Whatcom County is launching a comprehensive update to its Critical Areas Ordinance, the set of land use regulations that governs development on properties containing wetlands, flood zones, steep slopes, salmon habitat, and other environmentally sensitive lands across the county. The update, managed by Whatcom County Planning and Development Services, comes with a series of public meetings scheduled through December 2026, and county officials are actively seeking comment from landowners, farmers, developers, and residents.
What Is the Critical Areas Ordinance?
The Critical Areas Ordinance, found in Whatcom County Code Chapter 16.16, establishes development standards for six categories of regulated land: geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wetlands, fish and wildlife habitat conservation areas (including streams, ditches, and priority species habitat), and properties with critical areas that have ongoing agricultural activity. The ordinance applies to any landowner or developer who wants to build, clear, or grade near one of these regulated features.
The purpose of the CAO is straightforward: to balance human activity against the natural environment, protect the county's ecological systems, and keep development within the bounds set by Washington State's Growth Management Act. The law requires counties to protect the functions and values of critical areas while still allowing for economically productive use of land. For a county like Whatcom, where agriculture, salmon streams, and residential growth all compete for space along river valleys and shorelines, those tradeoffs are rarely simple.
Why Is the Ordinance Being Updated Now?
State law requires Whatcom County to revisit its CAO every ten years to incorporate updated regulations adopted at the state and federal level. The last major update was completed in 2016, which means the current revision is both legally required and overdue to reflect a decade's worth of new science. This update will incorporate changes in Best Available Science, a legal standard under the Growth Management Act that requires counties to use the most current research when setting buffer widths, habitat protections, and hazard setbacks.
In practical terms, that can mean wider stream buffers to protect salmon, tighter restrictions on building in flood-prone areas as the county's floodplain data is updated, or new rules around aquifer recharge zones that protect Whatcom's drinking water supply. The county has not yet released specific proposed changes, but the schedule of meetings suggests the most significant discussions will center on riparian management zones, meaning the vegetated buffers along streams and rivers that are critical to water quality and fish habitat.
Whatcom County has experienced rapid growth pressure in its western lowlands, particularly around Ferndale, Lynden, and the I-5 corridor, while its eastern valleys remain dominated by agriculture. Any changes to the CAO will land differently in different parts of the county, and farmers in particular have historically engaged closely with these updates given the agricultural exemptions written into state law.
Public Meeting Schedule Through December
The county has released a tentative schedule of public meetings where residents can weigh in. All in-person meetings are also accessible online:
On September 29, the Planning and Development Services team will present the update to the Whatcom County Council at 311 Grand Avenue in Bellingham, with an online participation option. The following day, September 30, the county will hold a public open house at the County Courthouse at the same address.
On October 8, the update goes to the Planning Commission at the county's Northwest Drive offices at 5280 Northwest Drive in Bellingham. On October 22, the Planning Commission will hold a focused workshop specifically on riparian management zones, a session that will likely draw significant interest from agricultural landowners. A public hearing on recommended amendments follows on November 12 before the Planning Commission.
The County Council will receive the recommended CAO amendments on November 24, followed by a public hearing on final amendments on December 8. Both Council sessions will be held at 311 Grand Avenue and include online access.
How to Engage and What to Watch For
Residents, landowners, and businesses can submit written comments at any point in the process by emailing plandev@whatcomcounty.us. Oral comments can be made at any of the public meetings listed above. The county asks that participants watch the Whatcom County website for updates, as dates are still tentative and could shift.
The October 22 riparian management zone workshop is particularly worth watching. Riparian buffers, the vegetated strips along streams and rivers, are among the most contested elements of any CAO update. Salmon recovery advocates typically push for wider buffers, while farmers and some rural landowners argue that excessive buffer requirements take productive land out of use without meaningful ecological benefit. That tension has defined CAO debates in Whatcom County for decades.
For context, Whatcom County sits within the Nooksack River watershed, which supports four species of salmon and steelhead listed under the federal Endangered Species Act. The county's CAO directly shapes how much riparian habitat is protected along the hundreds of miles of streams draining into the Nooksack and its tributaries. Decisions made in these meetings will affect not only development permits but the county's obligations under ongoing salmon recovery efforts coordinated with state and tribal governments.
Anyone who owns or manages land in Whatcom County with a stream, wetland, steep slope, or floodplain feature should consider attending or submitting comments. The December 8 County Council hearing will be the last formal public opportunity before the updated ordinance is adopted. The county's full update page, including any supporting documents, will be available on the Whatcom County Planning and Development Services website in advance of each meeting.
