Whatcom County Council Planning and Development Committee

The Whatcom County Planning and Development Committee unanimously recommended approval of a contentious open space tax assessment application for a 30-acre forested property near Everson. The application by landowner Colin Stevens initially faced resistance from the Planning Commission, which recommended denial unless public access was granted, despite the property scoring well above the required threshold. The property features mature old-growth forest over 100 years old, complex wetlands, and documented bald eagle habitat, all protected by a restrictive conservation easement through Whatcom Land Trust. Stevens faced a 935% property tax increase after the property was removed from its previous open space classification due to technical issues when he purchased it. He originally sought to minimize public access due to the sensitive habitat, but ultimately agreed to provide limited public access to secure the tax benefits. Committee members expressed sympathy for Stevens' situation and recognized the property's exceptional conservation value, with scores significantly higher than typical applications. The committee approved the application as written, including Stevens' proposed limited public access plan that would allow general public access to specific trails leading to a pond and picnic area, while restricting full property access to guided tours by qualified conservation groups.

**AB2025-769 - Stevens Open Space Application:** RECOMMENDED FOR APPROVAL AS WRITTEN **Vote Count:** 2-0 (Elenbaas: Yes, Scanlon: Yes; Donovan: Absent) **Staff Recommendation:** Approval (property scored 66.17, well above 45-point threshold) **Planning Commission Recommendation:** Conditional denial unless public access provided **Council Action vs. Staff:** Aligned with staff recommendation **Key Details:** Application covers four parcels totaling just over 30 acres in R5 zoning near Everson, featuring mature forest, wetland complex, and conservation easement. Property previously enrolled in open space program but was removed due to technical issues during sale. **Practical Impact:** Stevens will receive significant property tax reduction (approximately $25,000 annually) in exchange for providing limited public access to ecologically sensitive property.

**Colin Stevens, on his tax increase:** "I was expecting, like. 30, 50% increase in property taxes. It was actually 935%. So quite the shock." **Council Member Kaylee Galloway, on program eligibility:** "I think this is a great candidate for this programme... I think it's council's role, not the planning commission's role to authorise waivers." **Council Member Ben Elenbaas, on the property's quality:** "I would be open to some restrictions, but overall, I think that. 900% decrease will be a 90% decrease in property taxes equal to 25,000 dollars is... Pretty good compensation for having public access to the space." **Alexander Harris, on conservation easements:** "This is a really comprehensive and restrictive easement. So, I think it should count for something. And unfortunately, the current tax system doesn't really reward landowners for their conservation easements in terms of lower taxes." **Council Member Jon Scanlon, on property comparison:** "I just want to point out real quick that most of the time we see these things and the scores are like 47 or 48. And so, even at 50 is higher than most of the parcels we've approved... I don't even recall seeing a 66." **Council Member Mark Stremler, on development potential:** "Well, in the absence of those easements and the highest and best use would be chopping that thing up into 5-acre parcels. And that would probably be worth way more to the landowner."

## MODULE S1: STUDY GUIDE ### Meeting Overview The Whatcom County Planning and Development Committee met on November 5, 2025, to review a single open space application. Committee members Ben Elenbaas and Jon Scanlon recommended approval of the Stevens property application for open space current use assessment, which would significantly reduce the landowner's property taxes in exchange for conservation protections and limited public access. ### Key Terms and Concepts **Open Space Current Use Assessment:** A tax program that allows property owners to have their land valued at current use instead of highest and best use, resulting in reduced property taxes in exchange for conservation commitments. **Conservation Easement:** A legal agreement that permanently restricts development on a property to protect its environmental values, in this case held by Whatcom Land Trust. **Public Benefit Rating System (PBRS):** A scoring system used to evaluate open space applications, with properties scoring over 45 points eligible for staff recommendation approval. **Current Use vs. Highest and Best Use:** Current use values land based on its present condition (forest, wetland), while highest and best use considers development potential (subdivision into 5-acre parcels). **Planning Commission:** County advisory body that reviews applications and makes recommendations to the County Council before final decisions. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Ben Elenbaas | Committee Chair | | Jon Scanlon | Committee Member | | Todd Donovan | Committee Member (absent) | | Alexander Harris | County Planner, Planning and Development Services | | Collin Stevens | Property Owner/Applicant | ### Background Context This application highlights the tension between conservation goals and public access requirements in Whatcom County's open space program. The Stevens property features over 30 acres of mature forest and wetlands protected by a conservation easement, but the landowner initially preferred no public access to protect sensitive wildlife habitat. When the Planning Commission recommended denial unless public access was provided, it created a dilemma: should conservation value alone qualify for tax benefits, or should public access always be required? The case also demonstrates how changes in property ownership can disrupt long-standing tax classifications. Stevens faced a 935% property tax increase when the land was removed from its previous open space classification during the ownership transfer. ### What Happened — The Short Version Alexander Harris presented the Stevens application for open space classification on four parcels totaling just over 30 acres near Everson. The property scored 66.17 points under the Public Benefit Rating System, well above the 45-point threshold for approval. However, the Planning Commission had recommended denial unless public access was provided, despite the property's high conservation value and existing conservation easement. Property owner Collin Stevens explained his situation: he purchased land that had previously been in open space but was removed due to technicalities, resulting in a 935% tax increase. He initially preferred no public access to protect sensitive wildlife habitat but submitted a supplemental proposal offering limited public access to a pond area and guided tours with conservation groups. Both committee members supported the application, with Galloway noting that council, not the planning commission, has authority to waive public access requirements. The committee unanimously recommended approval as written. ### What to Watch Next - County Council consideration of this application at their evening meeting - Development of specific public access rules and signage for the property - Potential review of open space program policies regarding conservation easements and public access requirements --- ## MODULE S2: FLASH CARDS **Q:** What bill number was discussed at this meeting? **A:** AB2025-769, a resolution approving recommendation on an application for open space current use assessment. **Q:** Who was the property owner/applicant? **A:** Collin Stevens, seeking open space classification for four parcels totaling just over 30 acres. **Q:** What was Stevens' property tax increase after losing open space classification? **A:** 935%, resulting in approximately a $22,000 increase in his property tax bill. **Q:** What score did the Stevens property receive under the Public Benefit Rating System? **A:** 66.17 points, well above the 45-point threshold required for staff recommendation. **Q:** What is the minimum score needed for staff to recommend approval of an open space application? **A:** 45 points under the Public Benefit Rating System. **Q:** Which organization holds the conservation easement on the Stevens property? **A:** Whatcom Land Trust holds the restrictive conservation easement protecting sensitive wildlife habitat. **Q:** What was the Planning Commission's recommendation? **A:** Deny the application unless the landowner accommodated public access, despite the high conservation score. **Q:** What type of habitat does the property contain? **A:** Mature forest over 100 years old, wetland complex, documented bald eagle habitat, and habitat for various other species. **Q:** Who presented the staff report to the committee? **A:** Alexander Harris, a planner from the Planning and Development Services Department. **Q:** What was the committee's final recommendation? **A:** Unanimous approval as written, with both Elenbaas and Scanlon voting yes. **Q:** What public access did Stevens propose in his supplemental memo? **A:** Limited access to a pond area with trails, plus guided tours conducted by Whatcom Land Trust or conservation district. **Q:** When did the Planning Commission originally review this application? **A:** October 9, 2025, where they recommended denial unless public access was provided. **Q:** What zoning is the property located in? **A:** R5 zoning, located just south of Everson. **Q:** Which committee members were absent? **A:** Todd Donovan was absent; Ben Elenbaas and Jon Scanlon were present. **Q:** What's the next step for this application? **A:** County Council consideration, likely at their evening meeting on November 5, 2025. --- ## MODULE S3: QUIZ WITH ANSWER KEY **Question 1: What was the primary agenda item for this Planning and Development Committee meeting?** - A) Budget review for conservation programs - B) AB2025-769 resolution for open space current use assessment application - C) Zoning changes in the Everson area - D) Review of planning commission procedures **Question 2: How much did Collin Stevens' property taxes increase when his land was removed from open space classification?** - A) 50% - B) 200% - C) 500% - D) 935% **Question 3: What score must a property receive to qualify for staff recommendation under the Public Benefit Rating System?** - A) Over 30 points - B) Over 45 points - C) Over 60 points - D) Over 75 points **Question 4: Which organization holds the conservation easement on the Stevens property?** - A) Whatcom Conservation District - B) Washington State Parks - C) Whatcom Land Trust - D) Whatcom County Parks **Question 5: What was the Planning Commission's recommendation for the Stevens application?** - A) Approve as submitted - B) Deny completely - C) Approve with reduced acreage - D) Deny unless public access was provided **Question 6: How many acres does the Stevens property contain?** - A) Just over 20 acres - B) Just over 30 acres - C) Just over 40 acres - D) Just over 50 acres **Question 7: What was the committee's final vote on the recommendation?** - A) 2-0 to approve as written - B) 2-0 to deny - C) 1-1 tie vote - D) 2-1 to approve with modifications **Question 8: What type of forest is on the Stevens property?** - A) Young second-growth forest - B) Recently logged area - C) Mature forest over 100 years old - D) Mixed agricultural and forest land **Question 9: Who has the authority to waive public access requirements for open space properties?** - A) The Planning Commission - B) County staff - C) The County Council - D) The property owner **Question 10: When is this application scheduled for County Council consideration?** - A) The following week - B) The evening of November 5, 2025 - C) December 2025 - D) No date was specified **Answer Key:** **1. B** — AB2025-769 was the sole agenda item, a resolution approving recommendation on Stevens' open space application. **2. D** — Stevens testified his property taxes increased 935% when the land was removed from open space classification during ownership transfer. **3. B** — Alexander Harris explained that properties scoring over 45 points receive automatic staff recommendation for approval. **4. C** — The conservation easement is held by Whatcom Land Trust, protecting sensitive wildlife habitat on the property. **5. D** — The Planning Commission recommended denial unless the landowner accommodated public access, despite the high conservation score. **6. B** — Harris stated the Stevens application covers four parcels totaling "just over 30 acres." **7. A** — Both Elenbaas and Scanlon voted yes to recommend approval as written, with Donovan absent. **8. C** — Harris described the property as having mature forest over 100 years old with cedar, hemlock, and Douglas fir. **9. C** — Council Member Galloway noted that council, not the planning commission, has authority to authorize public access waivers. **10. B** — Chair Elenbaas mentioned the application was scheduled for County Council consideration that evening at 6 PM. --- ## MODULE S4: Q&A — COMMON QUESTIONS **Q: What exactly is the open space program and why does it matter?** A: The open space program allows property owners to pay property taxes based on their land's current use (like forest or wetland) rather than its highest and best use (like subdivision potential). This provides tax relief to landowners who keep their property in conservation-friendly uses, helping preserve environmental resources and preventing sprawl development. **Q: Why did Stevens face such a huge tax increase when he bought the property?** A: The property had been enrolled in open space since 1992, but due to technicalities during the ownership transfer, it was automatically removed from the program. This shifted the tax assessment from current use to highest and best use, resulting in a 935% increase. The assessor's office also doesn't actively track conservation easements, so the existing conservation protections weren't factored into the assessment. **Q: What makes this property special enough to qualify for the program?** A: The Stevens property scored 66.17 points, well above the 45-point threshold. It features mature forest over 100 years old, sophisticated wetland complexes, documented bald eagle habitat, and is already protected by a comprehensive conservation easement. These factors make it particularly valuable for environmental conservation. **Q: Why was there controversy about public access requirements?** A: The property scored high enough for approval even without public access, and Whatcom Land Trust initially supported no public access to protect sensitive wildlife habitat. However, the Planning Commission wanted to ensure public benefit from the tax reduction and recommended denial unless public access was provided, creating tension between conservation and public access goals. **Q: What public access is Stevens now offering?** A: Stevens submitted a supplemental proposal offering limited public access to a pond area with designated trails and a picnic area, plus guided tours of the full property when conducted by qualified conservation groups like Whatcom Land Trust or the conservation district. This balances public benefit with habitat protection. **Q: How does the committee's recommendation affect Stevens' taxes?** A: If the County Council approves the committee's recommendation, Stevens would see roughly a 90% decrease in property taxes, saving approximately $25,000 annually. However, the recommendation still needs full County Council approval. **Q: What happens if someone gets hurt while accessing the property?** A: This was a concern raised during the meeting. Stevens noted that while the county is fully indemnified, he as the landowner is not fully protected from liability for public activities on the property, which factored into his preference for limited and supervised access. **Q: Is it unusual for properties to already have conservation easements when applying for open space classification?** A: According to planner Alexander Harris, it's "somewhat rare" for open space applicants to already have conservation easements. The Stevens property has what Harris described as a "really comprehensive and restrictive easement," which should count for something in the evaluation process. **Q: What's the next step in the process?** A: The application goes to the full County Council for final consideration, likely at their evening meeting on November 5, 2025. Stevens can participate remotely or in person to speak during public comment. The council can approve in whole, in part, or deny the application. **Q: How does this case highlight problems with the current system?** A: This case shows how the tax assessment system doesn't adequately recognize conservation easements, leading to inappropriate tax burdens on conserved land. It also demonstrates the need for better coordination between different county offices and clearer policies on balancing conservation value with public access requirements.

## MODULE S1: STUDY GUIDE **Meeting ID:** WHA-PDV-2025-11-05 ### Meeting Overview The Whatcom County Planning and Development Committee met on November 5, 2025, to review a single open space application. Committee members Ben Elenbaas and Jon Scanlon recommended approval of the Stevens property application for open space current use assessment, which would significantly reduce the landowner's property taxes in exchange for conservation protections and limited public access. ### Key Terms and Concepts **Open Space Current Use Assessment:** A tax program that allows property owners to have their land valued at current use instead of highest and best use, resulting in reduced property taxes in exchange for conservation commitments. **Conservation Easement:** A legal agreement that permanently restricts development on a property to protect its environmental values, in this case held by Whatcom Land Trust. **Public Benefit Rating System (PBRS):** A scoring system used to evaluate open space applications, with properties scoring over 45 points eligible for staff recommendation approval. **Current Use vs. Highest and Best Use:** Current use values land based on its present condition (forest, wetland), while highest and best use considers development potential (subdivision into 5-acre parcels). **Planning Commission:** County advisory body that reviews applications and makes recommendations to the County Council before final decisions. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Ben Elenbaas | Committee Chair | | Jon Scanlon | Committee Member | | Todd Donovan | Committee Member (absent) | | Alexander Harris | County Planner, Planning and Development Services | | Collin Stevens | Property Owner/Applicant | ### Background Context This application highlights the tension between conservation goals and public access requirements in Whatcom County's open space program. The Stevens property features over 30 acres of mature forest and wetlands protected by a conservation easement, but the landowner initially preferred no public access to protect sensitive wildlife habitat. When the Planning Commission recommended denial unless public access was provided, it created a dilemma: should conservation value alone qualify for tax benefits, or should public access always be required? The case also demonstrates how changes in property ownership can disrupt long-standing tax classifications. Stevens faced a 935% property tax increase when the land was removed from its previous open space classification during the ownership transfer. ### What Happened — The Short Version Alexander Harris presented the Stevens application for open space classification on four parcels totaling just over 30 acres near Everson. The property scored 66.17 points under the Public Benefit Rating System, well above the 45-point threshold for approval. However, the Planning Commission had recommended denial unless public access was provided, despite the property's high conservation value and existing conservation easement. Property owner Collin Stevens explained his situation: he purchased land that had previously been in open space but was removed due to technicalities, resulting in a 935% tax increase. He initially preferred no public access to protect sensitive wildlife habitat but submitted a supplemental proposal offering limited public access to a pond area and guided tours with conservation groups. Both committee members supported the application, with Galloway noting that council, not the planning commission, has authority to waive public access requirements. The committee unanimously recommended approval as written. ### What to Watch Next - County Council consideration of this application at their evening meeting - Development of specific public access rules and signage for the property - Potential review of open space program policies regarding conservation easements and public access requirements ---

## MODULE S2: FLASH CARDS **Meeting ID:** WHA-PDV-2025-11-05 **Q:** What bill number was discussed at this meeting? **A:** AB2025-769, a resolution approving recommendation on an application for open space current use assessment. **Q:** Who was the property owner/applicant? **A:** Collin Stevens, seeking open space classification for four parcels totaling just over 30 acres. **Q:** What was Stevens' property tax increase after losing open space classification? **A:** 935%, resulting in approximately a $22,000 increase in his property tax bill. **Q:** What score did the Stevens property receive under the Public Benefit Rating System? **A:** 66.17 points, well above the 45-point threshold required for staff recommendation. **Q:** What is the minimum score needed for staff to recommend approval of an open space application? **A:** 45 points under the Public Benefit Rating System. **Q:** Which organization holds the conservation easement on the Stevens property? **A:** Whatcom Land Trust holds the restrictive conservation easement protecting sensitive wildlife habitat. **Q:** What was the Planning Commission's recommendation? **A:** Deny the application unless the landowner accommodated public access, despite the high conservation score. **Q:** What type of habitat does the property contain? **A:** Mature forest over 100 years old, wetland complex, documented bald eagle habitat, and habitat for various other species. **Q:** Who presented the staff report to the committee? **A:** Alexander Harris, a planner from the Planning and Development Services Department. **Q:** What was the committee's final recommendation? **A:** Unanimous approval as written, with both Elenbaas and Scanlon voting yes. **Q:** What public access did Stevens propose in his supplemental memo? **A:** Limited access to a pond area with trails, plus guided tours conducted by Whatcom Land Trust or conservation district. **Q:** When did the Planning Commission originally review this application? **A:** October 9, 2025, where they recommended denial unless public access was provided. **Q:** What zoning is the property located in? **A:** R5 zoning, located just south of Everson. **Q:** Which committee members were absent? **A:** Todd Donovan was absent; Ben Elenbaas and Jon Scanlon were present. **Q:** What's the next step for this application? **A:** County Council consideration, likely at their evening meeting on November 5, 2025. ---