Avista Development: Why Semiahmoo and Birch Bay's Future Depends on What Happens Next

A Critical Decision Point for Water Protection and Community Safety

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

Quick Overview: What's Happening

The City of Blaine is about to approve a 181-acre, 490 high-end home development (Avista PUD) near Birch Bay even though key compliance issues remain deferred or unresolved in the appeal record. The decision will be made in early January 2026 by the City Council without public comment under exparte rules (1). The only chance for public input for responsible development given Blaine's omissions is with regulatory and county authorities before bulldozers start clearing the land.

Community Speaks Up: Broad Regional Involvement and Concerns with Avista

Blaine Planning (CDS) has only addressed 42% of these concerns in SEPA appeal reports with 106 developer conditions (11-19-2025 Report (Ex. A), 10-15-2025 report (Ex. 229), 10-23-2025 report (Ex.230), and 6-25-2025 MDNS determination (Ex.50)). Chart 1: Mentions of Top Concerns by Local HOAs, Civic and Community Leaders

During the 5 days of Hearings in November, 2025, over 50 people attended reflecting the broad level of community concern that began in April, 2022 when over 100 residents first attended the Semiahmoo presentation by the developer. More than 30 residents, including HOAs from Whatcom County, Birch Bay and Blaine submitted 19 written comments and 6 people testified, including an expert wetlands scientist who identified shortcomings of the Avista development.

Why This Matters to You

Birch Bay Village, Nov.2021

• Flooding risks for neighborhoods

• Water pollution affecting Birch Bay shellfish and swimming areas

• Traffic gridlock on Birch Bay Drive

• Loss of 69 acres of mature forest and critical wetlands

• No guarantee the stormwater systems will work.

Timeline

• Week of January 5th, 2026: Hearing Examiner (HE) issues report

• January 12, 2026: City Council votes (preceded by closed-door session on report)

• January - February, 2026: Regulatory permit reviews for City and Developer

• January - February: Outreach to state regulators and county officials.

What You Can Do Today

1. Email Blaine City Council (1) before the January 12, 2026 vote, asking them to adopt key structural reforms before approval (City Council email addresses and meeting agenda are available on the City of Blaine website, Council page)

2. Contact state and county regulators (Ecology, Whatcom County Council, Army Corps) using the talking points below (contact information provided in the Action Steps section)

3. Share this story: Forward this blog to neighbors, HOA boards and local groups in Birch Bay, Semiahmoo, Blaine and Whatcom County.

4. Publicize: Share your thoughts on Next Door, social media and the press.

What We're Asking For in the Appeal (Summary)

1. Permit existing ponds and ditches before approval (maintenance agreements)

2. Require climate-adjusted stormwater modeling (recent storms and UW projections)

3. Apply AKART-level treatment for bacteria and toxics before discharge to Birch Bay

4. Confirm wetland and forest baselines (buffers, hydroperiod, PHS habitat) before grading

5. Tie all conditions to documented inspection, monitoring, and enforcement triggers

6. Interlocal agreement between Blaine and Whatcom County to cost share infrastructure.

Why This Decision Sets a Precedent

• Segmentation: Blaine Planning has structured the Avista project into multiple phases extending through 2034.

• The Shutdown Effect: Once the City approves the PUD, later steps such as Plat expansions in the 181 acres are administrative approvals, where public comment is not recorded for review and the challenge path is in Court.

• Blaine Enforcement Track Record: Blaine has personnel, expertise constraints and lower environmental standards than the County (2024 Stormwater Plan, Sewage Treatment Plant NPDES). At East Maple Ridge, a comparable phased PUD, state records document 120+ Department of Ecology violations and over 20 Shoreline Management Act violations, highlighting the importance of verifiable, enforceable conditions.

Question for Blaine City Council: Given this enforcement history, how will the City ensure that Avista’s deferred conditions are fully implemented and monitored over time?

(1) Note: In this quasi‑judicial SEPA appeal, Blaine City Council must follow Washington ex parte and appearance‑of‑fairness rules and avoid off‑record contacts about the merits once the record is closed. These limits do not prevent residents from seeking structural reforms to Blaine’s land‑use and stormwater systems or from reporting omissions and risks to state and county regulators such as the Department of Ecology and Whatcom County.

Coming Next: Take Action Letters for County and Regulatory Officials

Read More

Avista Analysis Report, January 2026