Bellingham's grading and drainage review sits at the intersection of BMC Chapter 15.42 (Stormwater Management), BMC Chapter 15.40 (Drainage), BMC Chapter 16.55 (Critical Areas), BMC Chapter 16.80 (Lake Whatcom Reservoir Regulatory Provisions) and the Washington State Building Code adopted by reference under BMC Title 17. The Ecology Stormwater Management Manual for Western Washington (SWMMWW) sets the technical design standard. Redevelopment projects of 5,000 square feet or more of land disturbance trigger Minimum Requirements No. 1 through No. 5. Public Works (Engineering Division) reviews drainage submittals.
BMC Chapter 15.42 incorporates by reference the Ecology Stormwater Management Manual for Western Washington and applies the SWMMWW's nine Minimum Requirements to development and redevelopment projects. Redevelopment projects involving 5,000 square feet or more of land-disturbing activity must comply with Minimum Requirements No. 1 (Preparation of Stormwater Site Plans) through No. 5 (On-Site Stormwater Management). Projects that add 10,000 square feet or more of new impervious surface and discharge directly or indirectly to fresh water trigger the full nine Minimum Requirements including Flow Control and Runoff Treatment, sized to the SWMMWW. BMC Chapter 15.40 (Drainage) administers the city's drainage system: 'The authority and responsibility for administration of this chapter is vested in the department of public works or its successor agency,' and BMC 15.40.140 requires all dedicated drainage facilities to be constructed under contract with the city to design and construction standards. BMC 15.42.060 sets approval standards for stormwater site plans, and BMC 15.42.070 provides for maintenance, inspection and enforcement. Grading itself is reviewed under the building code adopted by BMC Title 17 (IBC Appendix J as adopted in WAC 51-50, with IRC R401.3 requiring minimum positive drainage of 5% for the first 10 feet away from foundations for residential structures). Inside the Lake Whatcom watershed, BMC Chapter 16.80 layers additional requirements: BMC 16.80.080 development standards for residential single development and the BMC 16.80.120 seasonal restriction limiting ground disturbance to June 1 through September 30. Public Works engineering review is the primary venue; the city's adopted SWMMWW design standards control where the BMC is silent.
Grading or drainage work that deviates from the approved drainage plan or fails to install required BMPs violates BMC Chapters 15.42, 15.40 and the State Building Code under BMC Title 17. The city may issue a Stop Work order, require corrective work at the owner's expense, refuse the Certificate of Occupancy, and impose civil penalties. Discharges that aggravate downstream flooding can expose the owner to common-law nuisance and trespass liability to neighbors. Discharges that violate water-quality standards (WAC 173-201A) can be enforced by Ecology with penalties of up to $10,000 per day per violation under RCW 90.48.144. Violations of the Lake Whatcom watershed seasonal-restriction and phosphorus rules in BMC 16.80 and BMC 15.42.050 receive heightened scrutiny because the lake is the city's sole drinking-water source.
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Bellingham, WA
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Bellingham, WA
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Bellingham, WA
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Bellingham, WA
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Bellingham, WA
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