State bill would ban new urban growth in floodplains

Law could affect future city planning along Nooksack River

JARED PABEN - THE BELLINGHAM HERALD

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A bill in Olympia would prohibit counties from expanding urban growth on land that sees river flooding, which could affect future city planning near the Nooksack River.

The bill, which has passed the House and Senate and is headed for Gov. Chris Gregoire's desk, would prohibit designating new urban growth areas in floodplains, although there are several exceptions that would still allow it.

Right now, Whatcom County is reviewing and changing its urban growth areas, including Birch Bay, Cherry Point, Columbia Valley and all seven cities. But the bill probably won't immediately impact Whatcom County because Ferndale, Lynden and Everson, which are all on the river, aren't poised to seek urban growth in floodplains, their planning directors said.

READ THE BILL
To read EHB 1967, the bill that would ban expansions of urban growth areas into floodplains, go to apps.leg.wa.gov/billinfo, and type in 1967 into "Search by Bill Number."

Still, Everson city planner Rollin Harper has some concerns that the bill could tie the city's hands in the future.

"It removes the flexibility, makes it impossible to respond to unique circumstances," he said. "It may be just a little bit misplaced to be looking at things with such a broad brush."

For example, an owner of 50 acres west of downtown and north of the river has asked for urban growth area status for his land, enabling urban development, but part of the property is in the floodplain, Harper said. The bill could restrict growth in areas that are the next logical place for urban development, he said.

Lynden planning director Amy Harksell said planning for the city's future should be done at the local level.

"I think Lynden is the best jurisdiction to plan for Lynden," she said.

State anti-sprawl group Futurewise supports the bill, calling it a "common sense bill" to protect people and property, save taxpayer money and protect the environment.

The bill would prohibit expanding urban growth areas into floodplains unless the following exceptions are met:

• The growth area is completely within the floodplain and lacks buildable land outside of it.

• Expansion outside the floodplain isn't possible because urban services can't physically be extended there or the expansion would require crossing a river or estuary.

• Public facilities, which are already in the floodplain, couldn't be expanded without growth area status.

• There's already urban development there.

• The land is owned by a local government, there are no rights to develop it and the land is limited to things like outdoor recreation, habitat and environmental enhancement projects, stormwater treatment facilities or flood-control structures. Also, projects and facilities can't disrupt natural flooding or pollute during floods.

The bill passed the House 61-35, with Rep. Dave Quall, D-Mount Vernon, excused from the vote. Reps. Kelli Linville, D-Bellingham, and Jeff Morris, D-Mount Vernon, voted for it. Rep. Doug Ericksen, R-Ferndale, voted against it. The Senate passed it 38-7 with Sen. Dale Brandland, R-Whatcom County voting for it. Sen. Kevin Ranker, D-San Juan Island, was absent.

The bill, proposed by Rep. Scott White, D-Seattle, is EHB 1967.