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Whatcom County, WA Zoning Overlays & Bonuses: Density Bonus Law (2026)

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

Key Facts

Base bonus cap
35% over underlying zone density
Birch Bay bonus
Up to 100%, Resort Commercial, outside floodplain
Bonus stacking
Additive credits, not compounded
Ineligible area
Water Resource Protection Overlay District
Governing chapter
WCC Chapter 20.85, Planned Unit Development
Verification point
Final PUD review under WCC 20.85.365

Summary

Whatcom County lets Planned Unit Developments earn up to a 35 percent density bonus above the underlying zone under WCC 20.85.108, stacking additive credits for open-space improvements, historic preservation, energy efficiency, renewable heat and shoreline public access. In the Birch Bay Urban Growth Area's Resort Commercial zone, single-family PUDs can instead double base density, up to 100 percent, outside the floodplain.

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

§ 20.85.108. Density increases. (1) The county may approve an increase of dwelling unit density for residential development, or floor area for commercial and industrial activities of not more than 35 percent greater than that permitted by the underlying zone. Properties located within a Water Resource Protection Overlay District shall not be eligible for a dwelling unit density increase. ... are to be treated as additive, and not compounded: (a) A 15 percent increase in base density for meeting the requirements of this chapter. ... (f) A 15 percent increase in the base density for the creation and preservation of significant public access on shorelines. ... (4) In a Resort Commercial zoning district located within the Birch Bay UGA, the County may approve an increase of dwelling unit density for single-family dwellings of not more than 100 percent greater than that permitted by the underlying zone, if the following criteria are met: (a) The dwellings are located outside the floodplain; and (b) No density increases for residential development are granted pursuant to subsection (1) of this section; and (c) Density credits are acquired pursuant to Chapter 20.91 WCC.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4963078; v4 updated 2026-06-23; through 06-23-2026).

Full Breakdown

85, is the only path to added residential density beyond a project's base zoning; a standalone lot outside a PUD cannot claim a density bonus. 108(1), the zoning administrator may approve a residential density increase, or added floor area for commercial and industrial PUDs, of up to 35 percent above what the underlying zone allows, rounded to the nearest whole number. Properties inside a Water Resource Protection Overlay District, which shields the Lake Whatcom drinking-water watershed, are categorically ineligible for any bonus. The remaining credits are additive, not compounded, and include: 15 percent for meeting the chapter's baseline PUD standards; 10 percent for built recreational open space such as trails, courts or pools; 10 percent for preserving a historically or architecturally significant structure, subject to the planning director's sign-off no later than technical committee review; 10 percent for buildings that cut energy use to 75 percent or less of the Washington State Energy Code baseline; 10 percent for on-site renewable energy covering at least 20 percent of combined space and water heating; 15 percent for preserving public shoreline access; and a separate 15 percent rear-lane/alley-garage design bonus for single-family and multifamily projects in urban residential zones. 91 WCC's transfer-of-development-rights program. 365.

Violations & Fines

A PUD that builds beyond its approved density, or claims a bonus percentage it never actually qualified for, is a zoning code violation Whatcom County Planning and Development Services pursues through its standard land-use enforcement process. Bonus eligibility documentation, especially the energy-performance analysis required for the two energy-related credits, must be submitted and verified at final project review under WCC 20.85.365 before the project can proceed; unsupported bonus claims are stripped at that review, and any density built without an approved bonus can force a permit correction or stop-work action.

Frequently Asked Questions

How much extra density can a Whatcom County PUD earn?
Up to 35 percent above the underlying zone's base density or floor area, per WCC 20.85.108(1), earned through additive credits such as open-space improvements, historic preservation, energy efficiency, renewable heat and shoreline access. Properties inside the Water Resource Protection Overlay District, which shields the Lake Whatcom watershed, cannot claim any density increase under this section.
Does the density bonus apply to any parcel, or only PUDs?
Only Planned Unit Developments processed under WCC Chapter 20.85. The bonus is tied to the PUD's design and performance standards, and transfer-of-development-rights credits from designated sending areas must be used first to reach a zone's normal maximum density before any WCC 20.85.108 bonus is layered on top of that.
What is the Birch Bay density bonus?
In the Resort Commercial zone within the Birch Bay Urban Growth Area, WCC 20.85.108(4) lets the county approve single-family density up to 100 percent above the base zone, but only outside the floodplain, only if no bonus under subsection (1) is also taken, and only when density credits are acquired under Chapter 20.91 WCC.
Can a project stack every bonus category at once?
Yes, the credits under WCC 20.85.108(1)(a) through (g) are additive rather than compounded, but the combined total still cannot exceed the 35 percent ceiling on residential density or commercial and industrial floor area set in the opening paragraph of the section.

Sources & Official References

Other rules in Whatcom County

All Whatcom County rules

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