Whatcom County Fire District No. 21 v. Whatcom County, 171 Wash. 2d 421

Summary

The Washington Supreme Court held that Whatcom County Code 20.80.212 required a concurrency letter from the fire protection provider before certain development applications could be approved. Because Whatcom County Fire District No. 21 declined to issue the required letters, the County clearly erred by independently determining that adequate fire protection capacity existed. The court reversed the Court of Appeals, granted the Fire District's LUPA petition, and reversed approval of the three development applications.

Holdings

1. WCC 20.80.212 is a development regulation that prohibits approval of the covered land uses unless the provider of fire-protection services issues a letter stating that adequate capacity exists or that arrangements have been made to provide adequate services.
2. The County could not independently determine that adequate fire-protection capacity existed after its ordinance assigned the concurrency determination to the Fire District.
3. The County's comprehensive plan did not establish the availability and adequacy of fire-protection services because it did not provide funding for all necessary improvements.

Questions Presented

1. Whether Whatcom County erred under Whatcom County Code 20.80.212 by approving the development applications without concurrency letters from the Fire District.
2. Whether the County, rather than the Fire District as the relevant fire-protection provider, could independently determine that adequate fire-protection capacity existed.
3. Whether the County's comprehensive plan conclusively established the availability and adequacy of fire-protection services for purposes of project review.

Disposition

reversed