Chapter 8.34


8.34.010    Policy and purpose.

8.34.020    Definitions.

8.34.030    Disclosure.

8.34.010 Policy and purpose.

A. It is declared the policy of Whatcom County to protect the legal and customary operations of existing public use airports.

B. The purpose of this chapter is to promote a good neighbor policy between public use airports and surrounding property owners. Through mandatory disclosures, purchasers and users of adjacent airport property will better understand the consequences of living near airports and be prepared to accept impacts associated with airport operations. (Ord. 2005-004).

8.34.020 Definitions.

A. “Discretionary development permits” means permits which require discretionary review by the hearing examiner, including but not limited to subdivisions, binding site plans, planned unit developments, variances, shoreline substantial development permits and conditional use permits.

B. “Public use airports” means Bellingham International Airport, Blaine Municipal Airport, and the Lynden Airport.

C. “Person” means an individual, corporation, partnership, association or other legal entity. (Ord. 2005-004).

8.34.030 Disclosure.

A. The disclosure set forth in subsection B of this section shall be used as follows:

1. Upon the conveyance of a fee interest in real property, the seller shall require that the disclosure statement set forth in subsection B of this section be signed by the purchaser and recorded in the county auditor’s office in conjunction with the deed conveying the real property when the real property is within one mile of the runway of a public use airport. The duty of disclosure rests with the seller.

2. All building permits, short plats and discretionary development permits for land within one mile of the runway of a public use airport shall contain the disclosure statement set forth in subsection B of this section.

3. Omission of the disclosure does not create liability for the county.

B. The following shall constitute the disclosure required by this section:

The subject property is near an airport. The amount of noise which may be generated by airport operations may exceed levels anticipated in a residential setting. Whatcom County will not consider airport operations and associated impacts to be a nuisance if such operations comply with applicable laws.

(Ord. 2005-004).