Building a Shed in Birch Bay? Here's What You Need to Know

Birch Bay is an unincorporated community in Whatcom County known for its beach, vacation homes, and year-round residents. Because it's unincorporated, Whatcom County building codes apply — sheds under 200 square feet are permit-exempt if they're one-story, detached, and non-occupied. The key rules to watch: 10 feet between exterior walls of any two buildings and 6 feet between eaves, which is stricter than most counties. Setbacks vary by zoning district. Here's what applies.

Building Codes & Permits in Birch Bay

Shed Permit RulesWhatcom County (Birch Bay)
Max Shed Size (No Permit)200 sq ft (one-story, detached, non-occupied)
Max Shed Height (Overall)Per zoning district — typically 25-35 ft (WCC 20.80)
Setbacks (Side/Rear)Per zoning district (WCC 20.80.200)
Min. Separation (Exterior Walls)10 ft between buildings
Min. Separation (Eaves)6 ft between eaves

Birch Bay is unincorporated Whatcom County. All county building codes and zoning regulations apply. See the full Whatcom County page for additional details.

From the Municipal Code

Detached one-story buildings used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 200 square feet. The structure must be nonoccupied, one-story, with no basement. The separation between exterior walls of any two buildings must be at least 10 feet, and the separation between eaves must be at least 6 feet.

WCC 15.04 — Permit Exemption

What You Need to Know

  • Unincorporated Whatcom County — Birch Bay is not an incorporated city, so Whatcom County building codes apply to all construction. The county's permit exemption, setback, and separation requirements govern your project.
  • Building Separation (WCC 15.04): Whatcom County requires 10 ft between exterior walls and 6 ft between eaves of any two buildings. This is stricter than most counties and matters on smaller beach lots in Birch Bay.
  • Setbacks (WCC 20.80.200): Setback distances depend on your specific zoning district. Birch Bay parcels vary between urban residential and rural zones. Check your parcel on the Whatcom County Parcel Viewer.
  • Flood Zones: Some Birch Bay properties are in FEMA flood zones, especially near the waterfront. Flood zone properties have additional foundation and elevation requirements that apply even to exempt structures.
  • Utilities: Even if the structure is exempt from a building permit, any electrical or plumbing work requires a separate trade permit.

Have questions about permits or zoning? We don't have all the answers, but we deal with this stuff regularly and can usually help you figure it out. Reach out with your address and we'll point you in the right direction.

Building codes and permit requirements are subject to change. Contact your local building department to verify current regulations before beginning your project.

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