The Washington Department of Ecology issued a $120,000 penalty to Christopher Whiteman and Victoria Coury for failing to repair damage to wetlands in unincorporated Island County, about eight miles northeast of Oak Harbor.
In September 2022, an investigation by Ecology and Island County Planning and Community Development discovered that illegal ditches on property owned by Whiteman and Coury were draining and damaging approximately 8.5 acres of wetlands, including on adjacent property not owned by the couple. Wetlands are protected under state law, and they cannot be drained or modified without prior authorization from Ecology.
Wetlands are vital to a healthy watershed. They play a critical role in recharging groundwater, which is particularly important on islands like Whidbey, where freshwater reserves are limited and drinking water wells are at risk of saltwater intrusion. Wetlands’ unique soils develop only under certain conditions and naturally filter out pollutants in stormwater runoff and buffer against drought.
Ecology informed Whiteman and Coury in September 2022 that they needed to backfill the unauthorized ditches and begin restoring the wetlands. However, the property owners failed to voluntarily bring their property into compliance with state law.
In March 2023, Ecology issued a legal order directing Whiteman and Coury to immediately backfill the drainage ditches and begin wetland restoration. Whiteman and Coury appealed the order to the Washington Pollution Control Hearings Board. In June 2024, the Board upheld Ecology’s legal order and dismissed the appeal.
The property owners have not complied with Ecology’s legal order.
“Once wetlands are damaged, it may take years to restore their capacity for cleaning and storing rainwater and for recharging aquifers,” said Joenne McGerr, program manager of Ecology’s Shorelands and Environmental Assistance Program. “Ecology has offered the property owners ample opportunities to comply with Washington law, but instead they have continued to drain and degrade these wetlands.”
The penalty is for violating the terms of a regulatory order. Whiteman and Coury have 30 days to pay the penalty or appeal to the state Pollution Control Hearings Board.