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Real Briefings

Whatcom County Planning Commission

WHA-PLN-2026-03-26 March 26, 2026 Planning Commission Meeting Whatcom County
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The Whatcom County Planning Commission deadlocked 4-4 on BP's application to reclassify four industrial parcels totaling 138 acres from Open Space Agricultural (OSAG) to Open Space Land (OSL) status at Cherry Point. The application failed to meet the county's minimum public benefit rating score of 45, achieving only 43.05 points. Staff recommended denial based on this scoring shortfall. Commissioners were split between those who viewed the application as a reasonable tax classification adjustment for wetland-heavy property unlikely to be farmed, and others who saw insufficient public benefit to justify shifting tax burden to other property owners. The property, located between BP's refinery and pipeline in heavy industrial zoning, presents unique challenges for public access due to security concerns and difficult terrain dominated by invasive reed canary grass and blackberry. Two failed motions revealed the commission's internal divide: first, a motion to deny the application with invitation to reapply with trail plans failed 4-4; second, a motion to approve with requirements for good-faith collaboration on public access also failed 4-4. Ultimately, commissioners unanimously voted to forward the application to County Council without recommendation, leaving the decision to the elected body. The discussion highlighted broader questions about the Open Space Land program's effectiveness, the balance between tax policy and public benefit, and BP's ongoing efforts to audit and properly classify their extensive land holdings. With BP indicating this represents the first of multiple reclassification applications, the outcome may set precedent for future industrial open space decisions.

**Primary Action:** Motion to forward BP's OSL application to County Council without Planning Commission recommendation - **PASSED UNANIMOUSLY** **Failed Motion 1:** Deny application and invite BP to reapply with public trail plan - **FAILED 4-4** *Voting Yes (Deny):* Barry, Brown, Greg, Hansen, Moseri *Voting No (Support):* Don, VanDalen, Nobel* *Note: Exact vote count unclear from transcript* **Failed Motion 2:** Approve application with requirement for good-faith collaborat…

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The debate centered on fundamental questions about open space tax policy and public benefit standards. Staff planner Alex Harris explained that the four parcels scored 43.05 on the Public Benefit Rating System (PBRS), falling short of the 45-point minimum threshold established by county policy for staff approval recommendations. **Property Characteristics:** The 138-acre site sits in heavy industrial (HII) zoning between BP's refinery and terminal, connected by pipeline infrastructure. Despite extensive wetlands, planning staff confirmed the property remains developable for industrial uses with appropriate mitigation. The terrain is dominated by invasive species making pedestrian access extremely difficult. **Public Access Challenges:** Current access is limited to abandoned county roads closed to vehicles but open to pedestrians and cyclists. Two key access points exist via gate…
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**Nash (BP Representative):** Emphasized BP's commitment to proper land classification rather than tax savings, noting "it's not about the money, it's actually about doing it correctly." Expressed willingness to work with county on appropriate public access improvements while maintaining necessary security restrictions near refinery operations. **Alex Harris (County Planner):** Recommended denial based on scoring methodology, but acknowledged the property provides some ecological value and could potentially support trail development with proper planning. Noted the site's extreme wetness and invasive species challenges make current recreational access nearly impossible. **Christine Larson (A…
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**Nash (BP), on application motivation:** "We want to make sure that we're paying our fair share essentially... It's not about the money, it's actually about doing it correctly." **Commissioner VanDalen, on tax policy perspective:** "Is it worth $6,000 of annual tax loss to the county taxpayer to get BP into an open space process where we as the county have more leverage in conversations with BP about their property?" **Alex Harris, on site accessibility:** "I take pride in my ability to wal…
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**County Council Action:** Application proceeds to County Council for final decision, likely within 4-6 weeks. Council may approve, deny, or approve with conditions based on Planning Commission discussion. **April 9, 2026:** Planning Commission will consider housing code amendments with potentially only five members present due to absences. **Future BP Applications:** Additional reclassification applications expected as BP continues comprehensive aud…

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The Planning Commission's deadlock represents a significant departure from typical open space application outcomes, which usually result in clear recommendations. The 4-4 split forces County Council to make the decision without Planning Commission guidance. BP's proactive approach to land classification represents a new dynamic in Cherry Point industrial area management, potentially setting precedent for how large industrial landowners manage their …
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# BP Refinery Open Space Reclassification: A Tale of Two Failed Motions The Whatcom County Planning Commission gathered on March 26, 2026, for what would become a textbook case of democratic deliberation in action—complete with passionate debate, failed motions, and ultimately, a unanimous decision to punt a contentious decision to the county council. At the heart of the evening's discussion was BP's application to reclassify 138 acres of wetland property near their Cherry Point refinery from agricultural open space to general open space land, a seemingly technical change that exposed deeper questions about corporate responsibility, public access, and the fairness of tax policy. ## Meeting Overview Chair Matt Barry called the meeting to order at 6 PM with eight commissioners present, minus Red Brown who was running late. The commission welcomed its newest member, Selena Nobel, who introduced herself as a Community First organizer and union representative with experience at Peace Health St. Joseph's. Her perspective as a renter, student, and lower-income resident would prove relevant to the evening's tax equity discussions. The agenda centered on BP's open space application, presented by county planner Alex Harris, followed by a public hearing that attracted no public comment, and then an extended work session where commissioners wrestled with competing values around taxation, public benefit, and corporate stewardship. ## The BP Open Space Application: Technical Details and Broader Implications Alex Harris, a planning department staffer, walked the commission through BP's application to reclassify four parcels totaling 138 acres from Open Space Agriculture (OSAG) to Open Space Land (OSL). The property, zoned for heavy industrial use, lies between BP's refinery and terminal along the pipeline corridor at Cherry Point. "The parcels were originally classified as OSAG back in 1997 because commercial farming likely had taken place on those parcels in the past. No commercial farming is there currently," Harris explained. BP had proactively sought the reclassification rather than waiting for the assessor to force the change—a detail that would become important in commissioners' deliberations. The property's Public Benefit Rating System (PBRS) score of 43.05 fell just short of the 45-point threshold typically required for staff approval. The site presented a complex picture: ecologically significant wetlands choked with invasive species, limited public acce…
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### Meeting Overview The Whatcom County Planning Commission met on March 26, 2026, to review BP's application to reclassify four parcels totaling 138 acres from Open Space Farm and Agricultural land (OSAG) to Open Space Land (OSL) at Cherry Point. After extensive discussion, the commission was unable to reach a recommendation, resulting in a 4-4 split, and forwarded the application to county council with no recommendation. ### Key Terms and Concepts **Open Space Land (OSL):** A tax classification program administered by the planning department using the Public Benefit Rating System (PBRS) that provides tax incentives for landowners who maintain property with significant public benefit resources like recreation, ecology, or scenic value. **Open Space Farm and Agricultural (OSAG):** A tax classification for properties actively engaged in commercial farming or agriculture, administered by the assessor's office with different requirements than OSL. **Public Benefit Rating System (PBRS):** A scoring system that evaluates properties based on ecological characteristics, watershed features, and public benefit resources. A minimum score of 45 is needed for staff approval of OSL applications. **Heavy Impact Industrial (HII):** The zoning designation for the BP parcels at Cherry Point, allowing for intensive industrial uses like refineries and related facilities. **Tax Shift:** The phenomenon where when one property receives a tax reduction through open space classification, other property owners in the same taxing district pay slightly more to maintain the same total tax revenue. **Open Space Tax Agreement:** A recorded legal agreement between the county and landowner that specifies conditions for maintaining open space classification, including public access requirements and land use restrictions. **Back Taxes and Penalties:** If a property is removed from open space classification due to non-compliance, the owner must pay four years of back taxes at full rate plus a 20% penalty and interest. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Alex Harris | County Planner presenting the application | | Nash (last name unclear) | BP representative and applicant | | Christine Larson | County Assessor's Office representative | | Selena Nobel | New Planning Commission member, introduced herself | | Matt Barry | Planning Commission Chair | | Jim Hansen | Plann…
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Land Use & Planning Environmental Government Operations Bp Planning Development Services Whatcom County Assessor Whatcom County Council Whatcom County Planning Commission Alex Harris Christine Larson Dominic Moseri Jim Hansen Matt Barry Nash Bp Nicholas Greg Rudd Brown Scott Vandalen Selena Nobel Cherry Point Environmental Restoration Industrial Development Land Use Policy Open Space Land Public Access Tax Policy Trail Development Wetlands Zoning