# BP Refinery Open Space Reclassification: A Tale of Two Failed Motions The Whatcom County Planning Commission gathered on March 26, 2026, for what would become a textbook case of democratic deliberation in action—complete with passionate debate, failed motions, and ultimately, a unanimous decision to punt a contentious decision to the county council. At the heart of the evening's discussion was BP's application to reclassify 138 acres of wetland property near their Cherry Point refinery from agricultural open space to general open space land, a seemingly technical change that exposed deeper questions about corporate responsibility, public access, and the fairness of tax policy. ## Meeting Overview Chair Matt Barry called the meeting to order at 6 PM with eight commissioners present, minus Red Brown who was running late. The commission welcomed its newest member, Selena Nobel, who introduced herself as a Community First organizer and union representative with experience at Peace Health St. Joseph's. Her perspective as a renter, student, and lower-income resident would prove relevant to the evening's tax equity discussions. The agenda centered on BP's open space application, presented by county planner Alex Harris, followed by a public hearing that attracted no public comment, and then an extended work session where commissioners wrestled with competing values around taxation, public benefit, and corporate stewardship. ## The BP Open Space Application: Technical Details and Broader Implications Alex Harris, a planning department staffer, walked the commission through BP's application to reclassify four parcels totaling 138 acres from Open Space Agriculture (OSAG) to Open Space Land (OSL). The property, zoned for heavy industrial use, lies between BP's refinery and terminal along the pipeline corridor at Cherry Point. "The parcels were originally classified as OSAG back in 1997 because commercial farming likely had taken place on those parcels in the past. No commercial farming is there currently," Harris explained. BP had proactively sought the reclassification rather than waiting for the assessor to force the change—a detail that would become important in commissioners' deliberations. The property's Public Benefit Rating System (PBRS) score of 43.05 fell just short of the 45-point threshold typically required for staff approval. The site presented a complex picture: ecologically significant wetlands choked with invasive species, limited public acce…