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Whatcom County, WA Environmental Rules: Stormwater Management (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governs
unincorporated county MS4 discharges
Civil penalty
up to $1,000 per day
Stop-work violation
gross misdemeanor, $500-$1,000/1 yr
Administrator
director of public works
Appeal path
Whatcom County hearing examiner
State authority
Ch. 90.48 RCW, Clean Water Act

Summary

Whatcom County bans illicit discharges into its municipal storm sewer system (MS4) in unincorporated areas under WCC Ch. 16.36, with civil penalties up to $1,000 per day and stop-work orders escalating to a gross misdemeanor for noncompliance.

City-specific rules exist: Bellingham has its own stormwater management rules that differ from Whatcom County's county-level regulations. If you live in Bellingham, check the city-specific page instead.

The purpose of this chapter is to comply with provisions of the State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also known as the Clean Water Act, Title 33 United States Code, Section 1251 et seq.). Discharging certain substances to the county municipal separate storm sewage system (MS4) is prohibited. ... Any person who violates any of the provisions of this chapter shall be guilty of a civil offense and may be fined a sum not to exceed $1,000 for each offense. After a notice of violation has been given, each day of site work in conjunction with the notice of violation shall constitute a separate offense.

Full Breakdown

020 implements the state Water Pollution Control Law (Ch. 48 RCW) and the federal Clean Water Act by prohibiting discharge of certain substances to the county's MS4, the network of ditches, catch basins, culverts and storm drains that serves unincorporated roads and developments. 030). 050(E)). 050(F)). 050(A)). 060(A)-(C)). 060(E)).

Violations & Fines

A civil offense carries a fine up to $1,000 per violation, with each day of continued site work after a notice of violation counting as a separate offense (WCC § 16.36.060(A)). Failing to comply with a stop-work order is a gross misdemeanor: minimum $500 fine (not suspendable), maximum $1,000 fine or one year in jail, with each day of noncompliance a separate offense (WCC § 16.36.060(E)). The county may also revoke permits, restore a violated site at the owner's expense, and deny permits at that site for up to six years (WCC § 16.36.060(D), (F)).

Frequently Asked Questions

What is illegal to dump into Whatcom County's storm drains?
Any nonstormwater discharge to the county's MS4 not expressly allowed is illicit under WCC § 16.36.020 and § 16.36.040(E). That covers most wash water, chemicals, and wastewater; a short list of conditional and permissible discharges, like dechlorinated pool water or footing drains, is carved out in WCC § 16.36.050(D)-(E).
Can I drain my swimming pool into the street in unincorporated Whatcom County?
Only if it's dechlorinated to 0.1 ppm or less, pH-adjusted, and controlled to avoid resuspending sediment; pool cleaning wastewater and filter backwash may never go to the MS4 (WCC § 16.36.050(D)(3)). Otherwise it's an illicit discharge under WCC § 16.36.020.
What happens if I ignore a county stop-work order for a stormwater violation?
It becomes a gross misdemeanor under WCC § 16.36.060(E), carrying a mandatory minimum $500 fine that a court cannot suspend, up to a $1,000 fine or one year in jail, with each day of continued noncompliance a separate offense.
Who enforces Whatcom County's stormwater rules and where do I appeal a penalty?
The director of public works or a designee administers WCC Ch. 16.36, with the planning department, health department and sheriff assisting enforcement (WCC § 16.36.050(A)). A penalty can be appealed in writing within 30 days for county remission, and a final decision goes to the county hearing examiner (WCC § 16.36.060(C)).

Sources & Official References

Other rules in Whatcom County

All Whatcom County rules

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