# Building Height Relief for Lummi Island: A Brief Committee Discussion ## Meeting Overview The Whatcom County Council's Planning and Development Committee convened for a brief 7-minute meeting on Tuesday morning, January 28, 2025, in the County Courthouse chambers. Committee Chair Ben Elenbaas presided over the hybrid meeting with committee members Todd Donovan and Jon Scanlon in attendance. Council members Barry Buchanan and Kaylee Galloway were also present as observers. The single agenda item was a discussion of proposed amendments to Whatcom County's zoning code that would increase building height limits on Lummi Island. The discussion was procedural in nature, preparing for a public hearing scheduled for that evening where the full council would consider the ordinance. What made this brief committee session notable was its focus on a unique zoning challenge faced by residents of Lummi Island, where current height restrictions have proven more limiting than anywhere else in the county. ## Lummi Island's Unique Zoning Challenge Lucas Clark, a long-range planner with Whatcom County Planning and Development Services, presented the background for the proposed code changes with a clear, methodical overview of the situation on Lummi Island. The island presents a unique case within Whatcom County's zoning framework. "Lummi Island is unique area within Whatcom County and it has its own zoning designation, rural residential island or RRI," Clark explained. "It is used in the northern half of Lummi Island and nowhere else in Whatcom County." The southern portion of the island falls under rural forestry zoning. The crux of the issue lies in building height restrictions. Clark noted that the RRI zone "has the lowest maximum residential building height of any zoning designation, which is 24 feet. So the highest you can build there is 24 feet." This restriction has proven problematic for residents seeking to build structures that would be permissible elsewhere in the county's rural areas. Clark provided context by comparing Lummi Island to other areas. Eliza Island, another unique jurisdiction, allows 25 feet for residential structures within 100 feet of shoreline and 30 feet outside that zone. Other rural districts in Whatcom County permit heights up to 35 feet. The presentation revealed that fire safety considerations have historically shaped development on Lummi Island. Clark referenced both the 1979 and 2009 Lummi Island sub-area plans, noting that "water supply is the limiting factor in fire insurance rating." The 2009 plan specifically identified wildland fire hazards as a concern "due to its rural character, steep, narrow roads, poor access to some remote areas, and the proximity of woodlands to development." ## The Proposed Solution The proposed code changes would bring Lummi Island's height limits more in line with similar rural areas while maintaining fire safety considerations. Under the proposal, buildings within 100 feet of shoreline could reach 25 feet in height, while structures outside that zone could go up to 30 feet. This would make the island's limits consistent with nearby Eliza Island. Clark emphasized that the changes include built-in safeguards. "The proposed code also has one foot of setback per foot of height in excess of 25 feet. This is a commonly used planning tool, and it also adds a fire flow requirement for buildings in excess of 25 feet due to the limited water supply in the sub-area plan." The fire flow requirement represents a thoughtful balance between allowing reasonable building heights and addressing the island's infrastructure limitations. Currently, residential structures over 4,000 square feet require fire flow systems. The new code would extend this requirement to any structure over 25 feet in the RRI zone, regardless of size. ## Committee Response and Fire Department Consultation Committee Chair Elenbaas indicated his support for the changes, referencing constituent outreach that had prompted the review. "I got emails a few, I don't know, probably well over a year ago about somebody who was looking to build a shop and they had trees around them," he said. "To me, it just seemed like a common sense solution and to align it with other areas. I think that I'm pretty much in favor of this." Council member Scanlon had proactively consulted with local fire officials before the meeting. "I was just curious and I reached out to the fire department on this District 11, spoke with Chief Lisch to see if they had any concerns about it and they did not," Scanlon reported. "I spoke with a commissioner as well and some other folks when I was on the island last week for the Ferry Advisory Committee meeting." The fire department's lack of opposition to the height increases appeared to reassure committee members that the proposal struck an appropriate balance between development flexibility and safety considerations. ## Procedural Clarity When Council member Scanlon moved to recommend the proposal to the full council, Chair Elenbaas initially seconded the motion. However, Clark clarified that no formal action was needed at the committee level since the item was already scheduled for a public hearing before the full council that evening. "I believe this item is just for discussion because we have a hearing this evening," Elenbaas noted, withdrawing the motion. "I think we can't take action until after the hearing." This procedural clarification highlighted the committee's role as a preparatory body for more complex items heading to the full council. The committee's discussion served to air any initial concerns and ensure council members were informed before the public hearing. ## Closing and Next Steps The meeting concluded efficiently at 11:37 a.m. after just seven minutes of discussion. Clark's presentation was praised for its clarity, and no additional questions arose from the committee members. The brief nature of the meeting reflected both the straightforward nature of the proposed changes and the thorough staff work that had preceded the discussion. With fire department consultation complete and committee members expressing general support, the proposal appeared ready for its public hearing before the full council later that evening. The discussion demonstrated how local government adapts zoning regulations to address practical challenges faced by residents while maintaining appropriate safeguards for public safety and environmental protection. For Lummi Island residents who had been limited by the county's most restrictive height limits, the proposed changes offered the prospect of building standards more consistent with other rural areas of Whatcom County.