reactors on the Landscape |
| 6 | USACE, ECY, & WDFW | Interagency Regulatory Guide: Advance Permittee-Responsible Mitigation |
| 7 | USEPA | Connectivity of Streams & Wetlands to Downstream Waters: A Review & Synthesis of the Scientific Evidence |
| 8 | USFW | National Wetland Inventory maps for the Puget Sound Region |
| 9 | Van Meter and Basu | Signatures of human impact: size distributions and spatial organization of wetlands in the Prairie Pothole landscape |
| 10 | ECY | Wetlands in Washington State - Volume 1: A Synthesis of the Science |
| 11 | ECY | Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing Wetlands |
| 12 | ECY | Making Mitigation Work: The Report of the Mitigation that Works Forum |
| 13 | ECY | Update on Wetland Buffers: The State of the Science |
| 14 | ECY | Wetland Rating Form for Western Washington |
| 15 | ECY | Wetlands in Washington State Volume 2, Appendix 8-C: Guidance on Widths of Buffers and Ratios for Compensatory Mitigation for Use with the Western Washington Wetland Rating System |
| 16 | ECY | Washington State Wetland Program Plan, 2015 |
| 17 | Nelson | Mapping Biodiversity in Whatcom County: Data & Methods |
| 18 | NOAA Fisheries | Critical habitat maps |
| 19 | USFW | Critical Habitat Maps and List of Threatened and Endangered Species |
| 20 | ECY | Puget Sound Characterization Project |
| 21 | WDFW | Local Habitat Assessment for Whatcom County |
| 22 | WDFW | High Resolution Change Detection Project - Land cover Change by Subbasin for Whatcom County |
| 23 | WDFW | Priority Habitats and Species (PHS) Database |
| 24 | DNR | Washington Natural Heritage Database |
| 25 | Whatcom County | Significant Wildlife Areas, Whatcom County |
| 26 | Haddad, et al. | On Experimentation and the Study of Corridors: Response to Beier and Noss |
| 27 | Noss & Beier | Arguing over the Little Things: Response to Haddad et al. |
| 28 | Rosenberg, et al. | Towards a Definition of Biological Corridor |
| 29 | Rosenberg, et al. | Biological Corridors: Form, Function, and Efficacy |
| 30 | ECONorthwest | The Economic Value of Beaver Ecosystem Services |
| 31 | Pollock, et al. | Using Beaver Dams to Restore Incised Stream Ecosystems |
| 32 | Pollock, et al. | The Beaver Restoration Guidebook: Working with Beaver to Restore Streams, Wetlands, and Floodplains |
| 33 | Walker, et al. | An Innovative Solution for Water Storage and Increased Late Summer Flows in the Columbia River Basin |
| 34 | FEMA | Floodplain Habitat Assessment and Mitigation: Regional Guidance for the Puget Sound Basin |
| 35 | Judge | 2011 Implementation Status Assessment Report: A Qualitative Assessment of Implementation of the Puget Sound Chinook Salmon Recovery Plan |
| 36 | Penttila | Marine Forage Fishes in Puget Sound |
| 37 | Small, et al. | Temporal and Spatial Genetic Structure among Some Pacific Herring Populations in Puget Sound and the Southern Strait of Georgia |
| 38 | WDFW | Land Use Planning for Salmon, Steelhead, and Trout |
| 39 | WDFW | 2012 Washington State Herring Stock Status Report, June 2014 |
| 40 | Brennan | Marine Riparian Vegetation Communities of Puget Sound |
| 41 | Cereghino, et al. | Strategies for nearshore protection and restoration in Puget Sound |
| 42 | Clancy, et al. | Management Measures for Protecting the Puget Sound Nearshore |
| 43 | Dethier | Native Shellfish in Nearshore Ecosystems of Puget Sound |
| 44 | Finlayson | The geomorphology of Puget Sound beaches |
| 45 | Fresh | Juvenile Pacific Salmon in Puget Sound |
| 46 | Fresh, et al. | Guidance for protection and restoration of the nearshore ecosystems of Puget Sound |
| 47 | Fresh, et al. | Implications of Observed Anthropogenic Changes to the Nearshore Ecosystems in Puget Sound |
| 48 | Gelfenbaum, et al. | Coastal Habitats in Puget Sound: A research plan in support of the Puget Sound Nearshore Partnership |
| 49 | Gleason, et al. | A Conservation Assessment of West Coast (USA) Estuaries |
| 50 | Goetz, et al. | Guiding restoration principles |
| 51 | Greiner | Principles for Strategic Conservation and Restoration |
| 52 | Johannessen and MacLennan | Beaches and Bluffs of Puget Sound |
| 53 | Kriete | Orcas in Puget Sound |
| 54 | Lanksbury, Niewolny, Carey, and West | Toxic Contaminants in Puget Sound’s Nearshore Biota: A Large-Scale Synoptic Survey Using Transplanted Mussels (Mytilus trossulus) |
| 55 | Leschine and Petersen | Valuing Puget Sound’s Valued Ecosystem Components |
| 56 | Mumford | Kelp and Eelgrass in Puget Sound |
| 57 | Schlenger, et al. | Strategic Needs Assessment: Analysis of Nearshore Ecosystem Process Degradation in Puget Sound |
| 58 | Shipman | A Geomorphic Classification of Puget Sound Nearshore Landforms |
| 59 | Simenstad, et al. | Historical Change & Impairment of Puget Sound Shorelines |
| 60 | Van Cleve, et al. | Application of “best available science” in ecosystem restoration: lessons learned from large-scale restoration eff orts in the USA |
| 61 | Bogan, Hwan, & Carlson | High Aquatic Biodiversity in an Intermittent Coastal Headwater Stream at Golden Gate National Recreation Area, CA |
| 62 | Brown, Maudlin, & Hansen | Nooksack River Estuary Habitat Assessment |
| 63 | US EPA | Connectivity of Streams & Wetlands to Downstream Waters: A Review & Synthesis of the Scientific Evidence |
| 64 | WDFW | Landscape Planning for Washington’s Wildlife: Managing for Biodiversity in Developing Areas |
| 65 | Carey & Cummings | Sumas-Blaine Aquifer Nitrate Contamination Summary |
| 66 | Bentrup | Conservation buffers: design guidelines for buffers, corridors, and greenways |
| 67 | Cox & Kahle | Hydrogeology, groundwater quality, and sources of nitrate in lowland glacial aquifers of Whatcom County, Washington, and British Columbia, Canada |
| 68 | WWGMHB | WEAN v Island County, Final Decision & Order |
| 69 | Island County Planning and Community Development | Letter to the Island County Planning Commission from Assistant Director Jeff Tate, explaining their review of NRCS Best Management Practices constituting Best Available Science |
| 70 | Redding, Carey, & Sinclair | Nitrate Contamination in the Sumas-Blaine Aquifer, Whatcom County, Washington |
| 71 | Thurston County Superior Court | WEAN v WWGMHB et al Letter Opinion |
| 72 | USDA, NRCS | Field Office Technical Guide (FOTG) |
| 73 | US EPA | Risk Assessment Evaluation for Concentrated Animal Feeding Operations |
| 74 | WA Dept. of Commerce, Growth Management Services | Letter from Leonard Bauer to Phil Bakke regarding Agricultural uses in Island County and Memorandum on use of NRCS BMPs to Protect Critical Areas |
| 75 | Barnard, et all. | Water Crossings Design Guidelines |
| 76 | Harris | CAO Exemptions for Passive Low Impact Activities |
| 77 | Porter, Jakob, & Holm | Risk-based landslide safety assessments in Canada |
| 78 | Porter & Morgenstern | Landslide Risk Evaluation – Canadian Technical Guidelines and Best Practices related to Landslides: a national initiative for loss reduction |
| 79 | Guthrie, et al. | The 6 August 2010 Mount Meager rock slide-debris flow, Coast Mountains, British Columbia: characteristics, dynamics, and implications for hazard and risk assessment |
| 80 | Whatcom County | Whatcom County Natural Hazards Mitigation Plan |
| 81 | CPS GMHB | Tahoma Audubon Society, People For Puget Sound, and Citizens For A Healthy Bay v. Pierce County, Park Junction Partners, and Snohomish County, Final |
| 82 | Whatcom Conservation District | Dept. of Ecology EIM Well Data Analysis |
| 83 | Adamus | Wetland functions: not only about size |
| 84 | Detenbeck | SLOSS (single large or several small) or not? Factoring wetland size into decisions for wetland conservation, enhancement, restoration, and creation |
| 85 | Semlitsch, et al. | Small, clustered wetlands promote amphibian persistence |
| 86 | Gibbs | Importance of small wetlands for the persistence of local populations of wetland-associated animals |
| 87 | Richter & Azous | Amphibian occurrence and wetland characteristics in the Puget Sound Basin |
| 88 | Raisin | The role of small wetlands in catchment management: Their effect on diffuse agricultural pollutants |
| 89 | Semlitsch & Bodie | Are small isolated wetlands expendable? |
| 90 | Gaines, Singleton & Ross | Assessing the cumulative effects of linear recreation routes on wildlife habitats on the Okanogan and Wenatchee National Forests |
| 91 | Redding | Nitrate Trends in the Central Sumas-Blaine Surficial Aquifer |
| 92 | Koeser, et al. | Tree Risk Assessment Methods: A Comparison of Three Common Evaluation Forms |
| 93 | Carey | Sumas-Blaine Aquifer Long-Term Groundwater Quality Monitoring, 2009-2016 |
Comments Received by Staff Prior to Planning Commission Review
| Member of: | Name |
|---|---|
| CAC | A. Borders |
| CAC | K. Blystone |
| CAC | L. Sachs |
| CAC | R. Almskaar |
| CAC | V. Watson |
| CAC | W. Harris |
| CAC | W. Kentch |
| TAC | B. Rubash |
| TAC | D. McShane |
| TAC | J. Ingram |
| TAC | K. Kuhlman |
| TAC | O. Grah |
| TAC | R. Ericson |
| TAC | S. Meyer |
| TAC | W. Steffensen |
| Public | G. Boggs |
| Public | Various |
| Staff | A. Dearborn |
| Staff | A. Wiser |
| Staff | C. Elder |
| Staff | C. Strong |
| Staff | E. Page |
| Staff | J. Thompson |
| Staff | M. Kershner |
| Staff | M. Mahaffie |
| Staff | R. Ericson |
| Staff | T. Bouma |
| Staff | W. Fitch |