# County Council Reviews Wetland Property for Open Space Tax Program ## Meeting Overview The Whatcom County Council Planning and Development Committee convened for a brief Wednesday morning session on August 6, 2025, to review a single application under the county's Open Space Current Use Assessment program. Meeting in hybrid format at 11:38 a.m., the committee included members Ben Elenbaas and Jon Scanlon, with Scanlon serving as acting chair. Todd Donovan was absent, while council members Barry Buchanan, Kaylee Galloway, and Mark Stremler observed. The meeting's sole focus was a five-acre wetland property within Sumas city limits, located near the Canadian border and heavily impacted by flooding. The application had already received staff and Planning Commission approval, requiring only the committee's recommendation before advancing to the full County Council that evening. ## The Wetland Property Application Alexander Harris, a planner with the county's Planning and Development Services, presented the application for open space current use assessment — a property tax reduction program dating to 1970 that incentivizes landowners to preserve agricultural, forest, and other resource lands by taxing them at current use rather than development potential. "Every six months we come before Council and we review the applications that we've received," Harris explained. "And today it's just one, so it's a little simpler." The property in question scored 48 points under the county's Public Benefit Rating System, well above the 45-point threshold required for approval. Located within Sumas city limits but subject to county review, the parcel sits strategically between an industrial park to the south and housing development to the north. Harris described the unique characteristics that earned the property its high score: "Most of the property has peat wetland soils" and "most of it's in the floodplain and did flood pretty intensely in 2021." The property features skunk cabbage and other wetland vegetation, with beaver activity evident during his site visit. The landowner had historically hayed and mowed portions of the property, but Harris noted that "now it's gotten so wet that none of that really happens anymore." The scoring system actually awarded extra points because the property "buffers housing developments from industrial areas" — an unusual criterion that Harris said "doesn't show up on our criteria" typically. ## Public Access Requirements and Enforcement Challenges A key requirement of the county's open space program is public access, distinguishing it from similar tax programs administered by the county assessor. Harris explained the process: "Every landowner, when they get approved by council, we then work with them on public access rules. So we show them kind of a template and then make them sign an agreement that says they will indeed allow public access." However, the enforcement reality is more complex. "After that, we aren't really enforcing public access," Harris admitted. "We're not driving around, making sure that people are using the space. We aren't really charged with that kind of level of enforcement." This prompted questions from committee members about practical public access on such wet terrain. Council Member Stremler raised concerns about motorized vehicles, asking whether "open space with public access automatically keep like motorised vehicles out of there." Harris responded that landowners have discretion in setting access rules, but enforcement falls entirely on the property owner. "It's on the landowner to enforce their own public access rules," he said. "Sometimes I've heard in the past, landowners have appealed to us to enforce it to the county and the county doesn't have staffing to enforce that kind of stuff." The wet conditions naturally limit access possibilities. "It is kind of hard to imagine people using this for public access unless it was maybe in the driest time of the year," Harris acknowledged, though he suggested the wooded northern portion could accommodate activities like "birdwatching" or "picnicking." ## Jurisdictional Complexity The application revealed procedural complexity when property crosses jurisdictional boundaries. Council Member Scanlon asked about the City of Sumas's role, since the property lies within city limits. "This is my first time doing it when there's two jurisdictions involved," Harris admitted. "My understanding is after council makes a decision, if there's approval, then we'd go before the City Council of Sumas and have to get their approval before the tax assessor makes adjustments." Scanlon pressed further: "So if Sumas City Council votes no, then it doesn't happen?" "That's my understanding," Harris confirmed, highlighting how local municipal decisions can override county recommendations in such cases. When asked about potential city development plans for the area, Harris acknowledged limited knowledge but offered to coordinate with Sumas officials. The property's location between industrial and residential zones adds complexity to future land use considerations. ## Environmental Context and Flood Risk Harris provided detailed environmental context, explaining the property's vulnerability to flooding through multiple pathways. Beyond the intense 2021 flooding that affected the region, the area faces ongoing challenges: "This is also hydrologically connected to the Everson overflow and Sumas River system. It's all very low and the old lake is not very far from this." The reference to "the old lake" speaks to the broader environmental history of the Sumas area, where lake drainage in the early 20th century created agricultural lands that remain flood-prone. Harris predicted continued vulnerability: "Very much flood prone and we'll likely see more floods in the future." Maps shown during the presentation illustrated the property's environmental constraints, with most acreage in designated floodplain and featuring peat soils characteristic of historical wetlands. Priority habitat designations from the state further underscore the property's ecological significance. ## Swift Committee Action The committee moved efficiently through the application. Council Member Elenbaas quickly signaled his support, prompting Harris to ask if he should accelerate the presentation: "I can definitely speed this up. It's lunchtime, and it looks good, 48 points." The informal exchange revealed the routine nature of applications that meet scoring thresholds and receive both staff and Planning Commission approval. Elenbaas formally moved for approval, with Scanlon supporting the motion. Their discussion touched on procedural questions, with Stremler asking whether applications advance to Planning Commission even without staff recommendation. Harris confirmed that all applications follow the complete review process regardless of staff position. ## Closing & What's Ahead The committee approved the application by a 2-0 vote, with Donovan absent, advancing it to the full County Council meeting scheduled for that evening. The brief session, lasting just 14 minutes, demonstrated the efficiency possible when applications clearly meet program criteria and face no significant opposition. Harris thanked the committee members, and Scanlon noted the approaching lunch break and afternoon Committee of the Whole session scheduled for 1 p.m. The quick approval reflects both the straightforward nature of this particular application and the routine operation of a decades-old program designed to preserve open space through property tax incentives. The wetland property now awaits final county approval and subsequent review by Sumas City Council, highlighting the multi-layered governance that shapes land use decisions in Whatcom County's complex jurisdictional landscape.

### Meeting Overview The Whatcom County Planning and Development Committee met on August 6, 2025 to review an application for open space current use tax assessment for a 5-acre property in Sumas. The committee unanimously recommended approval of the application, which scored 48 points on the county's public benefit rating system. ### Key Terms and Concepts **Open Space Current Use Assessment:** A property tax reduction program that allows qualifying properties to be taxed at their current use value rather than highest and best use value, designed to preserve open space and working lands. **Public Benefit Rating System (PBRS):** A scoring system used by Whatcom County to evaluate open space applications based on natural resource characteristics and current land use, requiring a score of 45 or higher for staff recommendation. **Current Use vs. Highest and Best Use:** Current use taxation assesses property based on how it's actually being used (like farming or open space), while highest and best use would assess it at maximum development potential value. **1970 Open Space Taxation Act:** Washington state legislation that created the framework allowing counties to offer reduced property taxes for agricultural, forest, and other open space lands to prevent conversion to development. **Peat Wetland Soils:** Organic-rich soils formed in waterlogged conditions, typically found in wetland areas and indicating high ecological value for water filtration and wildlife habitat. **Floodplain:** Areas adjacent to rivers and streams that are subject to periodic flooding, as designated by FEMA flood maps. **Habitat Conservation Areas:** Priority habitats designated by the state for protection of fish and wildlife species. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Jon Scanlon | Committee Chair (acting), Whatcom County Councilmember | | Ben Elenbaas | Whatcom County Councilmember | | Todd Donovan | Whatcom County Councilmember (absent) | | Alexander Harris | Planning and Development Services Staff | | Barry Buchanan | Whatcom County Councilmember (observer) | | Kaylee Galloway | Whatcom County Councilmember (observer) | | Mark Stremler | Whatcom County Councilmember (observer) | ### Background Context Whatcom County's open space taxation program stems from 1970s state legislation designed to preserve agricultural and natural lands from development pressure. The county administers several types of open space programs - this particular "public benefit open space" requires public access and is evaluated through a detailed scoring system. Properties must achieve at least 45 points to qualify, considering factors like wildlife habitat, flood control benefits, soil quality, and buffering between incompatible land uses. The property in question sits in a unique position within Sumas city limits but requires both county and city approval for the tax designation. Located near the Canadian border in an area that experienced severe flooding in 2021, the property exemplifies the type of marginal land the program was designed to protect - too wet for most development but valuable for flood control and wildlife habitat. ### What Happened — The Short Version Alexander Harris from Planning and Development Services presented one application for open space taxation for a 5-acre property in Sumas. The property scored 48 points on the county's evaluation system, above the 45-point threshold for approval. The land is extremely wet with peat soils, sits in a floodplain, and contains habitat conservation areas. It historically was used for hay but flooding has made that impractical. The landowner agreed to allow public access as required. Both county staff and the Planning Commission recommended approval. Councilmember Elenbaas moved for approval, which passed 2-0 with one member absent. ### What to Watch Next - The application goes to full County Council for final county approval - If approved by County Council, it must also be approved by Sumas City Council before tax benefits take effect - The property owner would then work with county staff to establish public access rules and signage - The county assessor would adjust the property's tax assessment if both jurisdictions approve ---

**Q:** What score did the Sumas property receive on the public benefit rating system? **A:** 48 points, which is above the 45-point threshold required for staff recommendation of approval. **Q:** Who chairs the Planning and Development Committee normally? **A:** The transcript shows Jon Scanlon acted as temporary chair, but doesn't identify the normal chair. **Q:** What is the size of the property being considered? **A:** 5 acres, located within the Sumas city limits near the Canadian border. **Q:** What two jurisdictions must approve this open space application? **A:** Both Whatcom County Council and Sumas City Council must approve before tax benefits take effect. **Q:** What type of soils characterize this property? **A:** Peat wetland soils, which are organic-rich soils formed in waterlogged conditions. **Q:** How did the committee vote on the recommendation? **A:** 2-0 in favor, with Elenbaas and Scanlon voting yes and Donovan absent. **Q:** What major flooding event affected this area recently? **A:** The 2021 floods, which hit this area particularly hard due to its location in the floodplain. **Q:** What was the historical use of this property? **A:** It was previously used for haying and mowing, but became too wet for those activities. **Q:** What requirement makes this different from other open space programs? **A:** The public benefit rating system requires public access, unlike designated forest land or agricultural open space programs. **Q:** Who administers the public benefit open space program? **A:** Planning and Development Services, in coordination with the County Assessor's Office. **Q:** What evidence of wildlife activity was mentioned on the property? **A:** Beaver activity and plant species indicative of wetlands, like skunk cabbage. **Q:** How often does the county review open space applications? **A:** Every six months, according to Alexander Harris's presentation. **Q:** What happens after county approval regarding public access? **A:** Staff works with the landowner to establish public access rules, signage requirements, and documentation. **Q:** What unique scoring factor applied to this property? **A:** It received points for buffering between a housing development and an industrial area. **Q:** Who enforces public access rules on approved properties? **A:** The landowner is responsible for enforcing their own public access rules; the county doesn't have staff to monitor compliance. **Q:** What department does Alexander Harris work for? **A:** Planning and Development Services, where he administers both conservation easement and open space land programs. **Q:** Where is the property located geographically? **A:** Just north of an industrial park and south of a housing development, near the Canadian border in Sumas. **Q:** What practical challenges exist for public access on this property? **A:** The extremely wet conditions limit access to perhaps only the driest times of year. **Q:** What agency makes the final tax adjustments? **A:** The County Assessor's Office adjusts property taxes after both jurisdictions approve the application. **Q:** What happens if Planning and Development Services doesn't recommend approval? **A:** The application still goes to Planning Commission, which can make its own recommendation regardless of staff recommendation. ---