Birch Bay Incorporation Association

Birch Bay has grown into a community with the population, infrastructure and needs of a small city, but decisions about local roads, planning, parks, public safety and other municipal matters are still made through a county government responsible for communities throughout Whatcom County.

Incorporation would create a local government whose elected officials are responsible specifically to Birch Bay residents.

It means many decisions involving city streets, municipal budgets, local planning and development regulations, parks, public safety and capital priorities would be made by Birch Bay’s own elected government.

Residents could attend local meetings, speak directly to their representatives and replace those representatives at the ballot box if they disagree with the direction of the city.

A future City of Birch Bay could decide locally how much priority to give projects such as the Beach Park, permanent public restrooms, road and drainage improvements, the Lincoln Road/Birch Point connector, community events and expanded law-enforcement options.

Incorporation would not guarantee that every project is funded. The difference is that those priorities would be weighed in a budget focused specifically on Birch Bay.

No. Many important services are already provided by local districts and regional agencies. A city could become another local partner rather than replacing them.

That could include coordinating infrastructure, applying for city-only grants, providing matching funds and working together on roads, drainage, parks, utilities and community projects.

No. Incorporation itself does not dictate a single tax or service structure.

BBIA tested several scenarios using the financial model developed for Whatcom County’s feasibility study. BBIA’s Balanced Budget scenario demonstrates a model that balances projected revenues and expenditures without increasing taxes above current levels.

That scenario is a planning model, not a promise about every future budget decision. A future elected council would adopt the actual city budget.

Yes. Birch Bay has been examined through earlier feasibility work, the County’s recent consultant study and BBIA’s own financial analysis.

One of the most important findings is that there is no single inevitable city budget. Staffing levels, contracting, service expectations and capital priorities can produce very different financial outcomes.

Today, some revenues generated in Birch Bay flow to Whatcom County, while other revenues go to the state or independent taxing districts. County revenues are budgeted alongside needs throughout the county.

Incorporation would redirect the municipal revenues legally available to a city into a City of Birch Bay budget focused on Birch Bay.

The locally elected city council would adopt the municipal budget in public meetings. Under the proposed council-manager structure, a professional city manager would prepare and administer the budget under policies established by the council.

BBIA’s budgets are feasibility models. They would not bind a future elected city council.

On the official incorporation date, county roads inside the new city’s boundaries become city streets.

The city could perform road work itself, contract with Whatcom County or other providers, or use a combination of approaches.

No. A city must provide for municipal law enforcement, but that does not require immediately creating a standalone police department.

A future city could explore contracted law enforcement and determine what staffing level, coverage and community-policing priorities Birch Bay wants and is willing to fund.

Washington law also provides for continuity of county services during transition and allows counties and newly incorporated cities to contract for continued essential services.

Incorporation does not mean fire and emergency medical service simply disappears or that Birch Bay must immediately create a city fire department.

Washington law provides for continuity during the transition and a process for a newly incorporated city to remain served by its existing fire protection district. BBIA’s financial planning assumes continued local fire and EMS service rather than creation of a separate Birch Bay fire department.

They do not automatically become departments of the new city. Birch Bay Water & Sewer District, Blaine School District and other independent districts and regional agencies have their own legal authority and service areas.

A future city could work with those organizations through partnerships, interlocal agreements, joint projects and grant applications.

Those responsibilities would be addressed during the transition. Washington law expressly allows a newly incorporated city and county to contract for continued essential services, including road maintenance, drainage and other utility-related services.

Yes. Current Whatcom County planning allocates approximately 2,662 additional residents, 1,051 additional housing units and 450 additional jobs to the Birch Bay Urban Growth Area over the 2023–2045 planning period.

No. 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 occur through the applicable public planning and legislative process.

Yes. Becoming a city would not exempt Birch Bay from Washington’s Growth Management Act or other state planning requirements.

The difference is that local planning decisions within that framework would be made by a government accountable specifically to Birch Bay voters.

A future city would ultimately be responsible for municipal permitting and development review.

The city could employ its own staff, contract for some functions or use a combination of approaches, particularly during its early years.

“Code city” is a Washington municipal classification. It is separate from the city’s form of government.

Code cities operate primarily under Title 35A RCW. Code cities are by far the most common city classification in Washington.

Voters elect the city council. The council establishes policy and appoints a professional city manager to oversee day-to-day administration.

For a noncharter council-manager code city with Birch Bay’s population, state law provides for a seven-member council.

Not under the proposed council-manager structure. The councilmembers are the principal elected officials. The council selects a mayor from among its members to preside over the council and perform the duties assigned by law, while the professional city manager handles administration.

BBIA’s proposed boundary is based on the adopted Birch Bay Urban Growth Area, with limited exclusions adopted by the BBIA Steering Committee. The current proposal excludes Point Whitehorn and one property along Birch Bay-Lynden Road.

A legal description is being prepared as part of the Notice filing. The Boundary Review Board process also provides formal public review of the proposed boundary.

No. The incorporation process establishes one legal boundary for the proposed city. Residents and property owners may provide input about the boundaries, but the incorporation election is not conducted parcel by parcel.

No. Filing the Notice of Proposed Incorporation formally begins the process. It does not create a city and it does not bypass the voters.

After filing, the proposal moves through public review, petitioning, Boundary Review Board procedures and, if the legal requirements are met, an incorporation election.

The Whatcom County 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.

The petition must be signed by registered voters residing inside the proposed city equal to at least 10 percent of the registered voters residing there.

The petition must be filed with the County Auditor no later than 180 days after the initial public meeting.

Eligible registered voters who reside within the proposed city boundaries vote on the incorporation question.

Incorporation is approved if a majority of votes cast on the incorporation question are in favor.

No. Washington law establishes an interim transition period. The official incorporation date must occur between 180 and 360 days after the incorporation election.

During that period, the city’s first elected officials can organize the government, arrange contracts and services, hire staff and adopt ordinances that take effect when the city officially begins operations.

Birch Bay remains unincorporated and continues to be governed through Whatcom County and the existing special-purpose districts.

State law contains additional restrictions on another incorporation election if the proposal receives 40 percent or less of the vote.

BBIA is a volunteer-led community organization made up of people who live, work, own property, operate businesses and raise families in Birch Bay.

We research incorporation, develop the proposal, communicate with residents and help move Birch Bay through Washington’s incorporation process.

BBIA believes Birch Bay is ready to take greater responsibility for Birch Bay and is advocating to move that question toward a public vote.

No. BBIA is not the future City of Birch Bay and has no municipal authority.

Incorporation itself does not determine future zoning changes, police staffing, tax policy, capital projects or every service level. Those decisions would belong to the locally elected city government if voters approve incorporation.

BBIA publishes reports, meeting materials, feasibility information and public records on this website. We also maintain a Resource Library with independent sources including Washington law, MRSC guidance, County planning documents and state financial and population data.

Ask us. Questions and scrutiny make the process better.

Attend a BBIA public meeting or email info@wearebirchbay.org. If we do not know the answer, we will try to find it.