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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
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
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 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.
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 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.


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
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
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
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):


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.

 
 
 
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