HomeMy WebLinkAboutord1999-089WHATCOM COUNTY COUNCIL AGENDA BILL
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CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
ginator: Matt W. Aamot
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COUNCIL
10 -26 -99
Council Introduction
Division Head: Sylvia Goodwin
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Planning & Development
Committee
Dept. Head: Michael T. Knapp
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Prosecutor: Dave Grant
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Executive: Pete Kremen
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SUBJECT. Ordinance adopting dompre hensive Plan amendments relating to the agricultural resource lands (File # CMP99- 00008).
ATTACHMENTS:
(1) Proposed Ordinance.
SEPA review required? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( x' )NO
SEPA review completed? ( x ) Yes ( ) NO
Requested Date:
I The Council must hold a hearing if they want to change the Planning
Commission's recommendation (WCC 20.10.110 and WCC 20.90.090).
°FIMMARYSTATEMENT. The request is to adopt amendments to Chapter 8 of
Distribution Request
Whatcom County Comprehensive Plan modifying text and maps relating to
agricultural resource lands.
Indicate those who should receive a copy after Council action.
List specific names to the right.
The Growth Management Act requires that Comprehensive Plan amendments be
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considered only once per year, with certain exceptions. All amendments must be
considered concurrently. In 1999, the County Council initiated 13 amendments
for review under Resolution No. 99 -012. The Planning Commission held
multiple hearings to consider these amendments. The Planning Commission
took a final vote on the package of the 13 amendments on October 14, 1999. The
Council is requested to adopt the Planning Commission's recommendations or,
alternatively, to hold a hearing and adopt modifications to the Commission's
recommendations. The Council can not adopt the amendments until 60 days
after they were sent to the State Department of Community, Trade & Economic
Development, which occurred on September 23, 1999 (RCW 36.70A.106/WAC
365 -195 -620). Additionally, the amendments have to be adoptedprior to or along
with the budget (WCC 20.10.040). Therefore, it appears that the request should
ADS Finance
ADS Human Resources
ADS Info Services
Assessor
Auditor
Cooperative Extension
District Court
Executive
Health
Hearing Examiner
Michael Bobbink
✓a>t
be voted on at the Council's November 23, 1999 meeting.
COUNCIL ACTION TAKEN.
Juvenile
r
Parks
1999-406 10/26/99: Introduced
11/9/99: Held in Committee
11/23/99: Held/ Public Hearing on 1217
1217/99: Substitute ordinance adopted 6-1, Brenner opposes
Planning
Michael T. Knapp
Prosecutor
Public Works
Sheriff
Ord. #99 -089 ,_ .
Superior Court
Treasurer
it
Other
Related File Numbers. AB99 -074
Ordinance or Resolution iyumber ��
(this item): �] O
I:Planning \Rezone \Comp.99\Agenda Bills \.CMP99- 00008. doc
File Ref: CMP99 -00008 SPONSORED BY: Consent
10 -15 -99 PROPOSED BY: Planning & Development Services
INTRODUCTION DATE: 10/26/99
ORDINANCE NO. 99 -089
AMENDING THE WHATCOM COUNTY
COMPREHENSIVE PLAN TEXT AND MAP REGARDING
AGRICULTURAL LANDS
WHEREAS, The Whatcom County Council passed Resolution 99 -012 on March 23, 1999 initiating
13 Comprehensive Plan amendments, and related amendments to the Official Whatcom County Zoning
Ordinance (Title 20), for review in 1999; and
WHEREAS, One of the proposed amendments is a request to amend the Comprehensive Plan
text and map relating to Resource Lands; and
WHEREAS, The Deputy SEPA Official for Whatcom County issued a determination of non -
significance on May 5, 1999; and
WHEREAS, Pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on
June 27, 1999; and
WHEREAS, The Planning Commission held a public hearing on the subject amendment on July 8,
1999 and considered all testimony; `
WHEREAS, The Planning Commission held a work session on October 14, 1999 to consider all the
amendments concurrently, as required by WCC 20.10.100; and
WHEREAS, The Planning Commission evaluated the merits of each amendment in relationship to
the County Wide Planning Policies and the goals, policies and objectives of the Comprehensive Plan, as
required by WCC 20.10.100; and
WHEREAS, The Planning Commission issued Findings of Fact & Reasons for Actions,
Conclusions and Recommendations on the amendments; and
WHEREAS, the County Council has considered the Planning Commission's Findings of Fact &
Reasons for Action, Conclusions, and Recommendations for all the amendments, as required by WCC
20.10;110; and
WHEREAS, the County Council has considered all the amendments concurrently so that the
cumulative effect of the various proposals can be ascertained, as required by the Growth Management
Act (RCW 36.70A.130) and WCC 20.10.010; and
WHEREAS, the County Council finds that the Comprehensive Plan amendments recommended
by the Planning Commission conform to the Growth Management Act; and
WHEREAS, the County Council finds the subject Comprehensive Plan amendments are in the
best interest of the public health, safety, and welfare, based on the following findings and conclusions:
FINDINGS
1. Public notice was published in the Bellingham Herald June 24, 1999.
2. A determination of nonsignificance was issued by the SEPA Official on May 5 1999.
3. Maps #18 and 19, Chapter 8 - Resource Lands were confusing partially because they lacked a
narrative description regarding their content and purpose and because they looked almost identical.
4. Modification to the Agriculture Protection Overlay soils list were made in conjunction with adoption
of permanent zoning controls by Whatcom County Council (ORD#98 -083, 12/8/98). The soils list
was further modified, at Whatcom County Council request by the Technical Committee for the
Review of Agricultural Subdivisions in February 1999 (see memo to Council - Attachment Q. Map
# 19 needs to be updated to reflect changes to the soils list.
5. Inconsistencies in the term used to refer to the Agriculture Protection Overlay within the Chapter 8
require correction to enhance internal consistency in the Comprehensive Plan. Agriculture Protection
Overlay is also the title of WCC 20.38.
CONCLUSIONS
1. The amendments as proposed are consistent with the Growth Management Act, and the
Comprehensive Plan.
2. The amendments are necessary to reflect minor changes to the Agriculture Protection Overlay soils
list and to clarify the purpose and information contained in Maps #18 and 19.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The text of the Whatcom County Comprehensive Plan is hereby amended as shown on Exhibit
1.
Section 2. Map # 18 of the Whatcom County Comprehensive Plan is hereby amended as shown
on Exhibit 2 and map # 19 of the Whatcom County Comprehensive Plan is hereby amended as
shown on Exhibit 3.
Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall
not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so
declared to be invalid.
ADOPTED this 7 day of December 1999.
APPRO D as to form:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, • SHINGTON
=fW son, Chairpe rson
d () Denied
Pete Kremen, Executive
2
Date: ./,
Exhibit 1
INTRODUCTION
Chapter Eight
RESOURCE LANDS
The growth and harvest of farm products, re- generation and harvesting of timber, and excavation
of minerals all shape Whatcom County's landscape and strongly influence the economy. Resource
lands, which include agriculture, forestry, and mineral resource lands, also largely represent
Whatcom County's cultural heritage. These natural resource activities have been major industries
since settlement began in the area.
Chapter Organization
This chapter is divided into three sections: Agricultural Lands, Forest Resource Lands, and Mineral
Resources. The action plans for all three sections appear at the end of the chapter.
Purpose
This chapter contains goals and policies designed to identify and protect the important natural
resource lands found in Whatcom County as defined by RCW 36.70A. The development of these
goals and policies is necessary to ensure the provision of land suitable for long -term farming,
forestry, and mineral extraction so the production of food, fiber, wood products, and minerals can
be maintained as an. important part of our economic base through the planning period. Without
protection of these resource lands, some of the lands could be inappropriately or prematurely
converted into land uses incompatible with long -term resource production. . The premature
conversion of resource lands into incompatible uses places additional constraints on remaining
resource lands and can lead to further erosion of the resource land base.
Process
Each section of this chapter includes a description of the process followed in creating that section.
GMA Goals, County -Wide Planning. Policies, and Visioning Community Value Statements
The following goals and policies in this chapter have been developed:
to be consistent with and help achieve the state -wide GMA goals to "maintain and enhance"
natural resource based industries
to implement County -Wide Planning Policies which express the desire for the county to
become a government of rural lands and sustainable resource based industries
to fulfill the citizens' vision of Whatcom County where resource based industries are widely
practiced and encouraged
The Agricultural Lands, Forest Resource Lands, and Mineral Resources sections of this chapter
address Goal 8 of the GMA, which reads:
"Natural Resource Industries. Maintain and enhance natural resource based
industries, including productive timber, agricultural, and fisheries industries.
Encourage the conservation of productive forest lands and productive agricultural
lands, and discourage incompatible uses." (RCW 36.70A.020)
The goals, policies, and action plans of this chapter support the achievement of this goal by
identifying, designating, and protecting productive resource lands from incompatible uses, thereby
helping to maintain the county's important natural resource based industries.
Identifying and designating productive resource lands also helps implement the County -Wide
Planning Policies which state that Whatcom County shall "become a government of rural areas in
land use matters directed towards agriculture, forestry and other natural resources." [CWPP B(1)].
In addition, land use policies which encourage best management practices are included within this
chapter to support the County -Wide Planning Policies regarding economic development:
As part of. a broad based economy, productive timber, agriculture and fisheries
industries should be maintained in a sustainable manner. [CWPP F(7)]
The results of the Visioning Process place a great importance on preserving agricultural lands while
recognizing the economic pressures facing the farming community. The economics of forestry are
recognized as well, along with the necessity of mining and the reality of impacts on affected
neighbors. The goals, policies, and action plans of the Resource Lands chapter support the future
vision of Whatcom County as a semi -rural region with productive resource based industries and a
healthy environment by encouraging the use of good management practices and resource
conservation measures as well as designating and protecting resource lands.
AGRICULTURAL LANDS - INTRODUCTION
Purpose
The purpose of this section is to provide a clear set of guidelines that both preserve the agricultural
base in Whatcom County and ensure that both the agricultural industry and the cultural heritage
thrive in.the years to come.
Process
In 1991 an Agricultural Resource Land Advisory Committee was formed to adopt Interim Agricultural
Resource Land Designations under the GMA. Committee members were chosen for their interest
or expertise in Whatcom County agriculture and included dairy and berry producers, food
processors, Whatcom County Farm Bureau, a Darigold Board member, a small farmer, interested
citizens, Cooperative Extension Service, Agriculture Stabilization and Conservation Service, and
Soil Conservation Service.
After 13 committee meetings and three public information meetings in 1991, the committee
recommended adoption of refined goals and objectives and re- adoption of the existing Agriculture
zoning and plan designations on an interim basis. This included consolidation of the existing body
of agriculture policies into one document; a refined set of goals, objectives, issues, and planning
horizon; a list of consensus items agreed upon by the Committee; an Action Plan; and a right to
farm ordinance. Much of the material in this section was taken from that original process and
distributed among the agricultural community for their review prior to submission of the final draft
to the County Council and Planning Commission for action.
GMA Requirements
The Growth, Management Act requires the Whatcom County. Comprehensive Plan to identify the
"general distribution and general location and extent of the uses of land ... for agriculture...." Map
18 and Map 19 show agricultural soils and existing agricultural zoning boundaries.
Map 18 shows prime agricultural soils, and the Agricultural Comprehensive Plan designation. Those
lands designated as Agriculture in the comprehensive plan are Designated Agricultural Lands for
GMA Dlannina purposes.
Prime farmland, as defined by the Natural Resources Conservation Service (NRCS). "is the land
that is best suited to food, feed, forage, fiber, and oilseed crops." Categories of prime soils depicted
on Map 18 are described as follows:
• Category I: All areas are prime farmland.
• Category II: Prime farmland when drained.
• Category III: Prime farmland when protected from flooding.
• Category IV: Prime farmland when irrigated.
• Category V: Prime when drained and protected from flooding.
Map 19 shows Agriculture Protection Overlay soils, and provides a visual representation of those
areas that are subiect to the Agriculture Protection Overlay (APO). The APO recognizes that
agriculturally important soils may lie outside existing agricultural zoning, and provides a mechanism
for conserving these soils for agricultural use, if conservation is appropriate. Soils are classified as
APO soils based on the NRCS's Prime Farmland classification system and Land Evaluation and
Site Assessment (LESA) system.
The purpose of the APO is to promote and encourage commercial agricultural activity. meet long- '
term agricultural needs not otherwise met in the Agriculture zone district, provide a reasonable mix
of uses and activities which may enhance the economic resources available to the farmer, and
provide for a variety of uses within the rural areas which are not inconsistent with or incompatible
with the use of lands within these areas for agricultural activities.
Conserving productive agricultural lands in rural areas, without infringing on private property rights,
is a primary objective of the APO. The APO applies to all lands zoned Rural -5A or Rural -10A that
are outside designated urban growth area boundaries and held in parcels of 20 acres or larger. Map
19 shows lands zoned Rural -5A or Rural -10A that are outside UGAs. Applied at the time of
subdivision. the APO utilizes cluster zoning in order to allow development on one portion of a parcel,
while leaving the remainder of the Darcel available for agricultural use. The portion available for
development will be limited to 20 percent (or possibly, up to 30 percent).
5
The APO seeks to conserve lands, with agriculturally important soils, whose predominant use has
been and continues to be, or could be commercial agriculture. This overlay zone shall include areas
which:
1. Have been designated as agricultural open space for county property tax purposes within the
past seven years; and /or
2. Those that include more than 50 percent APO soils;
GMA also specifies the need for regulatory protection relative to agriculture. It requires that the
county "shall adopt development regulations on or before September 1, 1991, to assure the
conservation of agricultural, forest, and mineral resource lands ..." Whatcom County has enacted
a Right -To -Farm ordinance that meets this requirement.
AGRICULTURAL LANDS - BACKGROUND SUMMARY
Agriculture has been practiced continuously in Whatcom County since long before Euro - American
settlers arrived. Native American peoples had developed and cultivated root crops in the natural
prairies along the Nooksack Valley, where sub - irrigated meadows were ideal sites for such plants
as camas. and "Indian carrot." Euro - American settlers expanded the area under cultivation, logging
and planting crops on thousands of acres of forest land.
Today agriculture plays an important role in both Whatcom County's economy and its identity.
Agricultural activity is generally considered to be a condition or activity which occurs on agricultural
land in connection with the commercial production of agricultural products. Agricultural land can be
described as the land, buildings, freshwater ponds, including the buildings and machinery used in
the commercial production of agricultural products. Agricultural products are those plants and
animals useful to humans. Commercially viable agricultural products require generally rich and
fertile soil with appropriate amounts of water to bring them to a harvestable stage.
Agricultural lands are an important resource to the people of Whatcom County and Washington
State. Yet these lands are often considered available for urban or rural uses. Often the conversion
process begins when rural uses move onto agricultural land, creating smaller parcels, more
buildings, and activities that,.in some cases, are incompatible with agriculture. In many cases, this
blurs the line of distinction between agriculture uses and other uses and sets the stage for further
conversion of the limited agricultural land base in Whatcom County.
The viability of an agricultural resource economy is dependent upon the presence of certain
agriculture related industries and activities. These include processors (for example, fruit and
vegetable packers and milk processors in Whatcom County), farm implement sales and repair,
fertilizer and pesticide suppliers, trucking firms, certified meat inspectors and processors, a pool of
farm labor, etc. These activities, in turn depend on a stable (or expanding) agricultural products
economy which is in turn dependent on maintaining a stable agricultural resource land base. If
agricultural production is reduced below a certain level in a given geographical area, then it
becomes no longer economical for the agriculture related activities to remain in that area. Loss of
these support industries results in further reduction and conversion of the agricultural land base and
an accelerating downward spiral for the local agricultural economy.
Another important consideration is maintaining a large contiguous land base for agriculture.
Smaller, discontinuous agricultural areas are more vulnerable to conversion pressures resulting
6
from longer hauling routes, difficulty in transporting farm equipment and supplies on roads dedicated
to residential traffic, conflicts with neighboring non- agricultural land uses, and the reduced
importance of agriculture in the local economy. Maintaining such a large contiguous land base
sometimes requires preserving within the agricultural resource land area some lands that are not
well suited to actual production of crops. Such inclusions may best be used for building sites,
windbreaks, specialty crops, livestock wintering, forestry, etc. Thus it is important to consider both
the size and the configuration of the agricultural resource area to provide long term stability of the
agricultural resource and support industry economy.
In 1949, 200,000 acres of land were reported to be in farm production in Whatcom County. Since
that time, land in farm production has declined. In 1994, agriculture accounted for 139,680 acres,
a decline of over 60,000 acres. The number of farms in Whatcom County declined from 1,463 in
1987 to 1,367 in 1992. Although farm size remained about the same over this period, averaging
86 acres, the total number of acres in farm production declined by 6,539 acres between 1987 and
1992. These figures illustrate how the amount of land in farm production has been steadily
shrinking over time.
AGRICULTURAL LANDS - ISSUES, GOALS, AND POLICIES
Agricultural Land Base
Agricultural viability is dependent upon long -term supplies of clean water and a large fertile land
base. Erosion of the farm land base has been recognized as a. national and local problem. The
maintenance of a sufficiently large land area devoted to agricultural activity is necessary to support
associated farm processing operations such as milk and berry processing facilities.
Increasing demand for low cost residential building sites coupled with fluctuating profit margins for
agricultural operations brings increasing pressure to convert agricultural land to residential and
other non- agricultural uses.
GOAL 8A: Conserve and enhance Whatcom County's agricultural land base for the
continued production of food and fGFage fiber.
Policy 8A -1: Support the conservation of productive agricultural lands and agricultural
resource lands, including areas with prime soils which are not now zoned
agriculture, by developing a long range strategy for their preservation. The
planning horizon should be twenty years in the short-term and 250 years in
the long -term.
Policy, 8A -2: Support conservation of the agricultural land base through a broad range of
incentives and cooperation between landowners and public agencies such
as the utilization of the current use tax assessment provisions.
Policy 8A -3: Support conservation of productive agricultural land by requiring the use of
best management practices including soil and water conservation, livestock
waste management, etc.
Policy 8A4: Discourage conversion of productive agricultural land to incompatible non-
agricultural uses.
Policy 8A -5: Prioritize agricultural activity in land use decisions when land is composed
of prime and /or productive agricultural soils and agriculture is the highest
value resource use.
Policy 8A -6: Establish flexibility in land use plans and regulations to encourage
maintenance of the productive agricultural land base.
Policy 8A -7: Maintain SCS Soil Survey as basic guideline for designating agricultural
resource lands.
Policy 8A -8: Protect water resources from both a quantity and a quality perspective to
ensure and possibly enhance continued agricultural viability.
Policy 8A -9: Work to ensure water rights are available for agricultural uses.
Policy 8A -10: Use an "DUFF^ PFeteGt4eR Zene' "Agriculture Protection Overlay"
designation'in certain Rural zoned areas as one way to achieve this goal.
Agricultural Products Industry
Agriculture is an essential contributor to the local Whatcom County economy. Agriculture is most
productive in large agricultural communities where neighbors support agriculture and where labor,
farm supplies and market systems for farm products are available.
GOAL 8B: Maintain and enhance Whatcom County's agricultural products industry
as a long -term and sustainable industry.
Policy 813-1: Promote the expansion and stability of local and regional agricultural
economies.
Policy 813-2: Assist Whatcom County's agricultural industry in the pursuit of its long -term
economic potential. This should include the development of strategies and
policies necessary to reach this potential, in terms of both production and
diversity.
Policy 813-3: Support agricultural product processing facilities through appropriate
planning, zoning, and land use regulations.
Policy 813-4: Support methods and strategies to market Whatcom County agriculture in
ways which ensure that agricultural activities (such as dairying) and entities
(such as processors) will remain here in the long term.
Policy 813-5: Support improving the efficiency and flexibility of state and local
environmental regulations affecting the agricultural products industry.
Policy 813-6: Develop a range of non - regulatory programs, options, and incentives which
agricultural landowners can employ to meet or exceed county environmental
goals.
Agriculture Related Cultural Heritage
s
Agriculture is not just a business but a way of life, with many farmers farming the same land their
parents and grandparents farmed. The sense of community that these people have built over the
years is one of the most valuable assets of our county.
Nevertheless, the livelihood of these people appears to be threatened. Property has become a
valuable commodity in Whatcom County and oftentimes young farmers cannot afford to buy
productive farmland because the cost is so prohibitive. The reverse is true for retiring farmers.
Often they cannot find buyers who can afford the high market value of the land. In some cases this
creates pressure to convert the land to other uses.
GOAL 8C: Preserve and enhance the cultural heritage that is related to agriculture.
Policy 8C -1: Find ways for retiring farmers to pass their farms on to their children and for
young farmers to be able to afford to buy productive farmland.
Policy 8C -2: Identify, preserve, and enhance community character, landscape, and
buildings associated with agricultural activity.
Policy 8C -3: Involve those who actually are engaged in agricultural activities in the
planning process. Utilize groups working effectively with the agricultural
community to help preserve and /or create a sustainable economic.
agricultural base.
Policy 8C -4: Support the continuation of owner occupied /family owned farms.
Land Use Conflicts
Agriculture may conflict with other land uses. Residents of non -farm housing adjacent to farms, and
owners and patrons of nearby commercial uses, have complained of nuisances such as odors, dust,
chemical sprays, and noise from machinery. Farm equipment, crops, and livestock may suffer from
increased vandalism. In addition, non -farm residential development, particularly residential
subdivisions, can raise assessed valuation or lead to special assessments on adjacent farmlands,
resulting in higher property taxes for farmers. The same is true of commercial uses. On the other
hand, the open space value of farmland can be diminished or destroyed by the location of
commercial uses such as junk yard, auto wrecking yards, etc.
Many agricultural drainage districts have been in existence since the. early 1900s with little or. no^
outside influence. Their sole function has been to keep the water table down low enough to allow
crops to grow throughout the season. In the last few years, however, there has been growing
concern about the impact this activity may have on fish habitat and fish populations. As a result,
Hydraulic permits have been difficult to get from the Washington State Department of Fish & Wildlife
and drainage activity has been slowed.
Mining activities, such as the extraction of sand and gravel, are often an alternative use of land
zoned for agriculture. Such activities may limit options for later agricultural use, depending upon
the intensity of the activity and'the extent of soil rehabilitation efforts.
Many profitable agricultural operations are located on land outside of predominantly agricultural
areas. Although these operations may not be entirely compatible with neighboring urban and
suburban developments, they are important contributors to the agricultural base in Whatcom
County.
GOAL 8D: Reduce land use conflicts between Whatcom County's agriculture and
non - agricultural landowners.
Policy 8D -1: Work to reduce conflicts between incompatible agricultural activities by
establishing zoning regulations which protect productive agricultural lands
of long -term commercial significance from conversion to non - compatible
uses. This zoning should recognize the diversity of agricultural landowners
and agricultural land uses. This zoning should provide flexible regulations
which encourage all agricultural landowners- to maintain the productive
agricultural land base while protecting them from conflicting uses.
Policy 8D -2: Affirm and build upon the. Right-To-Farm ordinance, in order to help curb
pressures to convert farms to non -farm uses.
Policy 8D -3: Support improved communication and understanding between agricultural
landowners and the public through such mechanisms as voluntary
agricultural management plans, community forums, and educational
programs.
-Policy 8D -4: Recognize the importance of surface mining as an agricultural practice when
the activity contributes to enhancing subsequent agricultural uses on the
property.
Policy 8D -5: Accommodate the location of designated mineral resource lands in or near
agriculture zones when determined by Whatcom County to be in the best
interests of the community.
Policy 8D -6: Support agricultural activity in mixed farm /rural residential areas, with the
understanding that certain farm practices may conflict with other neighboring
rural land uses.
Policy 8D -7: Help resolve conflicts associated with maintaining and enhancing quality fish
habitat and the necessary drainage work that is annually done by agricultural
drainage districts and landowners.
Policy 8D -8: Encourage the fencing of livestock away from fish- bearing streams.
Policy 8D -9: Encourage low intensity recreational activities which sustain and are
compatible with agricultural uses.
Policy 8D -10: In the " " "Agriculture Protection Overlay" on
parcels 20 acres and larger with Rural 5 acre and Rural 10 acre zoning,
require non - agriculturally related development to be clustered on 20 or up
to 30 percent of the available land with the remainder available for open
space and agricultural uses. Development standards shall provide flexibility
to achieve development potential in cases of natural limitations.
10
RESOURCE LANDS - ACTION PLAN
Agricultural Lands
1. Create an Advisory Committee comprised of members of the Whatcom County Planning
Commission, and representatives of agricultural interest such as the Whatcom County Soil
District, the Whatcom County Agricultural Preservation Committee, the Whatcom County
Farm Bureau, the Whatcom County Dairy Federation, the Whatcom County Cooperative
Extension Service and other agriculture- related interests, including the farmer, the
consumer, and the processor. The task of the committee will be to work with the County
and others involved to implement the remaining action items for the Agricultural section.
2. Direct the Advisory Committee to review the existing Comprehensive Plan and zoning
designations for Agriculture during subarea review to determine whether any adjustments
in these boundaries are warranted. The review should include parcels within the Agriculture
designation to determine if they should no longer be designated Agriculture, and should
include parcels in the Rural designation (and possibly other designations) to determine if
they should be designated Agriculture. The review should also include areas outside the
immediate Agriculture boundary as available research and data indicate. Designation as
" "Agriculture Protection Overlay" may be one tool to implement
this recommendation.
3. Direct the Advisory Committee to develop a process that encourages support of the
Agricultural resource land base presently being reduced by rezones of land from an
Agriculture designation to other zoning designations. This process should be utilized as an
alternative method to gain approval for a specific rezone request.
A rezone can occur when:
it is determined to be in the public interest; and
the applicant acquires or otherwise removes the development rights from a
replacement parcel of land not presently located in an Agricultural Zone; and
the replacement parcel is rezoned to an Agricultural designation.
To designate "replacement parcels," a set of specific criteria will be applied to both parcels
and the proposed replacement parcel must score equal to or higher than the parcel
requested to be rezoned out of an Agricultural designation.
4. To assist staff and public in evaluating lands for possible inclusion in the Agriculture zone,
develop a system such as the LESA (Land Evaluation and Site Assessment) system or a
similar mechanism. This system will consider County -wide Planning Policies and Growth
Management Act goals for the conservation of the agricultural resource. Other uses for
such a system could include:
Evaluating requests for agricultural land divisions pursuant to the exceptions
to the 40 acre minimum parcel size in the Agriculture zone district of Title 20.
Evaluating applications for Conditional Use Permits for non - agricultural
production uses in the Agriculture zone district of Title 20.
5. Establish buffers or setback requirements for non - agricultural lands when they are adjacenf
11
to agricultural lands. As a part of this task, establish the quality and type of buffers or
setbacks.
6. Review and re -work appropriate sections of the agricultural zone text in Title 20 to address
such items as:
land divisions below the 40 acre minimum parcel size
criteria for conditional use permits for non - agricultural production uses.
7. Continue to develop strategies that reduce impacts by agricultural uses on natural systems
sensitive to human activity. This relates to impacts on fish, wildlife, vegetation, groundwater,
and other natural systems.
8. Coordinate with the members of the agricultural community when addressing issues that
affect agriculture in Whatcom County. Representative entities such as the Whatcom County
Soil Conservation District, the Whatcom County Agricultural Preservation Committee, the
Whatcom County Farm Bureau, the Whatcom County Dairy Federation, the Whatcom
County Cooperative Extension Service and other agriculture related organizations should
be included.
9. Support educational short courses which address methods of structuring agricultural estates
to minimize inheritance taxes; give special emphasis to utilization of Land Trust as a
mechanism by which to protect their farmlands in perpetuity for agricultural uses by their
heirs or other farmers.
10. Work with the drainage districts and the Washington State Department of Fish and Wildlife
to resolve conflicting interests associated with fish and wildlife habitat.
11. Evaluate present tax assessment systems relating to agricultural land use, and make
recommendations to the. Auditor's Office or other appropriate taxing authority for greater
equity where necessary.
12
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