Urban Forests

Loophole allows landowner to avoid city requirements

By David Stalheim, WEC Secretary

In 2017, the City of Bellingham issued a Critical Areas and Clearing Permit to allow harvest of trees at Samish Heights. The conditions of those permits limited the harvest to 30% of the trees and required protection of critical wildlife habitat and buffers around Class I mature forested wetlands.

This overview of the forests and wetlands was submitted to the City as part of the landowners application to clear 30% of the timber

Wetland A was determined by the wetland consultant to be a Class I mature forested wetland, requiring a 150 foot buffer around the wetland under City Critical Area Requirements

This image was taken by the wetland consultants at the time of their site visits on January 31st, February 14th, and March 1st of 2017. Source: CAP2016-0036, STM2016-0068 and SEP2016-0017, "Exhibit C, Critical Areas Assessment, Samish Heights, Bellingham, WA, Appendix C", NW Ecological Services

This was the tree harvest plan approved by the City in 2017.

Landowner terminates permit and applies for less restrictive permit

In 2018, the property owner chose another path to harvest the forest at Samish Heights. Rather than apply for a clearing permit through the City, the property owner chose to pursue harvest of the forest through the State Department of Natural Resources. This "loophole", which appears to be legal, allowed the property owner to avoid all City requirements for clearing of the land and protection of critical areas and wetlands.

The conditions for using this loophole were:

1. The landowner had to maintain the property as forest lands for ten years;

2. The landowner had to manage the forest in accordance with a forest management plan:

   1. Reforestation was to begin in March 2020 and include 250+ seedlings per acre.

   2. Reforestation checks were required every two years.

   3. Competing vegetation checks were required every two years.

The difference between City and State forest cutting requirements were significant. The State would not enforce City habitat or wetland requirements, allowing timber to be harvested in Class I forested wetland buffers. While the City allowed just 30% of the timber to be harvested, the State allowed 95%. Over one mile of roads were constructed and over 1,300 million board feet of timber was harvested.

This video of "Wetland A" was captured after the timber was harvested.

Under the Growth Management Act, forested land within the city limits - or urban growth area, are not considered commercial forest lands. When a landowner applies to clear the forest, it is assumed that they will convert to non-forest uses. In fact, the landowner's website says there is a "significant master-planned residential development" that it intends to pursue. Rules allowing the cutting of the forest for a ten year delay just circumvents local rules meant to protect our urban forests and critical areas.

Why Urban Forests Matter

We all have our personal reasons why we might love urban forests. Urban forests provide areas for recreation and open space close to where we live and work. Urban forests and retention/increase of tree canopy are also critical to boost carbon sequestration, reduce heat islands, and improve air quality in overburdened communities.

In this heat map, you can see areas of Bellingham that were much hotter than others, which corresponds with less tree canopy. Source: Whatcom Million Trees Project (https://whatcommilliontrees.org/)

In 2023, the Legislature amended the Growth Management Act (GMA) to require the City's comprehensive plan show the use, location, and distribution of "urban and community forests". The Legislature also required that the City adopt a climate change and resilience element that results in reductions in overall greenhouse gas (GHG) emissions and enhances resiliency to and avoid the adverse impacts of climate change.

Retention of our urban forests accomplish both GHG emission reductions and climate resiliency.

• Tree loss accounts for 12% of the estimated communitywide greenhouse gas emissions in 2022. (Source: Whatcom County 2022 Greenhouse Gas Emissions Analysis, Figure 4, pg. 11)

• 40% of Bellingham is covered by tree canopy and 42% of the entire Urban Growth Area. The majority (54%) of tree canopy is found on private land. (Source: City of Bellingham Urban Forest Plan, Draft April 2024, pg. 16 and 19)

Samish Crest forests were identified as significant wildlife habitat with the highest biodiversity scores in several of the City's studies. The harvested area is shown in the red outline. Source: "Exhibit C, Critical Areas Assessment, Samish Heights, Bellingham, WA", NW Ecological Services

2022 Aerial photo of Samish Heights and Samish Crest. Areas shaded green are part of the City's Greenways program. Source: Bellingham GIS https://maps.cob.org/arcgis4/rest/services/Imagery/Photo_2022/MapServer

This overview from 2022 includes the subwatershed boundaries and wetland delineations. Wetland A, which was identified as a Class I mature forested wetland that required a 150 foot buffer under City Critical Area requirements, was within the Lake Padden watershed. Source: Bellingham GIS

What action can be done to close this loophole?

We're encouraging the Bellingham City Council to add two policies to the Bellingham Plan before they take action December 8th.

1. Ensure state forest practices within the City require appropriate approvals for all phases of the conversion of forestlands, including land clearing and grading and protection of critical areas, consistent with Bellingham’s development regulations and Urban Forest Plan.

2. The city establishes a city-wide tree canopy cover of no less than 40%, to be updated and implemented through adoption of an urban forest plan, capital facilities plan and development regulations.

You can contact the City Council and Mayor and ask them to add these policies to the Bellingham Plan.

Mayor Kim Lund: mayorsoffice@cob.org

City Council: ccmail@cob.org

Council members (https://cob.org/gov/council):

• Hollie Huthman (hahuthman@cob.org),

• Hannah Stone (hestone@cob.org),

• Dan Hammill (dchammill@cob.org),

• "Skip" Williams (ehwilliams@cob.org),

• Lisa Anderson (laanderson@cob.org),

• Michael Lilliquist (mlilliquist@cob.org), and

• Jace Cotton (jacotton@cob.org).

This effort to close this loophole is just beginning. It appears that changes to the State Forest Practices Act and Rules might be necessary. Let us know if you want to help by signing up as a Whatcom Environmental Council supporter.

Protecting Lake Padden and Samish Crest

By Laurie Caskey-Schreiber

Laurie Caskey-Schreiber

October 25, 2025

Below is a letter I recently sent to the City Council as they move to adopt growth areas for the next ten years. I wrote this because I live in this neighborhood and have come to love this open space area near my house. Yes, some will call me a NIMBY, but as I have learned more about this area not only do I love it, but for multiple reasons it is a really bad idea to hold it for future growth. Here is my letter explaining what I believe ….  

Bellingham City Council 210 Lottie Street Bellingham, WA 98225 Dear City Council Members: I understand you will soon make decisions about how the City will move forward in adopting a plan to accommodate future growth. I understand how laborious this process can be, as I served on the Whatcom County Council (2002-2010), and was heavily involved in the county-wide update of the Whatcom County Comprehensive plan in 2009.

I am taking this opportunity to share a bit of history with you, and hope to influence the outcome of your planning decisions. When we (the County Council) decided to remove the UGA status for the area on the south side of Yew Street Hill (including the South Hills neighborhood), we did not make this change without serious consternation. The following factors influenced my final decision to put this area in Urban Reserve status:

• The geography for this area makes the entire southern portion of Yew Street Hill prone to heavily influence Lake Padden’s water quality. If you look at a LIDAR map of the area, you will see that steep slopes allow everything in its path to flow to Lake Padden.
  

• Lake Padden water quality is at risk of eutrophication. Urban development contributes to excess phosphorous being delivered to the Lake. Hastening the decline of that resource. Lake Padden Park is used year round by thousands of Bellingham and county residents, it is a resource worthy of serious protection. Historically the water quality was good enough to serve as a reservoir for South Bellingham. Why let it degrade to swamp?
  

• In 2009, the City staff determined that to further develop this area was cost prohibitive to the City of Bellingham. Upgrading the last remaining stretch of Yew Street Hill Road will cost at a minimum five million dollars (today, per County Public Works staff – the cost would be closer to 7 million, minimum). The area at the top, also needs additional water infrastructure, cost estimates vary, but probably in the 5 to 10 million range. Developing Palmer Road to city standards for an access road to Samish Crest area is probably going to cost 3 to 5 million.

• The South Hills neighborhood was developed to City standards, however due to cost the City declined to allow for annexation. So now, people who live in this neighborhood, have an urban feel, but pay almost double for their utility bills, and have to rely on the County for the maintenance of their roads. The homeowner’s association maintains the stormwater retention pond, and recently spent almost $100,000 to have it cleaned and serviced. Even though this is well-maintained system, it does not remove any amount of phosphorous.
  

Photo by Laurie Caskey-Schreiber - View from Samish Crest

Now, my perspective on the current decision before you, obviously all of the factors that we considered in 2009, are still relevant today. Protecting Lake Padden has never been more important. Each year the Lake experiences a huge growth in algal blooms, that are often toxic to animals and humans. I live in the South Hills neighborhood, and I constantly see people washing their cars, piling up grass clippings, and animal waste not being properly handled. Humans degrade the environment, and there isn’t a stormwater system out there that can fully negate that fact. Lake Padden is a real treasure, and deserves to be preserved for future generations to enjoy. Cost, being a huge one, at what point do you be honest and really look at the costs involved for the number of housing units this area would accommodate. They certainly won’t be adding affordable housing up there, because the developer will have to target high end buyers to recoup their investments. Will the developer really cover the cost to finish Yew Street Road (at least 7 million), water infrastructure (10 million), Palmer Road upgrade (3-5 million), so for 250 homes, someone needs to invest 20 to 25 million, otherwise the city taxpayers will be footing the bill.

Another option, and I highly encourage you to step off the hamster wheel of trying to meet the needs of the growth projections; instead, plan for the people and wildlife, here and now!

• The area above South Hills, known as the top of the Hill or the crest of Samish crest, has already had a portion of it preserved via the Greenways Program, and although that’s important, adding to that space would be a legacy you can all be proud of.
  

  

  Photo by Laurie-Caskey Schreiber - The crest of Samish Crest

  
  

• This area is teaming with wildlife. I personally hike there at least three to four times a week. I have seen so much wildlife that I now hike with my phone on (Pandora on speaker), to let them know that I am passing through. I have seen, multiple coyotes, bobcats, deer, racoons, and rabbits. My neighbor’s property abuts the forest, and he has collected a series of videos of cougars passing through the property with their cubs, year after year. It’s a special area for wildlife and they deserve to have representation and protection.
  

  Chris Sandvig provided permission to post this video he captured early this month of cougars in his backyard, abutting Samish Crest east side forest.

  
  

• This area is easily accessible by at least five neighborhoods (Yew Street, South Hills, Parkhurst, Samish Crest, Samish Hill and Puget Hill). What’s really important is that this area provides walkable recreation to many. It is already enjoyed by hundreds of visitors almost every day. It also provides some of the most gorgeous views of Bellingham! Well worth protecting, so that everyone has access to enjoy this special feature of our town.

  
  

  

  Photo by Laurie Caskey-Schreiber - Walking my dogs on a Samish Crest trail accessed from Governor Road

I want to thank you in advance for giving my comments further consideration. I have the luxury of seeing how our decisions made in 2009, played out. In hindsight, I wished I would have focused more on quality of life in our town and county, rather than just doing whatever I could to meet those growth projection numbers.

Thank you for your service! Your work is important and much appreciated. Warm Regards,

Laurie Caskey-Schreiber

Former Whatcom County Councilmember

Member of the Whatcom Environmental Council

C: Whatcom County Council

Meet the Whatcom Environmental Council

By Carl Weimer Originally published by Whatcom Watch, October 2025.

The Whatcom Environmental Council (WEC) is a relatively new local nonprofit that officially incorporated just a year ago. The WEC Board of Directors is currently composed entirely of retirees — individuals with decades of experience working on environmental issues from a wide range of roles and perspectives. Among us are former elected officials, government and tribal employees, attorneys, business people, and nonprofit leaders.

We came together because, while we enjoy the freedom retirement brings, we also recognize the value of our collective experience. It would be a shame not to share the knowledge we’ve gained to help our community continue making environmental progress. We may be retired, but we’re far from done — we still have hard-earned wisdom to offer.

New Adventure

Aging is a new adventure, one we’re still learning to navigate. Personally, the older I get, the faster time seems to pass. I’m increasingly aware that I may not have much time left to hike that skyline trail I’ve always meant to explore, paddle that wild river, travel abroad, reconnect with old friends, or leave things in good order for my kids. And yes, I still want to remind decision-makers that, too often, they prioritize short-term economics and human convenience over the broader well-being of all living things.

I also find myself walking into the garage to do something, only to forget what it was. While those memory lapses used to worry me, I’ve come to embrace them as a reminder that sometimes, another cup of coffee on the deck watching birds is more important than fixing a loose toilet seat or touching up house paint.

Getting older also gives us a unique perspective on change — something younger generations may not fully grasp. That perspective can be limiting if it leads to nostalgia or resistance to new ideas, but it can also be a powerful reminder of how far we’ve come.

We remember a time before computers, apps, and the internet when no one had a supercomputer in their pocket to answer most questions as fast as your thumbs can type. We remember when industry along our waterfront made Bellingham smell like rotten eggs or warm Wonder Bread, and some of the most toxic chemicals in the country were produced and used there and ended up in our local waters. We can remember a time when you could go to Cherry Point in the late spring and experience the water alive with spawning herring that attracted a cacophony of sea birds, roving seals and sea lions, porpoises, and Lummi fisherman.

That amazing perspective on change helps me to celebrate the apps on my smartphone that can identify plants or bird songs that with my hearing aids I can’t even hear. It also caused me to sit on a log at Cherry Point late this spring and weep since, for the past three years, no herring spawn has been detected there.

Born Over Beers

The idea for WEC was born over beers between Stan Snapp (former Bellingham City Council member) and me (a former County Council member), after we both left public office. We had previously worked together to create the Lake Whatcom Policy Group at a time when city and county councils were more focused on blaming each other for water quality issues than on solving them. Our hope with WEC was to use our experience and networks to help current leaders avoid wasting time reinventing the wheel and instead build on past efforts.

Born over beers: Carl Weimer, Stan Snapp, Rick DuBrow

We were pleasantly surprised by how many others with similar backgrounds wanted to join us. In September 2024, we officially formed as a 501(c)(4) nonprofit — a designation that allows us to engage in direct policy advocacy and even endorse candidates if we choose.

In our first year, WEC has focused on providing guidance on local decisions that impact the environment. As a volunteer-run organization, we’ve had to be strategic about where we invest our time and energy. We prioritize issues where our expertise can make a difference and where others aren’t already deeply involved.

Here are a few things we’ve done in our first year:

• Weekly Agenda Reviews: Each week we review the agendas for the upcoming meetings of all the city councils in the county, as well as the County Council, the PUD, the Port of Bellingham, the Northwest Clean Air Agency, and the Conservation District, to see if there are topics on those agendas we should weigh in on. We also review major development permits and land use changes, and the release of a variety of plans and proposals. (We could use some more volunteers to help do these weekly reviews. If interested, send an email to whatcomec@gmail.com.)

• Lake Whatcom Advocacy: We weighed in with the Bellingham City Council about how inappropriate it is to try to increase housing in the Lake Whatcom Watershed, even in the face of an affordable housing crisis.

• Outreach and Education: We created a website (https://www.whatcomenvirocouncil.org/), Facebook page (https://www.facebook.com/profile.php?id=61564044226611) and started publishing a monthly newsletter to help educate and keep people informed of our efforts. You can sign up to receive the newsletter directly on our website, and all of our comment letters and past newsletters are posted on the website.

• Advocacy on Population Growth: We pointed out to all the cities and the county that, as part of their Comprehensive Plan updates, they are choosing higher population numbers than are needed by all the best forecasts, and that such growth-oriented choices can lead to unnecessary sprawl, loss of farm and forest lands, and higher infrastructure costs for their existing taxpayers.

• Comprehensive Plan Comments: We advocated with all the cities and Whatcom County to follow the new Growth Management Act requirements to develop strong climate actions, include ways to reduce the use of motor vehicle trips, and protect the urban tree canopy and create community forests. We also pointed out that there is supposed to be separation between cities, and that it is often possible to use these required separations for beneficial open space and wildlife corridors.

• Samish Crest Forum: We held a public forum to educate neighboring residents about the potential land use changes outlined in the draft Comprehensive Planning documents from the city and county that could affect the Samish Crest area and the water quality in Lake Padden.

• Incinerators and Sewage Sludge: We are continuing to work with a coalition of local people and groups on needed changes to Bellingham’s handling of its sewage sludge to ensure it is being dealt with environmentally responsibly and in a way that doesn’t burden citizens with hundreds of millions of dollars on cost.

• Cherry Point Coalition: We have been an active member of a coalition of environmental groups from Whatcom, Skagit and San Juan counties reviewing the permitting requirements for proposed changes to the AltaGas LPG export facility at Cherry Point to ensure such changes do not expand greenhouse gas emissions, or that the huge increase in train and ship traffic does not negatively impact the human and natural environment, including efforts to protect orca whales. The county is currently trying to approve all of these permits without any comprehensive environmental impact statement, and we stand ready to challenge that decision if the county does not change the determination.

photo by David Stalheim: A liquefied petroleum gas tanker being loaded at Cherry Point.

While it’s been rewarding to stay engaged, running an organization and responding to so many issues is a lot of work. It sometimes conflicts with our retirement dreams of travel, recreation, and relaxation. Clearly, we’ve tapped into a real community need. More and more people and organizations are reaching out for help.

This growing demand has put pressure on our WEC Board of Directors. To help manage the load, we recently hired a very part-time administrative assistant. Still, we constantly remind ourselves that we can’t do it all. If we want to be able to expand our impact and respond to more requests for assistance, we need more board members and volunteers — and a way to coordinate them effectively while maintaining the high standards we’ve set for engaging with local governments.

Our ability to do more, while maintaining the volunteer-driven stature of the organization, may be our biggest challenge in the near future. If you’re interested in volunteering or joining the board, please reach out. We’d love to hear from you.

____________________________________

Carl Weimer is the president of the Whatcom Environmental Council, and also the Special Projects Advisory for the Pipeline Safety Trust. Previously he spent 12 years on the Whatcom County Council, and also served as the executive director of both the Pipeline Safety Trust, and before that RE Sources.