News Update

POSTED: Sunday, Jun. 28, 2009

Appeals court overrules Whatcom fire district in growth case

The Washington Court of Appeals has overturned a lower court ruling that appeared to give county fire districts significant new authority to regulate growth.

In 2007, Whatcom County Superior Court Judge Charles Snyder ruled in favor of Whatcom County Fire District No. 21, also known as North Whatcom Fire and Rescue. District officials contended they had the legal authority to withhold a so-called "concurrency letter" stating that they could provide adequate levels of fire and emergency medical service to a proposed new development.

The issue flared in fall 2006 when the Whatcom County Council approved a 200-home development in the Birch Bay urban growth area, Horizons Village at Semiahmoo, over the fire district's objections.

Fire district commissioners wanted county officials to allow them to collect "voluntary" impact fees to cover the district's costs to provide the added services they said the new development would need. While fire districts have no legal authority to demand impact fees, they do have the power to grant or deny the concurrency letters.

The county's concurrency ordinance states that such a letter is required before a new subdivision can be approved, but developers and county officials contended that the levels of emergency services were deemed adequate when land use plans for the Birch Bay area were updated effective in 2005. In their view, Horizons Village and other developments could be approved on that basis, without further review by the fire district.

The district filed a lawsuit arguing otherwise.

Jon Sitkin, attorney for the fire district, said district commissioners have already instructed him to prepare a motion for reconsideration of the appeals court's ruling, although they have yet to formally vote on the matter. Sitkin thinks it likely that the case will go to the state Supreme Court.

The cost of further appeals will be relatively low compared to the money the district has already spent on the case, Sitkin said.

Fire Chief Tom Fields said the litigation has cost the district more than $100,000 so far, and he acknowledged that not all district taxpayers are happy about that. But as he sees it, the case is vital to the district's long-term financial and legal health.

"This is a critical issue for the district," Fields said. "We have said we cannot provide the levels of service we are asked to provide."

The district's annual budget is now about $5.2 million. Fields argued that the district could be held financially liable if population growth in its service area renders it unable to provide fast enough response to save lives and put out fires.

Fields said the district wants to work with developers to find a way to help the district pay for the expanded service that is needed in Blaine, Birch Bay and adjoining areas.

"That was the premise for all this," Fields said.