Lake Overlay Regulations

WMTP Tree Protection Project

Lake Overlay District Tree Regulation Revisions

Updates to Improve Tree Retention on Private Parcels Within Key Lake Watersheds

During 2022, WMTP worked with RE Sources and Whatcom County staff to develop much-needed revisions to Whatcom County’s Lake Overlay District (LOD) ordinances.

The LOD ordinances are special rules for private landowners within Lake Whatcom, Lake Samish, and Lake Padden watersheds. Our revisions balanced the legitimate needs for tree removal with the community need for clean drinking water and climate resilience.

Why Overlay District Revisions Were So Important

As new homes are built, or when existing landowners improve views or build additions, many mature trees are often removed. (Most undeveloped private lots are covered in tree canopy.) Tree removals per property may not seem significant, but the cumulative impacts are especially consequential. The health of Lake Whatcom, in particular, is vital to ensure our community has clean drinking water.

Before our revisions, landowners would typically clear-cut log most or all of a site prior to building a home on a small portion of the lot. A classic example from Lake Whatcom watershed is shown below.

This common land clearing approach was easy to do and provided some extra dollars for the cut trees sold. But in the larger context of protecting our watersheds for our community, it was unreasonable and unsustainable.

Our Revised Tree Canopy Rules

Under the prior LOD ordinance, up to 35% of a parcel’s tree canopy (3.5 acres on a 100% forested site) could be removed for ANY reason. Now the rules depend on whether the tree removal is due to development or for another reason…

If the tree removal is NOT related to development (such as to open a view or yard area, or to remove trees too close to a home), an owner may remove up to 20 percent of the tree canopy — but not more than 14,000 square feet — as measured from January 1, 2017 canopy levels on the property shown in aerial maps.

The 14,000 SF removal cap is key. In larger parcels, it retains MUCH more tree canopy, as you can see in the chart below.

For example, for a 10-acre parcel the revised rules potentially save over 3 acres of valuable tree canopy. And potentially double that savings for a 20-acre parcel. This is a huge WIN for our watersheds!

Regarding tree removal RELATED to development (such as building a new home), our goal was to improve tree retention but still allow a reasonable amount of site area to be cleared to build a home or other structure. The revised rules we came up with are therefore progressive based on the size of the lot:

So now let’s compare the results. Under the prior LOD rules up to 35% of the tree canopy could be removed. For a 10-acre site, that means up to 3.5 acres. Now, under the new rules, the maximum removal when associated with development is 1.5 acre of tree canopy. That’s two acres of saved trees — another BIG WIN for our watersheds (while still allowing a reasonable site area to be cleared to build a home)!

Under the revised rules, other LOD ordinance provisions such as stiffer penalties for unauthorized tree removal have been established, too.

Watershed Trees Saved Over Time

Our revision recommendations received unanimous approval from the Planning Commission in early July 2022, and then unanimous approval from Whatcom County Council in September 2022. We commend both bodies for taking this important step.

Over several years, these new tree retention rules will likely save hundreds, possibly thousands, of trees in our key local watersheds. The quantity per year will vary depending on the number of permits approved by the County per year, and the size and nature of each lot.

What resulted here in Whatcom County was a fair deal for all stakeholders, especially when considering that many Northwest cities (i.e. Portland, Seattle, Everett) protect their drinking watersheds entirely from development and logging.

Volunteer Opportunities

• Interesting in helping us advocate for local watershed tree protection? Please contact us!

Related Links/Resources

WMTP’s Other Watershed Tree Initiatives

Whatcom County’s Overview of LOD Tree Removal Regulations

Whatcom County’s Lake Overlay District Ordinance