YOU Don't Know Jack! No, YOU don't know Jack!

Rand Jack or Jack Petree; who’s telling the biggest fish story?

Later this year the Washington State Growth Management Hearings Board will decide that issue but, for now, what do you think?  Jack Petree, the country bumpkin or Rand Jack whose organization, the Whatcom Land Trust, owns most of the country locally.  

Humor aside, Rand Jack of the Whatcom Land Trust took Jack Petree out behind the woodshed for a spanking last week on Dillon Honcoop’s afternoon show on KGMI radio.  Here’s the link… the attempt at a verbal whoopin’ is at about 32 minutes into the show.

It seems Jack claims Jack hasn’t read county code (the regulations determining what can happen on certain kinds of land).  Jack (Rand that is) claims Jack (Petree that is) hasn’t figured out that parks are allowed on timber land dedicated to the support of Whatcom County’s timber industry.  Rand states outright that public parks, the only use reconveyed land can be legally put to, are allowed in the zone designated Commercial Forest, the zoning applied to all, or nearly all, the land to be reconveyed.

Now Rand is a well respected, even famous, attorney in Whatcom County while Petree is a plain ol' writer with a sideline consulting on public policy issues so Rand has more gravitas while Petree is relegated to just reading the code and thinking, “What does the plain language of the law say.”

Well, here is what it says. 

The code for parks and recreation can be found at www.codepublishing.com/wa/whatcomcounty/.  Just type “recreation and open space” or “ros” into the search box then click on the link to the left.

According to the code, “051 Public parks, playgrounds, forest preserves, beach activities, wildlife reserves, and natural systems education and/or interpretative areas. (Ord. 2004-026 § 1, 2004),” are among the permitted uses for lands designated by the zoning code for Recreation and Open Space (ROS).

Now, think about that language as you read that language.  Public parks…forest preserves…wildlife reserves…natural systems education and/or interpretative areas.  They are all different things or they wouldn’t have to be listed as separate entities.  The code differentiates between public parks and those other things.

It should be remembered that reconveyance can only be allowed for a public park.  If reserves and preserves are not public parks then reconveyance cannot take place to establish a reserve or a preserve.

So now let’s go to the zoning code for Commercial Forestry.  In the search box type in CF to find that code.

The first thing you’ll see is that, “The purpose of this district is to implement the forestry designation of the Comprehensive Plan, pursuant to RCW 36.70A.170, by providing for and encouraging the long-term productivity, commercial management and sustained use of forest resources. In addition, the district provides for uses that are compatible with forestry activities, while maintaining water quality and soil productivity.”

Next, “.056 Public forest preserves, wildlife reserves, natural systems education, and/or interpretive areas,” are listed as allowed uses.  Notice that parks are not included on the list.  So, based on this piece of code, public forest preserves, wildlife reserves, natural systems education, and or interpretive areas” are not incompatible with commercial timber production.  You can see the truth of that by looking at Galbraith Mountain where bike trails crisscross currently maturing stands of timber managed for harvest and, in fact, they even cross recently harvested timber areas.

Now, go to .154 which speaks to some accessory uses allowed in the CF zone as well as some uses excluded from the zone saying, “Operation of dispersed, primitive recreational facilities including tent campgrounds, game reserves, developed trailheads with parking for more than 30 vehicles, but excluding uses such as community centers, riding academies, off-road vehicle parks, parks, marinas, camping clubs, institutional camps and recreational vehicle and travel trailer parks.”

You can look up what “excluding” means on your own.

Last, go to  20.43.200 Prohibited uses and read ".201 All other uses."

That means everything not specifically allowed is prohibited.  So are things that are specifically excluded.

Seems pretty simple and straight forward to me but then, I’m not a well respected, big time attorney so, what do I know?