Within the Lake Whatcom watershed, BMC 16.80.080 requires residential single development to retain (or restore) at least 30% of the total site area as a Native Vegetation Protection Area (NVPA) of native trees, understory, and ground cover, protected in perpetuity by covenant or conservation easement. Outside the watershed, BMC 20.12.030 (Landscaping) requires tree species to be native to the area or recognized as easily adaptable to the climate for commercial and multi-family landscaping.
Bellingham has stronger native-plant rules than most Washington cities because of its drinking-water reservoir. (1) Lake Whatcom Reservoir Regulatory Chapter (BMC Ch. 16.80) — also known as the Silver Beach Ordinance — applies to all lands, development actions, and land-use activities within the city limits that drain to Basin One of Lake Whatcom. Under BMC 16.80.080 (residential single development), at least 30% of the total site area must meet the 'natural forested condition' and be retained as the NVPA. The NVPA is defined as that area on a site that is in a natural forested condition, with a forest canopy and a multiple understory of plants, all comprised of native vegetation — or that same area restored to the natural forested condition. The NVPA must be protected during construction and in perpetuity by covenants or conservation easements granted to the City of Bellingham prior to building permit issuance. Different stormwater methods may require different percentages. (2) Citywide landscaping (BMC 20.12.030) — applies to all new construction and remodeling where the cost exceeds 50% of the assessed valuation; single-family homes and individual manufactured homes are exempt. Tree species shall be native to the area or recognized as being easily adaptable to the climate. Landscape-based LID BMPs shall be used within parking lot landscaping to meet drainage requirements unless infeasible, with a minimum 7-foot width of landscaping including parking overhang. (3) Shorelines (BMC 22.08.100) — native vegetation management standards apply within shoreline jurisdiction. The City and Whatcom County jointly run a Neighborhood Native Landscaping Program in the Lake Whatcom watershed.
Failing to establish and protect the required 30% NVPA on residential single development in the Lake Whatcom watershed prevents issuance of a building permit under BMC 16.80.080 until the covenant or conservation easement is granted to the City. Violating the NVPA protection in perpetuity (clearing the protected native vegetation later) is a code violation subject to City enforcement under the stormwater and watershed provisions. Outside the watershed, commercial / multi-family landscaping that does not meet BMC 20.12.030 species and LID requirements prevents issuance of the certificate of occupancy.
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