Start With What Matters to You.
Taxes, services, growth, city government, boundaries, voting and more. Choose a topic below to explore the questions Birch Bay residents are asking about incorporation.
Start Here
New to the discussion? These are the four questions to understand first.
What is Birch Bay today?
Birch Bay is a thriving residential community of more than 9,000 people, but it is not currently a city. Most of Birch Bay is an unincorporated Urban Growth Area governed by Whatcom County.
Birch Bay already has neighborhoods, businesses, utilities, public services, community organizations and an identity of its own. What it does not have is a general purpose local government representing Birch Bay specifically.
What does incorporation mean?
Municipal incorporation is the legal process of creating a new city. If incorporation is approved, Birch Bay residents would elect a city council and local municipal responsibilities would shift from the county to the new city.
Incorporation does not mean every public service suddenly becomes a city department. Washington communities are served by many independent special purpose districts that can continue operating alongside cities.
Is Birch Bay large enough to become a city?
Yes. Washington’s incorporation statutes establish minimum population requirements, and Birch Bay’s population is several times greater than the applicable threshold.
Where is the effort right now?
BBIA completed its initial research and feasibility work and is now working toward the formal incorporation process. That includes finalizing the proposed boundaries and the other elements required for a Notice of Proposed Incorporation.
The formal process itself includes public review, a community petition, Boundary Review Board proceedings and ultimately an election.
Why Incorporate?
The case for incorporation is less about becoming something new and more about gaining local representation for the community Birch Bay has already become.
What is the basic argument for incorporation?
Birch Bay has developed the population, infrastructure and complexity of a small city, but municipal decisions are still made through a county government responsible for communities across Whatcom County.
Incorporation would create a local government whose elected officials are responsible specifically to Birch Bay residents.
What does “local control” actually mean?
It means decisions involving local streets, land use, municipal budgets, development regulations, parks, public safety and other city responsibilities would increasingly be made locally.
More importantly, residents would know exactly who is accountable for those decisions and could elect different representatives if they disagree with the direction of their city.
What is an example of a local decision Birch Bay had little control over?
One example involved the decision to add a stop sign for uphill traffic near Birch Bay Drive and Birch Point Road. Birch Bay residents learned about the proposal shortly before County Council action and turned out in force to oppose it, but the decision still moved forward.
The example illustrates a broader issue: local traffic decisions can be made through a countywide system even when the effect is almost entirely local.
What does Birch Bay Beach Park have to do with incorporation?
Birch Bay has waited years for planned improvements to its community beach park. A project that may rank very high for Birch Bay must currently compete with needs throughout a much larger county.
A city could decide for itself how highly parks, trails, sidewalks, roads and other local improvements should rank in its capital budget.
Could smaller government make community events easier?
Potentially. Insurance and administrative requirements can make even relatively simple community activities difficult to organize on county property.
A smaller government focused on Birch Bay could decide that community building is itself a local priority and work directly with local organizations on events, permits and public spaces.
Could a city work with the organizations already serving Birch Bay?
Yes. A city would not need to replace the many organizations that already serve Birch Bay. It could become another local partner.
For example, when a utility district or another agency identifies an infrastructure need, a city could help coordinate improvements, pursue grants, provide matching funds or address related streets, drainage and land use issues.
What is the accountability difference?
A Birch Bay city council would be elected by local voters to govern Birch Bay. Residents could attend its meetings, comment directly on local decisions and vote councilmembers in or out of office.
Money & Taxes
Does incorporation automatically mean a large tax increase?
Incorporation changes which government receives certain municipal revenues and which government is responsible for municipal services. It does not, by itself, predetermine every tax rate or the service level a future city council would choose.
The financial outcome depends heavily on choices. A city providing a very high level of service costs more than a lean city using contracts and partnerships.
Has Birch Bay’s financial feasibility been studied?
Yes. Birch Bay has been the subject of previous incorporation feasibility work, including a 2008 study, a more recent County funded feasibility analysis and BBIA’s own research.
BBIA’s 2026 analysis emphasizes that there is no single inevitable city budget. Different assumptions about staffing and service levels produce very different outcomes.
What kinds of revenue can Washington cities receive?
Washington cities can receive revenue from multiple sources, including property taxes, sales and use taxes, real estate excise taxes, lodging taxes, utility taxes and fees, state shared revenues, grants and other sources authorized by law.
Some revenues are unrestricted while others can legally be spent only for specified purposes.
What happens to tax revenue generated in Birch Bay today?
Revenue currently collected in unincorporated Birch Bay may flow to Whatcom County, the state or independent taxing districts depending upon the specific tax.
County revenues are budgeted alongside needs throughout Whatcom County. A city would instead adopt a municipal budget specifically for Birch Bay using the revenues legally available to the city.
Why do short term rentals and visitors matter financially?
Birch Bay is primarily a thriving residential community, but it also has a strong tourism component. Hundreds of short term rentals, restaurants, businesses, beaches and parks attract thousands of visitors.
Visitors generate economic activity and tax revenue while also increasing demand on roads, parks, public safety and other services. Some tourism related revenues have statutory restrictions on how they may be spent.
Who would decide the city’s budget?
The locally elected city council would adopt a public municipal budget. Under the council manager proposal being considered by BBIA, the professional city manager would prepare and administer the budget under policies established by the council.
BBIA’s financial models are planning tools. They would not bind the future elected council.
Services
Incorporation changes some responsibilities directly, while others remain with independent districts or require transition agreements.
Would every service become a city department?
No. Washington communities commonly receive services from a mix of cities, counties, special purpose districts, regional agencies, private utilities and contractors.
A Birch Bay city could remain relatively lean by contracting for some services and continuing to work with existing local agencies.
What happens to local roads?
Under state law, county roads located inside the new city become city streets on the official date of incorporation.
The city could maintain those streets itself or contract for some or all road maintenance services.
What happens to law enforcement?
A city is responsible for providing municipal law enforcement. That does not necessarily require immediately creating a large standalone police department.
A new city may use contracts or other lawful arrangements. State law also provides temporary continuation of county law enforcement after the official incorporation date and allows counties and new cities to contract for continued essential services.
Would North Whatcom Fire and Rescue disappear?
No service simply disappears when voters approve incorporation. Fire protection continues through the transition period.
However, the long term legal relationship between a new city and the fire protection district must be formally addressed. Washington law provides mechanisms for continued service, agreements and annexation of a city by a fire district.
BBIA’s planning has assumed continued local fire and emergency service rather than creation of a separate Birch Bay fire department.
What happens to Birch Bay Water and Sewer District?
Birch Bay Water and Sewer District is a separate local government. Incorporation does not automatically dissolve it or turn water and sewer service into a city department.
A future city and the District could continue to work together on infrastructure, planning, grants and growth related improvements.
What happens to library service?
Library service also has specific transition provisions under Washington law. Existing service continues during the transition, and state law provides mechanisms for a city to remain connected with a library district.
What about schools, parks and transit?
Incorporation does not mean the city takes over the Blaine School District. School district boundaries and city boundaries are separate.
Likewise, regional transit and independent park and recreation organizations can continue as separate entities. A city can cooperate with those agencies through agreements and partnerships.
What about stormwater, drainage and other County services?
These responsibilities would be addressed during transition. Washington law specifically allows a county and newly incorporated city to contract for essential services including road maintenance, drainage and other utility related services.
Growth & Zoning
What is an Urban Growth Area?
Under Washington’s Growth Management Act, Urban Growth Areas are places designated to accommodate urban development and projected population and employment growth.
Birch Bay is already an Urban Growth Area. That is why much of the zoning inside the UGA is urban residential, commercial or other urban zoning while surrounding areas are generally rural.
Is the County planning significant additional growth in Birch Bay?
Yes. County planning documents allocate significant additional population, housing and employment growth to the Birch Bay UGA through 2045.
Would incorporation stop growth?
No. Birch Bay is expected to continue growing whether it incorporates or remains unincorporated.
Incorporation changes who makes many of the local planning decisions. A city would still be subject to Washington’s Growth Management Act and other state laws.
Would incorporation automatically change my zoning?
Incorporation itself is not a vote to upzone or downzone individual properties.
A future city would become responsible for local comprehensive planning, zoning and development regulations. Future changes would have to occur through the applicable public planning and legislative processes.
Who would issue building and development permits?
Permitting is a municipal function that a future city would ultimately be responsible for administering.
A new city could build its own permitting staff, contract for some functions or use a combination of approaches during its early years.
City Government
What is a noncharter code city?
“Code city” is a Washington municipal classification. It is separate from the form of government.
Code cities operate primarily under Title 35A RCW and are the most common classification among Washington cities.
What is council manager government?
Under the council manager system, voters elect the city council. The council establishes policy and appoints a professional city manager to oversee daily administration.
This separates political policymaking from professional day to day management.
How many councilmembers would Birch Bay have?
Under Washington law, a council manager noncharter code city of Birch Bay’s population would have seven councilmembers.
Would residents elect a strong mayor?
Not under the council manager structure currently being proposed. The councilmembers are the principal elected officers.
Under the standard council manager structure, the council selects one of its members to serve as mayor or council chair. The mayor presides over the council and performs ceremonial responsibilities, while the city manager handles administration.
Who hires the city manager?
The elected city council appoints the city manager. The manager is responsible to the council for administration of city government.
Could Birch Bay use council districts or wards?
Washington law provides mechanisms for council manager code cities to establish wards. Representation structure is therefore another issue that could be addressed through the municipal process.
Would BBIA choose the first city council?
No. If voters approve incorporation, eligible candidates would file for office and the city’s initial elected officials would be chosen through public elections.
BBIA would not appoint the council or city manager.
Boundaries
What boundaries is BBIA considering?
BBIA’s working proposal is based on the current Birch Bay Urban Growth Area. The final proposed boundary must be precisely described before the formal process begins.
Until the proposal is formally approved and filed, maps on this website should be viewed as informational rather than a final legal boundary.
Why use the Urban Growth Area?
The UGA already represents the area Whatcom County plans for urban development and urban population growth. It also corresponds closely with the urban zoning and infrastructure that distinguish Birch Bay from surrounding rural areas.
What must be submitted for the proposed boundary?
Washington law requires the incorporation proposal to particularly describe the proposed boundaries. Boundary Review Board filings also require a legal description and map.
Can the Boundary Review Board modify the proposed boundary?
Yes. When reviewing a proposal, a Boundary Review Board has statutory authority to approve it, disapprove it or modify boundaries subject to Washington law.
Can an individual property simply opt out?
The incorporation process establishes one legal boundary for the proposed city. Property owners and residents can provide input on boundaries during the process, but the incorporation election is not a parcel by parcel opt in or opt out election.
The Legal Process
What starts the formal process?
A person proposing incorporation files a Notice of Proposed Incorporation with the county legislative authority.
The notice includes the information required for the incorporation petition and is accompanied by a filing fee and an affidavit from a registered voter residing within the proposed city.
What information must the incorporation proposal identify?
The petition identifies the proposed municipal classification, form of government, boundaries, city name and approximate population.
When does the first public meeting occur?
The Boundary Review Board must hold a public meeting on the proposed incorporation within 30 days after the notice is filed. People supporting and opposing incorporation may state their views.
How many petition signatures are required?
The incorporation petition must contain signatures from registered voters residing within the proposed city equal to at least 10 percent of the registered voters residing within that proposed city.
The petition must be filed no later than 180 days after the initial public meeting.
What does the Boundary Review Board consider?
State law directs Boundary Review Boards to consider factors including population, territory, density, land use, comprehensive planning, zoning, service agreements, assessed valuation, natural boundaries, community facilities and anticipated growth.
How long can Boundary Review Board review take?
Once a Boundary Review Board’s review jurisdiction has been properly invoked, state law generally provides 120 days for the Board to make its finding unless an extension is agreed upon.
Chapter 36.93 also establishes a 45 day period in which review may be invoked after the effective filing date of a notice of intention.
Does filing paperwork automatically create the city?
No. Filing begins a public legal process. The proposal must proceed through the required reviews before voters are asked whether Birch Bay should incorporate.
Voting & Transition
Who votes on incorporation?
The incorporation election is held within the area proposed to become the city. Eligible registered voters residing within that area decide the question.
What percentage is needed to approve incorporation?
Incorporation is approved if a majority of the votes cast on the incorporation question are in favor.
When would the incorporation election occur?
State law provides that the incorporation election is held on the next eligible special election date occurring at least 60 days after the required final action or hearing.
If incorporation passes, does the city begin the next day?
No. Washington law requires an interim transition period.
During that period, the initial elected officials can enter contracts, adopt ordinances that take effect when the city officially begins, organize staffing and prepare for the transfer of municipal responsibilities.
When are the first city officials elected?
If voters approve incorporation, separate elections are held to nominate and elect the initial city officials according to the timetable established in state law.
Those elected officials then have limited powers during the interim period so they can prepare the new government before the official incorporation date.
Are services protected during the transition?
State law specifically addresses continuity of government services. Counties, road districts, library districts and fire districts continue providing services through the transition period, subject to the detailed provisions of Chapter 35.02 RCW.
The new city may also enter contracts for continued county services while it develops its own long term arrangements.
What happens if voters reject incorporation?
Birch Bay remains unincorporated and continues to be governed through Whatcom County and the existing special purpose districts.
State law also provides that if incorporation receives 40 percent or less of the vote, another incorporation election covering that area or any portion of it may not be held for three years.
BBIA & Sources
What is the Birch Bay Incorporation Association?
BBIA is a community organization formed to study incorporation, educate the public, develop an incorporation proposal and help Birch Bay residents navigate the legal process.
BBIA is not a city government and has no municipal authority.
Does BBIA decide the policies of a future city?
No. BBIA can analyze options and explain what incorporation makes possible, but many decisions belong properly to the future elected city government.
Incorporation itself does not decide future zoning changes, police staffing, tax policy, capital projects or every detail of city operations.
How do I know whether something on this page is law or a BBIA proposal?
Look for the source labels included throughout this guide.
Where can I read the original documents?
BBIA maintains public records, presentations, meeting minutes, historical incorporation documents, surveys and reports on this website.
We also encourage residents to consult independent sources such as MRSC, the Revised Code of Washington, Whatcom County planning documents and state financial resources.
What are the most important independent sources?
For the incorporation process, start with MRSC’s Municipal Incorporation guide and Chapter 35.02 RCW.
For Boundary Review Board procedure, see Chapter 36.93 RCW. For council manager government, see Chapter 35A.13 RCW. For municipal finances, MRSC’s Revenue Guide for Washington Cities and Towns provides a comprehensive overview.
How can I ask something that is not answered here?
Ask us. BBIA wants residents to raise difficult questions as well as supportive ones. Good decisions require good information.
Attend a public meeting, use the question form on this page or contact BBIA directly. When we do not know an answer, we will work to find it.
Want to Go Deeper?
The FAQ is a starting point. These pages offer visual explanations, original source material, background on BBIA and local news coverage.
Sound Bites
Explore short visual guides that break down the biggest incorporation questions into simple, easy-to-follow explanations.
Explore Sound Bites → See the Source MaterialPublic Records
Review reports, presentations, meeting materials and the documents behind the incorporation discussion.
View Public Records → Meet the OrganizationAbout BBIA
Learn who BBIA is, how the effort began, how the work gets done and how community members can participate.
Learn About BBIA → In the CommunityNews
See local reporting on Birch Bay incorporation, community issues, growth and the ongoing discussion about local government.
See News Coverage →