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FILE REF: FOREST PRACTICES INTRODUCED BY. Consent
PROPOSED BY: PLANNING
DATE. '
ORDINANCE NO. 89'129
AN ORDINANCE RESTRICTING THE DEVELOPMENT OF LAND FOR
SIX YEARS UNLESS A DECLARATION OF CONVERSION IS MADE
AT THE TIME OF THE FOREST PRACTICES APPLICATION
WHEREAS, forest practices have increased In the "urban /forest transition area" due to expanding
urbanization, Increased demand for timber, and the maturity of second growth timber In the county, most of which
which is now at a harvestable age; and
WHEREAS, forest practices associated with conversions or potential conversions of land are a major
concern of Whatcom County; and
WHEREAS, when an application is classified as a Class IV General (conversion) by the Department of Natural
Resources (DNR), counties are granted a major role in the review of the forest practice; and
WHEREAS, the existing Washington Forest Practices Rules and Regulations allow counties to restrict
development for up to six years after logging if property owners do not declare their intent to convert to a use other
than normal rotation of timber when the forest practice application Is submitted; and
WHEREAS, immediate action is necessary to respond to increased logging activity in the "urban /forest
transition area" as an interim measure while a number of attempts are currently being made at the state and
regional level to more comprehensively address thls pressing Issue; and
WHEREAS, a development restriction as an incentive to land owners to think carefully about their future
intent when a forest practice application is filed is one vehicle to help address the transition issue;
NOW THEREFORE, BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
Any property that has been logged under a Class I, II or 111 Forest Practices application shall not be eligible
for any subdivision of.land including subdivisions, short subdivisions, binding site plans, or any development permit
including planned unit developments, major developments, conditional use permits or shoreline substantial
development permits, for a period of six (6) years. A building permit for a single family dwelling and accessory
structures shall be exempted from these requrements.
PASSED this 21st day of December , 1989.
ATTEST:
Clerk of the Council
TQ FORM:
Civil Deputy PQ6sgcuting Attorney
WHATCOM C TY COUNCIL
H TCOM W SHINGTON
Don ey, Chairperson
(J'�PPROVED ()VETOED
Shirley Van lanten, Cou xecutive
Date 1,2 -2(,;, 65
AWHATCOM � COUNTY
PLANNING DEPARTMENT
401 Grand Avenue
Bellingham, Washington 98225
MEMORANDUM
Scan: 644 -6756 Fax., 676 -7727
2061676 -6756 2061398 -1310
"°l' 0
TO: Don Hansey, Council Chairman
Council MeT s 1`"':
FROM: Dan Taylor, Director of Land Use and Economic Planning
DATE: November 30, 1989
RE: Conversion Ordinance Relative to Forest Practices
ly14roi /989
Cp �01/,; NC/` ly
Enclosed is a proposed ordinance that addresses the conversion of land to a non -
forestry use and the imposition of a six year moratorium on development on the
land if the applicant does not declare his /her intent to convert the land to a
use other than normal rotation of timber. The provisions of the six year
moratorium will locally ratify power granted to the counties by the Forest
Practices Act though we are not being quite as restrictive.
The Forest Practices Act [Chapter 76.09.060 (3)(b)] currently reads:
"If the application does not state that any land covered by the application
will be or is intended to be so converted: for six years after the date
of the application the county or city and regional governmental entities
may deny any or all applications for permits or approvals, including
building permits and subdivision approvals, relating to non - forestry uses
of land subject to the application."
The staff has been alerting forest practices applicants to the possible six year
restriction, but we need.the legislative mandate to make it effective. We will
be following this ordinance with legislation that will address the requirements
to be imposed when we review a conversion forest practices application. This will
be going through the Planning Commission in February as it is a land use control.
This six year moratorium does not need to go through the formal hearing process.
We are calling all of this legislation "interim" because there are so many
changes currently taking place in the forest industry. A state working committee
selected by the Washington State Forest Practices Board has recently submitted
to the Board proposed changes to WAC 222 regarding the conversion issue. A local
ad -hoc committee has begun sorting out priority issues in the Lake Whatcom
Watershed which may result in administrative or legislative changes. The
Association of Washington Counties is also taking a close look at forestry issues
and may involve itself in the upcoming TFW talks. In light of these and other
Forest Practices
November 30, 1989 -- Page 2
developments related to forest practices, it would be premature to try to find
the definitive answer to the problematic issue of conversions at this time.
Consequently, we view these proposals as temporary until better approaches
surface.
We have been working with the timber industry, development community and
environmentalists on both the moratorium proposal before you and the conversion
regulations.
cc: Shirley Van Zanten