Can my fee be reduced? 

Some properties may qualify for a service charge rate adjustment (rate reduction) as allowed in Whatcom County Code 100.07.070. Rate reductions are available for: 

• Small single-family residences with less than 2,000 feet of impervious surface.

• Parcels with a rainwater harvesting system sized to collect stormwater from the available roof surface.

• Parcels that participate in the Whatcom County Open Space Program.

The following are exempted from the BBWARM service charge:

• Any senior citizen or person with disabilities who qualifies for a property tax exemption by the Whatcom County assessor’s office 

• Properties owned by the Birch Bay Water & Sewer District, provided an interlocal agreement is in effect

• Undeveloped parcels, including designated forestland

• State, county and city roads

Please call staff at Whatcom County Public Works to determine if your property may be eligible for a rate reduction and for assistance filling out the Service Charge Adjustment Request Form. Service charge adjustment requests must be submitted using the form provided within 30 days of the date of the billing. 

How is the money spent? 

The money generated by the BBWARM service charge goes into a dedicated fund that can only be used for BBWARM stormwater program expenses. Unspent money is saved for future capital projects, reducing the need for financing. For more information read the BBWARM annual report.

Is this a new charge?

The BBWARM service charge was initiated in 2009 and remained unchanged until 2025, when the fee was increased.

What is the service charge based on?

The original service charge was based on the program costs identified in the 2006 Birch Bay Comprehensive Stormwater Plan. The updated rates are based on a 2024 rate study and funding analysis that took into account the total revenue required to meet BBWARM’s financial obligations, including capital, operating and policy-driven commitments over a ten-year period.

What is impervious surface area?

Impervious surface area is hard surface, such as that found on rooftops, sidewalks, parking lots, and gravel or hard-packed dirt, which impedes the natural infiltration of stormwater into the ground.

Who has to pay?

Generally, all owners of developed property in the BBWARM District pay the stormwater service charge including houses, schools, churches, public property, and businesses. Streets serve to convey surface water runoff to the benefit of the stormwater system and so are exempted from the charge.

Is there a review process for this service charge?

Incorrect charges may be appealed within thirty days of the date of the bill. 

How much money does this service charge raise?

With the 2009 rates, this service charge generated approximately $780,000 annually. Once the new rates are fully phased in (2028) it will generate approximately 1,890,000 per year. Future revenue will vary based on the number of new developments in the watershed and rate adjustments granted.

Why are public properties and churches being billed?

The service charge, just like water and sewer rates, is based upon the cost of services provided. Because this is not a tax, it must be collected from all properties that receive service. Public properties, churches, and schools contribute a significant amount of runoff because of their size and amount of hard surface.

Why is there a flat rate for residential properties?

Most residences have a similar amount of impervious area (approximately 4,000 square feet). The flat rate simplifies the administration of the charge but maintains the equity of the charge structure.

My home/business is not connected to the public drainage system, or I have built on-site facilities to manage my runoff. Why should I have to pay?

Your property may not be physically connected to the drainage system in the same manner that it is to water and/or sewer service, or you may have built on-site facilities, but you and your property are still provided a service. The BBWARM stormwater program improves and maintains stormwater systems throughout the watershed, protecting properties from potentially damaging upstream flows and working to ensure pollution stays out of stormwater. Every property and person in the watershed is served by these activities, either directly or indirectly.

Is this drainage charge deductible on my income tax?

For residential customers, this is a service charge and not a tax. It cannot be deducted from your income tax. For non-single-family property owners, the charge may be considered a cost of doing business by the IRS depending on your specific tax situation.

How can you impose this tax without a vote?

This is not a tax, but a user fee. A vote was not required.

I am a renter, do I pay the charge or does the landlord?

The charge is included in the annual property tax statement, which is sent to the property owner.  

Have similar programs been used elsewhere?

Yes. Large and small communities throughout the nation have adopted stormwater control programs and local service charges. Local examples include Bellingham, Skagit County, and Burlington. A rate survey of regional utilities was performed in the fall of 2023. The exhibit below shows each jurisdiction’s annual single-family residential stormwater rate. Note that each jurisdiction has a unique set of geographic traits, amount and type of customers, and system characteristics that can have a significant impact on rates. BBWARM’s 2009-2024 rate (green bar) is at the very lowest end of the survey group. BBWARM’s 2025 single-family rate (yellow bar) is more toward the middle of the survey group.