"Thus, the Board finds and concludes that Whatcom County failed to comply with the Growth Management Act and the State Environmental Policy Act and REMANDS Ordinance 2010-067 for compliance with the GMA and SEPA pursuant to this decision within 90 days, to coincide with the schedule for compliance set below. The Board further issues a DERMINATION OF INVALIDITY as to Ordinance 2010-067 in that it substantially interferes with the fulfillment of Goal 10 of the GMA."
Growth Management Hearings Board, Case 11-2-0001 (August 2, 2011)
Whatcom County has been handed its second Order of Invalidity from the Growth Management Hearings Board.
This was based on a challenge filed by none other than County Executive candidate David Stalheim.
Case 11-2-0001 (Link HERE.)
Mr Stalheim's challenge was made against what he refers to as the Permit Resuscitation Ordinance... what I have referred to as the Lazarus Ordinance. (Link HERE.) and (Link HERE.)
From Get Whatcom Planning (Link HERE.)...
The County's argument that projects could not get financing didn't sit well with the Board when they saw that the permit applications had been sitting on the shelves of Whatcom County PDS for fifteen years. The real purpose of the ordinance was... to return to the good old days when the environmental standards in effect didn't protect the environment. The Board was not pleased:
How displeased was the GMHB?
Read for yourself...
"... the County's argument that no further environmental harm would result than what would have happened under prior regulations does not meet the intent of the GMA. If this reasoning were applied elsewhere, changes to improve other laws (e.g. forest practices, salmon recovery, water quality, water rights) would be placed on hold until such time as the economy recovers."
"The Board also finds that the County failed to include Best Available Science in developing the policies and development regulations amended by this Ordinance."
"An interim zoning ordinance may not, under [RCW 36.70A.390], remain in effect for more than one year. The Ordinance on its face is in violation of that requirement."
This one is my personal favorite...
"The fact that a project has been unable to obtain financing for over fifteen years is not a basis for non-compliance with the GMA."
David Stalheim knows the basic rule of surviving a zombie apocalypse. Head shots.
This is only one of many reasons why I'm voting for him for County Executive. I hope you do the same.
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