Current Heavy Industry will stay

Although Oeser/Bell Poles has had a dirty, dangerous past, new EPA regulations have made the current operation safer for the community. They are a welcome neighbor, creating jobs and needed products. With strict Washington vesting regulations, Oeser will be able to continue operations as they have and will not be effected by new changes Save The Waterfront is calling for to protect the Alderwood/Birchwood residents from new dangerous Heavy Industrial activities.

“A Taking”?

Land owners who may be effected by a restriction of uses within the Heavy Industrial zones, may believe that they are protected of these changes by the 5th Amendment’s recognition of a “taking” which is unlawful without just compensation. Supreme Court rulings are specific in this case, and any changes within the Hii code, or changes to the zoning itself IS NOT a taking.

“Land use controls often generate regulatory takings claims, as restrictions on land use can impact property value in many ways. The Court has held that such controls constitute a “per se” regulatory taking if they deny a property owner any “economically viable use of his land.” ^{Reference – Agins v. City of Tiburon, 447 U.S. 255, 260 (1980)}.

https://crsreports.congress.gov/product/pdf/R/R47562

As current industrial activities will be unhindered in their ability to continue business as they are, and the land will continue to have economic viability in whatever form its takes, light industrial, mixed use, residential, etc, there is considerable (possibly increased) value of the land and economic use, thus changing the zoning IS NOT a taking.

Background

In 2020 ABC Recycling, a Canadian Company, purchased 20 acres of Heavy Industrial Land within Bellingham’s Alderwood Urban Growth Area. The company planned to import end of life vehicles and appliances to the property, shred the cars and machines, then truck them to the Bellingham Waterfront for storage and finally shipment to South East Asia. With vehement outcry by the community, both the Waterfront storage operation was terminated, and the Shredder application was canceled in Spring of 2024.

This experience woke up the community to how bad new heavy industrial activity could effect the developing areas of the Waterfront, and the Urban Growth Area (the UGA), just to the west of the City of Bellingham. The UGA, will at some point become a part of the City of Bellingham, and due to its low density offers the community an important supply of land to support a new supply of much needed housing.

At any time, a new businesses could submit its application for a new heavy industrial activity in either of the two Hii locations noted above, as well as a third, slightly to the South East (off map). With a cement plant, and log treatment plant already in the area, further heavy industrial activity will hinder the success of the UGA for residents and the economy.

Now

Save The Waterfront has partnered with thousands of nearby concerned residents, as well as the Alderwood and Birchwood neighborhoods to find a solution that will suit the needs of all parties. As current businesses are vested, and may continue operation as a ‘non-conforming use’, and residents, as well as City and County officials are concerned about any future dangerous activity beginning operations in the area, we are working with the County to change the Hii (Heavy Impact Industrial) zoning to light industrial, mixed use, or residential zoning.

This process will require a Comprehensive Plan Change and must go through a series of steps to become legally changed. This process will take until at least December 2025 if not longer, while an application by an unconcerned company could drop to the County Planning Department tomorrow.

What

We are asking that the County Planning Commission act quickly and decisively to stop the most dangerous of activities until the process is able to move forward to a suitable solution for all parties. As there are Performance Standards that specify levels of noise, pollution, fumes and others for Heavy and Light Industrial, a clean, concise and easy change to the County Code would be to implement Light Industrial Performance Standards where Heavy Industrial Standards were before.

This would only make one simple change. Instead of levels set by the Washington State and Northwest Air Pollution Control Authority standards, no emission of toxic gases or fumes would be allowed. This simple and basic change would decrease the risk of dangerous new Heavy Industrial activities until the Comp Plan could be changed.

But…

Yes. What about the loss of Heavy Industrial land that industry and employees rely on? Conversations had by the County Council help us believe that there is overwhelming support to change the Heavy Industrial land in the UGA to something less dangerous, while exchanging the Hii land to another equal amount of land in the County that has a buffer away from residents, and sensitive ecosystems.

There are many thousands of acres of Heavy Industrial Land near the Cherry Point area of Whatcom County, as well as the shuttered Alcoa Aluminum smelter, along with land nearby other ongoing industrial activities that would be suitable and within close proximity to needed infrastructure and employees to reduce commutes.