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01  AVISTA at Birch Bay Point - SEPA APPEAL

City of Blaine
Avista Development

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Blaine City Council Decision on  January 12, 2026

After the November 2025 hearings exposed gaps in the City’s records for Avista. Blaine Planning has proposed 106 conditions, many of which are unverifiable and will not be enforced. Only 42% of these conditions for the developer address community concerns adequately.  

Blaine has addressed only 42% of Community Concerns for Public Safety and Water Protection

Over 35 Citizens Testified or Commented

Leading to Top 10 Asks for City of Blaine

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Video Note: Blaine Council will decide this appeal under quasi‑judicial rules. This video is for public education and is not a request for off‑record conversations with council about this case

HE Day 1, Part 1 -  Avista SEPA Appeal

HE Day 1, Part 1 - Avista SEPA Appeal

Snapshot:  Why Citizens Filed a SEPA Appeal

The City of Blaine has approved a 490 high-end development above Birch Bay. We've identified major deficiencies in the City of Blaine's plans, compliance with state environmental laws and go forward maintenance.  Big Risks to Birch Bay.  As proposed by the developer and City, Avista poses high risks for stormwater flooding - and many others - to downstream Birch Bay residents.

In early July, Blaine, Semiahmoo, Birch Bay and other residents of Whatcom County filed a SEPA (State Environmental Policy Act) to review stormwater flooding, unmaintained ponds, water pollution, wetlands degradation, traffic and higher water bill costs for residents.  

We're not against Avista. We're for responsible, sustainable development with better stewardship of this critical aquifer recharge area (CARA). 


Your participation is urgently needed - donations, committees, meeting with Whatcom County, letting the developers know how you feel about this, and getting the Department of Ecology and others involved.

Learn what you can do, Get involved

What We Found So Far 

The SEPA appeal discovery, cross-examination, expert witnesses, citizens and Whatcom County reports identified major problems with Blaine planning department reviews, reports, and Mitigated Determination of Non-Significance (MDNS). 

 

The MDNS should be set aside and replaced  with a Determination of Significance (DS), triggering preparation of a full Environmental Impact Statement (EIS) for the Avista PUD. The City and developer are not taking financial responsibility for Birch Bay impacts. The City of Blaine has no publicly accessible track record of environmental enforcement since 2021.

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The information provided on this website is intended for educational and advocacy purposes only. Water Planning Matters is a citizen-led, non-partisan all-volunteer group working to increase transparency and compliance in land use planning. While we strive for accuracy and thoroughness, errors or omissions may occur and content should not be taken as legal advice. Planning department actions, agency responses, and interpretations of law are subject to change. Water Planning Matters disclaims liability for any action taken or not taken based on information on this site. Water Planning Matters has a fiscal sponsor for donations via Responsible Development, a Washington State 501(c)(3) nonprofit.

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