Farmers upset over county law to keep livestock out of sensitive areas

Haynie Grange to discuss enforcement of environmental law

JARED PABEN - THE BELLINGHAM HERALD

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Whatcom County's enforcement of a law designed to protect sensitive environments from damage is driving some farmers to sell their animals rather than deal with the costly regulations, a Grange member said.

The Custer-based Haynie Grange has scheduled a meeting for Wednesday, Aug. 26, to discuss how the county deals with farmers with livestock near wetlands and streams. The law has been around for years, but the county has become more active contacting farmers the past two years.

The county's Critical Areas Ordinance is designed to protect sensitive environments, including streams and wetlands. Livestock and their waste can't degrade those environments on farms.

That means livestock are either prevented from entering buffers around those environments, or the farmer must create a plan to protect sensitive areas.

Larry Helm, a member of Rome Grange and the county's Agricultural Advisory Committee, said those plans can require buffers and expensive fencing, so some people are getting rid of their animals rather than incur the expense.

He also criticized letters from county officials for threatening hefty fines, and said he wants good science showing farmers' animals are causing fecal coliform, bacteria that signal feces, in county waters. He suggested dogs and cats are contributing, as well as failing septic tanks.

"I think that farmers are some of it, but I don't think they're a lot of it," he said.

Oliver Grah, manager of the county Planning Department's natural resources division, said staff members mainly respond to complaints from residents about violations - for example, cattle in or near creeks - and they start by asking farmers to create a plan, not by threatening them.

"I'm never in favor of alienation," he said. "I'm always in favor of cooperation."

The county subsidizes the cost of creating the plans by paying the Whatcom Conservation District $100,000 a year to write them for farmers, he said. The farmer has to pay $100 to have the plan reviewed by the county.

Scarlet Tang, a planner at the county Public Works Department, said a study a few years ago showed bacteria from bovine feces were present in Drayton Harbor, but the study wasn't able to say what percentage of bacteria came from that source. The feces can infect shellfish and cause disease in humans. The county plans a similar study in Birch Bay this fall, she said.

A county report showed that county staff contacted 206 farmers in 2008 telling them they might need to create a farm plan. Farmers in 14 watersheds were contacted, with nearly half from Drayton Harbor, where the water is polluted under federal standards and many violations have been reported.

The county has pledged to contact another 100 farmers this year, the report states. Grah said the number would be well above that.

ATTEND THE MEETING

What: Meeting to discuss enforcement of a county law designed to ensure farming doesn't harm environmentally sensitive lands.

When: 7 p.m. Wednesday, Aug. 26

Where: Haynie Grange, 3344 Haynie Road, Custer.

Details: Go to Whatcomcounty.us/pds/naturalresources and click on "Critical Areas" at the left, then click on "Conservation Program on Agricultural Lands."