Whatcom County  
Council Committee of the Whole  
COUNTY COURTHOUSE  
311 Grand Avenue, Ste #105  
Bellingham, WA 98225-4038  
(360) 778-5010  
Committee Minutes - Final  
Tuesday, March 10, 2026  
1 PM  
Hybrid Meeting - Council Chambers  
HYBRID MEETING - ADJOURNS BY 4:30 P.M. (PARTICIPATE IN-PERSON, SEE  
CALL 360.778.5010)  
COUNCILMEMBERS  
Elizabeth Boyle  
Barry Buchanan  
Ben Elenbaas  
Kaylee Galloway  
Jessica Rienstra  
Jon Scanlon  
Mark Stremler  
CLERK OF THE COUNCIL  
Cathy Halka, AICP, CMC  
Call To Order  
Roll Call  
Council Chair Kaylee Galloway called the meeting to order at 1:05 p.m. in a  
hybrid meeting.  
7 -  
Present:  
Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica  
Rienstra, Jon Scanlon, and Mark Stremler  
Announcements  
Galloway stated she would like to reorder the discussion of Comprehensive  
Plan chapters to: Chapter 1 (AB2026-185), Chapter 3 (AB2026-188), then  
Chapter 2 (AB2026-186).  
Special Presentation  
1.  
Presentation from Public Works regarding the National Pollutant Discharge  
Elimination System Permit and the Lake Whatcom Management Program  
Cathy Craver, Public Works Department, read from a presentation (on file)  
on the Western Washington Phase II Municipal Stormwater Permit and the  
nexus with the Lake Whatcom Total Maximum Daily Load (TMDL) and  
Lake Whatcom Management Program work they are doing. She also spoke  
about a Joint Councils and Commissioners meeting on April 1st.  
Scanlon stated if there is anything that comes up in the review of the current  
five-year Lake Whatcom implementation plan and of how things are going  
with the Lake Whatcom Management Program that they think was missed in  
the Comprehensive Plan he is open to that conversation and to seeing if  
there is anything else Council should be putting in the Comprehensive Plan  
to make sure we are doing a good job with the water quality in the lake.  
Galloway stated Lake Whatcom shows up mostly in Chapter 10 of the  
Comprehensive Plan and it has been reviewed by staff and others. She also  
referenced a memo on the topic written by Council staff.  
This agenda item was PRESENTED.  
2.  
Presentation by the Health and Community Services Housing Team on housing  
programs including severe winter shelter, Q4 program data, and upcoming priorities  
and funding  
The following people read from a presentation (on file):  
·
·
·
Ann Beck, Health and Community Services  
Michaela Mandala, Health and Community Services  
Chris D’Onofrio, Health and Community Services  
They spoke about the housing team in the Health and Community Services  
Department and what they do, highlights of the severe weather shelter for  
2025 and 2026, growing needs for services and that things that contribute to  
people becoming homeless are not changing in our community very  
quickly, an update on the 5 Year Housing Plan and the priorities for 2026,  
and that the Department of Housing and Urban Development (HUD)  
changed the way that they had proposed to release funds, to move away from  
funding permanent housing interventions in favor or more transitional  
housing, and how that might potentially impact Whatcom County permanent  
supportive housing programs.  
D'Onofrio answered where the County and City of Bellingham are with  
spending their respective funds for the severe winter shelter and what both  
might do with their unexpended funds. He stated they do not have a specific  
plan for money that is going to be left and do not think they will be tapping  
into the funds that the City offered as a kind of backstop, but he spoke about  
possible ways they might use the funds.  
Beck stated the money can be used across the entire housing system so they  
want to maximize it.  
Scanlon stated there is also Economic Development Investment (EDI)  
funding for housing, and asked if bonding capacity at the Housing Authority  
is being explored.  
Boyle thanked the team for their efforts.  
This agenda item was PRESENTED.  
Committee Discussion  
Update on 2026 State Legislative Session  
1.  
Jed Holmes, Executive's Office, updated on the legislative session and  
stated they are currently in a holding pattern waiting for the budgets to  
come out in their final form. They have been in close communication with  
legislators and are very hopeful about receiving money for flood hazard  
mitigation. The versions that were in the House and the Senate differed, but  
the County has expressed their opinion to focus on the Senate's version  
which included both more money and more flexibility for Whatcom  
County. The County’s legislative priorities of getting funding for the courts  
for adjudication and added flexibility for the 23-hour crisis center  
allocation both appear to be on track. The ferry district bill came out of the  
Senate on Friday night in a version that looks very helpful to Public Works’  
requests and vision for what a ferry district could look like but they are  
waiting for the House to concur on that. It all will be known by Thursday  
afternoon or Thursday evening.  
Holmes and Kayla Schott-Bresler, Executive's Office, answered if there has  
been conversation about alternate mechanisms for funding public defense  
for counties since the Legislature removed funding for that from the  
millionaire’s tax bill. Schott-Bresler stated there are other slightly less  
helpful but creative revenue tools or promises of future tools that may  
come out this session.  
Holmes stated the operating budgets are not final yet.  
This agenda item was DISCUSSED.  
2.  
Discussion of an ordinance authorizing a sales and use tax of one-tenth of one percent  
for criminal justice purposes as authorized by RCW 82.14.345 and adding a new  
Chapter 3.27 Sales and Use Tax for Criminal Justice Purposes to the Whatcom  
County Code  
Kayla Schott-Bresler, Executive's Office, read from a presentation (on  
file). She listed examples of what the tax can be used for and that the  
executive’s recommendation is that the Council proceed with an ordinance  
that recognizes all the uses authorized under the statute and directs and  
provides flexibility to use this revenue on any eligible service, with  
decisions and priorities to be made every two years during the County’s  
regular and transparent biennial budget process. She outlined the following  
recommendation for usage of the approximately $6.5-7 million in revenue  
should this be adopted:  
Fund existing obligations adopted in 2026 in the criminal justice space -  
$4.5m  
·
·
Rising jail medical and food costs  
Sheriff’s Office Lease  
Prioritize remaining revenue for labor costs through the budget process -  
$2.5m  
·
·
·
Continuity of services  
COLAs  
Evaluation of new needs, including public defense  
She and councilmembers discussed that there would be a public hearing in  
two weeks if this is introduced tonight, that the executive’s recommended  
uses fall under the eligible uses, that the recommendation is that they would  
evaluate any new needs during the budget process, if the Council could  
determine what the uses of the tax would be before they impose it, that the  
downside of that approach would be that they might be making that decision  
in a vacuum as opposed to seeing all the needs presented, and what else the  
Council would need if the recommendations in front of them are not  
specific enough.  
Donnell Tanksley, Sheriff, spoke about the portion of the revenue that is  
recommended for the Sheriff's Office and the requirements that the  
Sheriff's Office has to meet in order to make that possible. He stated they  
will also apply for the grant from the State and answered what they would  
look to fund if they were able to get access to some of that funding. He  
spoke about frozen positions and the obligation of their office lease, as well  
as officer wellness, and spoke about another grant offer that was just  
released.  
This agenda item was DISCUSSED.  
3.  
Discussion and preliminary Council direction on Whatcom County Comprehensive  
Plan Chapter 1, Introduction and Growth Projections  
Clerk's note: councilmembers referenced the new proposed amendments in  
the "Chapter 1 - Preliminary Council Draft for 3.10.2026." Each are  
numbered and councilmembers referred to those numbers in their motions.  
Stremler spoke about amendment number 20 regarding adding the Dutch  
community to the labor acknowledgement.  
Councilmembers discussed the proposed addition of the Dutch community,  
whether it should be inclusive of other nationalities or just making a  
statement honoring those that sacrificed without listing specific groups,  
whether they should add a historical section to the chapter, and how they  
might amend this section.  
Elenbaas moved that the labor acknowledgment read:  
Whatcom County as it stands today is only possible because of  
ancestors, elders, and those who have gone before us. The Whatcom  
County government acknowledges this, in light of historical facts,  
that our region depended on the labor of dehumanization,  
exploitation, suffering, wisdom and skills of enslaved people.  
The motion failed for lack of a second.  
Councilmembers discussed that maybe they should continue to process  
this, Stremler’s proposed language as it stands, other people groups that  
could be listed, and that by being specific they will leave people out.  
Stremler spoke about proposed amendment number 21 regarding Policy  
1C-6.  
Stremler moved to amend to add the language in amendment number 21 to  
Policy 1C-6.  
The motion was seconded Elenbaas.  
Elenbaas asked if public works would be capitalized.  
Stremler amended his motion to change “public works” to "public work" so  
that Policy 1C-6 would read:  
Through fair and open competition, leverage county resources and  
investments in public work to empower and uplift a local and diverse  
workforce for all.  
Councilmembers discussed that the County’s policies and procedures  
should be unbiased, that the intent of the motion is to not limit who can do  
the work, and that it is still subject to procurement laws.  
The motion carried by the following vote:  
Aye: 7 - Boyle, Buchanan, Elenbaas, Galloway, Rienstra, Scanlon, and  
Stremler  
Nay: 0  
Rienstra moved to request that staff prepare “Chapter 1 - Preliminary  
Council Draft for 3.10.2026,” as amended, for inclusion in a future agenda  
bill file for Council introduction and public hearing.  
The motion was seconded by Boyle.  
Galloway noted that the labor and land acknowledgments are outside of  
Chapter 1 so those are still fair game to refine.  
The motion carried by the following vote:  
Aye: 5 - Buchanan, Galloway, Rienstra, Scanlon, and Boyle  
Nay: 2 - Elenbaas and Stremler  
This agenda item was DISCUSSED AND MOTION(S) APPROVED.  
MOTION 1  
Motion approved to amend to add the language in amendment #21 to Policy 1C-6 and to change “public works” to  
“public work” so that Policy 1C-6 would read:  
Through fair and open competition, leverage county resources and investments in public work to empower and uplift a  
local and diverse workforce for all.  
MOTION 2  
Motion approved to request that staff prepare “Chapter 1 - Preliminary Council Draft for 3.10.2026,” as amended,  
for inclusion in a future agenda bill file for Council introduction and public hearing.  
5.  
Discussion and preliminary Council direction on Whatcom County Comprehensive  
Plan Chapter 3, Housing  
Galloway stated this is a continuation of the discussion on this chapter from  
the March 3rd Special Committee of the Whole meeting.  
Clerk's note: councilmembers referenced the new proposed amendments  
(numbers 48-54, with 54 being an inadvertent duplicate of number 48) in  
the " Chapter 3 - Chart of Proposed Council Changes for 3.10.2026." Each  
are numbered and councilmembers referred to those numbers in their  
motions.  
Elenbaas moved to amend to approve the added language highlighted in  
blue as noted in amendment # 48 which adds new policies 3A-5 and 3A-6 as  
follows:  
Policy 3A-5: Where provisions of the Comprehensive Plan are  
subject to more than one reasonable interpretation, apply the  
interpretation that most effectively advances the County’s adopted  
housing supply and affordability objectives, provided that such  
interpretation:  
Remains consistent with the Growth Management Act.  
Does not diminish required protections for critical areas or  
designated resource lands.  
Maintains internal consistency among Comprehensive Plan  
elements.  
Policy 3A-6: Periodically review development regulations and  
administrative practices to identify and eliminate unnecessary  
ambiguity that may unintentionally constrain housing supply or  
increase housing costs.  
The motion was seconded by Stremler.  
Elenbaas spoke about the proposed amendment and stated he would like to  
incorporate the same type of language into almost all decisions that are  
counter-related matters.  
Mark Personius, Planning and Development Services Department Director,  
asked if Council has had legal review of this language for potential  
inconsistency or misinterpretation.  
Kimberly Thulin, Prosecuting Attorney's Office, answered at what point  
legal review occurs and stated she is looking at it as they go along. She is in  
the process of looking at these proposals.  
The motion carried by the following vote:  
Aye: 7 - Elenbaas, Galloway, Rienstra, Scanlon, Stremler, Boyle, and  
Buchanan  
Nay: 0  
Galloway moved to amend Chapter 3 as noted in amendment numbers  
49-51 (to strike references to family terminology).  
The motion was seconded by Boyle.  
Councilmembers discussed the motion and that there should be nothing  
offensive about family references.  
The motion carried by the following vote:  
Aye: 5 - Galloway, Rienstra, Scanlon, Boyle, and Buchanan  
Nay: 2 - Stremler and Elenbaas  
Galloway moved to amend Chapter 3 to add a new policy 3B-5 as noted in  
amendment number 52 which reads:  
Whatcom County’s environmental justice goals should augment  
established zoning principles to rectify situations where  
marginalized residents have had to locate residential development  
adjacent to heavy impact industry. Future zoning decisions should  
protect public health and community well-being by ensuring  
adequate separation between incompatible land uses. This includes  
avoiding or minimizing residential uses in close proximity to heavy  
industrial activities whenever possible and implementing appropriate  
buffering, siting, and design measures where such proximity cannot  
reasonably be avoided.  
The motion was seconded by Rienstra.  
Councilmembers discussed how the amendment pertains to environmental  
justice, that it is trying to covey that everyone deserves a healthy place to  
live regardless of income, and whether they could just get rid of the first  
sentence.  
Galloway amended her motion to strike the first sentence of the proposed  
language so that policy 3B-5 would read:  
Future zoning decisions should protect public health and community  
well-being by ensuring adequate separation between incompatible  
land uses. This includes avoiding or minimizing residential uses in  
close proximity to heavy industrial activities whenever possible and  
implementing appropriate buffering, siting, and design measures  
where such proximity cannot reasonably be avoided.  
Elenbaas spoke about where they draw the line between this policy and  
reasonable expectations for what might be experienced living near an  
industry.  
The motion carried by the following vote:  
Aye: 6 - Rienstra, Scanlon, Boyle, Buchanan, Elenbaas, and Galloway  
Nay: 1 - Stremler  
Galloway moved to amend Chapter 3 as noted in amendment number 53  
(regarding acknowledging the Buildable Lands Report).  
The motion was seconded by Elenbaas.  
Councilmembers discussed whether the Buildable Lands Report does a  
good enough job of distinguishing what is allowable and what is functionally  
allowable, and that acknowledging the Buildable Lands Report helps them  
learn from the past.  
Matt Aamot, Planning and Development Services Department, spoke about  
the Buildable Lands Report and that the next one will be in 2034, and he  
spoke about Policy 3I-3 which is a new requirement that was passed in the  
Growth Management Act a couple years ago.  
Galloway amended her amendment and stated the language is actually  
Buildable Lands Report (not "analysis") so it would read:  
Quantifiable Targets and Outcomes  
The breadth of data identified in the U.S. Census, Land Capacity  
Analysis, Housing Needs Assessment, Buildable Lands Report and  
other sources provide a foundation for monitoring and quantifying  
the outcomes of policy. Use the Buildable Lands Report to review  
and evaluate whether Whatcom County has achieved its goals and  
policies and work to implement any identified reasonable measures  
necessary to reduce the differences between growth and  
development assumptions contained in the county and cities  
comprehensive plans with actual development patterns. By  
developing policies which are measurable, the County can further  
track results and identify needed actions.  
The motion carried by the following vote:  
Aye: 7 - Scanlon, Stremler, Boyle, Buchanan, Elenbaas, Galloway, and  
Rienstra  
Nay: 0  
Galloway moved to request that staff prepare “Chapter 3 - Preliminary  
Council Draft for 3.10.2026,” as amended, for inclusion in a future agenda  
bill file for Council introduction and public hearing.  
The motion was seconded by Scanlon.  
Scanlon suggested a friendly amendment (and consider this for the future)  
to add “and conduct legal analysis.”  
Galloway accepted the friendly amendment and amended her motion to  
request that staff prepare “Chapter 3 - Preliminary Council Draft for  
3.10.2026,” as amended, and for legal to review, for inclusion in a future  
agenda bill file for Council introduction and public hearing.  
The motion carried by the following vote:  
Aye: 6 - Stremler, Boyle, Buchanan, Galloway, Rienstra, and Scanlon  
Nay: 1 - Elenbaas  
Clerk’s note: Councilmembers advanced to the next agenda item and started  
to discuss Chapter 2, but staff said that they forgot an amendment that  
needed to be proposed for this chapter. Councilmembers stopped  
discussion of Chapter 2 and discussed the proposed amendment for Chapter  
3.  
Matt Aamot, Planning and Development Services Department, stated  
Council reduced the rural population in the last discussion of Chapter 3 so  
Planning had their consultants revise the housing numbers in table one to  
reflect that. They need that corrected table to reflect the housing for the  
reduced rural population.  
Rienstra moved that they include updated table one in the Chapter 3  
preliminary Council draft version that staff will prepare for legal review.  
The motion was seconded by Boyle.  
Aamot answered whether changes were only made to unincorporated county  
and not to any city and stated that is correct.  
The motion carried by the following vote:  
Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon  
Nay: 2 - Elenbaas and Stremler  
This agenda item was DISCUSSED AND MOTION(S) APPROVED.  
MOTION 1  
Motion approved to amend Chapter 3 to approve the added language highlighted in blue as noted in amendment  
number 48 which adds new policies 3A-5 and 3A-6 as follows:  
Policy 3A-5: Where provisions of the Comprehensive Plan are subject to more than one reasonable interpretation,  
apply the interpretation that most effectively advances the County’s adopted housing supply and affordability  
objectives, provided that such interpretation:  
• Remains consistent with the Growth Management Act.  
• Does not diminish required protections for critical areas or designated resource lands.  
• Maintains internal consistency among Comprehensive Plan elements.  
Policy 3A-6: Periodically review development regulations and administrative practices to identify and eliminate  
unnecessary ambiguity that may unintentionally constrain housing supply or increase housing costs.  
MOTION 2  
Motion approved to amend Chapter 3 as noted in amendment numbers 49-51 to strike reference to family.  
MOTION 3  
Motion approved to amend Chapter 3 to add a new policy 3B-5 as noted in amendment number 52, but with the first  
sentence stricken, so it reads:  
Future zoning decisions should protect public health and community well-being by ensuring adequate separation  
between incompatible land uses. This includes avoiding or minimizing residential uses in close proximity to heavy  
industrial activities whenever possible and implementing appropriate buffering, siting, and design measures where suc  
proximity cannot reasonably be avoided.  
MOTION 4  
Motion approved to amend Chapter 3 as noted in amendment number 53 so that the section Quantifiable Targets on  
page 3-24 and 25 reads:  
Quantifiable Targets and Outcomes  
The breadth of data identified in the U.S. Census, Land Capacity Analysis, Housing Needs Assessment, Buildable  
Lands Report and other sources provide a foundation for monitoring and quantifying the outcomes of policy. Use the  
Buildable Lands Report to review and evaluate whether Whatcom County has achieved its goals and policies and  
work to implement any identified reasonable measures necessary to reduce the differences between growth and  
development assumptions contained in the county and cities comprehensive plans with actual development patterns.  
By developing policies which are measurable, the County can further track results and identify needed actions.  
MOTION 5  
Motion approved to request that staff prepare the “Chapter 3 - Preliminary Council Draft for 3.10.2026,” as  
amended, for legal review and inclusion in a future agenda bill file for Council introduction and public hearing.  
MOTION 6  
Motion approved that they include updated table one in the Chapter three preliminary Council draft version that staff  
will prepare for legal review.  
4.  
Discussion and preliminary Council direction on Whatcom County Comprehensive  
Plan Chapter 2, Land Use  
Clerk’s note: Councilmembers began to discuss this agenda item, but staff  
said that they forgot an amendment that needed to be proposed for the  
previous agenda item (Chapter 3). Councilmembers discussed the proposed  
amendment for Chapter 3 and then came back to Chapter 2.  
Chapter 2 Discussion (Approximate Timestamp: 2:37:18)  
Councilmembers discussed which amendment numbers they would like to  
consider separately and which they could consider in a consent fashion.  
They made a motion and adjusted it to reflect the items councilmembers  
wanted to discuss.  
Galloway moved and Rienstra seconded to approve proposed amendment  
numbers 92-111, 114, 116-118, 124-128, and 130-132 and glossary items  
1 and 2.  
Mark Personius, Planning and Development Services Department Director,  
stated there are issues with numbers 96 and 97 as written. In 96 they are  
quoting a countywide planning policy and amending it, but Council does not  
have the authority to do that by themselves. They have to be approved by all  
the cities. The proposed changes in 97 significantly changed the intent of  
that policy and could be inconsistent with Council’s proposals to expand the  
Nooksack and Sumas UGAs into agricultural resource lands. He stated staff  
has not gone through all the proposed amendments yet.  
Galloway amended the motion and moved to approve proposed  
amendment numbers 92-95, 98-111, 114, 116-118, 124-128, 130-132, and  
glossary items 1 and 2.  
The motion carried by the following vote:  
Aye: 5 - Boyle, Buchanan, Galloway, Rienstra, and Scanlon  
Nay: 2 - Elenbaas and Stremler  
Amendment number 91 (Approximate Timestamp 2:46:30)  
Councilmembers considered proposed amendment number 91 sent from  
the Planning director after the discussion last week about recognizing  
non-conforming uses.  
Personius briefed the councilmembers on the changes and stated it is  
getting at the concern of the existing HII industries in the Alderwood urban  
growth area.  
Scanlon noted that the policy number (2N-8) should actually be 2N-12 (a  
scrivener's error).  
Matt Aamot, Planning and Development Services Department, stated there  
is also a word missing in the text, and Galloway stated they can un-strike  
“preserve” in the first sentence.  
Personius confirmed that the language is just meant to clarify.  
Galloway moved to amend Policy 2N-8 (corrected to Policy 2N-12) of  
Chapter 2 as noted in amendment number 91 (and with the word “preserve”  
reinstated) so that it reads:  
Encourage provision of serviced industrial sites by cities. Where  
applicable, within urban growth areas, preserve the regulatory ability  
of existing industries to continue operating, if proposed for  
rezoning, and protect existing industrial and maritime zoned  
developments from encroachment by incompatible uses and  
developments on adjacent lands. Protective measures should include  
but may not be limited to the adoption of notice of disclosure  
requirements.  
The motion was seconded by Scanlon.  
Councilmembers and staff discussed that the notice of disclosure  
requirements would create a notice of disclosure notice for homes within a  
mile of industry-zoned land at the point of sale, if there would be any type  
of protection for heavy industry operating lawfully inside, what protecting  
existing industrial and maritime zoned developments from encroachment by  
incompatible uses means, and that the set of goals and policies would apply  
to all UGAs.  
The motion carried by the following vote:  
Aye: 4 - Elenbaas, Galloway, Scanlon, and Stremler  
Nay: 0  
Abstain: 3 - Boyle, Buchanan, and Rienstra  
Amendment number 96 and 97 (Approximate Timestamp 2:59:44)  
Galloway stated these amendments came from a letter the County received  
from the Nooksack Tribe outlining some of their recommendations and she  
referred back to the earlier discussion with Personius in which he explained  
the issues with the proposed changes.  
Based on his explanation, the Council concurred to remove both proposed  
amendments from consideration. No motion was made and no action taken  
on number 96 or on 97 and they will not be included in the draft that moves  
forward after today.  
Amendment number 112 (Approximate Timestamp 3:03:31)  
Stremler spoke about his proposed amendment and stated he thinks impact  
fees, which will ultimately be paid by the final user, are going to add to the  
cost of housing.  
Stremler moved to strike Policy 2C-7 which they had approved at their  
March 3rd session (as noted in amendment number 112).  
The motion was seconded by Elenbaas.  
Personius answered who pays for infrastructure improvements that are  
needed if there are no impact fees and spoke about the statement that  
impact fees “will be levied as per state law.” He stated the law does not  
require impact fees but leaves it to the jurisdiction. He answered whether  
most of the cities in Whatcom County have impact fees on new  
construction and stated they do.  
Galloway spoke about her original amendment to add the language for this  
policy and stated she would take changing “will” to “may” as a friendly  
amendment if they decide to retain that language.  
Councilmembers discussed Stremler’s motion to strike Policy 2C-7.  
The motion failed by the following vote:  
Aye: 2 - Elenbaas and Stremler  
Nay: 5 - Buchanan, Galloway, Rienstra, Scanlon, and Boyle  
Galloway moved to amend Policy 2C-7 to change the phrase “will be  
levied” to “may be levied” so that the policy reads:  
To defray the costs of infrastructure and service improvements  
required by development in areas under county jurisdiction,  
Construction Impact Fees, may be levied as per state law.  
The motion was seconded by Elenbaas.  
The motion carried by the following vote:  
Aye: 7 - Elenbaas, Galloway, Rienstra, Scanlon, Stremler, Boyle, and  
Buchanan  
Nay: 0  
Amendment number 113 (Approximate Timestamp 3:13:46)  
Personius and Aamot answered where the impact of this proposed  
amendment might show up.  
Scanlon stated they may need to put infrastructure in place in some of the  
flood plain areas and sea-level rise zones and it is likely easier to do so  
when those areas are less dense compared to when they are more dense.  
Aamot displayed a map showing R10A areas.  
Galloway moved to amend Chapter 2 to add Policy 2GG-4 as shown in  
amendment number 113 which reads:  
Land in the R10A district may not be rezoned to a rural zone that  
allows a higher density if it is located in the current flood plain, a  
likely future flood plain, or a sea level rise inundation zone.  
The motion was seconded by Scanlon.  
Councilmembers and Aamot discussed that UGAs would not be impacted by  
this since there is no R10A within urban growth areas, making sure this is  
not having unintended consequences on a city UGA reserve, and how staff  
would define a “likely future flood plain.”  
Scanlon stated in other places they just said “future flood plain.”  
Galloway accepted that as a friendly amendment and moved to amend the  
proposed Policy 2GG-4 so that it reads:  
Land in the R10A district may not be rezoned to a rural zone that  
allows a higher density if it is located in the current or future flood  
plain or a sea level rise inundation zone.  
Elenbaas stated he sees this policy as not very productive and it takes away  
any flexibility they would have to put housing in the appropriate spot and  
site it away from a critical area in a way that you could preserve the  
agriculture aspect of that rural zone.  
The motion carried by the following vote:  
Aye: 5 - Galloway, Rienstra, Scanlon., Boyle, and Buchanan  
Nay: 2 - Stremler and Elenbaas  
Galloway moved that they continue discussion on the preliminary Chapter 2  
as amended March 10th, 2026 at next week's Special Committee of the  
Whole meeting on March 17th, picking up where we left off, starting with  
amendment number 115 and the remaining amendments they did not get to  
today.  
The motion was seconded by Elenbaas.  
They discussed the deadline for new amendments for this chapter, that there  
will be opportunity for public comment at the meeting next week, that there  
are 14 more amendments to vote on for this chapter, whether they could  
continue to discuss amendments at the evening Council meeting tonight,  
and that holding it over to March 17 would give opportunity for public  
comment.  
The motion carried by the following vote:  
Aye: 6 - Rienstra, Scanlon, Stremler, Boyle, Elenbaas, Galloway  
Nay: 0  
Out of the Meeting: 1 - Buchanan  
This agenda item was DISCUSSED AND MOTION(S) APPROVED.  
MOTION 1  
Motion approved to approve proposed amendment numbers 92-95, 98-111, 114, 116-118, 124-128, 130-132,  
and glossary items 1 and 2.  
MOTION 2  
Motion approved to amend Policy 2N-8 (corrected to Policy 2N-12) of Chapter 2 as noted in amendment number  
91 (with scrivener's errors corrected as presented on the screen) so that it reads:  
Encourage provision of serviced industrial sites by cities. Where applicable, within urban growth areas, preserve the  
regulatory ability of existing industries to continue operating, if proposed for rezoning, and protect existing industrial  
and maritime zoned developments from encroachment by incompatible uses and developments on adjacent lands.  
Protective measures should include but may not be limited to the adoption of notice of disclosure requirements.  
MOTION 3  
Motion approved to amend a phrase in Policy 2C-7 to read “may be levied” so that the policy reads:  
To defray the costs of infrastructure and service improvements required by development in areas under county  
jurisdiction, Construction Impact Fees, may be levied as per state law.  
MOTION 4  
Motion approved to amend Chapter 2 to add Policy 2GG-4 which reads:  
Land in the R10A district may not be rezoned to a rural zone that allows a higher density if it is located in the current  
or future flood plain or a sea level rise inundation zone.  
MOTION 5  
Motion approved that they continue discussion on the preliminary Chapter 2 as amended March 10th, 2026 at next  
week's Special Committee of the Whole meeting on March 17th, picking up where we left off, starting with  
amendment number 115 and the remaining amendments they did not get to today.  
Items Added by Revision  
There were no agenda items added by revision.  
Other Business  
There was no other business.  
Adjournment  
The meeting adjourned at 4:37 p.m.  
The County Council approved these minutes on March 24, 2026.  
ATTEST:  
WHATCOM COUNTY COUNCIL  
WHATCOM COUNTY, WA  
______________________________  
Cathy Halka, Council Clerk  
___________________________  
Kaylee Galloway, Council Chair  
Meeting Minutes prepared by Kristi Felbinger  
SIGNED COPY ON FILE