The Comprehensive Plan is not just a “vision” document. It is the legal and policy foundation for how land is regulated in Whatcom County. Zoning, permitting, public land decisions are all justified through this document. The policy goals flow directly from the comprehensive plan into land use policy. When a permit is issued, denied, or appealed, this is the document cited as a basis for those decisions. What gets written into this document today becomes the justification for decisions years from now. What you need to know is this, there are amendments being considered that will functionally shift everything we know about land ownership in Whatcom County.

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When language is added to the Comprehensive Plan, it isn’t theoretical. It shows up later in permitting timelines, added requirements, and in decisions that affect how you use your property, build a home, or run a business. It has the weight to promote a vibrant, responsible Industrial future or to kill those industries completely. The most powerful of these new proposals begins by describing Whatcom County as “unceded” land. While this one word can seem benign, the legal ramifications are overwhelming.

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The Treaty of Point Elliott, signed in 1855, states that the tribes party to the treaty “cede, relinquish, and convey to the United States all their right, title, and interest” in the lands described, while reserving specific rights, such as fishing at usual and accustomed places.

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Those treaty rights are real, and they are of incredible importance. These rights exist alongside cession, not instead of it. When the County adopts language describing all of Whatcom County as “unceded,” it is a contradiction of the very Treaty and reality we exist under. The assertion is that the underlying ownership question was never resolved.

This framing (or reframing) enables what is presented next - Land Back. What begins as a seemingly simple acknowledgement flows directly into policy direction.

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“Consider land back opportunities in an effort to return land, stewardship, and sovereignty back to Indigenous Peoples…” (Policy 2QQ-3)

“Prioritize evaluation of surplus public lands, conservation properties, and ecologically significant areas for potential… land transfer or cooperative management…” (Policy 2QQ-4)

“Consider opportunities for tribal land back.” (Policy 3K-10)

“In partnership with Tribes, consider land back and/or co-management opportunities on County owned or managed lands.” (Policy 9A-14)

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Once passed these goals are no longer debatable, they direct the County to look for opportunities to return land, evaluate public lands for transfer, expand co-management and apply that direction broadly across County owned or managed lands.

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How these Policy Goals Could Apply

These policy goals could apply to projects like, The Stewart Mountain Community Forest. This project used public funds to acquire commercial forestland and transition it into a community forest. It was presented to the public, and to elected officials, as a way to keep working lands in production, maintain public access and provide long-term stewardship. That was the basis for consideration. The long-term vision for Stewart Mountain is approximately 5,500 acres. As of early 2026, roughly 2,166 acres have already been acquired or protected. Public funding already committed to the project includes at least $10 million in taxpayer-backed dollars, including County Conservation Futures funding, State grants through Ecology and State grants through the Recreation and Conservation Office. Documents related to this project indicate additional public funds beyond the initial $10 million will be required to complete the full vision. This is not a small investment of your tax dollars. This is a multi-thousand-acre, multi-million-dollar public land acquisition strategy.

Under these new policy goals, that land would clearly qualify as County-owned land, conservation land and ecologically significant land which is the threshold for application. The County would be directed to then consider it for Land Back, evaluate it for transfer or pursue co-management tied to sovereignty and stewardship. That is not how this project was presented to the public, but with these goals incorporated into the comp plan it becomes the next step. I don’t think anyone voted for thousands of acres of Commercial Forest to bought with millions of dollars of their hard earned money to be then turned over to a sovereign nation.

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Permitting and Land Use

This is where most people will feel the impact. These policies don’t just affect public land, they change how land use decisions are evaluated across the board. The proposed changes to the plan direct the County to:

“facilitate tribal engagement… on all relevant county government activities, regulations, and policies” (Goal 1B)

promote “collaborative decision making” (Policy 1B-2)

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“coordinate and collaborate… on all relevant public works and development projects” (Policy 1B-5)

These are very real implications for permitting. Quickly this type of language leads to more review, more delays and less certainty. When more projects are requiring consultation the result is longer permitting timelines, broader grounds for denial and conditions and less predictability for property owners.

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Jobs /Industry

Facilities at Cherry Point depend on long-term planning, predictable permitting and regulatory certainty to be able to make investments. When that certainty is eliminated the result is projects taking longer, increased costs and investment decisions being pushed elsewhere. When investment leaves, jobs follow. We know this, we’ve SEEN this. Fewer upgrades, fewer expansions and fewer opportunities. This is exactly how you lose family-wage jobs without a single headline ever hitting the front page. This absolutely should be front page news, much like this entire issue which isn’t being covered anywhere. Why?

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Housing Affordability

These same issues affect housing. We already struggle to build enough housing in Whatcom County that people can afford. When you add additional processes, more delays and more uncertainty you increase the cost of building. When it costs more to build, it costs more to live here. The result is fewer homes being built, higher prices and more pressure on working families.

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The Cumulative Effect

Together these proposals do three things.

First, they reframe land in Whatcom County as “unceded.” Second, they introduce Land Back, land transfer, and co-management as policy direction. Last, they expand tribal roles in permitting, land use, and public projects, without clearly defined limitations.

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These policies have been proposed and moved forward into draft form without a clear, request from tribal governments asking the County to adopt this specific policy direction. At least not one that has been presented publicly, If tribal governments do want policies like these in place, then those intentions should be clearly and publicly stated, to inform an honest public conversation.

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This has been moving through the public process with virtually no public comment in support or opposition. With something this significant, that is not a sign of agreement, It is a sign that most people do not know what is being proposed, and that’s a problem.

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I want to be very clear about something. Respect for tribal governments, and an honest acknowledgment of history, are part of who we are as a community and part of our responsibility as a local government. We have long operated under a government-to-government relationship with tribal nations. Working together on fisheries, habitat, water, and environmental stewardship. That work matters, and it should continue.

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The treaties themselves, including the Treaty of Point Elliott, reflect both a difficult history and a lasting commitment. They include cession of land, but they also preserve important rights that continue to shape how land and resources are managed today. Recognizing that balance is important. It requires respect, clarity, and good-faith collaboration. Respecting tribal governments and acknowledging history is not the same as adopting undefined policy commitments that fundamentally change how land is owned, managed, and regulated in this County.

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These proposals go far beyond acknowledgment and coordination. It introduces a policy framework that treats land ownership as unresolved, directs the County to pursue Land Back, expands co-management of public lands and introduces uncertainty into permitting, jobs, and housing. These are long-term decisions with real consequences that involve real taxpayer dollars, real jobs, and real impacts on affordability.

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It’s my job to look at what’s being proposed and ask not just what it says today, but what it enables tomorrow. What I’m seeing here is a clear shift in direction. You deserve an honest conversation now, not after the fact, when we are living the consequences and wondering how we got here. I encourage you to show up at Council and let your voices be heard. Thank you for your attention to this matter.

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Councilmember Ben Elenbaas

Whatcom County Council District 5