Edgemoor
Neighborhood Association
View Committee
Background Information on Views
Disclaimer: This information is intended as a starting point for residents interested in better understanding view issues. Individuals should verify all information before taking any action that might violate local ordinances or laws.
Overview: Views are not directly protected by local ordinance or regulation in Bellingham. The City will only review view encroachment for houses larger than 5000 square feet. The view assessment methodology is ad hoc, and there is no requirement that new construction not impinge upon existing views. Structure height and fence (and hedge) restrictions do offer some very limited protection.
Structure height limits: The Municipal Code limits on house height are somewhat difficult to explain, but essentially restrict structure height to 35 feet. The 35 feet is calculated from the finished grade to the highest point on a flat roof, or the average height of the highest roof line for structures with a pitched roof. Alternatively on sloped lots the height can be measured from the highest point on the building site to the highest point on a flat roof, or the average height of the highest roof line for structures with a pitched roof.
Fences and hedges: In general fences are limited to 6 feet in height. The Municipal Code (20.32.120) includes walls and hedges within this ordinance, but does not directly define what constitutes a hedge. Hedges are indirectly addressed elsewhere in the Code (20.13.060) : “a row of evergreen shrubs, spaced not more than 5’ apart and capable of growing to form a continuous hedge at least 5’ high within 5 years of planting”. Thus it is at least conceivable that a row of trees might be construed as a hedge, and be controlled by the Code.
Covenants: Neighborhood covenants may protect views, if they are legally written (for example covenants restricting sale of property to minorities are invalid). Covenants can only be enforced through the courts. There is no central repository for covenants; they are filed individually with title deeds. There is a fee for searching these documents. With 700+ homes in the Edgemoor neighborhood, it is not feasible to undertake a comprehensive review of covenants. In addition unenforced covenants essentially lapse and are very difficult to reintroduce.
Complain process: A resident can file a complaint with the City if she or he believes a structure, fence, wall, or hedge is blocking a view. An overview of the process follows:
1. resident files written complaint with Planning Department (no fee)
2. Planning Department prioritizes case (safety, health, land use issues are addressed before view or other complaints)
3. the Planning Department renders a written opinion
4. either party can appeal the decision to the Planning Director (no fee)
5. the Planning Director renders a written opinion
6. either party can appeal the decision to the Hearing Examiner
7. the Hearing Examiner renders a written appeal
8. if there is a finding against a property owner written notification is sent
Tree cutting: Tree cutting permits are required for
(1) city trees (those located on city owned frontage land, typically 20 feet from the street to the owner’s property line),
(2) trees located within 200 feet of saltwater, wetlands, or streams, and
(3) trees in certain areas of higher density zoning.
Otherwise property owners are free to remove trees on their property, although they are strongly advised to contact City authorities to confirm that removal is permitted.
Tree windowing: Tree windowing is a process that removes selected branches part way up the trunk to permit partial views. This can be done without damaging the health of the trees while still protecting privacy.
View easements: Property owners can negotiate view easements to protect views. This is often done for a fee and can take the form of “I’ll pay you $xxx if you agree that no structure, tree, or other object will exceed a height of yy feet on your property”. The easement is filed with the deed, transfers to subsequent owners, and remains enforceable through the courts.