Whatcom County Council Planning and Development Committee

## 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 ---