# City Council Grapples With Landmark Tree Ordinance Extension
The Bellingham City Council wrestled with extending their interim landmark tree ordinance for another six months during their February 24, 2025 regular meeting, while a passionate crowd of residents offered competing visions for how the city should balance tree preservation with housing development needs.
## Meeting Overview
The evening's centerpiece was a public hearing on extending the city's interim development regulations for landmark trees — a temporary ordinance first adopted in May 2024 after concerns about large trees being cut down in anticipation of stricter rules. Seven council members were present for the 1 hour and 59-minute meeting, presided over by Council President Hollie Huthman. The session drew substantial public testimony on the tree ordinance, which has become a lightning rod for broader tensions between environmental protection and housing affordability in the rapidly growing city.
What made this meeting notable was the level of detail in public testimony — residents arrived with specific technical suggestions, data analysis, and pointed critiques of how similar ordinances have failed in other cities. The council ultimately approved the six-month extension with amendments, but not before revealing sharp philosophical differences about the role of regulation in achieving community goals.
## The Landmark Tree Preservation Debate
Director Blake Lyon opened the evening by outlining revisions made to the ordinance in response to council feedback from February 10th. The changes included clarifying language about tree failure, fee structures, and provisions allowing the Landmark Tree Committee to remove trees from the inventory. Lyon emphasized that the extension would provide time to monitor state legislative developments, particularly bills related to urban forestry and wildland-urban interface requirements.
The public testimony that followed revealed a community deeply engaged with the technical details of tree preservation policy. Adam Belanger led off by referencing an Investigate West article critical of Seattle's 2023 tree ordinance, warning that "things became unworkable when there tended to be the conflict between development and protection of trees." He acknowledged Bellingham's tree canopy had actually improved during his lifetime but cautioned against anything that would make housing development more challenging.
Michael Fear of the Whatcom Million Trees Project delivered the evening's most comprehensive critique, outlining six specific improvements needed in the ordinance. "The potential housing impact of the landmark tree ordinance is very small," Fear argued, citing data showing only "a few hundred landmark trees on private land, not 150,000 like some have publicly said." He detailed suggestions for transparency improvements, accuracy measures to prevent arborists from underreporting tree sizes, and better documentation of site planning alternatives.
Several speakers echoed themes from Fear's presentation. Jim Smith, a landscape contractor with decades of experience, focused specifically on the problem of arborists underreporting tree diameters to help developers avoid landmark designations. "Arborists who have repeatedly underreported DBH measurements should have their business license revoked for up to three years," Smith argued. "No rational arborist would risk repeat underreporting."
Robin Thomas from the Seahome neighborhood provided ground-level perspective on how the ordinance plays out in practice. "Virtually all the trees that we lost between 2018 and now were not in building footprints, and the loss of those trees did not appear to me to result in more housing," she observed. Thomas criticized new language in the ordinance that seemed to create trade-offs between local tree preservation and hypothetical benefits elsewhere, calling it "broad and unclear."
The testimony from Perry Eskridge of the Building Industry Association offered a developer's perspective, emphasizing practical problems the interim ordinance was creating in the real estate market. "We've actually been seeing situations where properties that were sold thinking some people could do one thing on a property actually were put up for sale again because it was not possible," Eskridge reported. He urged the council to move quickly to a permanent ordinance to provide clarity for buyers and developers.
## Council Debate and Amendment
After closing public testimony, the council engaged in detailed discussion about transparency and implementation. Councilmember Michael Lilliquist asked about making tree designation information more accessible to the public. Director Lyon confirmed staff could create public-facing materials to track which trees had been nominated and designated, though he noted they were still working through technical details.
Councilmember Lisa Anderson pushed for more comprehensive tracking, including trees removed through development decisions. Mayor Kim Lund noted this would involve multiple departments and promised the issue would be addressed in the next day's after-action review.
The most significant debate came when Anderson proposed amending the ordinance's purpose statement. She criticized language about "balancing the need to protect urban trees with the climate benefits of increasing density in urban areas" as too vague and potentially creating shortcuts around proper site planning. "I think this is kind of vague and creates a shortcut that someone can just say, well, can't do it," Anderson argued.
Anderson's amendment would replace that language with text stating the ordinance "leads to better development designs that balance the need to protect mature urban trees with other community goals as increased urban density occurs." Councilmember Lilliquist supported the change, noting it recognized multiple community values rather than creating a simple trade-off between trees and density.
The discussion revealed different comfort levels with amending an interim ordinance. Councilmember Skip Williams argued for leaving substantial changes to the permanent version rather than "trying to deal with it at the last minute" without "due process." But Director Lyon supported the amendment, saying it achieved similar intent to other changes already made.
After some parliamentary confusion about whether to strike the original language or add a new section, Anderson amended her motion to add the new language as a separate subsection while keeping the original. Both amendments passed unanimously, and the full ordinance extension passed 7-0.
## Infrastructure and Environmental Projects
Earlier in committee meetings, the council approved several major infrastructure initiatives. The Public Works and Natural Resources Committee, chaired by Councilmember Hannah Stone, recommended accepting an $1.84 million Washington State Department of Transportation grant for the Squalicum Creek Estuary Restoration Project. The project addresses three fish passage barriers at the creek's mouth, which currently hinder access to more than 40 miles of upstream habitat.
Joel Pfundt, Interim Public Works Co-Director, and Analiese Burns, Habitat & Restoration Manager, explained the project would span multiple years and require a 20% local match totaling $460,000, funded through a combination of Department of Ecology grants and contributions from the Port of Bellingham and city. The barriers include culverts owned by the city and Burlington Northern Santa Fe Railroad, plus a Port of Bellingham bridge — all identified as highest priority in regional fish restoration plans.
The committee also approved a three-year, $335,000 contract with Discount Fence for indefinite delivery/indefinite quantity fencing services. Although only one bid was received, staff noted the city had worked successfully with this contractor in the past and the arrangement would provide efficiency for smaller projects while reserving the right to bid larger projects separately.
## Fiber Network Plan Adoption and Broadband Workgroup Controversy
The council completed adoption of its 10-Year Fiber Network Comprehensive Plan, culminating a multi-year study of the city's fiber infrastructure needs. The plan focuses on improving redundancy and reliability for city operations, including public safety and emergency response, rather than providing direct service to residents.
However, this led to one of the evening's more contentious debates when Councilmember Lilliquist moved to reconvene the city's former Broadband Advisory Workgroup to address digital equity and affordability issues that hadn't been resolved by the fiber plan. Lilliquist argued the previous workgroup had focused on municipal fiber infrastructure rather than the original goal of addressing community complaints about broadband access and affordability.
"Many members of our community have complaints about affordability and equitability and access to high quality broadband," Lilliquist said. "Sometimes they have broadband, but it's really not high quality. It's below the old federal standards and it's which is well below the current federal standards."
Councilmember Anderson supported reconvening the group, noting that community members who had invested significant time in the issue wanted to explore options beyond municipal fiber service. "Some of the conversations I've had, they believe there are ways to bridge the gap of digital equity without it necessarily having to be a high cost performance," she said.
But other council members expressed reservations about the scope and efficiency of reconvening the workgroup. Councilmember Stone argued for getting a report from city IT and library staff on existing digital equity efforts before determining next steps. Councilmember Williams noted uncertainty about whether reconvening would be as simple as it sounded.
The motion failed 2-4, with Stone, Williams, Huthman, and Hammill opposed and Cotton abstaining. Staff noted the original workgroup had officially dissolved upon completion of its final report, and only four of seven original members had expressed strong interest in reconvening.
## Housing and Homelessness Updates
The council received updates on several housing initiatives during afternoon committee sessions. Whatcom County staff presented their process for updating the county's Five-Year Homeless Housing Plan, which guides regional strategies for reducing homelessness. The plan requires revision every five years, with the updated version targeted for county council adoption in November 2025.
In a separate presentation, Planning Director Lyon and Development Services Manager Kurt Nabbefeld outlined middle housing opportunities as directed by Mayor Lund's Executive Order 2024-02. The presentation covered the city's "infill toolkit" approach to expanding housing options ahead of state mandates, with a draft ordinance expected for the March 24 council meeting.
## Legislative and Economic Development Business
Council members involved in the city's lobbying team reported on state legislative activities. Councilmember Stone testified in support of bills harmonizing real estate excise tax uses and extending affordable housing funding authority. The city also supported legislation allowing "libation zones" that could benefit Bellingham during the 2026 FIFA World Cup.
The Community and Economic Development Committee approved Lodging Tax Advisory Committee recommendations for a $100,000 grant to Artist Home for a music festival and $50,000 to the Bellingham Bells for a softball tournament, both expected in spring 2026. Council President Huthman recused herself from this item due to potential business conflicts.
## Contract Approvals and Routine Business
During executive session, the council ratified a collective bargaining agreement with AFSCME Local 114 representing Prospect Communications Center dispatchers. The two-year contract includes 4% and 3% cost-of-living adjustments, new longevity premiums, increased life insurance coverage, and improved vacation accrual for early-career dispatchers.
The council also authorized the mayor to retain outside counsel for pending litigation and approved all items on the consent agenda, including various grant acceptances, interlocal agreements, and utility easements.
## Closing & What's Ahead
The meeting concluded with final passage of an ordinance updating municipal waste management practices to align with state legislation and the city's Climate Action Plan. The landmark tree ordinance extension provides six months for staff to develop a permanent version through the Type 6 legislative process while monitoring relevant state legislation.
The council expressed interest in getting comment trackers to systematically address the detailed feedback received on the tree ordinance, and staff committed to reporting back on digital equity efforts before any future broadband workgroup discussions. The next regular council meeting is scheduled for March 10, with committee presentations expected on Port of Bellingham economic development partnerships and continued work on the comprehensive plan update.
The evening reflected a council and community grappling with fundamental questions about balancing competing values — environmental protection and housing development, local control and state requirements, citizen engagement and administrative efficiency. With Bellingham continuing to grow rapidly, these tensions seem likely to intensify rather than resolve in coming months.
### Meeting Overview
The Bellingham City Council held its regular meeting on February 24, 2025, focusing primarily on extending the landmark tree ordinance, approving infrastructure projects, and conducting several informational sessions on housing, homelessness, and legislative priorities.
### Key Terms and Concepts
**Landmark Tree Ordinance:** An interim emergency ordinance protecting trees 36 inches in diameter or larger from removal, with a six-month extension approved to allow for the Type 6 legislative process.
**Type 6 Legislative Process:** A comprehensive public review process required for permanent ordinances that includes public hearings, Planning Commission review, and full Council consideration.
**IDIQ Contract:** Indefinite Delivery, Indefinite Quantity contract - an on-call arrangement allowing the city to procure services efficiently through individual work orders as needs arise.
**Fiber Network Comprehensive Plan:** A 10-year strategic plan to improve the city's fiber optic infrastructure for better redundancy, reliability, and future-proofing of essential city operations.
**Broadband Advisory Work Group:** A citizen advisory group that studied the city's fiber network and digital equity issues, which formally dissolved upon presentation of their final report.
**Nutrient Reduction Evaluation (NRE):** Required study under the Puget Sound Nutrient General Permit to evaluate reducing nitrogen discharge from the Post Point wastewater treatment plant.
**Middle Housing:** Housing types that provide more options than single-family homes but are smaller than large apartment buildings, such as duplexes, townhomes, and small apartment buildings.
**Real Estate Excise Tax (REET):** State and local taxes on property sales that can fund affordable housing and capital projects.
### Key People at This Meeting
| Name | Role / Affiliation |
|---|---|
| Kim Lund | Mayor |
| Hollie Huthman | Council President |
| Hannah Stone | Council Member |
| Daniel Hammill | Council Member |
| Skip Williams | Council Member |
| Lisa Anderson | Council Member |
| Michael Lilliquist | Council Member |
| Jace Cotton | Council Member |
| Blake Lyon | Planning & Community Development Director |
| Joel Pfundt | Interim Public Works Co-Director |
| Mike Olinger | Interim Public Works Co-Director |
### Background Context
The landmark tree ordinance discussion reflects ongoing tensions between housing development needs and environmental protection in Bellingham's growing urban areas. The city is grappling with how to preserve mature trees while addressing the housing crisis. The ordinance was first adopted as an emergency measure in May 2024 and has been extended twice while staff works on a permanent version.
The meeting also addressed multiple infrastructure and planning initiatives reflecting Bellingham's growth management challenges. The fiber network plan represents significant investment in digital infrastructure, while the middle housing discussion shows the city's response to state mandates for increased housing density. These issues are interconnected as the city balances environmental protection, housing needs, and infrastructure development.
### What Happened — The Short Version
Council approved extending the landmark tree ordinance for six months with minor amendments clarifying the intent to balance tree protection with community goals. They approved $1.84 million in grant funding for fish passage restoration at Squalicum Creek and adopted a 10-year fiber network plan. A motion to reconvene the Broadband Advisory Work Group failed. Council also approved lodging tax grants for cultural events, ratified a union contract for dispatchers, and authorized legal representation in pending litigation. The meeting included informational presentations on homelessness planning, state legislative priorities, and middle housing development options.
### What to Watch Next
- Type 6 legislative process for the permanent landmark tree ordinance beginning soon
- IT and library staff presentation on digital equity efforts scheduled for first or second March meeting
- Planning Commission review of middle housing ordinance draft
- May 2025 follow-up on Post Point nutrient reduction evaluation
- Port of Bellingham Regional Economic Partnership presentation rescheduled for March
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**Q:** How long was the landmark tree ordinance extended?
**A:** Six months, allowing time for the Type 6 legislative process to develop a permanent ordinance.
**Q:** What amendment did Council Member Anderson successfully add to the landmark tree ordinance?
**A:** Added language about leading to better development designs that balance protecting mature trees with other community goals.
**Q:** How much grant funding did the city receive for Squalicum Creek restoration?
**A:** $1.84 million from Washington State Department of Transportation, with a required 20% match totaling $460,000.
**Q:** What three entities own the fish passage barriers at Squalicum Creek?
**A:** City of Bellingham (Rotor Avenue culvert), Burlington Northern Santa Fe Railroad, and Port of Bellingham.
**Q:** Who won the IDIQ fence installation contract and for how much?
**A:** Discount Fence won with a bid of $240,168.42 for a three-year contract not to exceed $335,000.
**Q:** What happened to the motion to reconvene the Broadband Advisory Work Group?
**A:** It failed 2-4, with Cotton abstaining and four council members opposing.
**Q:** How much lodging tax funding was approved for Artist Home's music festival?
**A:** $100,000 for a music festival at existing downtown venues, anticipated for spring 2026.
**Q:** What was the compensation required for the street vacation on 4th Street?
**A:** $46,400 based on the appraised fair market value of the alleyway portion.
**Q:** What are the wage increases in the AFSCME dispatcher contract?
**A:** 4% cost-of-living adjustment effective January 2025, and 3% effective January 2026.
**Q:** When is the next update expected on Post Point nutrient reduction evaluation?
**A:** May 2025, after consultants return to the Water Resources Advisory Board in March.
**Q:** What diameter qualifies a tree as a landmark tree?
**A:** 36 inches in diameter at breast height, measured 4.5 feet above ground.
**Q:** Who spoke in favor of including black cottonwood trees in the ordinance?
**A:** Carrie Burnside from Silver Beach Neighborhood Association, citing their water quality benefits.
**Q:** What is the clearing and grading fee for landmark tree assessments?
**A:** $106, as confirmed by Director Lyon during the presentation.
**Q:** How many people per day can the new mobile medical units treat?
**A:** Over 400 people per day for opiate use disorder treatment with Suboxone or methadone.
**Q:** What art exhibition is ending soon at the Whatcom Museum?
**A:** "Under the Inspiration Tree: Celebrating the Work of Thomas Wood" ending March 2nd.
**Q:** When is the ribbon cutting for Northern Lights Park?
**A:** Wednesday, March 5th at 4:00 PM, located north of Costco and west of Northwest Avenue.
**Q:** How many miles of upstream habitat would be accessed by removing the Squalicum Creek barriers?
**A:** More than 40 miles of upstream habitat for fish passage.
**Q:** What percentage match is required for the WSDOT grant?
**A:** 20% match, totaling $460,000 from various sources including ecology grants and partner contributions.
**Q:** How many council members were present at the meeting?
**A:** All seven council members were present throughout the meeting.
**Q:** When does the city need to submit the nutrient reduction evaluation to state ecology?
**A:** By the end of 2025, with a target of November for permitting approval.
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