Top 10 Rules Playbook: A Blaine, WA Planning Department Case Study

A Community Investigation Begins

Exposing planning department tactics in Blaine, WA

by Tina Erwin and Otto Pointer (i).

This is a summary of our "Top 10 Rules Playbook: A Blaine Case Study" originally published in Whatcom Watch (September, 2025). The investigation was conducted without guidance from any media outlet and represents three years of volunteer community research.

The Whatcom Watch article outlines a “playbook” of tactics observed in Blaine’s planning department, while highlighting broader trends across Whatcom County and potentially the state, with goals of empowering residents to engage more effectively in shaping land-use decisions for sustainable growth. B

The "Top 10 Rules Playbook"

Through intensive research, Blaine Water Coalition (BWC) identified a pattern of tactics used by planning departments to circumvent environmental protections and public participation. These tactics form what they call the "Top 10 Rules Playbook" — a systematic approach that:

• Marginalizes environmental compliance

• Expedites development approvals

• Creates barriers to citizen participation

• Shifts costs and risks to the public

• Prioritizes developer interests over community welfare

The Stakes: Our Water Resources at Risk

Volunteers investigated local planning decisions that they believe risk environmental harm, particularly to:

• Vital aquifers that provide safe drinking water

• Shellfish & salmon habitats that support both tourism and the local economy

• Connected surface waters including streams and marine environments

• Responsible development and stormwater management systems

What Makes This Investigation Unique

BWC's "Top 10 Rules" originate from direct local and county experiences, not theoretical extrapolation. The volunteers have spent considerable time cutting through what they describe as "the arcane web of overlapping local municipal and state codes used by planning departments to obstruct citizen engagement."

Key Finding: Gaps in state oversight have enabled what BWC characterizes as regulatory capture, allowing the city to avoid duty of care and state ethics standards.

The Broader Pattern

This investigation reveals dynamics that may extend beyond Blaine, affecting Whatcom County and potentially the entire state. The goal is empowering residents to engage more effectively in shaping land-use decisions for sustainable growth while advocating for:

• Water quality protections

• Regulatory compliance

• Responsible development practices

• Transparent public processes

Regulatory Capture

The article discusses how Blaine’s planning department Community Development Services Department (CDS), aided by gaps in state oversight, has turned complex regulations into tactics of “regulatory capture” and DSO (deflect, select & obfuscate).

Deflect, Select & Obfusate (DSO)

DSO is a core tactic in regulatory capture where agencies deflect scrutiny through procedural hurdles, selectively limit data and scopes to rush approvals and obfuscate facts via complex code interpretations. This practice sidelines public input, skirts environmental protections, endangers marine habitat, shellfish food and has raised serious alarms for the health of Blaine, Birch Bay and surrounding communities that depend on clean water resources. 

Origins of the Investigation: A Methodical Approach

Led by retired Navy Commander Tina Erwin and spokesperson Otto Pointer, this nonpartisan effort draws from over 4,000 hours of analysis, hearings, and agency interactions.

The BWC's research methodology has been comprehensive and evidence-based, grounded in best practices for civil engineering, earth sciences, land-use laws, and regulatory compliance.

Between 2022 and 2025, community volunteers:

• Prepared investigative reports and testimony in 5 quasi-judicial hearings

• Analyzed 1,000+ municipal records and correspondence

• Attended over 40 council and planning meetings

• Provided over 100 comments to agencies

• Submitted 20+ technical reports to city, county, state and federal agencies

• Met with over 30 state and federal officials on major land-use decisions

This level of documentation provides unprecedented insight into how regulatory capture operates at the local level.

Read the Full Publication

https://whatcomwatch.org/index.php/article/top-10-rules-playbook-a-blaine-case-study/

Whatcom Watch - Credit of First Publication:

Why This Matters for Water Planning

Understanding these tactics is essential for communities seeking to protect their water resources. As BWC has documented, when planning processes are captured by special interests, the results can include:

• Inadequate stormwater management

• Threats to drinking water aquifers

• Downstream impacts on shellfish and salmon habitats

• Climate resilience vulnerabilities

• Shifted infrastructure costs to taxpayers

The stakes are too high for our water resources to allow these practices to continue unchecked.

This investigation represents hundreds of volunteer hours dedicated to protecting water resources and ensuring accountable local government. The Blaine Water Coalition advocates for water quality protections, compliance, and responsible development that serves community interests.