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Bellingham Herald April 15, 2008

Some municipal projects to be exempt from critical areas rule: Law would make some projects too costly, staff says

By Jared Paben

BELLINGHAM - Certain municipal construction projects could dodge some of the city's environmental rules, but the local chapter of anti-sprawl group Futurewise says that's hypocritical. The City Council on Monday approved an ordinance establishing a process to let some city projects skirt the "critical areas ordinance," a law that restricts development near wetlands, frequently flooded areas, geologically hazardous areas and wildlife habitats. The council voted 6-0, with council member Louise Bjornson absent, to approve the language.

City staff members say the law is needed because the critical areas ordinance makes some projects too costly or impossible to design. Exempt projects still would be subject to strict environmental standards, council member Barbara Ryan said.

"The bottom line is: We're doing the best we can to protect the environment, because that is the way Bellingham operates," she said.

But Futurewise said the critical areas ordinance should apply to everyone because it's so important.

"The city's proposed exemption for its (essential public facilities) sends a terrible message to the private sector: 'Do as I say, not as I do,'" wrote Eric Hirst, local chapter chairman for Futurewise. "It could become difficult to strictly enforce the CAO on private projects if the city too readily exempts its own projects from these requirements."

The council also voted, 4-2, to reject a list of projects that could qualify for the exemption. Council members Ryan and Terry Bornemann voted for the list.

Staff members' proposed list included all street, bicycle and sidewalk improvement projects; all drinking water, sewer and storm-water facilities; all parks and trails facilities; and all fire, police, library and other city governmental facilities. Mayor Dan Pike defended the staff efforts, saying private developers don't build arterial streets but the city does, and new streets can have unavoidable impacts on sensitive lands.

Any exempted projects still would have to meet several standards, including:

There can't be a practical alternative to the project with less environmental impact.

Damage to sensitive environments must be kept to a minimum necessary to get the project done.

Construction of the project would be done in a way that minimizes its impact.

After construction, the sensitive environment can't experience any "net loss of function."

"This is not a free ride," said Assistant City Attorney Alan Marriner.

Complying with the critical areas ordinance could kill the city's project to extend San Juan Boulevard from 40th Street through areas of wetlands to near Pacificview Drive, according to a staff report.

The critical areas ordinance also could hurt a project to extend Birchwood Avenue through an abandoned railroad underpass to James Street Road, which could help relieve congestion crossing Interstate 5 on Sunset Drive and Meridian Street.

The city's planning director, Tim Stewart, said staff would narrow the list of qualifying projects. He didn't know when staff would return the list to council.