The Birch Bay Incorporation Association steering committee voted at its Sept. 17 meeting to move forward with the formal incorporation process. If the process goes smoothly voters could be deciding whether Birch Bay should become its own city as soon as November 2027.
The next step will be to file a notice of intent to incorporate with the county. The notice of intent will be reviewed by the incorporation group’s executive committee before it is submitted.
Upon submitting the notice of intent to incorporate, a formal review process would begin which includes a public hearing, a Whatcom County Boundary Review Board petition, and a meeting before the final Boundary Review Board. The matter could then be placed on ballots.
“(There’s) lots of research ahead of us, but that’s where we’re at,” said steering committee chair Matt Berry.
In order to file the notice of intent, the group had to establish a proposed city’s name, its form of government and the city’s boundaries.
At its Sept. 17 meeting, the group settled on the City of Birch Bay as its proposed name. The steering committee also approved the city’s classification as a noncharter code city because it would allow for more flexibility to adapt its municipal operations as the city evolves.
The alternative to a noncharter code city would be a second-class city, which is restricted to a mayor-council, or a “strong mayor,” form of government. In Washington, only five cities operate as second-class cities, whereas 197 cities operate as noncharter code cities.
The steering committee went on to approve a council-manager form of government because it would allow a city administration to have a vision for the new city that could span across election cycles. The structure would also allow elected officials to focus on policy, rather than spending time on administrative duties.
Berry said he favored the council-manager structure over a strong mayor because it would be safer while trying to establish a new city. An experienced city manager may be better equipped to navigate executive duties than an elected mayor.
“It might be less risky to put the day-to-day operations management in the hands of a city manager, preferably someone with a ton of experience who wants to come out to a charming beach — (a) coastal, new city where they can do it right from the beginning,” Berry said.
The group also established the city’s proposed boundaries. The committee approved adoption of the current Birch Bay Urban Growth Area with a few amendments.
Notably, the amendments excluded Point Whitehorn from the city’s proposed boundaries.
Berry said that because Point Whitehorn is separated from Birch Bay by Birch Bay State Park, it may make it difficult to offer the same level of services to that area if Birch Bay did become its own city.
Birch Bay Water and Sewer District General Manager Sandi McMillan gave a presentation about the proposed boundaries, and the district’s role if Birch Bay were to incorporate.
McMillan said the district is neutral regarding incorporation, but remains committed to providing services to residents regardless of the outcome.
She said the district currently serves 8,500 customers, but the Whatcom County Comprehensive Plan projects the area’s population to grow by about 2,700 within the next 10 years.
“Growth will be happening to this area, and for 60 years (the district) has been preparing for this type of growth,” McMillan said.
She warned the audience that if Birch Bay were to become a city, its government could impose a utility tax on its residents.
As an example, Blaine applies a 9% tax on water and sewer services and Lynden applies a 10% tax, she said.
“The concept of utility taxes and how this could maybe create some division within Birch Bay is something that you want to explore as a topic,” McMillan told the committee and the audience.
Finally, she told the steering committee what’s likely to be the biggest challenge facing Birch Bay if it incorporates: climate change.
She said the county’s natural hazards mitigation plan projects “tremendous sea level rise and compound flooding events.”
She said sea level rise and the compound flooding events will be harmful to the district’s sewage infrastructure. She hopes the district can secure grant funding to move its sewer infrastructure to higher ground, but the city will face similar complications.
“For the steering committee that would be probably your biggest problem as an incorporated city,” McMillan said.
A few Birch Bay residents told the steering committee during the public comment period that they opposed incorporation.
Berry said that the group isn’t telling residents how to vote, instead it’s working to allow the matter to be placed on ballots.
After the group files its notice of intent to incorporate, a public hearing will be held within 30 days. The group would then have six months to collect signatures from at least 10% of the registered voters in the area who support incorporation.
The group, which recently created the We are Birch Bay Political Action Committee, is aiming to raise $25,000 to support the group’s effort to bring the incorporation question before voters.
Berry said that if the group hustles, the question could be on the general election ballot in November 2027. The group has studied incorporation for about three years. In June it transitioned from studying incorporation to advocating for it.
"Personally, I want to get the show on the road. I think we could talk about it all day, forever,” Berry said. “But we need to get it in front of the registered voters to really find out if we’re ready for this, or if people want this.”
More information about the BBIA and its findings can be found on the group's website at wearebirchbay.org.
