Whatcom County CAPR

Citizens Alliance for Property Rights

Wind Power and Rural Lifestyles in Whatcom County

Written By: Jack Petree - May• 20•12

An interesting juxtaposition of recent events where I live serves to illustrate how convoluted the politics of the pop environmental movement can sometimes be.

Bellingham, Washington, where I reside, proudly proclaims its “green” orientation having won awards for the fact that all the power purchased by the city to run its operations is “green” power.

It is mildly amusing and indicative of how things work in the pop environmental movement to note the EPA Green Power website regarding Bellingham documents a remarkable “108.3%” of the power consumed by the city is green.

Even as it pursues a green image, the city involves itself in planning issues, especially planning issues outside its own urban growth area boundaries; for environmental reasons, of course.

Recently the city, one of its functionaries, a few citizens and a downtown Seattle based environmental watchdog group called Futurewise (also a promoter of “green” power) challenged Whatcom County (Bellingham is the county seat) in the legal venue regarding growth allowed outside the growth boundaries of the cities on private lands not set aside for the preservation of agriculture, forestry or resource extraction.   The lands, designated “Rural” under the auspices of Washington’s Growth Management Act are land defined by the act as, among other things, areas:

  • In which open space, the natural landscape, and vegetation predominate over the built environment;
  • That foster traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas;
  • That provide visual landscapes that are traditionally found in rural areas and communities;

It should be understood that rural lands, as defined by the Growth Management Act, do not include lands already set aside by a jurisdiction like Whatcom County for large scale (some call it factory farming) agriculture.  Rural lands are the lands set aside to provide for small scale family farms and other traditional lifestyle choices generally found in rural areas.

In Whatcom County, because so much of the land is owned by government, a bit less than 10% of the County is even available for small scale family farms and traditional rural lifestyles; zoned for rural uses.  86% of the county is reserved for larger scale agriculture, forests, national parks and other uses precluding development.

In general, over the years, the discussion in Whatcom County, with a cadre of Bellingham City Council members, residents of the city, the urban based group Futurewise and others leading the charge, has been that large scale farming is good while traditional rural lifestyles based on small acreages are bad (they call it rural sprawl).

One big issue with allowing people to live on small family farms or other small acreage homesteads in the county has been the idea that allowing too many people to choose to live in the County radically changes, and thus destroys, the traditional rural views city folk have come to expect as they traverse the county on the way to the ski slopes or to their condos in the mountains.

The County’s Comprehensive Plan waxes poetic in its description of what rural life in Whatcom County is to be:  “Rural,” the plan proclaims, is, “ a middle ground between urban/suburban settings and true wilderness, consists of large spaces, low-intensity uses, and environmentally fragile areas. Rural evokes images of fields and crops, farm buildings, rolling hills, great sweeping valleys, wooded ridges, wide inspiring views, peace and quiet, and a sense of small town community. Often associated with these images is the fragrance of fresh cut hay, spread fertilizers, and plowed earth. These are all characteristics not normally associated with more urbanized communities.”

No one reading that lofty language would be surprised that more than 70% of the oversight committee for the plan were city residents.

In short, at least to city dwellers, large scale farming is more picturesque and allow for more open views of the hills and trees than all those icky little farms and rural dwellings do.

So consider the photo here:

The photo was taken near rural Thorpe, Washington.

In the foreground are all those icky little farms (rural sprawl) the City of Bellingham, some of its residents and Futurewise so despise and are working to eliminate.  Notice how all those little farms ruin the view.

On the ridge overlooking the view despoiling farms are 400 foot tall behemoths busily helping to provide the “green” energy the City of Bellingham consumes and actually pays extra for in order to allow the building of even more of the beautiful structures.  Each of those structures consumes between one and three acres of ground (pasture, cropland, wildlife habitat depending on where it is located) and, requires a road system capable of allowing semi trucks and heavy equipment to traverse the hillsides for construction and maintenance.  Each of the structures is nearly twice as tall as the tallest building in Bellingham from the ground to the top of the propeller.

If you peek through the wall of windmills you can see, the “wide and inspiring views” of the Cascade Mountain range, views like those the challengers to the rural element in Whatcom County say must be preserved near Bellingham.

Bellingham and Whatcom County illustrate almost perfectly why terms like NIMBY (Not In My Back Yard) come into the vocabulary.

What they also illustrate is the willingness of the pop-environmental movement to impose the consequences of life in the modern world on other communities; “I need the electricity, just make sure I don’t have to watch it being made; and when I go for my Sunday drive, I have a right to see wide open vistas without all those icky rural people cluttering up the view.”

Find more at: http://www.jackpetreeontheenvironment.blogspot.com/

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Whatcom County’s Traditional Rural Lifestyles and Economy In Jeopardy

Written By: Roger Almskaar - Apr• 10•12

Whatcom County adopted a Rural Element in May 2011, revising planning and
zoning for rural lands in the County, those not designated for agriculture, mineral
or forest lands, or for urban growth. Then, the City of Bellingham, a few city based
preservationists and a Seattle based activist group “sued” Whatcom County before the state Growth Management Hearings Board, claiming too many citizens are allowed to live in and enjoy rural areas, and that most rural businesses should be restricted to the building size and use allowed in 1990.

Also important, the activists’ petitions misrepresented facts regarding population
growth in the entire County. This information was cited by the board as important in its
determination, but has been since debunked by County Planning Staff.

Because the County didn’t strongly challenge many of these claims, those opposing a
healthy rural economy and traditional rural lifestyles won. The board ruled the County
made 24 errors, mainly regarding a new planning tool called “Limited Area of More
Intense Rural Development” (LAMIRD) and limitations on businesses. LAMIRDs are
a “one time” optional tool for use where the County decides rural development is now
too intense, and wants to restrain new development.

The majority of businesses in rural areas were put into LAMIRDs; they have special
rules to assure existing and new businesses cannot grow significantly (business type,
building size, lot cover limitations, etc.). Similar rules will apply to new residential uses in other LAMIRDs; some areas might be down-zoned.

A timid County government, despite having prevailed in Superior Court on similar
challenges some years ago, declined to appeal this ruling, except for two invalidated
mainly residential LAMIRDs: North Bellingham and Fort Bellingham. Thus, the County Planning Commission and Council are now frantically having to fix all the invalidated portions.

An unintended consequence for those “suing” is that a Rural Element “do-over” offers
a second chance for the County to stand up to the activists and make things more
balanced and fair. The Council and Executive can soften the highly restrictive LAMIRD approach, and plan for a more reasonable manner of rural business and residential neighborhoods allowed under state planning law since 1990.

But, County officials need strong support from concerned residents to achieve this.
They are routinely and harshly attacked by elitists when they stand up for rural land and business owners. Who can blame them for backing down when they see little support from those hurt the most by arbitrary and unfair government decisions? The board paid little attention to several major goals in the state Growth Management law!

Short term impacts include no applications for permits allowed in all the rural zones,
other than single family homes and minor remodels, for at least the next few months,County caves on some key issues the prospects are grim. Some
LAMIRD restrictions will allow little or no growth; ever. Administration will be susceptible to picky staff misinterpretations, such as “There were no computer stores there in 1990, so we cannot allow them now.”

If your rural home or business does not conform, your ability to obtain financing and
to fully utilize your land are threatened. If you work in a rural area, or depend on it
for services, your job and your services are risk. The next three months represent
perhaps the last opportunity to work with decision-makers to determine the future of
rural businesses and Whatcom County’s traditional, small farm based rural lifestyle.

For information, contact the Planning Department, 676 6907; check their valuable Rural Element site, get on their e-mail list:

http://www.co.whatcom.wa.us/pds/plan/long/projects/lamird/index.jsp

The next Planning Commission work session is Thursday April 12, 6:30 pm,
Courthouse. (No oral testimony; letters/emails for it are due 5 pm, Wednesday April
11). Their final hearing will be April 26, same time, place.

Whatcom CAPR will post valuable information on its website and blog too, over the next few months: http://www.whatcomcountycapr.com/.

___________________________________________________________

Roger Almskaar is a Land Use Consultant and board member of the Whatcom chapter,
Citizens’ Alliance for Property Rights (CAPR). He is based in Ferndale, and has been assisting people with land use and environmental issues and permits since 1981. He can be reached at 360 671 1324 or almskaarr@comcast.net

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