Lake Whatcom continues to degrade while the county engages in endless delays in updating land use regulations mandated by federal and state laws and the Growth Management Hearings Board. The Whatcom County Council’s primary concern is clearly not the health and safety of 100,000 county residents who rely upon Lake Whatcom's drinking water. Lake water fails to meet water quality standards, requiring the addition of increasing amounts of carcinogenic chemicals. 

Proposed Lake Whatcom watershed stormwater standards have stalled while the council reviews the cost of compliance for development of smaller lots, as well as the amount of phosphorus generated by small lots in the watershed. The council is considering an exemption from proposed stormwater standards for small lots (less than 10,000 sq. ft) because they believe it might be too financially burdensome for developers. Under the proposed standards, all new watershed development could "only” exceed natural forested conditions by 25%. Council has not expressed interest in revisiting the 25% allowance. In other words, under any scenerio, revised stormwater standards would still result in excess phosphorus loading.

However, the county is under a requirement from the Washington State Department of Ecology to restore the lake’s water quality. This requires reduction in the level of phosphorus run-off from existing development. Additional phosphorus run-off from future growth will need to be included in the county’s water clean up plan, increasing the overall deduction in phosphorus runoff  that must be achieved. Allowing additional phosphorus run-off in the future makes it more difficult and costly to meet water quality standards.

So the county is also examining “potential offsets from the additional phosphorus loading resulting from the potential exemption” of small lots. And remember, the county will also need to off-set the additional 25% excess phosphorus run-off level that is proposed for all other new watershed development. 

The Planning Commission has provided the council with its suggestion for a “potential offset” to increased levels of future water pollution. They recommend council create a Lake Whatcom Management District, and assess additional fees on watershed residents.  Exhibit D of Agenda Bill 2012-117. (I have heard rumor that this fee could be substantial for watershed residents.)  

As a watershed resident, I am disturbed by the suggestion that I pay more in assessed fees than other water users. I moved into my watershed home years after it was built, and years after other watershed development degraded the lake. I hardly think I should pay more than others who had an active hand in damaging the lake’s water quality. And those responsible can not be identified by current geographical location.

The county and city had a responsibility to protect Lake Whatcom from degradation. They were on notice for many years that development was the primary source of degradation, and they have failed to enact adequate land use regulations. They continue to allow recreational use of the lake, and to permit more residential docks, even after the discovery of aquatic invasive species. The general public is at least a little complicit by re-electing officials who failed to make good on campaign promises to restore the lake. The people who profited from lax regulations were the developers who initially built and then sold watershed homes, and those involved in recreational watercraft activities.

Under this potential “solution,” existing watershed residents will be required to subsidize private watershed development. Future residents will be allowed to add to harmful excess phosphorus run-off levels. This will increase Lake Whatcom's water pollution, but those who are polluting will not be held responsible. Rather, the cost will be passed along in the form of an assessed levy against current watershed residents. We do not need a “solution” that protects the profits of private development, knowingly increases degradation of an important public resource, and passes the costs along to a targeted sub-group of water users.

I pay property taxes for schools, although I have no children. I also pay for other municipal services I do not use.  I have never objected to this. As part of our government system, we all contribute to necessary government services and facilities. But the “potential offset” solution suggested by the Planning Commission changes the rules. If approved by council, it would reflect the most blatant attempt yet to subsidize the profits of private development with public funds. Of course, council could recognize this as a bad idea, particularly if they received public comment.

The council’s Natural Resource Committee is reviewing the proposed Lake Whatcom stormwater regulations and small lot exemption on Tuesday, November 20, 2012. Tell the council that new watershed developers who pollute should pay for it.. and nobody else. All new watershed development should be subject to a zero excess phosphorus run-off standard in order to protect the lake, and effective stormwater standards should be enacted without unnecessary delay.