HomeMy WebLinkAboutres2014-038 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-272
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: July 22, 2014 Introduction
Erin E. Osborn 11 qh
Dept. Head: I L IE C O V E D
J.E. "Sam"Ryan egM
Prosecutor: / C—e- ii JUL 15 2014 August 5,2014 Council/Hearing
Royce Buckin:ham
Purchasing/Budget: � WHATCOM COUNTY 9/16/2014 Natural Res.
Council
Executive: � (-74 COUNCIL
Jack Louws
TITLE OF DOCUME' :
A resolution approving recommendations on five applications for open space current use assessment on lands
located within unincorporated Whatcom County.
ATTACHMENTS:
Cover Memo, Draft Resolution, Planning Commission Facts & Findings,
Planning Commission June 26, 2014 Work Session Draft Minutes,
Background Documents on file with the Council Office: Staff Report, Maps, Photos, and other Documents.
SEPA review required? ( ) Yes ( X ) No Should Clerk schedule a hearing? ( X ) Yes () No
SEPA review completed? ( ) Yes N/A Requested Date:August 5, 2014
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
In accordance with Whatcom County Code, Section 3.28.020 which establishes procedures for processing
applications for open space current use taxation, Whatcom County Planning Commission recommendations are
hereby forwarded to the Whatcom County Council to approve in whole or in part or to deny five applications
for open space current use assessment as authorized by the Open Space Taxation Act (Chapter 84.34 RCW).
The lands that are the subject of these applications are located entirely within unincorporated Whatcom County.
A draft resolution has been prepared to initiate Council action should the Council wish to approve Planning
Commission recommendations.
Note: Because this group of applications contained a"split"jurisdiction application on lands located within the
City of Ferndale, a separate agenda bill has also been prepared to introduce a separate resolution, and to request
a separate hearing so that the County Council can act on the portion of the land in one particular application on
lands located within the City of Ferndale, separately from its action on lands that are in this group of
applications located entirely in unincorporated Whatcom County. The City of Ferndale has indicated that it
will likely hold a public hearing on this portion of the subject application (E. Bailey/Bailey Trust) on or about
August 18, 2014.
* Distribution Request: Assessors Office—Janice Judge
COMMITTEE ACTION: COUNCIL ACTION:
9/16/2014: Amended and approved in Natural Resources 7/22/2014: Introduced 7-0
Committee, forwarded to Council for full
approval 8/5/2014: Held - proposed Schedule 9/16 Natural
Resources/Council
9/16/2014: Substitute approved 7-0, Res. 2014-038
Related County Contract#: Related File Numbers: OS2014-1 Ordinance or Resolution
Number: Res. 2014-038
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at: www.co.whatcom.wa.us/council.
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SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: July 22, 2014
RESOLUTION NO: 2014-038
APPROVING RECOMMENDATIONS ON APPLICATIONS FOR
OPEN SPACE CURRENT USE ASSESSMENT
WHEREAS, The Open Space Taxation Act, codified as Chapter 84.34 RCW,
gives counties authority to approve applications for current use classification and
reclassification for the following classifications: Open Space Land, Farm &
Agricultural Conservation Land, Farm and Agricultural Land, and Timber Land;
and
WHEREAS, Pursuant to Whatcom County Code, Section 3.28.020,
applications for the classification of Open Space Land, Farm & Agricultural
Conservation Land and Timber Land are received and evaluated by Whatcom
County Planning and Development Services Department staff, and the results of
this evaluation are then presented to the Whatcom County Planning Commission
for their review and consideration in making recommendations to the County
Council on whether to approve the applications in whole or in part; and
WHEREAS, Pursuant to RCW 84.34.055 and WAC 458-30-330 Whatcom
County has adopted a Public Benefit Rating System (PBRS) by Ordinance # 95-
040, which is used by staff to rate applications for Open Space Land and Open
Space Farm & Agricultural Conservation Land; and
WHEREAS, Applications for Open Space Land and Open Space Farm &
Agricultural Conservation Land are evaluated with the Public Benefit Rating
System and assigned a Public Benefit Rating (PBR) that corresponds with a staff
recommendation of approval or denial, and must receive a score of 45 or above
for a staff recommendation of approval; and
WHEREAS, In accordance with the Whatcom County Open Space Policies
and Public Benefit Rating System, public access is a condition of approval for
Open Space Land applications, except that this requirement may be waived by
the Council when the purpose of the classification is for the conservation of
wetlands; or when there is a documented occurrence of: State or Federal
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Threatened Endangered Species, Federal Proposed Endangered or Threatened
Species, State Sensitive or Monitor Species; or when there is a known or
potentially significant archaeological site; and
WHEREAS, Pursuant to Whatcom County Ordinance # 95-040
applications for Timber Land are no longer reviewed under the County's PBRS,
and are instead reviewed for consistency with the definition of Timber Land as
defined in RCW 84.34.020(3) and the required Timber Management Plan is
reviewed for conformance with RCW 84.34.041; and
WHEREAS, On June 26, 2014, the Whatcom County Planning Commission
held a work session and considered staff recommendations, asked clarifying
questions from applicants or their agents who were present on applications
referenced in Master File Number OS2014-1, and voted to make
recommendations to the Whatcom County Council on whether to approve in
whole or in part or deny each application; and
WHEREAS, Pursuant to RCW 84.34.037, applications to classify or
reclassify lands that are located entirely within unincorporated Whatcom County
are approved or disapproved by the County Council who acts as the granting
authority; and
WHEREAS, One of the applications referenced under Master File Number
OS2014-1 (E. Bailey & Bailey Trust) was a split jurisdiction application,
comprising lands located both in the City of Ferndale and also comprising lands
located within unincorporated Whatcom County; and
WHEREAS, Applications to classify or reclassify land that are located
entirely within an incorporated area must be acted upon by a joint granting
authority composed of members from each respective jurisdictions legislative
authority, whereby applications may be approved by each legislative authority
taking separate but affirmative acts, or by three members of each legislative
body meeting together to act as one body for the purposes of approval or denial;
and
WHEREAS, The City of Ferndale Planning Director indicated that due to
various challenges associated with scheduling, the Ferndale City Council would
likely prefer to act separately on the applications, and proposed that the City
would schedule and hold a separate hearing on the subject applications on or
about August 18, 2014; and
WHEREAS, On August 5, 2014, in good faith that the City of Ferndale
would take its own action on the application within its jurisdiction, the Whatcom
County Council held its own public hearing and considered recommendations
from the Whatcom County Planning Commission, staff recommendations, and
considered all input from the public on applications referenced in Master File
Number OS2014-1 that are located on lands located entirely within
unincorporated areas of Whatcom County, and held another separate hearing on
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the application on lands located in the City of Ferndale; and
WHEREAS, Pursuant to WAC 197-11-800(6)(c), matters relating to Open
Space Current Use Assessment are categorically exempt from environmental
review under the State Environmental Policy Act (SEPA); and
WHEREAS, Pursuant to RCW 36.70.390, the statutory requirements
regarding legal notice have been met; and
WHEREAS, The County Council has adopted the following Findings of Fact
and Reasons for Action:
1. Whatcom County Planning and Development Services received five
applications to classify or reclassify land under the open space current use
program (Chapter 84.34. RCW) on lands located within the jurisdiction of
Whatcom County and on lands located within the City of Ferndale. These
applications were processed as a group under Master File Number
OS2014-1.
2. Of the five applications referenced in OS2014-1: one is for Open Space
Land (OSL), one is for Farm and Agricultural Conservation Land (a sub-
classification of open space land) (OSFACL), and three applications are for
the classification of Timber Land (OSTL). Upon receipt of these
applications, Planning and Development Services staff evaluated the open
space land and farm and agricultural conservation land applications with
the Public Benefit Rating System (PBRS), and evaluated applications for
timber land for conformance with Subsection 84.34.020(3) & 84.34.041 of
the Open Space Taxation Act (RCW 84.34).
3. Staff prepared a report for the Planning Commission with
recommendations on whether to approve in whole or in part or to deny
these applications based on review with the applicable evaluation criteria
and scores assigned (as applicable). This report was presented to the
Whatcom County Planning Commission and to members of the public who
were present at the Whatcom County Planning Commission meeting work
session held on June 26, 2014.
4. At the June 26, 2014 Planning Commission Work Session, staff gave an
approximately 30 minute overview presentation on the Open Space
Current Use Program, its statutory and local authority, a brief overview on
the Open Space Taxation Act, and outlined the respective roles of the
Planning Commission, County Council, County Assessor's Office, and Joint
Granting Authority (for applications located within incorporated areas) in
reviewing these type of applications. As part of this overview
presentation, staff noted that decisions made to approve or deny
applications authorized under the Open Space Taxation are reviewable (by
Superior Court) only for "arbitrary & capricious actions". Staff also noted,
that based on earlier Planning Commission suggestions, and per direction
from the County Council and County Executive a preliminary draft report
had been prepared by staff which summarized the PDS open space current
use program, analyzed key issues in program administration, and that this
report (dated December 6, 2013) had been submitted to PDS
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management and County Executive for their review.
5. Upon conclusion of the staff overview on the open space current use
program, staff then made an approximately 45 minute presentation going
over each of the individual applications referenced in Master File 052014-
1, pausing to answer questions from commissioners. The single
application for the classification of open space land was presented first,
followed by the single application for farm and agricultural conservation
land, and then a presentation on the three timber land applications. Staff
noted that of the applications for timber land one was a "split jurisdiction",
noting that after the application was received portions of the land subject
of application was annexed by the City of Ferndale. Staff suggested that
commissioners wait to deliberate and make motions on each application
until after staff presentation on individual applications.
6. Staff recommended approval on the application for Open Space Land
(Hurlbut). Staff recommendation of approval on this application was
based on an assigned Public Benefit Rating (PBR) score of 45 points or
higher which, pursuant to Whatcom County Open Space Policies and
Criteria and Public Benefit Rating System is consistent with a staff
recommendation of approval. Staff recommended approval after scoring
the application with a public benefit rating (PBR) of 92.75.
The Hurlbut proposal included public access to the rear of the lots under
consideration from the access that is provided to Stimpson Reserve and
Lake Geneva Preserve abutting their .044 (+/-) parcel acres. Proposed
public access to the wooded and grassy area north of the subject acres
could be used for a view point overlooking the lake, and for viewing birds
and terrestrial species that frequent the site.
7. After deliberation, Planning Commissioners came to a consensus to
recommend that the County Council approve the Hurlbut application in its
entirety subject to staff's recommended conditions.
8. Staff recommended approval on the single application for Farm and
Agricultural Conservation Land (Hemnes). Staff recommendation of
approval on this application was based on an assigned Public Benefit
Rating (PBR) score of 45 points or higher, which pursuant to Whatcom
County Open Space Policies and Criteria and Public Benefit Rating System
is consistent with a staff recommendation of approval. Staff
recommended approval after scoring the application with a public benefit
rating (PBR) of 57.12.
9. The Hemnes property was purchased in 2014. The land was (and at time
of review was still) classified as Farm and Agricultural Land. Staff
explained that current classification that applies to the land is different
than the farm and agricultural conservation land classification being
sought in that farm and agricultural land requires the owners to show
income from commercial agriculture, but farm and agricultural
conservation land does not. At the time of sale, it was discovered by the
Assessor that the previous owners could not demonstrate income from
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commercial agriculture; therefore the Assessor signed off on the Notice of
Continuance pending reclassification to a different classification authorized
under the Open Space Taxation Act, by the new owners, Lucas and Amy
Hemnes.
10. The Hemnes family manages a herd of approximately 55 head of beef
cattle and uses the 3.81 acres to pasture about 4 head of beef (yearlings)
as part of the larger operation. The long term plan is to continue to raise
beef on the subject parcel, rotating stock during the winter months over to
a barn and additional rented agricultural land on the Siper Road. Beef
from the Hemnes herd is processed at a facility in Bow, Washington, and is
sold locally to Boundary Bay Brewery, located in the city of Bellingham.
11. A proposed public access statement was discussed verbally between the
applicant and staff, and then later confirmed with a written public access
statement and proposed rules of public conduct. The proposal was that
the applicants would give farm tours to prospective customers, and would
be willing to provide farm educational opportunities to youth groups such
as 4-H by appointment. Staff noted, there is ample off-street parking, and
an open space sign could be posted at the corner of Sand Road and
Sundown View Lane.
12. Staff explained to the Planning Commission that the Open Space Taxation
Act authorizes counties to approve Open Space Land and Farm and
Agricultural Conservation Land applications subject to specific conditions.
Given that the owners expressed a desire to continue a long term
agricultural operation on the subject property; they may at some point in
the next 3-5 years be able to qualify for the Farm and Agricultural Land
classification administered by the Assessor. To qualify for that
classification, and although subject to change, current income
requirements (revenue from commercial agriculture) would be $1,500.00
per year for three out of the five years preceding the date of application.
The County Council could approve this application subject to a farm plan
that outlines a program for meeting income requirements associated with
the Farm and Agricultural Land classification, and eventual reclassification
back to the Farm and Agricultural Land classification within a certain time
frame.
Staff provided the Planning Commission with a Property Tax Advisory from
the Department of Revenue which states: "...additional eligibility
requirements for the open space and timber classifications must not
conflict with state law and not arbitrarily or capriciously restrict access to
either classification."
13. After deliberation, and after considering staff input, Planning
Commissioners came to a consensus that they would be willing to
recommend that the County Council approve the Hemnes application
subject to a condition requiring the applicants within four years of approval
for Farm and Agricultural Conservation Land as defined in RCW
84.34.020(1)(c)(8)(a) to apply for and be approved for the classification of
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Farm and Agricultural land as defined in RCW 84.34.020(2(c). Subject to
this proposed condition, the Planning Commission voted to recommend
that the County Council approve the Hemnes application in its entirety.
14. Staff discussed the special condition in the above finding (No. 13) with
PDS County attorney and with Department of Revenue staff. After these
discussions, staff concluded that it might be more consistent with the
purpose of classification if the condition was worded differently, as follows:
"Within four years of application approval, the applicants must apply for
and demonstrate that they meet income requirements established in the
Open Space Taxation Act for approval of the Farm and Agricultural Land
classification as it is defined in RCW 84.34.020(2)(c)."
Staff's conclusion was based on a reconsideration of the purpose of the
reclassification and the definition of the classification being sought, i.e.
land previously classified as farm and agricultural land that is no longer
able to meet income requirements associated with qualification as farm
and agricultural land. If a condition required an approval by independent
entity, if for some reason it was not approved, even though the applicants
might show income to qualify for classification as farm and agricultural
land, and even though they might apply, the act of approval would be
outside of the applicant's control, and a disapproval might not be
consistent with state law or the purpose of classification.
In addition, staff noted that it would be in the interest of the applicant to
return to farm and agricultural land, because the reduction in assessed
value would likely to be more than in the farm and agricultural
conservation land classification.
15. Staff presented information that described the estimated resulting tax shift
that would occur if the Hurlbut and Hemnes' applications were to be
approved. Using figures provided by the County Assessor's Office, it was
noted that the assessed property value reduction would result in an
estimated tax shift of approximately $170.10 (Hurlbut) and $705.99
(Hemnes) to other tax payers per year if the applications were to be
approved.
Staff was not able to provide information to the Planning Commission
about what how the overall tax shift would affect individual property
owners because it would be a very difficult calculation to perform. This is
because not all property owners located in a geographic tax code area are
subject to the same set of taxing district levies, and therefore it would not
be as simple as dividing the monetary shift in taxes by the number of
parcels to obtain an estimated tax shift on a per parcel basis.
16. After staff presentations and Planning Commission deliberation and votes
on the Open Space Land and Farm and Agricultural Conservation Land
applications, staff presented the timber land applications.
17. Staff explained to the Planning Commission that staff recommendations of
approval on timber land applications are based on whether the application
meets the definition of timber land as defined in RCW 84.34.020(3), and
whether the Timber Management Plan submitted on file as part of the
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application is consistent with RCW 84.34.041 which outlines the elements
of a timber management plan. Based on staff review and site inspections,
staff recommended approval on all three of the timber land applications.
Staff recommendations of approval were based on review of the timber
management plans submitted, site inspections to verify that forest
conditions matched those identified in the Plans, and for overall
conformance with state law.
18. Prior to voting on timber land applications, one of the Planning
Commissioners asked for information about the loss of revenue or shift in
taxes that would result from approving an application for timber land, and
asked why this information was not provided on the timber land
applications. Staff indicated that this information was not provided
because it is not one of the criteria considered for approval or disapproval.
The commissioner asked if staff would be prohibited from providing this
information, and staff indicated that while there is no prohibition on the
provision of this information, adding that it could be provided in the future,
it can't be the basis on which a decision to approve or not approve is
based, because this information is not a criteria for approval. The
commissioner indicated that he would vote to deny all of the timber land
applications because information on loss of revenue or shift in taxes was
not provided.
19. Whatcom County Planning Commissioners considered staff findings and
recommendations on the E. Bailey and Bailey Trust application, and staff
suggested that two separate votes be taken on the E. Bailey and Bailey
Trust application respective of the jurisdiction in which the subject
property was located.
20. After deliberations, the Planning Commission voted to recommend that the
County Council approve the portion of the E. Bailey and Bailey Trust
timber land application in the jurisdiction of the City.
21. The Planning Commission voted to recommend that the County Council
approve the E. Bailey and Bailey Trust timber land application
unincorporated Whatcom County.
22. Whatcom County Planning Commissioners considered staff findings and
recommendations on the Engelund application for timber land and voted to
recommend approval to the County Council.
23. Whatcom County Planning Commissioners considered staff findings and
recommendations on the Sunset SW LLC application and voted to
recommended denial. During Planning Commissioner review, it was noted
that the land that is subject of application is located on the shoreline of
Lake Whatcom, and is designated Rural under the Whatcom County
Shoreline Management Program (SMP).
24. Staff acknowledged that the land that was subject to application was
located within the jurisdiction of the SMP, and indicated that staff had
researched the matter to determine whether or not the land subject to the
application could be harvested. Staff stated that the land subject of
application contained five or more acres devoted primarily to the growth
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and harvest of timber for commercial purposes (5.63 acres); that the
applicant had retained the services of a professional forester who prepared
a Timber Management Plan that contained all of the elements of a Timber
Management Plan, and according to PDS Natural Resource staff the owner
could harvest of timber in the Rural SMP designation after a Shoreline
Substantial Development Permit was applied for and approved, subject to
specific conditions to protect the lake and its habitat functions.
25. The Planning Commission vote on a motion to recommend that the County
Council approve the Sunset SW LLC application for Timber Land was 3 in
favor and 3 against, which is a tie, indicating that the motion failed to
recommend that the County Council approve the subject application.
26. On July 8, 2014, Planning & Development Services staff prepared a report
on behalf of the Planning Commission containing Facts, Findings, and
Reasons for Action on all applications referenced under OS2014-1, and this
report was reviewed for accuracy and signed by the Planning Commission
Chair and Planning Commissioner, Secretary.
27. On July 8, 2014, Planning & Development Services prepared an Agenda
Bill, Draft Resolution and attachments including all relevant information on
file in regards to the subject applications referenced under OS2014-1, and
forwarded this to the Whatcom County Council. The agenda bill requested
that the draft resolution be introduced at the regularly scheduled Council
Meeting to be held on July 22, 2014, and also included a request for a
public hearing to be scheduled on August 5, 2014.
28. On July 22, 2014, a draft resolution was introduced.
29. A public hearing was scheduled to take place before the County Council at
their regularly scheduled evening meeting, held on August 5, 2014. Notice
of this public hearing was published in the Bellingham Herald prior to the
hearing. In addition, Applicants were sent a letter by US Mail stating that
a public hearing would be held on their individual applications on August 5,
2014.
30. On August 5, 2014, the Whatcom County Council held a public hearing on
Applications to classify or reclassify lands located within unincorporated
areas of Whatcom County referenced under OS2014-1. After considering
all relevant information, and after considering input from the public, the
County Council decided to hold these applications in Council Natural
Resources Committee to get more information from staff on the Hemnes
application and the Sunset SW LLC application recommendations which
differed from Planning Commission recommendations.
31. On September 16, 2014, Whatcom County Council Natural Resources
Committee considered staff recommendations on applications referenced
under File No. OS2014-1. Committee discussion included further review of
the Hemnes application and the Sunset SW LLC application, and after
considering all relevant information, Natural Resources Committee voted
unanimously to recommend that the full Council approve the July 8, 2014
draft resolution with two amendments: 1) approving the Hemnes
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application with staff's suggested language on one of the conditions
regarding reclassification to Farm and Agricultural Land, and 2) to approve
(instead of deny as recommended by the Planning Commission) the
Sunset SW LLC application.
NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY
COUNCIL:
1. County Council Natural Resource Committee recommendations on
applications for open space current use assessment referenced in Master File
Number OS2014-1 listed below are hereby approved subject to conditions
and applicable scores as noted herein:
Open Space Land (OSL)
OSP2014-00002 — Hurlbut
New application to classify property as Open Space Land
GEO ID: 380335 523242 0000: (PID: 82464)
GEO ID: 380335 525241 0000: (PID: 82465)
GEO ID: 380335 538230 0000: (PID: 82477)
Total Parcel acres = 0.44 (+/-); OSL acres= 0.44 (+/-)
PBR 92.75
ESTIMATED SHIFT IN TAXES IF APPROVED: $170.10
Approval: subject to the following conditions:
1. Public Access as described in the Application Narrative
2. Small Open Space Sign posted on Lot # 19
3. Hold Harmless Agreement
Farm & Agricultural Conservation Land (OSFACL)
OSP2014-00005 — Hemnes
Application to re-classify property from Farm & Agricultural Land to Farm and
Agricultural Conservation Land (a sub-classification of Open Space Land)
GEO ID: 390429 041191 0000: (PID: 107711)
Total Parcel acres = 4.81; OSFACL acres= 3.81; Homesite acres = 1.00
PBR 57.12
ESTIMATED SHIFT IN TAXES IF APPROVED: $705.99
Approval: subject to the following conditions:
1. Public Access as described in the Application Narrative and Public
Access Statement and Proposed Rules of Public Conduct (on file).
2. Open Space Sign posted at corner of Sundown Lane and Sand Rd.
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3. Within four years of application approval for reclassification to Farm
and Agricultural Conservation Land, the applicants must apply for and
demonstrate that they meet income requirements established in the
Open Space Taxation Act for approval of the Farm and Agricultural
Land classification as it is defined in RCW 84.34.020(2)(c).
4. Hold Harmless Agreement
Timber Land (OSTL)
OSP2014-00001 — E. Bailey and Loren H. Bailey SR Credit Shelter Trust
(portion of the application to reclassify lands that are located within
unincorporated Whatcom County)
Loren H. Bailey SR Credit Shelter Trust
GEO ID: 390208 235213 0000 (PID: 90564): Application OSTL acres = 4.57
E. Bailey
GEO ID: 390208 185232 0000 (PID: 90457): Application OSTL acres = 4.58
Total Application OSTL acres in the unincorporated Whatcom County = 9.15
Approval: subject to the following conditions:
1. No less than 5 acres devoted primarily to the growth and harvest of
forest products as defined in Title 76 RCW
2. Approved Timber Management Plan pursuant to RCW 84.34.041
3. Hold Harmless Agreement
OSP2014-00003 — Engelund
New application to classify property as Timber Land
GEO ID: 400101 259478 0000 (PID: 112929)
Parcel acres = 10.56; OSTL acres= 8.5; Homesite acres = 2.06
Approval: subject to the following conditions:
1. No less than 5 acres devoted primarily to the growth and harvest of
forest products as defined in Title 76 RCW
2. Approved Timber Management Plan pursuant to RCW 84.34.041
3. Hold Harmless Agreement
OSP2014-00004 — Sunset SW LLC
New application to classify property as Timber Land
GEO ID: 380429 020020 0000 (PID: 83486): Parcel acres = 3.91 acres currently
classified as OSTL
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GEO ID: 380432 0255554 0000 (PID: 83946); 1.72 acres of which 1.36 is
currently classified as OSTL (according to Assessor's records)
Application OSTL acres =0.28 (0.28 acres is according to survey. Survey shows
an apparent discrepancy between Assessor's records which indicate 0.36 acres)
NOTE: If approved, the additional 0.28 acres in this application it would bring
the total OSTL acres covered under the application to 5.63 (+1-) acres, all
subject to a new taxation agreement.
Approval: subject to the following conditions:
1. No less than 5 acres devoted primarily to the growth and harvest of
forest products as defined in Title 76 RCW
2. Approved Timber Management Plan pursuant to RCW 84.34.041
3. Hold Harmless Agreement
2. The Whatcom County Council directs the Assessor to place the above
referenced parcels into the appropriate open space current use classification.
3. Adjudication of invalidity of any of the sections, clauses, or provisions of this
resolution shall not affect or impair the validity of the resolution as a whole
or any part thereof other than the part so declared to be invalid.
APPROVED this 16th day of September , 2014
WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON
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APPROVED AS TO FORM:
Civil-D,Q-puty Prosecutor