HomeMy WebLinkAboutord2018-065WHATCOM COUNTY COUNCIL AGENDA BILL ern. 2018 -235
CLEARANCES
Initial
Date j
Date Received in Council Office
Agenda Date As.si �nerl to:
Originator:
LC
� �` .`�Ji`t �
o _ _
1/811 � Introduction
Division Head;
d —
_ _
9/11/18 Resources
Dept Head.-
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JUL 3 i 2018
9/11/18 Council
WHATCOM COUNT -Y
Prosecutor^
7- Zti'19
9/25/2018
iNat Res. /Council
Purchasing /Budge!:
COUNCIL
11/20/2018
at. Res. /Council
Executive:
31. I
11/20/18
Council
TITLE OFD ! : Request to amend the PDR Program Guidelines as recommended by the Purchase of
Development Ri = s Oversight Committee
I
ATTACHMENTS: Memo, Draft Updated PDR Program Guidelines, Recommended Ordinance with Exhibit
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in lite required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Development pressure in Whatcom County continues to impact agricultural areas, but pressure is also being
applied to working forestlands and important ecosystem areas. Based on the receipt of multiple applications
from property owners voluntarily applying to sell development rights on properties that would protect additional
values such as working forestlands or important ecosystem areas, in addition to consideration of other
prioritization considerations, the Purchase of Development Rights Oversight Committee reviewed the currently
approved PDR Program Guidelines. The PDR Oversight worked on updating the PDR Program Guidelines for
the entire year of 2017 and would like to request Council approval of the updated guidelines and accompanying
ordinance.
I
COMMITTEE ACTION. •
COUNCIL ACTION.•
9/11/2018: Held in Committee
19/25/2018: Held in Committee
8/8/2018: Introduced 6 -0, Ballew absent
9 /11/2018: Held in Committee
11/20/18: Recommended for adoption
9/25/2018: Held in Committee
1
11/20/18: Adopted 6 -1, Byrd opposed.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Ord 2018 -065
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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PROPOSED BY: PDS
INTRODUCTION DATE: 8/8/2018
ORDINANCE NO. 2018 -065
ADOPTING AMENDMENTS TO THE
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
WHEREAS, Whatcom County government recognizes agriculture and forestry as
major contributors to the local economy, and agriculture, forestry, and ecosystem functions
and values as contributing to a high quality of life for Whatcom County citizens; and
WHEREAS, The Growth Management Act and the County Comprehensive Plan
support the retention of agricultural and forestry lands of long term commercial significance
and protection of ecosystem functions and values, and encourage the use of innovative
techniques to do so; and
WHEREAS, Ordinance #92 -002 enacted a property tax levy known as the
Conservation Futures Tax as authorized by RCW 84.34.230 to provide a funding source to
assist in acquiring open space, wetlands, farm and agricultural land, and timber land; and
WHEREAS, Ordinance #2002 -054 established the Whatcom County Agricultural
Purchase of Devleopment Rights Program; and
WHEREAS, The Whatcom County Council has identified the Purchase of
Development Rights Program as an effective tool to protect community values by
compensating willing property for the voluntary sale of development rights, and
WHEREAS, The Whatcom County Purchase of Development Rights Program has
received several voluntary applications from non - agricultural property owners wishing to
protect their working forestlands and important ecosystem areas, and
WHEREAS, Additional sources of matching funds are available to support acquisition
of conservation easements on properties that protect forestry and ecosystem values, and
WHEREAS, The Purchase of Development Rights Oversight Committee has updated
the program guidelines so as to maintain the protection of agricultural lands as the primary
purpose of the program, and
WHEREAS, The Purchase of Development Rights Oversight Committee voted
unanimously on January 26, 2018 to recommend approval of the updated guidelines.
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NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code 3.25A is hereby amended as outlined in Exhibit A to this ordinance,
BE IT ALSO ORDAINED by the Whatcom County Council that the PDR Program
Guidelines are also amended as outlined in Exhibit B to this ordinance.
.,;;;j.�
ADOPTED thhi�,, ci�jy of November , 2018.
ATTEST'.
Dana -own: Mvisy,Cierk of the Council
WHATCOM COUNTY E ECUTIVE
APPROVED S TO FO M-:
i
Civil Deputy Prosecutor
Page 2
WHATOK UNN COUNCIL INGTON
Rud
, Council Chair
=WHATCCOU, 'U�"1 CIWINGTON
Jack Louws, 4u nty x e
()�oproved ( ) Denied
Date Signed: i1 Z111 9-
EXHIBIT A
1 Chapter 3.25A
2 � AGRICULTURAL, FMESTRY, AND ECOLOGICAL PURCHASE
3 OF DEVELOPMENT RIGHTS PROGRAM
4 Sections:
5
3.25A.010
Short title.
6
3.25A.020
Purpose.
7
3.25A.030
Applicability.
8
3.25A.040
Definitions.
9
3.25A.050
Designation of prograrn administrator — Powers and duties.
10
3.25A.060
Purchase of development rights oversight committee established — Powers and
11
duties.
12
3.25A.070
Eligibility criteria.
13
3.25A.080
Ranking system.
14
3.25A.090
Conservation easement terms and conditions.
15
3.25A.100
Application and evaluation procedure.
16
3.25A.116
Purchase of development rights procedure.
17
3.25A.120
Restriction on buy -back — Extinguishment and exchange of easements.
18
3.25A.130
Authorization.
19 3.25a,010.�0urt titlr.
20 I This chapter shall be known and may be cited as the "Agricultural Forestry, and Ecological Purchase of
21 Development Rights Program." For the purpose of this chapter this program shall be known as the "PDR"
22 program. (Ord. 2013 -015 Exh. A; Ord. 2002 -054 § 1).
23 3.'_5,�.020 I'm rpwv
24 To establish a voluntary agricultural, forestry, and [rt ok)(.ly �)l purchase of development rights program for
25 Whatcom County which will enhance the protection of the county's farmland_ forestland, and important
26 ecosystem areas, enhance the long -term viability of the agricultural and forests/ enterprises within the
27 county and provide public benefit by retaining properties in permanent resource use, In addition to the
28 protection ecosystem funcllons and values. (Ord 2002 -054 § 1).
29 3 251.030 ,4jylicaihiii(N.
30 The PDR program shall be available for all qualifying lands, as identified in the PDR program guidelines,
31 except those lands under the ownership or control of the United States of America, the state of
32 Washington or an agency or instrumentality thereof Any conservation easement acquired pursuant to this
33 chapter shall be voluntarily offered by the owner. (Ord 2002 -054 § 1).
34 3,23:1.040 Dvfinitiuns,
35 The following definitions shall apply in the interpretation and implementation of this chapter:
36 "Administrator" is that person placed in a managerial position over the daily operations of the PDR
37 program The administrator shall serve as a direct liaison to the program.
38 "Conservation easement" means a nonpossessory interest in one or more parcels by one or more
39 qualified easement holders under WCC 3.25A.090(B) acquired under RCW 64.044 130, whether the
40 easement is appurtenant or in gross, voluntarily offered by an owner and acquired by purchase or
41 donation pursuant to the PDR program guidelines, imposing limitations or affirmative obligations for the
42 l purpose of retaining or protecting agricultural. forestry, and ecosystem values of the parcel or parcels.
43 "Owner" means the owner or owners of the fee simple interest of the parcel
44 "Development rights" means an interest in and the right to use and subdivide land for any and all
45 I residential, commercial and industrial purposes and activities which are not incident to agricultural,
46 1 f®re�o/or gcos�steri) uses.
47 "Parcel" means a legal lot of record, lawfully recorded in the Whatcom County auditor's office A
48 conservation easement may contain one or more parcels; for purposes of this chapter the term "parcel"
49 shall include all parcels covered by, or proposed to be covered by, the conservation easement.
50 The "PDR program guidelines" shall be adopted by county council and contain the rules and regulations
51 under which the PDR program operates. They include eligibility criteria, site selection criteria, a standard
52 conservation easement and other procedures and information necessary to ensure fair and consistent
53 administration of the PDR program
54 "Qualifying lands" means those properties meeting the eligibility criteria established in the PDR program
55 guidelines for which development rights may be purchased pursuant to this chapter. (Ord. 2002 -054 § 1)
56 3.25 \.1150 Dedilymition of prwr nrm mlmiuisMitor- Pouers:ind du[ics.
57 A, Designation. The administrator shall be designated by and report to the director of planning and
58 development services_
59 B. Powers and Duties. The administrator or his or her designee shall administer the PDR program and
60 shall have powers and duties to:
61 1 Establish reasonable and standard procedures and forms consistent with this chapter and the
62 PDR program guidelines for the administration and implementation of the program.
63 2 Promote the program in cooperation with the PDR oversight committee by providing educational
64 materials to the public and conducting informational meetings.
65 3. Investigate and pursue, in conjunction with the county, state, federal and other programs
66 available, to provide additional public and private resources to fund the program and to maximize
67 private participation
68 4. Evaluate and rank all applications to determine their eligibility and provide assistance to the PDR
69 oversight committee in ranking properties.
70 5. Coordinate the preparation of appraisals.
71 6 Negotiate conservation easement terms and value with the owner or owners
72 7 Provide staff support to the county council, the PDR oversight committee, and the county's
73 authorized appraiser.
74 8. For each conservation easement accepted into the program, establish baseline data, and assure
75 that the terms and conditions of the easement are monitored and complied with by coordinating a
76 monitoring program with each easement holder. (Ord. 2002 -054 § 1).
77 3,25,1,Dm) Pwtctni e ol'A,% vlopmem viLdits mersi"htconujl;N:,v (,St�fl)1k %-d f'n»crs..ind rf lrwe .
78 A Establishment The PDR oversight committee is hereby established, as follows:
79 1. The committee shall consist of seven members appointed by the county executive and confirmed
80 by county council. Each member shall be a resident in and of Whatcom County The committee
81 shall be comprised of three farmers, one individual representing farm - supporting businesses, one
82 individual possessing real estate experience, one citizen (nonfarmer) from the unincorporated
83 county, and one citizen ( nonfarmer) from an incorporated city. No members may have an
84 ownership interest in any of the lands submitted for purchase pursuant to this chapter
85 2. The members of the committee shall serve at the pleasure of the county council. The initial terms
86 of the members shall be as follows: two members shall be for two years, three members shall be
87 for three years; and two members shall be for four years. Each term after the initial term shall be for
88 four years
89 3. The members of the committee shall serve without pay, but the county council may, at its
90 discretion, reimburse members for actual and necessary expenses incurred in the performance of
91 their duties.
92 4. The committee shall elect a chairperson, vice - chairperson and secretary at its first meeting each
93 calendar year. The secretary need not be a member of the committee.
94 5. The administrator shall be an ex- officio member of the committee.
95 B. Purpose. To provide oversight and evaluation for the county PDR program. The PDR oversight
96 committee's role is to advise the council in the selection of eligible lands offered for PDR acquisition
97 C Powers and Duties. The PDR oversight committee shall have the powers and duties to
98 1 Promote the program, in cooperation and under the guidance of the administrator, by providing
99 educational materials to the public and conducting informational meetings.
100 2 Review and make recommendations to the administrator and the county council as to which
101 conservation easements should be purchased.
102 3. Annually review the PDR program guidelines and recommend to the county council any changes
103 needed to maintain the program's consistency with the comprehensive plan, or to improve the
104 administration, implementation and effectiveness of the program.
105 4 Provide an annual report of program accomplishments to county council and county executive
106 D. Organization — Meetings. Meetings of the committee shall be open and accessible to the public and
107 shall be subject to the Open Public Meetings Act. The committee shall determine its own meeting
108 schedule but shall meet at least annually. A public comment period will be provided at each meeting
109 Written records of meetings, decisions, findings and recommendations shall be kept and such records
110 shall be public. The committee shall adopt its own rules and procedures for the conduct of business. The
111 committee shall elect a chairperson from among its members who shall preside at its meetings. A quorum
112 shall consist of four members present and the committee shall operate on a "majority rule" basis.
113 E. Technical Advisory Committee. A technical advisory committee, without voting privileges, may be
114 formed to advise the PDR oversight committee on technical /scientific matters as needed. Representatives
115 may include but not be limited to individuals from the following agencies: Cooperative Extension Service,
116 National Resource Conservation Service and Whatcom Conservation District (Ord. 2002 -054 § 1).
117 'U ;• lujhila.� ci kci iti
118 In order for a parcel to be eligible for a conservation easement, it must be located outside of an
119 established urban growth area and within Rural 2A, Rural 5A ", Rural 5A, Rural 10A,..Residenti l RurN
120 1 Rural Residential — Island� Rural `FoFestry or Agriculture zoned land and meet any additional eligibility
121 criteria as defined in the PDR program guidelines (Ord. 2011 -025 § 1 Exh. A; Ord. 2002 -054 § 1)
122 "The asterisk refers to Rural 5A areas depicted on the official zoning maps with an asterisk that are subject
123 to WCC 20.36.252, Rural residential density overlay.
124 tii„U10WOui�,,.q ±:ni
125 In order to effectuate the purposes of this chapter, parcels for which conservation easement applications
126 have been received shall be evaluated by utilizing the site selection criteria as contained in the PDR
127 program guidelines. The ranking system shall be used to prioritize the acquisition of conservation
128 easements. (Ord. 2002 -054 § 1).
129 � '. ;i �!� Co s 4;!!I' n 1 0.1 m, ;inii odld,i ;,',,,
130 Each conservation easement shall conform with the requirements of this chapter. The deed of easement
131 shall be in a form approved by the county attorney, and shall contain, at a minimum, the provisions
132 incorporated in the standard agricultural conservation easement Central to the purpose of the PDR
133 program are the following:
134 A Allowable Uses. Uses that are compatible with the long -term productivity of the soil for the pursuit of
135 farming or forestry enterprises andlor protection of ecosystem functions and values.
136 B. Designation of Easement Holders. The county shall be the easement holder, and if designated by the
137 county council, one or more other public bodies or qualified organizations, as defined in RCW 64.04.130,
138 C. Conservation Easement Duration, A conservation easement acquired under the terms of this chapter
139 shall be in perpetuity. (Ord. 2002 -054 § 1).
140 ?�; V!01; gpplien[iuu tiiid oalwition proct -oii n
141 Beginning in the first year following the adoption of the ordinance codified in this chapter and continuing
142 thereafter, the county shall conduct a voluntary property selection process generally as follows and
143 pursuant to the PDR program guidelines.
144 A. Application. Owners of qualifying lands will be invited to make application for purchase of development
145 rights by the county by giving notice in one newspaper of general circulation. Application materials will be
146 provided by the administrator and will include, at a minimum, a standard application form and information
147 about the PDR program Applications shall be submitted to the administrator and reviewed for
148 completeness.
149 B. Evaluation The administrator shall review and determine eligibility and priority classification of
150 applications. The applications ranked by the administrator shall be forwarded to the PDR oversight
151 committee The committee shall review the applications and establish parcels for easement purchase
152 based on selection criteria contained in PDR program guidelines The committee shall then forward the
153 parcels to the county council which shall review and prioritize parcels on which it will seek to purchase
154 conservation easements
155 C. Appraisal. For those applications that meet the requirements of subsection B of this section, the
156 committee shall cause an appraisal of the applicant's development rights to be made in accordance with
157 PDR program guidelines.
158 D. Requirements and Deadlines May Be Waived Any requirement or deadline set forth in this chapter or
159 the PDR program guidelines may be waived by the county council if, for good cause, it is shown that
160 urgent circumstances exist that warrant consideration of an application. Under such circumstances the
161 council may purchase a conservation easement at any time and through any process it deems necessary
162 E. Reapplication. An owner of a parcel not selected by the county council for purchase of a conservation
163 1 easement may reapply in any --the future- open-appliEGation- period. (Ord. 2013 -015 Exh. A; Ord. 2002 -054
164 § 1)
165 3:7.3•x,110 Purclu- i.wufdnelnpincu! riglw, procedure.
166 Each application for a conservation easement shall be processed and evaluated pursuant to the
167 requirements as contained in the PDR program guidelines which will include at a minimum the following
168 A. Development Rights Sale Based on anticipated funding the administrator shall estimate the number of
169 development rights that can be acquired from the initial pool of parcels identified in WCC 3 25A 100(6).
170 The administrator shall coordinate negotiations with the property owners. Upon completion of
171 negotiations, the administrator shall arrange for an appraisal of the development rights by an independent
172 county- authorized appraiser The PDR oversight committee and administrator shall review the results of
173 the appraisal. The administrator shall, in writing, invite property owners to sell to the county development
174 rights for the amount of the appraised value of such development rights, subject to the terms and
175 conditions of a proposed deed of easement. Property owners desiring to sell and /or donate development
176 rights shall submit a written offer to sell. Nothing in this chapter shall compel an owner to submit an offer
177 to sell
178 B. Acceptance An offer to sell development rights shall be forwarded to the county council for
179 acceptance.
180 C Conservation Easement Established A conservation easement shall be established when the owner
181 and an authorized representative of the holder of the easement have each signed the deed of easement
182 The deed shall be recorded in the Whatcom County auditor's office.
183 D_ Offers Not Made - Offers Not Accepted - Invitation to Other Owners If an owner invited to sell elects
184 not to do so, then the county administrator may send an invitation to sell to the owner(s) of the next
185 highest prioritized parcel(s) remaining on the list of parcels
186 E. Costs If the county council accepts an offer to sell development rights, the county may pay all other
187 costs including environmental site assessments, surveys, recording costs, if any, and other charges
188 associated with closing, However, the county shall not pay expenses or fees incurred by the property
189 owner for independent appraisals or legal, financial, or other advice, or expenses or fees in connection
190 with the release and subordination of liens to the easement purchased by the county. (Ord. 2002 -054
191 § 1),
192 3,23A.1 20 Restriction on bud -back - F..Atin;;uishmenl and e \rhan;e of easements.
193 If circumstances arise that render the purpose of this easement impossible to accomplish, the easement
194 can be extinguished only by judicial proceedings. In the event of such an extinguishment or the taking of
195 the property by the exercise of the power of eminent domain, grantors shall pay to Whatcom County an
196 amount determined by subtracting the fair market value of the property subject to this easement from the
197 fair market value of the property unrestricted by this easement, at the time of extinguishment or
198 condemnation if Whatcom County is not compensated for its property interests at the time of the
199 extinguishment or condemnation. Other details regarding restrictions on buy -back or extinguishment as
200 may be deemed necessary shall be contained in the PDR program guidelines, and/or the easement deed
201 (Ord 2013 -015 Exh. A, Ord. 2002 -054 § 1).
202 3.25A.130 Authorization.
203 A. The county is hereby authorized to acquire development rights from lands described and prioritized in
204 WCC 3.25A.080. Such acquisition may be accomplished by purchase, gift, grant, bequest, devise,
205 covenant or contract but only at a price which is equal to or less than the appraised value determined as
206 provided in this chapter and the PDR program guidelines.
207 B. If the owner so elects, the county is authorized to pay the purchase price in a lump -sum single
208 payment at time of closing, or to enter into contract for installment payments against the purchase price.
209 When installment purchases are made, the county is authorized to pay interest on the declining unpaid
210 principal balance at a legal rate of interest consistent with prevailing market conditions at the time of
211 execution of the installment contract and adjusted for the tax - exempt status of such interest.
212 C. After county acquisition of development rights, the county may purchase the remaining agricultural,
213 forestry, or acosysten) - rights or other property interests in such land only when requested by the owner
214 and when such acquisition is necessary to maintain agricultural, iorestry, or ecosystem uses of the
215 property. (Ord. 2002 -054 § 1).
EXHIBIT B
Whatcom County
Agricultural, Forestry, and Ecological
Purchase of Development Rights
PROGRAM GUIDELINES
Revised version adopted April 9. 2013,
Second revision adopted XX, 2018
[this page is intentiona[ly blank]
TABLE OF CONTENTS
I. INTRODUCTION .......................................................................................... ............................... .................A
H. PDR PROGRAM OBJECTIVE AND PRINCIPLES .......................................................... ..............................2
Ill. ELIGIBILITV CRITERIA ................................................................................................... ..............................4
IV. SITE SELECTION CRITERIA ............................................................................................ ..............................5
V. OVERVIEW OF PDR PROGRAM PROCEDURES ......................................................... .............................10
VI. CONSERVATION EASEMENTS ...................................................................................... .............................13
VII. OPERATIONAL PROCEDURES FOR ACQUIRING PDR EASEMENTS ................ .............................15
VIII. CONSERVATION FUTURES FUND ............................................................................. .............................21
APPENDIX A - AGRICULTURAL PRIORITY AREAS ....................................................... .............................23
APPENDIX B -- FORESTRY PRIORITV AREAS ................................................................... .............................24
APPENDIX C - ECOLOGICAL PRIORITY AREAS ............................................................. .............................25
APPENDIX D - MAJOR ROADS .............................................................................................. .............................26
APPENDIX E - SOILS LIST ........................................................ ............................... ...... ..................... .27
APPENDIX F - MODEL CONSERVATION EASEMENT .................................................... .............................31
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
................................... r. .................................................. .. ................................................................. ...............................
I. INTRODUCTION
These Program Guidelines are authorized under WCC Title 3.25A and serve as rules and
procedures for administering the Whatcom County Agricultural, Forestry, and Ecological
Purchase of Development Rights (PDR) Program.
The Guidelines serve two functions:
A. To provide an overview of the land preservation process for the property owner.
Specifically, this information can be found in Section V.
B. To establish the rules and operational procedures that the PDR Oversight Committee and
the Administrator must follow when operating a Purchase of Development Rights
program.
Revised and adopted, XX, 2018 Page 1
ti. PDR PROGRAM OBJECTIVE AND PRINCIPLES
Responding to the loss of County farmland, the Whatcom County Executive initiated the
development of a Purchase of Development Rights (PDR) program in September of 2001. A
PDR Advisory Committee comprised of farmers, citizens and conservation organizations was
formed and tasked with assisting County staff in the development of a proposal for County
Council consideration. The Purchase of Development Rights Program was enacted through
Ordinance 2002 -054 in September of 2002.
Since that time Whatcom County continues to experience a rapid development rate. Responding
to the continued loss of agricultural land and of other land types such as forest resource lands and
areas of ecological importance, these program guidelines have been updated accordingly.
A. Objective
The primary objective of the Whatcom County Purchase of Development Rights
Program, in conjunction with other tools, is the protection of farmland. The secondary
objective of the PDR Program is the protection of forestland and areas of ecological
importance. The Whatcom County Purchase of Development Rights Program will help to
sustain the farming and forestry enterprises as well as support healthy ecosystem function
throughout Whatcom County.
B. Principles
The PDR Program provides a strategic tool to protect County farmland, forestland, and
areas of ecological importance.
1. Preserve the County's Agricultural lands, Forestlands and Areas of
Ecological Importance
Encourage the protection of a critical mass of agricultural and forestry land to
sustain the farm - related and forestry- related businesses and activities that are
necessary to support the agricultural and forestry industries in Whatcom County.
Additionally the Program will encourage the protection of areas of ecological
importance necessary to sustain ecosystem health and function.
The primary PDR Program emphasis will be:
a. Reduce conversion of land to non - agricultural uses within the Agricultural
District;
b. Provide a buffer to discourage encroachment into the Agricultural District;
C. Consolidate and protect areas of agricultural land; and
d. Protect agricultural lands located outside the Agricultural District that are
under increased pressure of development.
The secondary PDR Program emphases will be:
a. Reduce conversion of land to non - forestry uses within the Forestry
Districts;
b. Provide a buffer to encroachment of the Forestry Districts;
C. Consolidate and protect areas of forestry land;
Revised and adopted, XX, 2018 Page 2
d. Address commercially significant forestry lands outside the Forestry
Districts that are under pressure of development.
e, Protect areas of ecological importance and support and enhance ecosystem
functions within agricultural and forestry lands;
h. Improve and support habitat connectivity and protection of critical habitat
corridors,
2. Offer Effective Program Design
Maintain a voluntary tool for the preservation of productive agricultural and
forestry lands, as well as areas of ecological importance in the County that will:
a. Provide farmers and foresters with the market based economic value for
agricultural and forestry land without selling the land;
b. Provide property owners with the market based economic value for areas
of ecological importance without selling the land.
C. Support and promote ongoing agricultural and forestry activities by
offering an attractive option for farmers, foresters, and landowners;
d. Support and promote ecosystem function by offering an attractive option
for landowners; and
e. Provide for ongoing monitoring and enforcement.
3. Leverage Program Impact and Efficiency
Enhance and support a coordinated approach to the preservation of the agricultural
and forestry lands, as well as areas of ecological importance that will:
a. Create community support for agricultural and forestry preservation
initiatives;
b. Create community support for the protection of areas of ecological
importance;
C. Complement and foster other County programs and policies to preserve
farming and agricultural lands;
d. Complement and foster other County programs and policies to preserve
forestry and forestry lands;
C. Complement and foster other County programs and policies to enhance
ecosystem function and protect areas of ecological importance; and
C. Leverage other public and private funding sources and provide or increase
property owner incentives and program effectiveness.
III. ELIGIBILITY CRITERIA
A. Priority Consideration
Areas around the county have been identified to receive priority consideration for PDR
Program participation.
Agricultural priority areas (Appendix A) include a combination of the twelve initial PDR
Target Areas, Ten Rural Study Areas, Watershed Improvement District areas, in addition
to the lands within the Agriculture Zone. Preservation of these areas protect designated
agricultural lands and can establish a perimeter of PDR farmlands to protect against
development encroachment into large blocks of agricultural lands. These lands, due to
their soils, land use, and proximity to core agricultural areas, are deemed priority
farmlands for program participation due to their vulnerability for conversion to non-
agricultural uses.
Forestry priority areas (Appendix 13) include lands located within the Rural Forestry zone
and areas designated by the Washington State Department of Natural Resources as being
priority for protection from conversion under Washington's Forest Action Plan.
Ecological priority areas (Appendix C) include lands containing a mapped Habitat
Conservation Area or within 165' of habitat conservation feature. This includes fish
bearing streams, areas identified under the Washington State Department of Fish and
Wildlife's Priority Habitats and Species, and the Chuckanut Wildlife Corridor.
Additionally the mapped FEMA Floodplain and Flood Hazard areas have been included
in addition to a 300' buffer of the Historic Meander Zone.
B. PDR Program Eligibility
Two factors will be important in determining eligibility:
1. Availability of funding to expand the program and
2. Advancement of PDR Program objectives. Priority lands will continue to receive
preference over other lands through weighted selection criteria.
All applicants for PDR Program participation must be within an Agriculture, Rural,
Rural Residential, or Rural Forestry zoning designations. Properties located in
Urban Growth Areas arc ineligible to participate in the program, unless
coordination with cities is a component of an application.
Applications received on parcels smaller than 10 acres may not retain any
development rights.
Revised and adopted, XX, 2018 Page 4
IV. SITE SELECTION CRITERIA
All valid applications will be reviewed to determine if the acquisition of development rights will
promote the PDR program's goals and priorities. Selection criteria have been developed to guide,
but not control, the review and assessment of eligible properties during selection.
Valid and accepted offers on eligible properties of greater points shall be considered for purchase
with available funds before properties receiving lower scores. The criteria, which will be used to
evaluate the applications, are outlined below.
Rating instructions: The selection criteria allow for a score of up to 100, with all five criteria
.sections assessed. Each criteria section is rated and assigned a point value. Then each section is
assigned a weight factor. The five weight.factors add up to 1.0. When total point values.for a
section are multiplied by the weight factor, a score will be reached for that section. The total of
the 5 section scores result in the final applicant score. Slajjperforms the ranking, with review
and adjustment by the PIER Oversight Committee,
1. Site Evaluation
The points for each criteria are based on a 100 point scale. I ligher points are given to site
characteristics that are more desirable, such as parcel size, characteristics that reflect a
site's threat of conversion, and characteristics that make a site more desirable to farming,
such as available water rights.
A. Total size of parcel(s) (nominal acres)
a. 0 — 10 ....................................... ............................... 0 points
b. 10 — 20 ................................... ............................... , . 15 points
c. 20- 49. 9 ...................................... ............................... 30 points
d. 50-79.9-- ............................................................... 70 points
e. >80 ..... . ................................... ............................... 100 points
B. Number of existing development rights offered under current zoning
a. 1- 2 .......................................... ............................... 20 points
b. 3.. . . .................... ...... -- ......................................... 40 points
c. 4 ............................................. ............................... 60 points
d. 5 ............................................. ............................... 80 points
e. >/= 6 ......................................... ............................... 100 points
C. Adjacent land is conserved by easement or other means (Whatcom Land Trust, NRCS
CREP Program, or owned by a municipality or NGO)
a. >1 mile ..................................... ............................... 0 points
b. % to 1 mile ................................. ............................... 25 points
c. '/4 to '' /z mile ................. — ............... .............................50 points
Revised and adopted, XX, 2018 Page 5
d. <'/4 mile ... . ................................ ............................... 75 points
e. Adjacent .................................... ............................... 100 points
D. Percent of parcel actively farmed
a. 0 -25% .......................... ...............................
. ........... 25 points
b. 26 -50% .... , .. . . ..........................
............................... 50 points
c. 51-75% ............................
. . . . .... ............................... 75 points
d. >75% ........... ...............................
............................100 points
E. Number of legal lots oI'record
a. 0- 2 .......................................... ............................... 20 pts
b. 3. ........... . ................................ ............................... 40 pts
c. 4............ ................................. ............................... 60 pts
d. 5 ............................................. ............................... 80 pts
e. >1= 6 .................................... ............................... 100 pts
P. Legal water availability documentation
a. Certified Water Right /Access to public water ........................ 100 pts
b. Water Claim or documented water use .............................. . 50 pts
c. No Water documentation or legal water access ..... . ........... . . .. 0 pts
G. Proximity to major roads or road intersections
(For purposes of'this evaluation, "major roads" means roads with a daily traffic
volume of 3, 000 or more trips. A list of roads currently meeting this definition is
included as Appendix D to this report.)
a) Property is at an intersection of major roads ........... . ...... 100 Points
b) Property is within 1,500 feet of the intersection
of two major roads .................. ............................... 75 Points
C) Property fronts on a major road .............. . ................... 50 Points
d) Property is within 2,500 feet of a major road .................. 25 Points
H. Threat of Conversion/Parcelization
Total Number of Parcels in surrounding '/4 mile
a) Less than 20 parcels ............. ............................... . ....... 50 Points
b) 20 — 50 parcels ........................... ............................... 100 Points
c) 50 — 100 parcels .......................... ............................... 50 Points
d) more than 100 parcels ................... ............................... 0 Points
Once a point value for the section is determined, it is multiplied by a weightfactor to
indicate the importance (weighted factor for Site Evaluation .section has been 0. 35, but is
subject to ongoing review by the Committee).
2. Land Evaluation
Productive farming, forestry and associated activities depend on soil capability (the suitability of
soils for most types of field crops and /or timber production). Therefore, emphasis should be
placed on the property's soil characteristics. The scoring system uses the NRCS Prime Farmland
classifications, LF,SA classifications and APO soils classifications, including classification of
soils of statewide importance as well as consideration given to site index score for forest soils.
Highest points are assigned to better agricultural soils and lower points to poorer agricultural
soils. Forest soils also receive additional points. Points are assigned based on the productivity
and /or characteristics of the soil (profile, texture, slope, other). A soils chart is included as
Appendix D. If soil has a site index rating and a prime soil rating, the rating with the highest
number of points will be applied.
Below is a table detailing the soil point system:
1
100
90
0
0
2
95
85
0
0
3
90
80
0
0
4
85
75 -
0
0
No Rating
80
70
50
0
1
0
0
0
60
2
0
0
0
50
3
0
0
0
40
4
0
0
0
30
5
0
0
0 1
20
Farm applications receive points for this section proportional to the percentage of each soil type
that exists on the property. An example of how this would work follows: A farm under review is
40 acres, of which 29.79 acres (about 75 %) is soil 179- Whatcom Silt Loam 4 -9% slopes, which
is classified as LF,SA 4, APO Prime l; and 10.21 acres (about 25 %) is soil 180 - Whatcom Silt
Loam 9 -15% slopes, which is not classified as APO or Prime, but is a soil of Statewide
Importance. This farm would score a total of 76.07 points for this Section, as shown:
A
B
C
D
E
f
G
H
I
J
K
Soil #
Area (in
% (B/Total
APO
Prime
LESA
Prime
Statewide
Site
score
acres)
area)
Soil
1- 6?
Rating
Rating
Soil
Index
Points
(j *C)
179
29.79
74.48%
Y
Y
4
1
0
2
85
63.30
180
10.21
25.531M
N
N
0
0
yes
2
50
12.76
Total area
40
76.07
Once a point value fir the section is determined, it is multiplied by a tiveight factor to
indicate the importance (weighted factor, for Land Evaluation section has been 0. 35, but
is subject to ongoing review by the Committee).
Revised and adopted, SX, 2018 page 7
3. Ecological Evaluation
The Washington State Department of Ecology Watershed Characterization report has
identified recommendations for addressing water flow processes within sub - watersheds.
A. Protection (Overall importance to Water flow processes)
a. Highest protection . .. . . ......... . ...... . .. , ... , ..... , ............................... 100 pts
b. Protection .............................................. ............................... 75 pts
c. Protection / Restoration ............. ............................... . . . .............. 50 pts
d. Conservation (no change)........... _ ............... . . .......... . ................. 25 pts
B. Water Flow Restoration — Is property owner willing to restore ecosystem processes
beyond the minimum required practices?
a. Yes..... . ...... ..... ........ ............................... ... 50 pts
b. Maybe /No .............. ... ............................... ....................... 0 pts
C. Site contains conservation values (viewsheds, wetlands, notable wildlife habitat, other
critical areas)
a. Yes ........................................._...........,.. ............................... 50 pts
b. No ................ ............................... ...............,............... 0 pts
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Ecological Evaluation section has been
0. 10, but is subject to ongoing review by the Committee).
4. Special Considerations
A. Site contains heritage /historical significance, i.e. Heritage Barn Registry
1. Yes... . ........................ ........................................ .... _.. 50 pts
2. No .................................... ............................... . . ..........O pts
B. Bargain Sale Opportunity below market value
1. 91 % -Full Value . ............................... , ............................... 0 pts
2, 71 % -90% ....................................... ............................... 33 pts
3. 50 % -70% .......................... .,....,.. ............................... 66 pts
4. < 50% Full Value ............................... ............................... 100 pts
C. Removal of all remaining development rights?
1. All removed ............................................ ............................... 100 pts
2. Development rights remaining ................................................. 0 pts
D. Is located within a priority area:
a. In priority area ................... . . ..... ............................... , ...........100 pts
b. Not in a priority area ................... ............................... - - - - - - - - - _ 0 pts
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Special Considerations Points section has
been 0. 10, but is subject to ongoing review by the Committee).
Revised and adopted, XX, Z018
5. Matching Funds Secured
1. 100% secured ............... . .................. ............................... 100 pts
2. 75% secured ................................... ............................... 75 pts
3. 50% secured ................................... ............................... 50 pts
4. 25% secured ......... . ......... . ...... . ........ ............................... 25 pts
5. 0% secured .................................... ............................... Opts
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Bonus Points section has been 0. 10, but is
subject to ongoing review by the Committee).
6. Final Score
The points for each section are added up and multiplied by a weight factor, which
indicates the importance that is placed on a particular characteristic. The weighted scores
are then added to provide an overall score (0 -100). The higher the score, the more
closely the property meets the goals of the program and hence is a higher priority for
purchase and preservation. Properties which score less than 40 (forty) points will not be
recommended for program participation. The PDR Oversight Committee retains the
ability to add or subtract up to 5 points on any application. A write -up of committee
opinion will be included in all council proceedings.
Revised and adopted, XX, 2018 Page 9
V. OVERVIEW OF PDR PROGRAM PROCEDURES
A. Outreach and Publicity
Step 1: The County shall annually give notice in one newspaper of general circulation in
each area where eligible lands are located which may be acquired, The notice shall
include the properties eligible to participate, the application process and applicable
timeframes and extensions.
The Administrator may identify each property with potential development rights
within priority consideration areas and provide written notification to the property
owners.
B. Application and Ranking
Step 2: Voluntary pre - application screening. Interested property owners may meet with
the County PDR Program Administrator (Administrator) to review their eligibility
and special circumstances, if any.
Step 3: Application. An owner of land eligible for PDR Program participation submits and
application for County acquisition of property or development rights. The
application must be submitted on the form provided by the County. I,ot of Record
application must be submitted simultaneously unless determination has already
been completed.
Step 4: Lot of Record /Density Determination. An owner of land eligible for PDR
Program participation submits a Lot of Record application and signs a Letter of
Intent that states that payment for this service must be made upon closing of the
easement or should the applicant wish to withdraw their application. This
application determines legal status of lots being considered and determines that
number of development rights remaining on said lots. PDR Program application
may be submitted simultaneously.
Step 5: The Administrator reviews each application for completeness, determines if the
subject property meets minimum eligibility criteria and assigns a preliminary
score based upon the PDR site selection criteria.
Step 6: The PDR Oversight Committee reviews PDR Program applications and
recommends proposed development rights acquisition utilizing the selection
criteria. Recommendations for development right acquisition are prepared and
forwarded to County Council to approve, deny, or recommend modification.
Step 7: The Administrator estimates the number of appraisals that can be initiated based
on available funds and chooses the top ranked parcels from the County Council's
list of parcels. The property owner is notified in writing of eligibility status.
Revised and adopted, XX, 2018 Page 10
Step 8: Property owners disputing their ranking may request a reconsideration of their
ranking to the PDR Oversight Committee within 14 days after receiving written
notice. The Committee shall review the reconsideration request at the next
regularly scheduled meeting, Special consideration will be given if applicant
modifies the original offer to include a bargain sale. The PDR Oversight
Committee may, at its discretion, change the site's rank, recommend the site for
subsequent consideration, or deny the request.
C. Title
Step 9: The Administrator initiates a title search. Closing is conditioned on the resolution
of all unapproved title exceptions, within the County's sole discretion, which may
require the receipt of subordination agreements or payoff letter.
D. Pricing Estimate and Appraisal
Step 10: The Administrator or designee provides preliminary estimate of value, and notifies
the property owner of an estimated range of value within which the appraisal will
likely fall. The Administrator or designee sends the applicant a letter of intent,
including range of expected value. The letter calls for the signature of property
owner(s), and spells out conditions under which costs for further due diligence and
the lot of record must be reimbursed to the county if the property owner chooses
to withdraw from the program within a specified period of time.
Step 10: The Administrator or designee proceeds to verify assumptions through official
county processes, such as a formal Lot of Record and density determination, and
conduct other due diligence as necessary (such as water rights research and Title
research and clearing).
Step 11: Unless Council and the Executive specifically authorize an alternate approach to
determine value, the Administrator commissions a full appraisal by a County
authorized appraiser to appraise the development rights value of the land proposed
for development rights sale. The development rights value is the difference
between the market value of full ownership of the land, and the agricultural value.
Step 12: The appraiser submits the completed appraisal (or the alternate determination of
value is conducted and submitted) to the Administrator and the Oversight
Committee for their review.
Step 13: The Administrator or designee meets with the property owner to review the
appraisal (or alternate determination of value), state the offer, review the
conservation easement provisions, agreement terms and conditions, and to answer
the property owner's questions.
Step 14: If the property owner believes that the land has not been adequately appraised or
valued, the owner may, within the time allowed in the schedule, commission an
appraisal at the owner's expense.
Revised and adopted, XX, 2018 Page 11
E. Offer to Purchase Easement and Agreement
Step 15: A written offer to purchase development rights based on appraised or determined
value is made to the property owner following budget authorization by the County
Council, and approval by the County Executive.
Step 16: Within 30 days, the property owner accepts, rejects or makes a counter offer.
Counter offers will be reviewed and evaluated by the Oversight Committee and
the County's authorized appraiser.
Step IT Property owners desiring to sell their development rights sign a Purchase and Sale
Agreement.
F. Adjacent Property Owner Notification
Step 18: Neighboring property owners are notified that adjacent land is in the process of
being preserved.
G. Approval
Step 19: Review materials are presented to the County Executive for review and approval,
rejection, or recommendation for modification.
Step 20: Review materials are sent to other participating entities for partially or wholly
funded conservation easements several days prior to any deadline.
I. Settlement
Step 21: Settlement will occur following County Executive approval of transaction terms
and is contingent upon a title search and any other evidence, such as a land
survey, that may be necessary to establish clear title.
Step 22: Payment will be in full at time of settlement unless the County and property
owner agree to an installment sale.
Step 23: Checks are requested from the Finance Manager and settlement is scheduled
within a week or two of approval. Federal or state money is dispersed according to
federal or state regulation.
J. Recording
Step 24: The conservation easement will be recorded at the County Auditor's office. The
County or its designee will monitor the properties under easement at least
annually to ensure compliance with the easement.
Revised and adopted, XX, 2018 Page 12
VI. CONSERVATION EASEMENTS
A. Description
A conservation easement deed is a legally binding document, which is recorded by the
County Auditor, forever restricting the property to agricultural and directly associated
uses, and for which compensation may be paid. As an easement in gross in perpetuity,
restrictions are binding upon the owner and future owners, and run with the land.
B. PDR Program Conservation Easements
At the time of acquisition of development rights from a participating property, a
conservation casement is placed on the property permanently restricting development of
the site and protecting /preserving the agricultural, forestry, and ecological values
associated with the site. The conservation easement must be signed by both the property
owner(s) and the County Executive or his/her designee and recorded with the property
records for the property. A model conservation easement deed is included in these
guidelines as attachment D.
1. Conservation Easement Requirements
Conservation easements shall be on a form approved by the Whatcom County
Prosecuting Attorney and shall meet the following basic requirements:
a. The deed shall be in recordable form and contain an accurate legal
description setting forth the metes and bounds of the area subject to the
easement;
b. Restriction is granted in favor of Whatcom County, or if designated by the
organizations as defined in RCW64.04.130;
C. Restriction is granted in perpetuity, and shall bind existing and future
property owners; and
d. Unless specifically provided for, nothing in the restrictions shall be
construed to convey to the public a right of access or use of the property,
and the owner of the property, his /her heirs, successors and assigns shall
retain exclusive right to such access or use subject to the terms of the
easement.
2. Filing
After the conservation easement is signed and notarized, it must be recorded with
the Whatcom County Auditor's Office.
C. Conservation Easement Conveyance
Conservation easements may be either donated or sold, or a combination of both.
Revised and adopted, XX, 2018 Page 13
1, Conservation Easement Donation
a. A donation of a total parcel will not be subject to eligibility except as
below in section c. Partial parcel donation shall be considered under the
same rule as for development rights sales. Notwithstanding the eligibility
of the property, acceptance of a fee interest or partial donation is within
the discretion of the County Council.
b. Whatcom County will accept voluntary donations or bequests of
development rights as perpetual easements in gross if meeting eligibility
criteria (except priority area criteria) and within the discretion of the
County Council.
C. All properties offered for development rights donation must meet the
following minimum eligibility criteria:
1. The PDR Oversight Committee will consider each offer on a case
by -case basis, considering the property's consistency with current
and future land uses, and
2. The property must be at least 1 acre in size, and
3. Be in agricultural or forestry use or contain ecological values and
has not been irrevocably devoted to a use inconsistent with the
above values,
4. Cannot be located within an Urban Growth Area, unless
coordination with the proximal small city is a component of the
donation.
2. Conservation Easement Sale
a. Whatcom County will purchase perpetual conservation easements on
qualified properties in accordance with the policies and procedures of the
Whatcom County Agricultural, Forestry, and Ecological Purchase of
Development Rights Program, with Federal, State, County, and /or private
funds and any combination thereof.
b. All properties offered for conservation easement sale must meet minimum
eligibility criteria as contained in Section I11.
VII. OPERATIONAL PROCEDURES FOR ACQUIRING PDR
EASEMENTS
A. Outreach and Publicity
Annually, notice shall be published in one newspaper of general circulation. Application
opening and closing dates, if any, will be determined by the PDR Oversight Committee.
The Committee shall have the discretion to consider applications in rounds, or
individually on a rolling basis. If selection deadlines are extended, the committee will
provide public notice of the extension.
B. Application and Ranking
L Property owner(s) voluntarily submits an application(s) to the County. The
application must be submitted to the County on the form provided by the PDR
Program, and according to the relevant public notice. Applicants are to include at
a minimum:
a. Name(s) and address(es) of the property owner(s) of the site;
b. Legal description and parcel number(s);
C. Copy of the property deed and title;
d. "Total acreage of farmland to be included in the PDR Program;
e. Current land use and soils;
f. Number of dwelling units;
g. Description of the farming operation;
h. Other information necessary to evaluate property eligibility;
i. Lot of Record /Density Determination application and payment, or Lot of
Record /Density Determination application and signed Letter of Intent
agreeing to terms of payment at the time of easement closing or upon
withdrawal from program, or completed Lot of Record /Density
Determination; and
j. Acknowledgement of intent to grant to Whatcom County a conservation
easement in a form provided by the County.
2. The Administrator shall review each application to determine completeness and
eligibility.
3. Applications meeting all minimum eligibility criteria shall be evaluated and
scored by the administrator and Oversight Committee according to the site
selection criteria. (See Section IV)
4. The PDR Oversight Committee shall provide the County Council with
information and scoring of properties recommended for conservation easement
acquisition by the committee. County Council shall approve or deny pursuit of
conservation easement acquisitions on the parcels.
Revised and adopted, XX, 2018 Page 15
5. The Administrator shall then arrange appraisals (or alternate determination of
value) of eligible applicant properties as determined by the County Council.
6. The PDR Oversight Committee and Administrator shall provide updates to the
County Council discussing recommended purchases, possible program changes,
and anticipated budget needs.
C. Appraisal
Appraisals for eligible properties shall be conducted to determine the value of
development rights of parcels in the order of acquisition priority until acquisition
funds are expended.
a. The appraisals are to be made by an independent appraiser qualified to
appraise agricultural, forestry, and /or ecological land for development rights
purchases. An appraiser is deemed qualified if he or she possesses a State of
Washington certification as a State Certified General Real appraiser, MAI
designation by the Appraisal Institute (or equivalent), and at least five years
agricultural lands appraisal experience. Appraisers shall supply a narrative or
UAAR form report, which contains information as required by the Uniform
Standards of Professional Appraisal Practice (USPAP), Uniform Appriasal
Standards of Federal Land Acquisition (UASFLA) and as specified in any
contract with the County.
b. An appraisal report is an objective report of market facts. The appraisal report
must estimate both the unrestricted fee market value of the land only,
excluding the value of buildings, and the agricultural value of the land only, of
which the difference is the development rights value.
c. Both values shall be based primarily on an analysis of comparable sales. If
comparable sales data is not available for agricultural lands, the appraiser may
use local farmland rental values or capitalized production values to determine
the agricultural values of the land.
A description of the buildings or other improvements shall appear in the
appraisal report; however, the buildings will not be valued and therefore will
not be considered in determining the development rights value.
e. The appraiser shall report whether the subject property has any land use
restrictions, public or private and/or physical attributes, which limit the
developmental capability of the land.
f. The appraiser shall be advised that conservation easements are perpetual. The
perpetual nature of the easement shall take precedent over any agricultural
zoning status.
g. The appraisal shall be in writing and may be discussed with the owners prior
to the submission of written offers.
[zcvised and adopted, XX, 2018 Page 16
If the property owner believes the property has not been adequately appraised,
the owner may, within the time allotted, request that a review appraisal be
made at the owner's expense. This appraisal must be completed in accordance
with the guidelines set forth herein. If the review (owner's) appraisal is not
completed within the allotted time, the application will be delayed for future
committee consideration. If a review appraisal is completed, the appraisals
will be reviewed by the County's Appraiser. The County's Appraiser in
consultation with the Program Administrator and the PDR Oversight
Committee will accept, modify or reject the review appraisal. The
determination of the County's Appraiser is final.
i. The maximum value of development rights purchased by the County shall be
no more than the easement value contained in an appraisal report. The
easement value is the difference between the farmland's value before and after
the voluntary conservation easement.
1 Council and the Executive may specificall y
determine value in accordance with state
conditions of that approach would substitut
forth in C.1., above.
D. Title and Survey Issues
authorize an alternate approach to
and local laws, in which case the
e for the appraisal guidelines as set
The Administrator shall request a title report confirming that applicant is the
owner of the property and has unrestricted legal right to transfer the development
rights (i.e. there must be clear title to transfer the property). The title report will be
provided to the County Attorney for review.
2. All encumbrances (including but not limited to: liens, mortgages and judgments)
against the property must be subordinated, satisfied or removed prior to
development rights acquisition. Mortgage and /or lien holder subordination and
releases may be required acknowledging that a conservation easement will be
placed on the property and subordinating their interest in the property to the deed
restriction.
At settlement for a County or joint development rights purchase, the PDR
Oversight Committee or applicant shall provide a title insurance policy issued by
a title insurance company authorized to conduct business in Washington State by
the Washington State Office of Insurance Commissioner. The cost of such title
insurance shall be a shared cost, with the county's portion considered a cost
incident to the development rights purchase and a reimbursable expense from the
County's Conservation Futures Fund.
4. It is the property owner's responsibility to survey (or provide a legal description
that meets specific standards) any exceptions from the easement and any
graveyards or cellular towers that may be located on the property. It is the
property owner's responsibility to provide a legal description for any commercial
operation on the farm that is not incidental to the overall farming operation, in
order to exclude it from the easement. Surveys shall be conducted by a licensed
surveyor in accordance with state and federal regulations.
E. Development Rights Value and Purchase Price
1 . The maximum value of development rights purchased by the County shall be no
more than the easement value contained in an appraisal report. The easement
value is the difference between the land's value before and after the voluntary
conservation easement.
Development rights may only be purchased in perpetuity.
F. Recommendation of Development Rights Purchases by the PDR Oversight
Committee
The PDR Oversight Committee, in making recommendations concerning
applications and purchase offers, shall consider the following:
a. Evaluation according to the site selection criteria
b. Consistency with County Comprehensive
C. Cost relative to total allocations and appropriations
d. Proximity to other land subject to protection easements
2. Upon receiving the recommendations of the PDR Oversight Committee and the
Administrator, the County Executive shall review the recommendations and shall
take final action to authorize or deny proposed purchase terms and offers,
consistent with authorization by the County Council.
3. If a property is approved for development rights purchase, the Administrator will
meet with the property owner and review the terms, conditions and amount of the
County's offer. A written offer will be provided to the property owner. Written
notice shall also be provided to land not approved for development rights
purchase.
4. Within 30 days of receipt of a written offer from the County an applicant must
indicate in writing which of the following actions they intend to pursue:
a. Acccpt the offer.
b. Reject the offer.
1. Reject offer outright
a. no further action
b. participate in future review
2. Submit a counter offer within 90 days of written notice of offer by
the County.
C. Failure to notify the County within 30 days shall constitute rejection of the
offer.
Revised and adopted, XX, 2018
5. If the offer is accepted, the Administrator shall prepare a Purchase and Sale
agreement. USDA or Stale Funds must be paid as lump sum. The method of
payment shall be specified from the options listed below:
a. Lump Sum
b. Installment Purchase Agreement (IPA)
C. Like -Kind Exchange
d. Or a combination of the above
6. For development rights purchase utilizing the Installment Purchase Agreement
(IPA) program, the County Council at settlement shall provide an opinion of legal
counsel that the County's obligations to make installment payments of principal
and tax - exempt interest over time are legal, valid, and binding. And that such
payments are a general obligation of the County for which its full faith, credit, and
taxing power are pledged. Interest paid by the County is exempt from federal
income taxes.
7. All Agreements of Sale and Conservation Easements require the County
Council's approval.
G. Grant of the Agricultural, Forestry, and /or Ecological Protection
Conservation Easement
Before the purchase of development rights can be finalized, a conservation easement in a
form approved by the County Attorney and consistent with the policies of the PDR
Program Guidelines, must be placed on the property permanently restricting development
of the site and preserving its agricultural, forestry and /or ecological values.
The principal interest of the County is to ensure that lands are preserved and subsequently
stewarded in a manner that maintains and enhances their farmland, forestland, and /or
ecological values. There may be some instances where there is a public interest in another
public entity or non - profit organization to hold the conservation easement, for continued
stewardship and protection of the land. The County will consider:
The preferences of the donor or seller;
2. Administrative, monitoring, and enforcement issues associated with the
conservation easement and the resources available to address these issues;
3. Requirement of Federal, State or County funding sources utilized to purchase
development rights.
H. Development Rights Purchase Recommendations /Submission Requirements
County Council: Each recommendation for development rights purchases with
County funds, State finds, Federal funds, private donor funds or a combination of
funds shall be presented to the County Council at a regularly scheduled public
meeting.
Letters of Notification: Letters of notification for development rights purchases
will be sent to adjoining property owners by the Administrator.
Revised and adopted, XX, MIS Page 20
VIII. CONSERVATION FUTURES FUND
A. Intent
This fund was established in 1992 to be used solely to acquire right and interests in open
space land, farm and agricultural land, and timber land, so as to protect, preserve,
maintain, improve, restore, limit the future use of, or otherwise conserve the property for
public use and enjoyment.
B. Fund Sources
This Conservation Futures Fund is funded by a real property tax applied to all real
property within Whatcom County at a rate determined by the county administration and
county council.
C. Fund Source Accounts
Council shall annually consider an allocation of Conservation Futures Fund to be placed
in a Purchase of Development Rights Account.
D. Installment Payment Fund
The intent of installment payment funds, which are established by the County, is
to encumber and invest committed funds for which recipient property owners have
elected annual installment payments for a period, which may vary according to the
wishes of the property owner.
2. The full consideration of any transaction for which installment payments of five
years or less have been elected shall be placed in the fund, less the amount of any
first installment to be paid at settlement. This amount shall be invested and annual
installment payments shall include the interest accrued.
3. Annual installment payments shall be made on or before January 20th of each
year.
4. A property owner may enter into an Installment Purchase Agreement for fifteen
(15) to thirty (30) years at an interest rate to be negotiated between the property
owner and the County. The property owner will receive semi - annual interest
payments that are tax exempt. Principal will be paid in one lump sum at the end of
term. The property owner will also receive a security representing the Installment
Purchase Agreement. The property owner may sell or assign this Agreement.
Revised and adopted, XX, 2018 Page 21
E. Public Expenditures
All public expenditures from the Conservation Futures Fund are subject to
approval by Whatcom County Council and will be made in accordance with
approved disbursement procedures.
2. Expenditures from the PDR Program Account shall be limited to interests in
qualified agricultural, forestry, and /or ecological land participating in Whatcom
County's Agricultural, Forestry, and Ecological Purchase of Development Rights
Program, and other expenses necessary to the acquisition of conservation
easements authorized under RCW 84.34.200 -.240.
3. The annual appropriation to the PDR Program by the County Council shall be
available for the calendar year in which the appropriation was made and or the
subsequent calendar year.
Revised and adopted, XX, 201B page 22
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APPENDIX E
Soils List
Soil
#
1
Soil Name
ANDIC CRYOCi IREPTS - 60 TO 90 % SLOPES
APO
y/n
N
LESA
Group
0
PRIME
STATEWIDE
IMPORTANCE
Site
Index
0
2 _
ANDIC CRYOCI IREPTS -ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES
N
0
0
3
ANDIC XEROCHREPPS - 60 TO 90% SLOPES
N
0
0
3
4
ANDIC XEROCHRBPTS -ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES
N
0
0
3
5
ANDIC XEROCI IREPTS -COOL ROCK OUTCROP COMPLEX -60 TO 90% SLOPES
N
0
1 0
4
6
BARNESTON GRAVELLY LOAM - 0 TO 8% SLOPES
N
0
0
2
7
BARNESTON VERY GRAVELLY LOAM - 8 TO l5% SLOPES
N
0
0
2
8
9
BARNESTON VERY GRAVELLY LOAM - 15 10 30% SI,OPI'S
BARNESTON VERY GRAV}.:I.1,Y LOAM - 30 TO 60% SLOPES
N
N
0
0
0
2
0
2
10
BARN FIARDT GRAVELLY LOAM - 0 TO 5 % SLOPES
N
4
4
3
11
12
BI-11INGHAM SILTY CLAY LOAM - 0 TO 2 % SLOPF,S
BIRCI MAY SIUF LOAM - 0 TO 3% SLOPES
N
y
0
1
2
1
3
13
BIRCH RAY SILT LOAM - 3 TO 8% SLOPES
Y
1
1
3
14
BIRCHBAY SILT LOAM - 8 TO 15% SLOPES
N
0
0
0
yes
3
15
16
17
18
19
20
BLAINEGArF. SIL FY CLAY - 0 10 1% SLOPES
BLA[NEGATE -URBAN LAND COMPLEX - 0 TO 1% SLOPES
BLETHEN GRAVELLY LOAM - 5 TO 15% SLOPES
BLUNIEN GRAVELLY LOAM - 15 TO 30 % SLOPES
BLETHEN GRAVELLY LOAM - 30 TO 60 % SLOPES
BLETHEN VERY BOULDERY LOAM - 5 TO 40% SLOPES
N
N
N
N
N
N
0
0
0
0
0
0
0
0
yes
3
0
yes
3
0
3
0
3
21
BOROSAPRISTS - 0 TO 2 °io SLOPES
N
0
0
22
BR[SCOT SILT LOAM DRAINED - 0 TO 2% SLOPES _
Y
3
5
23
BRISCO"[ ORIDIA AND SUNIAS SOILS - 070 2% SLOPES
N
0
5
2
CJ [UCKANU F LOAM - 3"1'0 8% SLOPES
N
0
1
25
CHUCKANUT LOAM- BEDROCK SUBSTILATUM - 5T0 15% SLOPES
N
0
0
yes
2
26
CHLICKANUT LOAM- BEDROCK SUBSTRA "CUM - 1570 30% SLOPES
N
0
0
yes
2
27 ~
CT[UCKANUT LOAM- BEDROCK SLIBSTRATLIM - 30 TO 60% SLOPES
N
0
0
2
28
CHLICKANUT- SHALCAR COMPLEX - 0 TO 15% SLOPES
N
0
0
yes
2
29 s
CI ILJCKANLJT- LJRBAN LAND COMPLEX - 5 TO 20 % SLOPES
N
0
0
2
30
CLENDE.NEN GRAVFLLY SILT LOAM - 5 TO 30% SLOPF-.S
N
0
0
31
CLIPPER S1LI LOAM - DRAINED - 0 TO 2% SLOPES
Y
2
2
32
COMAK SIL F LOAM - 5 TO 15% SLOPES
N
0
0
yes
2
33
COMAR SILT LOAM - 15 TO 30 % SLOPES
N
0
0
0
yes
2
34 COMAR SiL F LOAM - 30 FO 60% SLOPES N 0
2
35
CRINKER VERY C[ IANNERY SILT LOAM - 30 TO 60% SLOPES
N
0
0
36
CUPPLES GRAVF'.LI.Y LOAM -5 T0 30 %SLOPES
N
0
0
2
37
CUPPLESGRAVELLY LOAM -30 TO 60% SLOPES
N
0
0
2
38
DF.KAPEN LOAM - 8 TO 25 % SLOPES
N
0
0
3
39
DEMING GRAVELLY SILT LOAM - 5 TO 30 % SLOPES
N
0
0
40
DEMING GRAVELLY SIL. F LOAN[ - 30 TO 60% SLOPES
N
0
0
41
DIOBSUD GRAVELLY SILT LOAM -30 TO 60 %n SLOPES
N
0
0
42
EDFRO VERY GRAVELLY SILT LOAM - 8 TO 30% SLOPES
N
0
0
W
43
EDFRO VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
Revised and adopted, XX, 2018 Page 27
44
EDFRO VERY STONY SILT LOAM - 30 TO 60% SLOPES
N
0
0
45
EDMONDS- W'OODLYN LOAMS - DRAINED - 0 1 -0 2% SLOPES
Y
3
3
46
ELIZ,A SILL' LOAM - DRAINED - 0 TO 1% SLOPES
N
0
0
47
ELIZA- TACOMASILT'LOANIS -0TO1 %SLOPES
N
0
0
48
EVERETT GRAVELLY SANDY LOAM -IIARD SUBSTRATUM - 2 1 0 8% SLOPES
N
0
0
3
49
EVERETT VERY GRAVELLY SANDY LOAM - 8 TO I;9 /„ SLOPES
N
0
0
3
50
LVEREL'Z VERY GRAVELLY SANDY LOAM - 15 TO 35 %n SLOPES
_ N
0
0
3
51
EVERETT COMPLEX - 2 TO 8 %n SLOPES
N
0
0
3
52
EVE -:RETT- UR13AN LAND COMPLEX - .5TO20 %SLOPES
N
0
0
3
53
EVERSON SILT LO.AN[- DRAINED - 0 TO 2 % SLOPES
FISHTRAP MUCK- DRAINFD - 0 TO 2 % SLOPES
GALLUPSILI LOAM - 30T060 %SLOPES
GALLUP SIL. I LOAM - 60 TO 80 %,
N
2
54
55
56
Y
3
2
N
0
0
N
N
0
0
0
0
57
GALLUP SILT LOAM -COLD - 30 1'O 60% SLOPES
58
GALLOP SILT LOAM -COLD - 60 1'0 80% SLOPES
N
0
0
59
60
61
62
63
64
65
66
GETCHELI, LOAM - 3 -1.0 30% SLOPES
GF:1 CI -FELL LOAM - 30 TO 60% SLOPES
HALF SIL1 LOAM - 0 TO 2% SLOPES SLOPES
HALE SILT LOAM - DRAINED - 0 TO 2% SLOPES
HALLENTONSILI LOAM- DRAINFD - 0101 %SLOPES
FIANNEGAN VERY GRAVELLY LOA\A - 15 T040% SLOPES
HARTNIT SILT LOAM -COLD - 5 TO 30% SLOPES
N
0
0
0
N
0
N
0
2
2
2
4
4
Y
2�
N
0
N
0
0
N
0
0
HARTNILSILT LOAM -COLD -30 TO 60% SLOPES
N
0
0
67
HAR I NlT -GAI LI1P -ROCK OUTCROP COMPLEX - 50 TO 80°r SI OPF,S
N
1 0
0
68
l IEISLER VERY GRAVELLY SILP LOAM - 8 TO 30 %
N
0
0
2
69
70
71
72
73 _
IIEISLERVERYGRAVELLYSII:LLOAM- 301 - 060 %SLOPES
N
0
0
2
HINKFR VERY CFIANN17RY SILT LOAM - s TO 30% SLOPES
N
N
0
0
111NKLR VERY CHANNFRY SILT LOAM - 30'1'0 60% SLOPES
0
0
0
0
HISTOSOLS- PONDED - 0 TO I% SL.OPES _
N
0
HOVDE SIL I' I,OAM - 0 TO 2% SLOPES
N
0
74
HOZ.OME.LN GRAVELLY LOAM -20 "1045 %SLOPES v
N
0
0
75
HYDRAQIIENTS- TITAI. - 0 TO 1% SLOPES
N
0
1 0
76
J.ACKMAN GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
_
77
JORGENSEN GRAVELLY SIL I LOAM - 3 TO 15 % SLOPES
N
0
0
78
JUG VERY GRAVELLY LOAM - 3 TO 15% SLOPES
KICKERVILLF : SILT LOAM - OTO3 °io SLOPES '
KICK __R VILLE S I L'I LOAM -3 T08 %SLOPES
N
0
0
2
79
Y
2
80
Y
1
2
81
KICK ERVR.LE SILT LOAM - 8 TO 15% SLOPE'S
KICKERVILLF-URBAN LAND COMPLEX -0 TO3%SLOPES
N
N
0
0
Yes
2
82
0
0
2
83
KINDY GRAVELLY SILT LOAM - 8 TO 30 %SLOPES
--
KINDY GRAVELLY SILT LOAM -30 LO 60% SLOPES
KINDY -OSO COMPLEX - 5 TO 40% SLOPES
KLAWATTI VERY GRAVELLY LOAM -30 TO 60% SLOPES
KLAWA'1'1'1 V. GRAVELLY SANDY LOAM- SERPENTINE- IOTO30%u SLOPES
N
-
N
N
0
0
4
84
0
0
4
85
0
0
86
N
0
0
87
N
0
0
0
0
88
KLAWATTI V. GRAVELLY SANDY LOANI- SERPENTINE -10 TO 30 %e SLOPES
N
89
KLAWATTI -ROCK OUTCROP COMPLEX - 60 TO 80% SLOPES
N
0
0
90
KLINE GRAVELLY SANDY LOAM - 2 TO 8% SLOPES
N
0
0
3
91
KULSI IAN LOAM - 5T0 30 % SLOPES
N
0
0
92
KILSI [AN LOAM - 30 TO 60% SLOPES
N
0
0
93
LABOUNPY SILT LOAM - 0'102 %o SLOPES "—
N
4
2
Revised and adopted, XX, 2018 Page 28
04
f. rlBOl: ti 'I'Y$1L "T[,(111A1- 1:: }RallNl:[) OTO2 %SLOPES
N 0
Y 3
2
95 LARUSH SILL' LOAM - 0 TO 3 %u SLOPES
96 LAXTON LOAM - 0 TO 30`%o SLOPES
3
2
Y 1
l
2
97 LAXT'ON LOAM - 3 TO 8% SLOPES
Y 1
I
2
98 LAXTON LOAM - 8 TO 15% SLOPES
-N --o 7
0
yes
2
99 LYNDEN SANDY LOAM
Y 1
4
3
100 LYNDT N SANDY LOAM - 3 TO 7% SLOPES
Y 1
4
3
101 LYNDEN -URBAN LAND COMPLEX - O I'0 5% SLOPES
N 0
N 0
0
0
3
3
102 LYNN WOOD SANDY LOAM - O TO 5'% SLOPES
103 LYNNWOOD SANDY LOAM - 5 TO 20% SLOPES
N 0
0
yes
3
104 MONTBORNE GRAVELLY LOAM - 5 TO 30% SLOPES
N 0
0
3
105 MONTBORNE GRAVELLY" LOAM - 30 TO 60% SLOPES
N 0
0
3
106 MONT BORNE: - RINKER COMPLEX - 30 TO 60% SLOPES
N 0
0
3
107 MT. VERNON FINE SANDY LOAM - O TO 2 % SLOPES
Y 2
3
2
108 NATI LOAM - 5 TO 15 % SLOPES
109 NATO LOAM -- 15 TO 30% SLOPES
110 NA ['l LOAM - 30 LO 60% SLOPES
N 0
0
yes
2
N 0
N J - - -0
0
yes
-- 0
_2
3
III NEPTUNE VERY GRAVELLY SANDY LOAM- 0 TO 3% SLOPES
112 OAKES VERY GRAVELLY LOAM - 8 TO 30% SLOPES
N 0
0
3
N 0
N 0
0
0
2
2
113 OAKES VERY GRAVELLY LOAM - 30 TO 60 %n SLOPES
114 OAKES VERY GRAVELLY LOA,V1 - 60T0 80% SLOPES
N 0
Y 3
0
5
4
115_ ORIDIA SILT LOAM - DRAINED - 0 TO 2% SLOPES
116 _ PANG13ORN MUCK-DRAINED - 0 FO 2% SLOPES
Y 3
2
117 P[CKE'I' 1' -ROCK OUTCROP COMPLEX X - 5 TO 30% SLOPES
N 0
0
4
118 PICKET T -ROCK OUTCROP COMPLEX - 30 TO 60% SLOPES
N 0
0
4
119 PIL.CI LUCK LOAMY FINE SAND - O TO 3% SLOPES
N 0
0
3
120 PITS
N 0
N 0
0
121 POTCIILJ13 LOAM - 8 YO 30% SLOPES
0
122 POTCHUB LOAM - 30 TO 60% SLOPES
N 0
0
123 PUG ET SILT LOAM - DRAINED - 0 TO 2% SLOPES
Y 3
5
124 PUYALLUP FINE SANDY LOAM - 0 TO 2% SLOPES
Y 2
3
2
125 REVEL LOAM - 5 TO 30 %n SLOPES
N 0
0
4
126 REVEL LOAM - 30 TO 60,$ SLOPES
N O
0
4
127 REVEL-WELCOME-ROCK OU TCROP COMPLEX - 30 TO 60% SLOPES
N 0
0
�
128 RINKER VERY CNANNERY SILT LOAM —9 TO 30% SLOPES
N 0
0
3
129 RINKER VERY CHANNERY SIL I' LOAM - 3010 60% SLOPES
N 0
0
3
130 RIVERWASH_
H131
N 0
0
ROCK OUTCROP
N 0
0
132 ROCK OLJTCROP- KULSHAN COMPLEX - 60 TO 90% SLOPES
N 0
0
133 RUBBLE LAND
134 SAAR GRAVELLY SILT LOAM - 5 TO 30% SLOPES
135 SAAR GRAVELLY SILT LOAM - 30 TO 60 % SLOPES
N 0
0
N 0
0
N 0
0
136 SAAR- HARTNITCOMPLEX -5 TO 40% SLOPES
N 0
0
137 SAN DUN VERY GRAVELLY SANDY LOAM - 5 TO 30% SLOPES
N 0
0
138 SANDUN VERY GRAVELLY SANDY LOAM - 30 TO 60% SLOPES
N 0
0
139 SEHONIE LOAM - 2 TO 8% SLOPES
140 SEHON4E LOAM - 8 TO 15% SLOPES
141 SEHOME GRAVELLY LOAM - 15 TO 30% SLOPE'S
Y 0
1
2
N O
O
yes
2
N 0
0
yes
2
SEI TOME GRAVELLY LOAN[ - 30 TO 60% SLOPES
N 0
0
Z
L 1142
43 1 Sl IALCAR MUCK - DRAINED - 0 -1.0 2% SLOPES
Y 3
2
klevi,sed and adopted, XX, 2018 Page 29
144
SHALCAR AND FISHTRAP SOILS - 0 TO 2 %SL.OPFS
N
0
2
145
SMIKSAN GRAVELLY SILT LOAM - 5'1'03o%SLOPES
N
0
0
146
SFIUKSAN GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
147
Sl W KSAN -KULSI IAN -ROCK OUTCROP COMPLEX - 50 TO 80% SLOPES
N
0
0
148
SKIPOPA SIL'I LOAM - 0 f0 8% SLOPES
Y
0
1
3
149
SK[POPA- B[.A1NE(rA'FF, CONIPLF.X - 0 TO 8% SI,OPFS
N
N
0
0
0
0
3
3
150
SKYKOMISII VERY GRAVELLY LOAM - 3 TO 30 % SLOPES
l51
SNOI IOMISI 1 SILT LOAM - DRAINED - 0 TO 246 SLOPES
Y
3
5
152
SNOQUALMIE GRAVELLY LOAMY SAND - 0 TO 3% SLOPES
N
0
0
3
153
SORE:NSL:N VERY GRAVELLY SR, I LOAM - 8' ['O 30% SLOPES
N
0
0
2
154
SORF.NSEN VERY GRAVFLLY SIL:I' LOAM - 30 TO 60% SLOPES
SPRINGSTEFN VERY GRAVELLY LO.AiM - 30'10 60% SLOPES
SOUALICUM GRAVELLY LOAM - 5 TO 15% SLOPES
N
0
0
2
155
N
0
0
156
N
0
0
yes
2
157
SQUALICUM GRAVELLY LOAM - 15 FO 30% SLOPES
N
0
0
yes
2
158
S UALICUM GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
159
SQUALICUM -URBAN LAND CO_MPLF:X - 5 AM 20% SLOPES
N
0
0
2
160
SQUIRES VERY CI TANNERY LOAM - 5 TO 30 9/a SLOPES
SQUIRES VERY CHANNF.RY LOAM - 30 TO 60% SLOPES
SUM:AS SILT LOAM- DRANED - O TO 2% SLOPES
TACOMA SILT LOAM - 0 TO 1°,/0 SLOPES
TACOMA SILL LOAM- DIZAINED - 0 TO 1% SLOPES —
"TROMP MAIM - 0 TO 2% SLOPES
TWINS[ VERY GRAVELLY LOAM - 30 TO 60% SLOPES
TWINS[ VERY STONY LOAM - 30TO 60% SLOPES
TYP[C CRYOR'THODS - 60'['0 900/'. SLOPES _
FYPIC CRYOR THODS -ROCK OUTCROP COMPLLX - 60 10 90% SLOPES
TYPIC:PSAMMA UF..NT'_S_- FI_I)AL -OTO1 %SLOPES
N
0
_0_
0
2
161
N
0
2
162
Y
N
N —
Y
3
5
163
0
0
164
0
0 --
165
166
1
1
3
N
0
0
167
168
N
0
0
N
0
0
169
N
_
0
0
170
N
0
0
..171
URBAN LAND
N
0
0
172
URBAN LAND- WHATCOM- LABOUNTY COMPLEX - 0 1'O 8% SLOPES
V.ANZANDF VERY GRAVELLY LOAM - 5 TO 15`%u SLOPES
N
0
0
2
173
N
0
0
2
174
VANZANDT VERY GRAVELLY LOAM - IS FO 30% SLOPES
N
0
0
2
175
VANZAND F VERY GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
176
WELCOME LOAM - 5 -TO 30% SLOPES
N
0
0
3
177
WELCOME LOAM - 30 "10 60 %SLOPES
N
0
0
3
178
WHAICOM SILT LOAM -0 F03 %SLOPES
Y
2
1
2
179
WHATCOM S[LI LOAM - 3 FO 9% SLOPES
y
4
1
2
180
WHA FCOM SILT LOAM - S TO 15% SLOPES
WHATCOM SILT LOAM - 30 TO 60% SLOPES
N
0
0
yes
•2
181
N
0
0
2
182
_
WI IATCOM- LABOUN'Tl' SIL "I' LOAMS - 0 TO 8% SLOPES
N
4
2
2
183
WFIATCOM- LABOUNTY SILT LOAMS - 0 TO 15% SI OPF.S —
FWI111'EHORNW'ILFLOAM- 0'1'02 %SLOPES
— ---- - -- - - --
WICKERSHAM CIIANNERY SILT LOAM - 0 FO 8% SLOPL•S
W INST'ON SILT LOAM - 0 TO 3% SLOPES
WINSTON LOAM - 3'1'0 15% SLOPES
WINST'ON LOAM - 15 TO 40% SI.OPFS
WISEMAN VERY CIIANNERY SAND LOAM - 0 TO 8% SLOPES
N
0
0
2
2_
184
184
Y
3
2
-
185
N
4
4
2
186
Y
0
1
2
187
N —
0
0
yes
2
188
N
N
N
0
0
yes
2
189
l90
0
0
0
0
3
WOLLARD GRAVELLY SILT LOAM - 30 10 60% SLOPES
YELM LOAM -3 TO 8% SI.OPF.S
_. ................ _......_.._......_.... -
YELM- IJR13AN LAND COMPLEX - 0 'FO 3° o SLOPES
191
Y
��.
N
1
1
2
2
192
0
0
Revised and adOpLed, XX, 2018 Page 30
APPENDIX F
Model Conservation Easement Deed
A sample Conservation Easement Deed based on the assumption of matching funds from the
USDA -NRCS Agricultural Conservation Easement Program, is included in the following pages.
Revised and adopted, XX, 2018 Page 31
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
Revised and adopted, XX, 2018 Page 32
Whatcom County
Agricultural -, Forestry, and Ecological
Purchase of Development Fights
PROGRAM +GUIDELINES
Revised version adopted April 9, 2013,
Cwr1 '_ rte►i iciia tyck ►�1.V4 —& X ?ill9i
khl; p£w,.c �"" lik:W1011,111� llflmllk�
TABLE OF CONTENTS
1. 9NTRODI ( TION� .................................. ..... .......... » ................. ...........................................................................
11
It. PDR PROGRAM OBJECTIVE AND PRINCIPLES ......................................................... .............................22
III. ELIGIBILILI C' RIT ERIA ................................................................................................... ..............................4
I V. SI rE SEI EC HON CRITERIA...... ....................... ............... ............................................................................ 6
V. ON ERV IE1V OF PDR PROGRAM PROCEDL RES ......................................................... .............................13
%1. CONSERVATION EASENIE. NTS ...................................................................................... .............................17
111. OPF.RAPIONAL PROCEDL RES FOR ACQL [RING PDR EASEMENTS ................ .............................19
VIII. CO\SERN 11 ION 11''I l'R1S Ill ND ............................................................................. .............................25
APPENDIX A?-Vi4R-:CAP.A4i4-'-AR4i A,i - ,it:Rl(;LILTLIRAL PRIORITY AREAS ....... .............................27
APPENDIX 0F4WRA4- 91UWt1R4l. 1;— FORESTRY PRIORITY . ARE. AS ............... .............................28
APPENDIX Ca— ECOLOGICAL PRIORITY AREAS ............................................................. ..............................I
APPENDIX D- -MAJOR ROADS ............................................................................................... ..............................2
APPENDIXE —SOILS LIST ....................................................................................................... ..............................3
APPENDIX R F - MODEL C:t )tilt;Fdtl�i4 l IF }t�% k�A>�r�4i�i1i-3- D"4)CONSERV A`il ON E:ASEM Kim
................................. ...................... ........ ,. ................ ................ .. .............................................................................. 77
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
I. INTRODUCTION
I'laese Program Guidelines arc authori/cd under WCC Title 3.25A and serve aS holes an([
procedures for administering the Whiacom County Agricultural. fItir _+lr }:,.4pj l c. ksgo e _rl
Purchase of Development Rights (PDR) Program.
The Guidelines serve two functions:
A. To provide an overview of the faffn6milLund preservation process for the property owner.
Specifically, this information can be found in Section V.
B. To establish the rules and operational procedures that the PDR Oversight Committee and
the Administrator must follow when operating a Purchase of Development Rights
program.
Revised and adopted, April 9, 2011 ?age L
II. -PDR PROGRAM OBJECTIVE AND PRINCIPLES
Responding to the loss of County farmland, the Whatcom County Executive initiated the
development of a Purchase of Development Rights (PDR) program in September of 2001. _A
PDR Advisory Committee comprised of farmers, citizens and conservation organizations was
►ry a +� teeEo- } -rr,si dial °rTlct and tasked with ,assisliy County staff in klef�rlt�iiittp+t tc tick�:Ikp }1 I
of a proposal for County Council consideration. The I'urcltavL of Developmem Rights 11rognunr
+;alb: eenactcd (hrough tlydinatlyc _ 0112.054 in tienternber nf2002,
Since Thal Lime _Wiratcon.1- au Je o mid ccto tnen rate ies ondinc p
ho the conlinucil loss olf ituriculturul hood and oll'otltcr lund h�x:s ,,uch as rarest rewurc c lands Ord
a`4Eta of cal„ i; ;il inr1xkrlilntc, tlt st_ pla%mill i�14.1111es h.t� c. lxkyn tltkitlpt d €sc�ki�tl�i
A. Objective
In k� }rrlt}a�c ic}kr with 4,t1►rr Frxtl ,f- r+itcv�Fitt #}trk1Y;++athl'ha riratury gal }jec3i�,c -of the
Whatcom County Purchase of Development Rights Prtagrttm, ill qutdtkax iim s6(1- I_e }[hck°
tools. is t}'7niotection of I_urmtand. The sweaty duo olijec lave of the PDR Prmtr.un is the
prolection of _ lotestlland and areas trf ecologicalimportance. i`Ise Whatcom Crsnnty
1'tar+ lk.t c�yr! 17C�'a l� }! }fk1� . tl t !'n gix l wllI comribmuh0p to 5sr+tikiataat ltsia_i1a the
farming ekEt =rl3r ^iye- a +lm }J _lisl':3Lr1' 41111x1 1I kk4;' _mx.L_ c0.+;Rylell}
function. (lirntkgttiniq Whatcom County.
B. Principles
The PDR Program a strategic tool to protect
Ciluniy farmland, lul'E- mkind, and ilrLitti_[if4#Yil kr111 Itllj?c11t:111tt.
t �3'iiYttt� �I»Ne +'vrtti�tr>�!'1tic� ^vc the County's Agricultural
kind Bits lands, Forestlands and Areas of Fcoltwical_ m oorlance
Encourage the of a critical mass of agricultural tn.l_lits;ctitsw
land to sustain the rarm- related i at ,Lctrestrs- r!�!ateJ_ businesses and activities that
are necessary to support the agricultural iat ascrymid_lixestry indusi.rics in
Whatcom County. r \ddhiontlily the 1'Wgruttl %%ill c'rkcQu.raga. lh4_t?r1al 4.0-ll.4i},
sa rea of ccoh+ gis;d importarwy mm:gary lostistaill ' •t m s(cm lWal11) and runctitnt-
The primary PDR Program emphasis will be:
a. licwcluwe 4olltic1 .lc +u of Is1nJ to iiw,, rtilhiii the Awicultund
District;
b. Provide a buffer to discpuragc_encroachment 4into the dal
eF�re.riullluplil District, - -
I - - Reduce i- X)Wh6a1- "#t1in the <tt;rirultural tore.
C. Consolidate and protect largFarcas oragricultural land; and
d. Acklivs! Nrliklkil'•HF1lI-f�' .,'ikili+ ill}' i11111iik'iGralrtF lAYliill}};- ek4f-FVlt -Itr l!Yt)tti4t
rlgriuutturut Bond% hK.1dud outside the agricult� {l e9F ALFr eal]_lrrffil Ilistrirt
that are under inermscdjoressur.e oft1cvclo ttent.
Revised and adopred, April 9, 2013 Pnge 2
Hle srtertrdHU -PI]It Prnprnm c u Jbas s will be:
a. Ctc(htce cgwe lk n. of land io tl rr- turestryn tilt n fi= li }nom+ y
Districts;
b. 1'r�JV's a a- bg1T:r l�c1 stcltnw i jrf tlts l-orestr ` l)istric s
C. Cun.solldate and protect areas or iijrestrl ,I.,qd
d. :1cfJrc:y+ t:un tcrt.taf�t s:gnllttrr>t li +lr',r1r^� Iskiscl4. cattir- t�fc•_� • I' +!Y �t�:
Districts that are under pressure of development.
Prowelarea ol*ccolu gical in grtancL:n d `tl S ji_ a_ld
ell)
m - m- - �
fitVIfQfl % !]t_�t lm-I a
aknestr� Iunsls:
h. Itttfarrjx oast yultorl h.yhhal _ hnh'UN
corridors.
Offer Effective Program Design
Maintain a voluntary tool for the preservation of productive agricultural [a*dand
lures r I. i,. ,:. %% •II in the County that will:
a, Provide farmers ynd forcClafs,with the market based economic value for
agricultural and forestry land without selling the land;
Nlt. Provik e Im puny surge ills the morkel bused econoric ■aluc ibr arras
of c4 ±k}gI ul impcirt:jrs�� v.ithtlilt Wllil) � 4ite aIhL
c. Support and promote ongoing agricultural ac4ivity n' i�r s rr 1 s by
offering an attractive option for farmers. lurester:s,, and landowners; and
eall titt.L?ae�rtrr15> P1�1�tr1�E4ti?r!lcln I_t rte ' key: Rtl'tvrjra� ari .0 rlu iv'jon
fin' londinYtiers; and
e. Provide for ongoing monitoring and enforcement.
Leverage Program Impact and Efficiency
Enhance and support a coordinated approach to the preservation of the agricultural
IerrH �►1 titr�titr� LgInds. rs tl0l.I ,i, ,ltitr'ecsixa ii:ll iurft�rlt:,i„ that will:
a. Create community support for agricultural and forests preservation
initiatives;
hh._ C, tuiG.cumrttiur_si[1 titre xrll t'irr 1118 p-D rY littrt srf areas_n1;r•Kgl jcul
importance;
C. Complement and foster other County programs and policies to preserve
farming and agricultural lands; "d
d Complement and fbstcr other Comm _ tru runts and.Ltrtlicies to - preserve
li,rt^stry ttnd flrr.�tru I nc,�;
L- _- :' CO1lty_p{ �ral % llL.7licie to ttlUPN JZL ILt i;;lSto _
e['•[7.i' 01 111 lttl4 - proltxt irrC"11`.±01 eC #)IiDLI[:ell Iml➢4}l'lillttit: and
C. Leverage other public and private f#fundine sources and provide or
increase property owner inr:c11[iVC9 and program cl ld °titi. nls3.
Revised and adopted, April 9, 2013 Page 3
III- ELIGIBILITY CRITERIA
A. Priority Consideration
Arcas around the county have been identified to receive priority consideration for PDR
Program participation.
vc�h�tricirlturyl a�I irtri d5 :Iresv [Appeadi,y Al in ludc u tombinki iop of the [wely�e
lnlllitl PDIt ` }'arget Areas l he -mm in Apl+etttlis- r1)�tte ktk it rityfak rtr } {rrk[k.�Hrk� ur�}r�ykleE}
witlkiutirtiigrkrktdsln►'crr.�>! l «d Ott. Redn}- lkimd,Ten l4lilM li►trrrl ra,k r llerr►[tti liiutcl.
C afar l,�ear+l:h[ rl4cav'; tkrkrth [ u:; ter'; Fit- eirk •ltikatl,-we-,t•I..ynK3rrr, nsart•h -E 3. anr3
IItvrdlettwt I VI- K11:1k ItIIr'iII_Stkrdy Acca• liN IyuI ied . In e-vrnrertt District,arsa In n[ldilioij
to lite lundS ytithilr_Iliv Aeri_cull[ure Ain e. Presemation of these areas p_nklcc. clriutkkd
Ifg 4 4trail !;Inds kind can establish a perinkcter of I'DR IE51'Ik11911[Is ti+ prcrtc:et against
development encroachment into large blocks of agricultural lands.
•I ewrl3rrf, +}•�+ ter[ lyf- ek�ttr ¢:s }�eatiwn- itt•rl�t+gktlirr• iii-+ rr�rri, �it�-} aka: rkalitk�k [d�:- t- lk+rt�rt'r- kkv�ite�} -in
iitrf�rl- �rkrka�cl�rrrerkr. okf t.•+kkitltevrrl�lilr•iela� iC�r#IkkFV#kYY;�i k1'k•?4IiIC- 1.[kkkkkFt:-I�fNkI: E- tkattt�
llarrk -.r }I Ptti.e 4�rktlter 4ir�eker r vfet e and Act oeh -Fort ;' These lands, due to their
soils, land use, and proximity to core agricultural areas, are alsot•dccmcd priority
farmlands for program participation-
}�k rr4 }c3 ti�,n I•lke }rr+krdr asrrkec3- rlx k lturar} its 4 hntt +rtkk C ttrkty ,tre•r�lr prkpr4y
[*Pnk1flne3ak,due__to their vulnerability for ls- irnrrt "�li,nAy
rkriplivntto kAglmvdsear- 14- oml,Solely laegivenpirorky-rhlokigri�
ti±' lei= r117Fi- I ?It-R=f tiSL'4rakYel'�SUn Iti1 Il1kr1 ^'l,�k'le[rltlrYall r1;+t:ti,
!'r•rl`etitl'y I,1'Irri'Itj' iS �,l�i+r'.f.�r,lth 1riC'it[[le Ijktkll!i IckL411M M11 tlrc Itauul ] +rare rt.alc
i,tld ;rry3rs,designtlt d by the Waslkirlgtim titartc I] partntcut of I trlu[ ll licsr +rnc.'.:i I,�ing
[trirrrriv_�tr lu�rl��_I_nn�k�r�t Ct}� v+cr+`or�m[Ek*r Wu:�iils AIL ori>I s I or�uti! Actc>!ri !'I_i�i.
U: cola ical nriorr4 tarty A � iJi (' irkclude Isiods co�r taming a MR Ulu 1 I- alritti!
:[rrts rv[kti[ Araa Lx: within 165' ol_I-a -- nriscrvsiioji tegture__Ihis i_nclu_ c fish
•arrhk wtretrnts t o idpnt•ilied under the Wasift WT Sugt Ucl±arinkcnt -at l��fi nLid
1A'iV[Illfc's }'riority }3ataiLatae trtr Spies, kind tlrc C'lnry;}can t 14'ildlil'r ('en'd•idkkr.
Additlivoully the Lliapiwd FFAIA F1011 411latio :tad F I.,rxl I Waal areas have lie inc udlev
in addition to ,a 300' buffer of the f_lis��?ric Meander �q ,
B. PDR Program Eligibility
Two factors will be important in determining eligibility:4.
I._ Availability of funding to expand the program and
Revised and arlopred, April 9, 2013 Page 4
4-.3.Advancement of PDR Program objectives. Priority s.;, E; i., m I will continue to
receive preference over other laf- lialntil,ln.I , through weighted selection criteria.
All applicants for PDR Program participation must be within an Agriculture, Iturlil,
Rural Resilieutlal, or Rural Forestry zoning Properties
located in Urban Growth Areas are ineligible to participate in the program, nnlwsa
C41111-di uitiran willt cities k at CI011111oncill of -.111 lljltilication.
Alit) lit 1lions received on n_allech smaallkr. thall 10 acres MAY-- nlil rclalill 1111►
develogl"lent rie,111s.
Revised and adopted, April 9, 2013 Page i
IV. SITE SELECTION CRITERIA
All valid applications will be reviewed to determine irthe acquisition of development rights will
promote the PDR program's goals and priorities. Selection criteria have been developed to guide,
but not control, the review and assessment of eligible properties during selection.
kviidl, le, -tfas► rrrrirrslti; ►a41t1►'iIi -d and accepted offers on eligible propenis;s ofgreater points
shall be considered for purchase with available funds before properties receiving lower scores.
The criteria, which will be used to evaluate the applications, are outlined below.
Rating instructions: The selection criteria allow for a score of up to 100, with all five criteria
sections assessed Each criteria section is rated and assigned a point value. Then each .section is
assigned a weigh! factor. The five weight factors add up to 1.0. When total point values for a
section are multiplied by the weight factor, a score will be reached for that .section. The total of
the 5 section scores result in the final applicant score. Staff performs the ranking, with review
and adjustment by the PDR Oversight Committee.
Site Evaluation
ThL palms liu• each criteria arc based on a 100 point scale. l liuher points ;tic Riven to site
e!]i6f"CI!4tly'Y% irs . i l tC .lLrtrc___ -d � i >;_ 1 • xt. •3_ �a ilr •I ci�,t . V# Drucl+el'iN ics tl i t
se's, }lkrgp #t irCeuFi�s rtiiuMe, +risi �h.Gra4leriYilCti tf1 t_lnkl3.r u 1h I,t7Crre clt:alralalV gLL1i1l1lqg,
Such ux atti'ulEtiblc ►��atir i i lit%.
A. I'otal sire ol'lk3rtiCllsi numinarl acresl
a, 0 10 ........................................ ............................... U paints
b.10 -20 .... .... ...., ....... _,......l oink
c. 20- 49. 9 ................. ..............................: . :..,.,,.,.,._ - ...,....30 points
d. 50- 79.9 ................ ..................... ........... ................. 7t1 n«inta
e. 40 ............................... .................... 100 puiltts
I3.- NtunLvr rights ol'fcre0 under eurrcnt Zoning
_ a. l- 2 ......... _ ......................................................... . 20 points
b. 3....... .... .... ..... .... ........_................................... ......... 40 gxiints
e. Div z .� �,x _ �• -gym _ _ 1z.. 60 voints
d. 5 ........................ KULxrins
__�»
e. > / -6 ............... -- ...................... ... ._ 100 noinis
\.r "imvt W_11 t� 4 tm ktv cj,lsti�o v_l�3pnt or Zither In gas i Land
Ian l MI. NLtC_5 Citl E' llwgraim txr owned b% a_t ugicinulit+ nr NGO)
a-. >I ---- -- ..---------- 0points
b. 12 to 1 mile. . 25 points
c.' /n_to rz mil_4. �,. ....,.._ .... - 50 points
Revised and adopted, April 9, 2013 Page 6
d. < 1/4 .......... .. ...............7 --I- 5 s nt
__ -
c. Adjacceii., ............................. ............................... 100 points
a. ......................................... I .... .... . .25 points
b. 26-50% .............................................. .................... 5Q points
Q. 51-75% ...... ........ ...................................... 75 miats
d. > 75% ......................... . _ ........ _ . ...... ..... 4._ points
E. Number of legal lots of record
a. 0-2.. . ............................. 20, pts
b. 3 ........... ................................ �_tx ..... 40 pts
c. — .......... ............. 6.0- pts
CL 5. _ 8 0 PIS
-SL--/ 6 .............................................. ........ .................. 100 PLS
1:. 1 rLl ),� v i�lk)
__ 14 $1- -E
a. Certified Water Right/Access to public water ....................... 100 pt
b. Water Claim or documented watec u.w. ........ ...... 50 pit
c. No Water documentation or legal water access ........... .... (Lat-S,
G. Proximitv to major roads or road intersections
rI IhIs i-valmWen), , owjw J-I)ads" eplelsn.% 1-mids 11'1111a dk4/ ntffisl
_y f
14W) 000 In ulf ov hips_ d liv e; r "yels VI(•o,1111r Oneeligg I/Ils dryi11111rar 1k
irrchrcl
Ajj1jvndfix 1),Iq Ihis •ellm-1.)
blv�xl% is al an inlerscC61111 offf�41jquk jlqilijy
ice_ I'rrirer,t� is wirlii {>rl'5l}d1 fccl lot' the inicr Scholl s
of two inaigr roads .... ......................... 75 Points
r1 V vr LN lilt., till, jjRiors)ujI ... ..............................5 0 Poin I -
jr.�ml
is %vithiii L5qq it 2s ptimts
H. Threat of Conversion/Parcelization
Total Number of Pat-eels in sun•ounding 1/4 mil
a) Less than 20 parcels ............ .................. 1 50 Points
_b)20_5_O.j2afcCLS- .... ...... .................. 100 Points
c 50 - 100 parcel's .................. . ... . .. . 50 Points
d) Illort: thall 100 purc s: s.._ ... . ............ ........ I ...... ......... 0 Points
_vu(&ijjLhO(LLv _qIId&jjv(Ar r(I
bulicale the 11r111rrrrt1nev Mir Lw_ey 0 M, No i.,y
L
Revised and adopted, April 9. 2013 Page 7
1 2. Lattck Evalluafitlu
Productive Farming. Ietw ai'% and associated activities depend on sail capability (the sit itability of`
soils for most types ol'field creeps), ;uufksl li)ubct llmiduciion), Therefore., emphasis should be
placed on the pmperty'S soil characteristics. The scoring, system uses the NRCS Prime Farmland
classifications, LU.SA classifications and APO soils ClaSSlflCatiollS, rAti -yell HK1il4'ILidlll
classification 01'soils ofstatce,vide importance �'.;,,Iw( -as ell as con%ideratian gkell W sil+e
iiicic_ serve: !!n' 11!1 it soil~. I li.91 points are .issigned to hel.terogricceltul d soils and lo%vice
points to poorer ,oal, tgri.ululrul soils- C oicst soils also receive _ttdclr iuf ul fauiUgs. Points are
assigned based on the productivity and/or characteristics or the soil (protile, texture, shiper,
other). A soils chart is included as Appendix e -- I - i % Yi t has a_siic In cx vat ing amt u l rive
,ol r,tlinw. the tatting %%ith the highest 111fluhccof l?ttiiw, ~till lie :Iplliefj,
Below is a table detailing the soil point system:
1 j 100 90 0 0
l 95� 85 0 0
90 80 0 0
4 85 75 0 0
No Itptlnt
80 70 50 0
D .-
4 0 0 60
F
I 0 (I S)
1
a
40
t)� 30
er Pt tl 20
Farm applications receive points liar this section proportional to the percentage ofeach soil type
that exists on the property. An example of how this would work follows: A farm under review is
40 acres, of which 29.79 acres (about 75 %) is soil 179- Whatcom Silt Loam 4 -9% slopes, which
is classified as LESA 4, APO Prime l; and 10.21 acres (about 25 %) is soil 180- Whatcont Silt
Loam 9 -15% slopes, which is not classified as APO or Prime, but is a soil of Statewide
Importance. This farm would score a total of 76.07 points for this Section, as shown:
A
B
C
D .-
E
F
G
H
(
J
K
soil
A", (in
acres)
%(B /Total
area)
APO
Soil
Prime
l -6 ".
LESA
Rating
Prime
Rating
Statewide
Soil
Site Index
Points
score
(LI*C)
179
29.79
74 48 %
Y
_
Y
4
1
0
2
85
6330
180
10.21
2553%
N
N
0
0
yes
2
50
1276
76.07
'ot"Iarea
40
Revised and a&pted. Api -i19, 2013 Page 9
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Land Evaluation section has been 0. 4435
but is subject to ongoing review by the Committee).
S e3. Ecolnzica :l Evaluation
Ilw- poifm- Is *I"4gh "4nt6- nFVgive"to -M."te
f "I3llii {kEk'1'liClk4
(hat fkYY- +iiil!'[*t�l+ kl°i:tl�lt,•�kit•I} °d� -�lkki :Ni ti+' t;- 4ili+ F# it[ i' t 'i6Fi�E'.r•EIIi+F•et! }�!'t=8-�A
yltr ti-tIk i�riE -rrl-ti r19 +Wi'i'tiicall;- n+lc3-e Hs+ k�+ cEeritt3 +.�,- Fll;+t�+ +l:+k�- +k•ti+t� kr� +++:r- rrl�i+r�+l�l�- t« }#�+�k }i f+l�:
9t1@I1 �flrrF14`ililrll)�f wekee�- Y- +�I�ts:
R� T• tlt+ ll- rk�+ suE- f►;++�elkn}-�+1s�H ++llwE�+er�)
n�tit-'s
-- — fir.- �ll•ir3:�3 -- -7t1I7k�
The Woshi1lkwotl _Slaw I) )1jl11CIII ol, k'W14IgV i�1111Lr4 C ,C 11 +nY4 ►ei'tI]t11111 CkrrsCYkl�f i�5
idunlil"led reeelnti :landtlli; Ip�„_r,4ddr- L %.J ft %% tr J, mUl ess" { +_ithin sub- wik(ersheds,
�.�'�Srl�Jllk+,+t (il}_�rzklj ltXt�Hyrlxl�t4� t��.,W +it�r liu►p_tlnx�ssee�l
u. I li+illt!iltl [fi�l kinH.... L•c,= "' =....,�. lfl[l ltts
i1. IkiYllet ti+ 199
............................. ................ ,............ ,........ ...,....,.. 75 171
C. P rolectiol liliesmlion.......- ....r-.....: ...................r........... .. 50 PLS
lim _ Ilk) 011111WO ................ ... • �__
CIA. -- tinli+ lrrofcafe +:skiHtSrduVVlNtlliltsHl+i hllrrliWraki •klHtivry +ar +'r�ll,k.•vH►iHS'
w 14 - —.._ .__... All lars
{• "S -*IF
�:u. 1�t3f.>3- ltlil� 25 pts
L..,. Iz ,.,;i,.
i_3, 3&t, tg r_I °low Rrsltlnllion - is ltr yam. te► ► ^nk r u ill_ingltr r+ cc n> c >c+�sr�g+ m. Lrc"s
bty+)nd tote niu�fG win rr:uuir p rgt ce ?
a. Yes_ 50 pts
- i:,Wl+rih- M -Fws
,t'- rlk{;9Ykt:t4 1441p! ,
1--A .. —• tSUaY+ +a +tty+lt�swbat+kivullilwlltr+l
Revised and adopted, April 9, 2013 Page 9
Ma1. -�,,y— Ny�
wo. 3_E' . .......... ..._ _��........ -0
25 pts
i.tiisr kairts y ► [ c ?I► ►alu �e yjgw�s�lt_x�%i'ellllr c }�nc 4iiCl.ylrkC I?ts,�l�4l,.S?�Llti?L
cIritica c:
a_. Y_ es. 4M' + _
ln'Q - — 50 pts
I�rA:s i�l►r►�4»Fd�1�leFtai�l= rt*��el
h. .......................... I ............................. .........�.,. .41.1t1ti
_Hr t,4-,
- � +�+1 -E +- It►tal�E -.
( . ,VM' f,4- I.ktW,Mlc rrrn�eta+rti�wr +.+ iahlalr
idv13E"
i�. �.� • ili l�r�
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for :'..;rs ! r+ ' ;,x. d Evaluation section has been
0. t#10• but is subject to ongoing review by the Committee).
1 34. Special Considerations
A. Site contains heritage/historical significance. Le. I lcril rgc Mini Rtr ice.
1. Ye
............. .. . ......... .._._._._. . 50 pts
?. No.
.If tats
13,. 1i,rr °gaiiit ti;ilc f)uxtrktrn t�lsc! ,cs in,irke[ value
11. 91% -I"ull Value. _ ....
—h.-No 0 pts - -
1-Ir Sit£- 5: k) i1EhiTth�Ef1[' E'+ t.' f�N, iE: klli�Vlliiii !!�[i�ti'i�allti'(�I".+; kA� @t•i�ktlti, #�!l(�il�� lritl�iFna- �- ,�ier�
tin Pt";
2. ------- 4., No 71%-90%
. .................°.......... ............................... 33. pis
3. 50°%40%_.._ ...: . f;t7 let,
Revised and adopted, April 9, 2013 Page 10
4. <50 %a Full Value ............................... ............................... 100 R is
` o i - �aa r�n m
I._A!l rerntivcd... ......... .... ....................�._,....... 1u1, r,is
2. _Develoolliyllt lights rt'nZatirt�I�. t_ _ . ... sl }•I,
1 1. Isl ±�clt�cl ++3 11iiy ,rr �rpicwily rrcu
U. n PJAM611 a' CSI .........................,.. ..................... .. _ O D M
_. - -- . b. Noi 141 :1 �r[p ,t?' ti311.`_:I -.... rarer...... ........ ..... ... _Q-11�
Once a point value.for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Special Considerations f' dlak .section has
been 0.0310, but is subject to ongoing review by the Committee).
4:— -43ItIW6 i4;IkI- f,7qI--)J40E-t-t4 riq
-Srtir hiflow- Irldrkel VAttr
5. Madching Funds Bemired
2, 75% secured.... 4,� . 75 pts
- - oo5046 741% 66%
- .. .ecured. _ -_ _ t 30 pts
� �r�5F1yo,- vtil �wtltrt" 10P pt-6
()alts• rr +ir3lru r- rrlrra Pert'tJter sva�Pinw isrrJcf�r'nrimuJ, it i. nr�r�N�t� {rrtJ•Ir�r1� »�ti�Jrt'f trrtesr sex imlreert�'tf4F
rrrrla�rrrn: i�e[ wri�IlterJ• �rrc,: tur��r'• Fte+ r�rr4µ�le- GiJlJxrr�rrniry- ��rrt�lrrrs�rrr ►I- N! }19�firrJ- in�rrljr� /r�
a�r�twrititg+•rwr nirt+�Jr!tM1Jtc+(�nnniNeeJ.
5. R nr fs- voint6
(tar rerr� e4 the'Iln,rtult of pcest.Tved larullNnd in urget or CkIrril ttucrlr xr�:t E +�:
'I; Not i I I 4atrgtt tt.�,, k111t'Y
4 240
secured....,.......... �. - -. ..................... 25 pls
5, 0 "lg e!eult tl.... I1111s
--49"25 w c c, y4 4 -:10 ftiCa.
Revised and adopted, April 9, 2013 Page 11
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted ,factorfor Bonus Points section has been 0.2210 but is
subject to ongoing review by the Committee).
6. Final Score
The points for each section are added up and multiplied by a weight factor, which
indicates the importance that is placed on a particular characteristic. The weighted scores
are then added to provide an overall score (0 -100). The higher the score, the more
closely the property meets the goals of the program and hence is a higher priority for
purchase and preservation. Properties which score less than 40 (forty) points will not be
recommended for program participation. I tic I'_I)I�_ I- kclrwi�hr! t i,mr iltk�� roLliil, Ili, -
A,ilil4 lu:r.ld ;x gibll:lvtui� to i lfurnrs iqu :urn ultiphc elion .. t i�i_i[c -gsl� ul_urrtirl]_iurr
�-hiniG III Aill IW ilSCIlIL1M ill aJl:fniii.•il lIrt) %'VVJin�.,
Revised and adop(Led, April 9, 2013 Page 12
V. OVERVIEW OF PDR PROGRAM PROCEDURES
A. Outreach and Publicity
Step 1: The County shall annually give notice in one newspaper of general circulation in
each area where eligible lands are located which may be acquired. The notice shall
include the properties eligible to participate, the application process and applicable
timeframes and extensions.
The Administrator may identify each property with potential development rights
within priority consideration areas and provide written notification to the property
owners.
B. Application and Ranking
Step 2: Voluntary pre- application screening. Interested property owners may meet with
the County PDR Program Administrator (Administrator) to review their eligibility
and special circumstances, if any.
Step 3: Application. An owner of land eligible for PDR Program participation submits and
application for County acquisition of property or development rights. The
application must be submitted on the form provided by the County. Lot of Record
applicution must he salbl#iilled xi3axul[anci�u l] tutl+�:4s deiennln_Won hn5 nlreadt
keen completed;
$Fe}r stitcyl I. E.ol [1f kecryd CltSl 4``l_4 ttlit�A 14cr of Icnc cli 6c l! _ li,r I'I t "
PrUm t ILarticiggtion subntits tt Lot (1f record atlipli u fo t cl s gns a latter of
I Itch lha! sta ves ihct i lticnl rat this xsrvic t lti� be ;t�Iy` l n t _g,103 i a�1 ljig
casement or should [lie t opliwaL ish to with,lravv 111Lir gWI[Ica_tion rl'his
applil tlr.+rt_ Levi—Is " and- determines that
1 n r ti •v •jt Ite ri ltIs t '1111111 iron sold tuts. 11Dq llb)gaInt U11011a nihnl
inn be submitted sitnultnneuusly.
The Administrator reviews each application for completeness, determines if the
subject property meets minimum eligibility criteria and assigns a preliminary
score based upon the PDR site selection criteria.
Step 56: The PDR Oversight Committee reviews PDR Program applications and
recommends proposed development rights acquisition utilizing the selection
criteria. Recommendations for development right acquisition are prepared and
forwarded to County Council to approve, deny, or recommend modification.
Step 67: The Administrator estimates the number of appraisals that can be initiated based
on available funds and chooses the top ranked parcels from the County Council's
list of parcels. The property owner is noLilied in writing or eligibility status.
Revised and adopted, April 9, 2013 Page 13
Step 78: Property owners disputing their ranking may request a reconsideration of their
ranking to the PDR Oversight Committee within 14 days after receiving written
notice. The Committee shall review the reconsideration request at the next
regularly scheduled meeting. Special consideration will be given if applicant
modifies the original offer to include a bargain sale. The PDR Oversight
Committee may, at its discretion, change the site's rank, recommend the site for
subsequent consideration, or deny the request.
C. Title
Step 99: The Administrator initiates a title search. Closing is conditioned on the resotution
of all unapproved title exceptions, within the County's sole discretion, which may
require the receipt of subordination agreements or payoff letter,
D. Pricing Estimate and Appraisal
Step 410: The Administrator or designee it�ithtreFh�prie +tth i;ttni ttic•r fi>r�n:r �tstirt the
ki�r+�ttrht.- �Irvek�hcel try -�r r��+ E <Ikirag +tl_�I�eti ee— rtncl• erik�dietttlt kIfXIated -0R
aprovides preliminary estimate of value, and notifies the property owner of an
estimated range of value within which the appraisal will likely fall. The
Administrator or designee sends the applicant a letter of intent, including range of
expected value. The letter calls for the signature of property owner(s), and spells
f out conditions under which costs for further due diligence and the a- )F)niif241 1, of
l record must be reimbursed to the county if the property owner chooses to
withdraw from the program within a specified period of time.
Step 10: The Administrator or designee proceeds to verify assumptions through official
county processes, such as a fonnat Lot of Record and density determination, and
conduct other due diligence as necessary (such as water rights research and Title
research and clearing).
Step 11: Unless Council and the Executive specifically authorize an alternate approach to
determine value, the Administrator commissions a full appraisal by a County
authorized appraiser to appraise the development rights value of the land proposed
for development rights sale. The development rights value is the difference
between the market value of full ownership of the land, and the agricultural value.
Step 12: The appraiser submits the completed appraisal (or the alternate determination of
value is conducted and submitted) to the Administrator and the Oversight
Committee for their review.
Step 13: The Administrator or designee meets with the property owner to review the
appraisal (or alternate determination of value), state the offer, review the
conservation easement provisions, agreement terms and conditions, and to answer
the property owner's questions.
Revised and adopted, Apul0, 1013 page 14
Step 14: If the property owner believes thaL the Wnilandlaind has not been adequately
appraised or valued, the owner may, within the time allowed in the schedule,
commission an appraisal at the owner's expense.
E. Offer to Purchase Easement and Agreement
SLep 15: A written offer to purchase development rights based on appraised or determined
value is made to the property owner following budget authorization by the County
Council, and approval by the County Executive.
Step 16: Within 30 days, the property owner accepts, rejects or makes a counter offer.
Counter offers will be reviewed and evaluated by the Oversight Committee and
the County's authorized appraiser.
Step 17: Property owners desiring to sell their development rights sign a Purchase and Sale
Agreement.
F. Adjacent Property Owner Notification
Step 18: Neighboring property owners are notified that adjacent land is in the process of
being preserved.
G. Approval
Step 19: Review materials are presented to the County Executive for review and approval,
rejection, or recommendation f'or modification.
Step 20: Review materials are sent to other participating entities for partially or wholly
funded conservation easements several days prior to any deadline.
I. Settlement
Step 21: Settlement will occur following County Executive approval of transaction terms
and is contingent upon a title search and any other evidence, such as a land
survey, that may be necessary to establish clear title.
Step 22: Payment will be in full at time of settlement unless the County and property
owner agree Loan installment sale.
Step 23: Checks are requested from the Finance Manager and settlement is scheduled
within a week or two of approval. Federal or state money is dispersed according to
federal or state regulation.
J. Recording
Revised and adopted, April Q 1013 Fag- - h
Step 24: The conservation easement will he recorded at the County Auditor's office, The
County or its designee will monitor the properties under easement at least
annually to ensure compliance with the easement.
Revised and adnprul, April 9, 201 ; 'age 16
V1. CONSERVATION EASEMENTS
A. Description
A conservation easement deed is a legally binding document, which is recorded by the
County Auditor, forever restricting the property to agricultural and directly associated
uses, and for which compensation may be paid. As an easement in gross in perpetuity,
restrictions are binding upon the owner and future owners, and run with the land.
B. PDR Program Conservation Easements
At the time of acquisition of development rights from a participating property, a
conservation easement is placed on the property permanently restricting development of
the site and protecting/preserving the agricultural, figmstr, and veolcr kal values
associated with the site. The conservation easement must be signed by both the property
owner(s) and the County Executive or his /her designee and recorded with the property
records for the property. A model conservation easement deed is included in these
guidelines as attachment D.
Conservation Easement Requirements
Conservation easements shall be on a form approved by the Whatcom County
Prosecuting Attorney and shall meet the following basic requirements:
a_ The deed shall be in recordable form and contain an accurate legal
description setting forth the metes and bounds of the €ar•mlanttarea subject
to the easement;
b. Restriction is granted in favor of Whatcom County, or if designated by the
organizations as defined in RCW64.04.130;
C. Restriction is granted in perpetuity, and shall bind existing and future
property owners; and
d. Unless specifically provided for, nothing in the restrictions shall be
construed to convey to the public a right of access or use of the property,
and the owner of the property, his /her heirs, successors and assigns shall
retain exclusive right to such access or use subject to the terms of the
easement.
2, Filing
After the conservation easement is signed and notarized, it must be recorded with
the Whatcom County Auditor's Office,
C. Conservation Easement Conveyance
Conservation easements may be either donated or sold, or a combination of both.
Revised and adopted, April 9, 2013 Page 17
Conservation Easement Donation
a. A donation of a total parcel will not be subject to eligibility except as
below in section c. Partial parcel donation shall be considered under the
same rule as for development rights sales. Notwithstanding the eligibility
of the property, acceptance of a fee interest or partial donation is within
the discretion of the County Council.
b. Whatcom County will accept voluntary donations or bequests of
agr-ictrltura-l- development rights as perpetual easements in gross if meeting
eligibility criteria (except priority area criteria) and within the discretion of
the County Council.
C. All properties offered for development rights donation must meet the
following minimum eligibility criteria:
1. The PDR Oversight Committee will consider each offer on a case
by -case basis, considering the property's consistency with current
and future land uses, and
2. The fafm- property must be at least 4aerts] acre in size, and
3. Be in agricultural or lbreslry use or qyntA!in e�colc„git4 i1_ -y;dury and
has not been irrevocably devoted to a use inconsistent with
,Vg"iml+ -sir'd Wit-6% ++ iiit;lz fx>Eevjit,ti��r ►+r +iiHl; t+w
���iareriit;tErlhlfe rtncdlh� abo 'k_c_4tttucs..,
4 — f �anitltriaat�tr #lv�ai tar, xl�tctiv4� ,alrtce�lrur� :l•rtislrNA(il}c�
54. Cannot be located within an Urban Growth Area_ irllssti
coordin alion with Ille-proxuIigl�l_smull Oq. is a comr)(111CIIl_uf 111
donation.
Conservation Easement Sale
a. Whatcom County will purchase perpetual conservation easements on
qualified properties in accordance with the policies and procedures of the
Whatcom County Agricultural,_ L= ureSlt _ and_ I_coletgical Purchase of
Development Rights Program, with Federal, State, County, and/or private
funds and any combination thereof.
b. All properties offered for conservation easement sale must meet minimum
eligibility criteria as contained in Section 111.
Revised and adopted, April 9, 2013 page 18
VII. - OPERATIONAL PROCEDURES FOR ACQUIRING PDR
EASEMENTS
A. Outreach and Publicity
Annually, notice shall be published in one newspaper of general circulation. Application
opening and closing dates, if any, will be determined by the PDR Oversight Committee.
The Committee shall have the discretion to consider applications in rounds, or
individually on a rolling basis. If selection deadlines are extended, the committee will
provide public notice of the extension.
B. Application and Ranking
1, Property owners) voluntarily submits an application(s) to the County. The
application must be submitted to the County on the form provided by the PDR
Program, and according to the relevant public notice. Applicants are to include at
a minimum:
a. Names) and address(es) of the property owner(s) of the site;
b. Legal description and parcel number(s);
C. Copy of the property deed and title;
d. Total acreage of farmland to be included in the PDR Program;
e. Current land use and A- k4soils;
f. Number of dwelling units;
g. Description of the farming operation;
h. Other information necessary to evaluate property eligibility; and
i. Lot of Record /Density Determination application and payment, or Lot of
Record/Density Determination application and signed Letter of Intent
agreeing to terms of payment at the time of easement closing or upon
withdrawal from program, or completed Lot of Record /Density
Determination; and
j. Acknowledgement of intent to grant to Whatcom County a conservation
casement in a form provided by the County,
2. The Administrator shall review each application to determine completeness and
eligibility.
3. Applications meeting all minimum eligibility criteria shall be evaluated and
scored by the administrator and Oversight Committee according to the site
selection criteria. (See Section IV)
4. The PDR Oversight Committee shall provide the County Council with
information and scoring of properties recommended for conservation easement
acquisition by the committee. County Council shall approve or deny pursuit of
conservation easement acquisitions on the parcels.
Revised and adopted, April 9, 2013 Page 19
5. The Administrator shall then arrange appraisals (or alternate determination of
value) of eligible fwd applicant properties as determined by the County
Council.
6. The PDR Oversight Committee and Administrator shall provide Ra a-rtHtral
crpdateitxlrnCs to the County Council discussing recommended purchases,
possible program changes, and anticipated budget needs.
C. Appraisal
1. Appraisals for eligible properties shall be conducted to determine the value of
development rights of parcels in the order of acquisition priority until acquisition
funds are expended.
a. The appraisals are to be made by an independent appraiser qualified to
appraise agricultural, l'orestry.. tnt&or ecological land for development rights
purchases. An appraiser is deemed qualified if he or she possesses a State of
Washington certification as a State Certified General Real appraiser, NIAI
designation by the Appraisal Institute (or equivalent), and at least five years
agricultural lands appraisal experience. Appraisers shall supply a narrative or
UAAR farm report, which contains information as required by the Uniform
Standards of Professional Appraisal Practice (USPAP);_l nilorin Aplmiim I
5ta1iJ.[1-d% of I,cdcraI I.apd. \ IIis. doll _(_1 -\51'I,,A) and as speciFed in any
contract with the County.
b. An appraisal report is an objective report of market facts. The appraisal report
must estimate both the unrestricted fee market value of the land only,
excluding the value of buildings, and the agricultural value of the land only, of
which the difference is the development rights value.
c. Both values shall be based primarily on an analysis of comparable sales. If
comparable sales data is not available for agricultural lands, the appraiser may
use local farmland rental values or capitalized production values to determine
the agricultural values of the land.
d. A description of the buildings or other improvements shall appear in the
appraisal report; however, the buildings will not be valued and therefore will
not be considered in determining the development rights value.
e. The appraiser shall report whether the subject property has any land use
restrictions, public or private and/or physical attributes, which limit the
developmental capability of the land.
f. The appraiser shall be advised that conservation easements are perpetual. The
perpetual nature of the easement shalt take precedent over any agricultural
zoning status.
Revised and adopted. Arid 17, 2013 Pepe 20
g. The appraisal shall be in writing and may be discussed with the owners prior
to the submission orwritten orfers.
If the property owner believes the property has not been adequately appraised,
the owner may, within the time allotted, request that a review appraisal be
made at the owner's expense. This appraisal must be completed in accordance
with the guidelines set forth herein. If the review (owner's) appraisal is not
completed within the allotted time, the application will be delayed for future
committee consideration. 11' a review appraisal is completed, the appraisals
will be reviewed by the County's Appraiser. The County's Appraiser in
consultation with the Program Administrator and the PDR Oversight
Committee will accept, modify or reject the review appraisal. The
determination of the County's Appraiser is final.
i. The maximum value of development rights purchased by the County shall be
no more than the easement value contained in an appraisal report. The
easement value is the difference between the farmland's value before and after
the voluntary conservation easement.
2. Council and the Executive may specifically authorize an alternate approach to
determine value in accordance with state and local laws, in which case the
conditions of that approach would substitute for the appraisal guidelines as set
forth in C. 1,, above.
D. Title and Survey Issues
I. The Administrator shall request a title report confirming that applicant is the
owner of the property and has unrestricted legal right to transfer the development
rights (i.e. there must be clear title to transfer the property). The title report will be
provided to the County Attorney for review.
2. All encumbrances (including but not limited to: liens, mortgages and _judgments)
against the property must be subordinated, satisfied or removed prior to
development rights acquisition. Mortgage and /or lien holder subordination and
releases may be required acknowledging that a conservation easement will be
placed on the property and subordinating their interest in the property to the deed
restriction.
3. At settlement for a County or joint development rights purchase, the PDR
Oversight Committee or applicant shall provide a title insurance policy issued by
a title insurance company authorized to conduct business in Washington State by
the Washington State Office of Insurance Commissioner. The cost of such title
insurance shall be a shared cost, with the county's portion considered a cost
incident to the development rights purchase and a reimbursable expense from the
County's Conservation Futures Fund.
4, It is the property owner's responsibility to survey (or provide a legal description
that meets specific standards) any exceptions from the easement and any
Revised and'adoptcd, April 9, 2013 Page 21
graveyards or cellular towers that may be located on the property. It is the
property owner's responsibility to provide a legal description for any commercial
operation on the farm that is not incidental to the overall farming operation, in
order to exclude it from the easement. Surveys shall be conducted by a licensed
surveyor in accordance with state and federal regulations.
E. Development Rights Value and Purchase Price
I , The maximum value of development rights purchased by the County shall be no
more than the easement value contained in an appraisal report. The casement
value is the difference between the Farmr—P-land's value before and after the
voluntary conservation easement.
2. Development rights may only be purchased in perpetuity,
F, Recommendation of Development Rights Purchases by the PDR Oversight
Committee
The PDR Oversight Committee, in making recommendations concerning
applications and purchase offers, shall consider the following:
a. Evaluation according to the site selection criteria. -
b. Consistency with County Comprehensive-Plan (and Rural -anrl ItgrieErlrnre
�f-rn ht},� eaesig;rteCierns).
C. Cost relative to total allocations and appropriations. -
d. Proximity to other land subject to protection easements-.
2. Upon receiving the recommendations of the PDR Oversight Committee and the
Administrator, the County Executive shall review the recommendations and shall
take final action to authorize or deny proposed purchase terms and offers,
consistent with authorization by the County Council.
3. If a t7rr €npnlxIU is approved for development rights purchase, the Administrator
will meet with the property owner and review the terms; conditions and amount of
the County's offer. A written offer will be provided to the property owner.
Written notice shall also be provided to lstf++t4a adland not approved for
development rights purchase rowid.
Revised and adopted, April 9, 7013 Page 22
4. Within 30 days of receipt of a written offer from the County an applicant must
indicate in writing which of the following actions they intend to pursue:
a. Accept the offer.
b. Reject the offer.
I. Reject offer outright
a, no further action
b, participate in future review
2, Submit a counler offer within 90 days of' written notice of offer by
the County.
C. failure to notify the County within 30 days shall constitute rejection of the
offer.
If the offer is accepted, the Administrator shall prepare a Purchase and Sale
agreement. USDA or State Funds must be paid as lump sum. The method of
payment shall be specified from the options listed below:
a. Lump Sum
b. Installment Purchase Agreement (IPA)
C. bike -Kind Exchange
d. Or a combination of the above
6. For development rights purchase utilizing the Installment Purchase Agreement
(IPA) program, the County Council at settlement shall provide an opinion of legal
counsel that the County's obligations to make installment payments of principal
and tax - exempt interest over time arc legal, valid, and binding. And that such
payments are a general obligation of the County for which its full faith, credit, and
taxing power are pledged. Interest paid by the County is exempt from federal
income taxes.
7. All Agreements of Sale and Conservation Easements require the County
Council's approval.
G. Grant of the Agricultural,___ 1_9r stry. god /or E.colol marl Protection
Conservation Easement
Before the purchase of development rights can be linalized, a conservation easement in a
form approved by the County Attorney and consistent with the policies of the PDR
Program Guidelines, must be placed on the properly permanently restricting development
of the site and preserving its agricultural,, lbreNtry_an dlor_ecological values.
Revised and adopied, Apt! 9, 2013 g;�ge 23
The principal interest of the County is to ensure that- agkL- ukuntl lands are preserved and
subsequently stewarded in a manner that maintains and enhances their farmland,
ac ;l ";till_ .lilt[ �11 . rct)l+�gical values. There may be some Instances where there is a public
interest in another public entity or non -profit organization to hold the conservation
easement, for continued stewardship and protection of the land. The County will
consider:
The preferences of the donor or seller;
2. Administrative, monitoring, and enforcement issues associated with the
conservation easement and the resources available to address these issues;
3. Requirement of Federal, State or County funding sources utilized to purchase
development rights.
H. Development Rights Purchase Recommendations /Submission Requirements
County Council: Each recommendation for development rights purchases with
County funds, State funds, Federal funds, tidk.ztc dunur trouts or a combination of
funds shall be presented to the County Council at a regularly scheduled public
meeting.
Letters of Notification: Letters of notification for development rights purchases
will be sent to adjoining property owners by the Administrator.
Ail aI+ +N►1r rt}►tahuHklNltti lt(n a'II�C {R ll °11�f =�i »rt+�'FikFny9rt Y Ct Ip1lti lt-0n lltek}-tllkki!k
El:h- l7N-I't"rrlMNi LYll -t1H 1715„ I 1 itcxl Wit hill.
l ► ►ik ►wind retetttit ial t^'!'Ittt n ►till =it t`flzt#t! tits <�4tlntr ehr' lit + +f7e + "l }' OWner -Anust
notify the administrator in writing fequestingjvvitt�►,in�he ne3t�sele��tittn �riota:
Revised and adopted. ApH19, 2013 Page 24
VIII: CONSERVATION FUTURES FUND
A. Intent
This fund was established in 1992 to be used solely to acquire right and interests in open
space land, farm and agricultural land, and timber land, so as to protect, preserve,
maintain, improve, restore, limit the future use of, or otherwise conserve the property for
public use and enjoyment.
B. Fund Sources
This Conservation Futures Fund is funded by a real property tax applied to all real
property within Whatcom County at a rate determined by the county administration and
county council.
C. Fund Source Accounts
Council shall annually consider an allocation of Conservation Futures Fund to be placed
in a Purchase of Development Rights Account.
D. Installment Payment Fund
I. The intent of installment payment funds, which are established by the County, is
to encumber and invest committed funds for which recipient properly owners have
elected annual installment payments for a period, which may vary according to the
wishes of the property owner.
2. The full consideration of any transaction for which installment payments of five
years or less have been elected shall be placed in the fund, less the amount of any
first installment to be paid at settlement. This amount shall be invested and annual
installment payments shall include the interest accrued.
3. Annual installment payments shall be made on or before January 20th of each
year.
4. A property owner may enter into an Installment Purchase Agreement for fifteen
(15) to thirty (30) years at an interest rate to be negotiated between the property
owner and the County. The property owner will receive semi - annual interest
payments that are tax exempt. Principal will be paid in one lump sum at the end of
term. 'The property owner will also receive a security representing the Installment
Purchase Agreement. The property owner may sell or assign this Agreement,
Revised and adopted, Aprir9, 2013 Page 25
E. Public Expenditures
All public expenditures from the Conservation Futures Fund are subject to
approval by Whatcom County Council and will be made in accordance with
approved disbursement procedures.
2. Expenditures from the PDR Program Account shall be limited to interests in
qualified agricultural. k H`,` 1 %- 11"d 01 :: I. _ i;;,l land participating in Whatcom
County's Agricultural. i ,.,rt 11 }. 30d I .. _rr.ii Purchase of Development Rights
Program, and other expenses necessary to the acquisition of— tgFietrlr-untl
conservation easements authorized under RCW 84.34.200 -.240,
3. The annual appropriation to the PDR Program by the County Council shall be
available for the calendar year in which the appropriation was made and or the
subsequent calendar year.
Revised and adopted, April 9, 2013 Page 26
APPENDIX A
Puff,=, .. Areas
F•r 111'r r
Revised and adopted, April 9, 2013 Page 27
APPENDIX B
I Forestrvl'Horitv Areas
L -j I
_Y
T
r#
e e
7- 1
Whatcom County
-Rural Study Areas and Agricultural Zone
11 3
lJ -
Revised and adopted, April 9, 2013 Page 28
APPENDIX C
Ecological Priorify ,Areas
Rmscd and adapted, Xx, 7.018 Page I
APPENDIX D
Maim, Reads
Revised and adopted, XX, 2018 Page 2
APPENDIX E
Soils List
Soil #
Soil Nn_me
APO
y/n
LESA
Group
PRIME
STATEWIDE
IMPORTANCE
S#te
Index
1
2
3
4
I ANUIC CRYOCIIKF.I'l'S - GO J'U 90';o SLOPES
r1 NDICCRYOCTIIZFPIS- IZ( X' KOL) TCIZOPCONll'[.FX- 60109n9'�SIOPFS
C AN'DIC XEKOCI- IR[:PTS - 60 10 90:', Si OPr.S
I ANDIC XEROCIIRLP'f S -KOOK OUTCROP COMPLEX - 601090 %SLOPES
N
N
N
N
O
0
O
0
O
0
1)
0
3
3
S
I ANDIC XLROCHREPTS -COOL ROCK OU [CROP CO.NIPLFX -60 TO 1)w/l SLOPES
N
0
0
4
6
7
8
9
10
IL
I BARNES rON GRAVELLY LOANI- PT08 °VoSLOPES
I BAKNES ION VERY GRAVELLY LOAM d l0 159d: SI OPUS - -
I BARNFSTON VERY GRAVELLY LOAM - ISTO 30 %SLOPES
BARNESTON VERY GRAVELLY LOAi \I- 301`060% SLOPES
l BARNI IARiJ'r GRAVELLY L DAM -0 TO 590 SLOPH
I HELLINGHAM SILTY CLAY LOrVNI- 01- 02 %SLOPES
N
- N
N
N
N
N
0
0-
l)
0
4
O
0
—•, 0_
O
0
4
2
2
2
2
2
3
3
12
13 I
H
15 J
16 I
17
I8 _ ff
19 1
1I BIRCHBAYSILTLOAM - 0103 %SLOPFS _
BIRCHBAY' I LOAM -3 TO 8?/. SLOPES
BIRCHB 1Y SILT I O1i \1 - 8 TO 15:1. SLOPE'S
HI.AINE.GATF.SILTYCLAY -030; %SLOPES
BLAI NEGATE- URBANLAN'D CO \4PLEX -0101 %SLOPES
BLE''. I (EN GRAVELLY LOAM - 5 FO 5::6 SLOPES
BLEI HEN GRAVELLY LOAM 131'0309' SLOPES _
BLFTI IFN GRAVELLY TO A11 - 30 I'0 60 °.6 SLOPES
Y
Y
}
N
N
N
-- N -
N
I
I
o
0
0
0
0
0
I
1
0
0
0
0
I]
0
Yes
Y"
.yen
3
3
3
3
3
3
10 13LE -['IFN VERY BOCLDFRY LOAM -5TO 40% SLOPES N 0 0
21 I
HOROSAPRIST.S -[)TO 2% SLOPES
N
0
0
..
22
23 I
24 I
25
BRISCOTSILT LOAM DRAINED - 01`02 %SLOPES
BRISCOT ORIDIA AND SLMAS SOILS -0'rO 2% SLOPES
CHUCKANCT LOAN? -.3 TO d %SLOPES
CHUCKANLir LOA;Y1- BEDROCK SUBS [_BATUM - S 1'015',. SLOPES- -
Y
N
N
N
3
0
0
0
5
5
O
Y"
2 --
2
26
27
_
CI-IUCKANUI LOAM-HE DROCK SUBSTRAI LM -15.1. 030 %SI.OPIiS
CI IUCKANCT LOAM- RRDROCK SUBS FRAI UN1 - 301 -0 60 °% SLOPES
N
N
0
0
0
0
yes
2
2
2
28 CFIUCKANII L- SHALCARCO_MPLCX- 01015 %SLOPES NI 0 0 yos
_
29 I CI IUCKANUT -URBAN LAND COMPLEX - 5 TO 20° %o SLOPES _ NL 0 _ 0
30 I CLENDENEN GRA VPLLY_SH.7 LOANt - 5'TO )U ":o SLOPES N 0 0
31
CLIPPER SILL LOAN4 -DRAINED -0TO 2%SI.OPES _ -"v-
Y
2
2
32
COMAR SILI LOAM - 5 10 5% SLOPES
N
0
0
yes
2
33
-34
35 I
36
CO:MAR SII,I'[.OAivl- 15'7030 %SLOPES
CONIAK SILT LOAM - 30 TO 60% SLOPES
CR[NKEK VERY CHANNERY SILT LOAM - 30 1'0 60°, %n SLOPES
CUPPLES GRAVELLY LOAN- 51030%SLOPES
N
N
N
N
0
_.0_..
0
0
0
0
0
0
ycs
_ _
2
2
2
37
CUPPLES GRAVELLY LOAM -30 TO 60% SLOPES
_ N _
0
0
2
38 I
39 I
40 I
41
DEKAI'LN LOAM - 8 10 25% SLOPES
I)FMINGGIZZAVFI.1,YSnTI.OAM- 53'030% SL01'ES
DEVIINGGRAVELLYSILTI- OAiM -30 TO 60 %STOOPF,S
DIOBSGD GRAVELLY SILT LOANI - 30 10 60 %SLOPES
N
N
N
N
0
0
0
0
0
0
0
0
3
ddI
42 1
_
ED FRO VFR Y GRA VF LLY S I LTI.OA.\1 -8 TO 30 %SLOPES
N
0
0
43 I
FDFRO V'LKY GRAV FLL.Y S LT LOAM - 301000 %SLOPITS
_
N
0
0
Revised and adopted, XX, M8 Page I
44
45 I
EDFROV'ERYSTON YSII "'LOAM- 30.060;1 °SLOIl:S
EDMCINDS- WOODLYN LO MS DRAP,F.D - 0 [O SLOPE'S
N
0
0
Y
3
3
46 I
ELIZA SILT LOAM - DRAINED - 0 1-0 I'Y° SLOPES
N
0
0
47
48
49
ELI %tA- TACOV1,A SIL'I LOAMS- 0101 %SI,OPIS
N
N
N
0
U
EVEREI f CRAVEL,LY SANDY'OANI- HARD SC BS I RA ILN7- 21-08 "nSIOPUS
0
0
-
3
3
INFRE1 -I VERY GRAVEI I V SANDY LOAiV1 9 T Ii ",B SI OPES
0
0
50
51
52 I
53
54 I
EVERE IT VERY GRAVEL LY SANDY LOAM -I5 TO 35 ".' °SLOPES
!.VERFTT CO.b1PLEX - 2.10 8';'° SLOPES
EVEREYI4 , RBP.N;,ANDCOMPLEX 57020 %SLOPES
EV I'. RSON SIL: f LOAM DKAINE;D - i; '0 24'° SLOPES
FISI I I RAP MUCK- DRAINED - 0 10 2l'° SLOPES
N
N
N
0
0
.0
3
0
3
3
0
0
N
2
2
Y
3
2
55 I
56 I
57
GALLUP SIL.I LUANI -10 f0 W4, SLOPLS
GALLOPSLLI LOAM - 60TO80j
G.ALLLP SI[ T LOAM -COLD - 301 -0 (i0 ° -6 SLOPES
N
N
0
0
0
0
58
59
60 I
61 I
(12 I
Ci AI LLI'SIII "LCIAM -COLD -60 TO 80 °SLOPES
CET'CLIELLLOAM- 3'1-030:, °SLOI'LS
CiHCHF:l 1.1 OA.N1- 301O6O %SLOPES
HALES[LI LOAN-I -O 102 %SLOPES
_ IiALENILI LO,A:VI- DRAINF<D -0 TO '_:a SL01'ES
V
0.
Q
N
0
0
N
N
0
0
0
2
4
Y
2
2
4
63
64 I
65 I
LOAM DRAINED -O 101 %SLOPES
HANNEGA.N VERY GRAVELLY LOAN'- 151040! SLOPES -
HARIXIl SILI:.OA:N'I- COLD -51030 %SLOPES
N
N
0
2
— - - -�-
0
0
t
0
-- 0 --
66 I
67 I
68 {
HAR- FNiTSILL LO. \VI-COLD 301- 060`%'°SLOPES
HARINI I- GALLUP -ROCK 0U ICROI'COli I'!,hX- 101080 %SLOPES
lIEIS1, FIZ VERY GIL< \V'P.ILYSILT LOAM - 810304a
FJP.ISI FR VERY GRAVELLY SILI LOAM- 301-060" - .SLOPES
FIINKER VERY CH.ANNERY SILT LOAM - 5 TO 30 %SLOPES
HNKFR VERY CHAN -NBRY SIL I LOAM 10 TOGO SLOPES
1IIS'I OSOL S PONDED - 0 10 SLOPES
N
0
1)
N
1)
0
_
2
N
N
0
0
0
0
69 I
70 1
71 1
72 I.
2
N
N
N
0
0
0
0
0
0
, 73
74 I
75 I
76 I
77 I
78 I
I- IOVU[,SIL.I LOAM -0 [O 2% SLOPES
N
N
N
N
N
0
0
IIOLON1ELiN GRAVh:LLY'L0:1 ] -0- 201 "U AS %SLOPIiR
HYDRAOUENTS- 1'ITAL, -010 CY°SLOPES
JAC KNIAN GRAVELLY SILT LOAM - 301060 %SLOPES
0
0
0
0
0
1)
JORGENSFNGRAVELLYSL LI:OAN4- 3 TO 15%SLOPES
0
0
0
0
2
JUG VERY GRAVELLY LOAM- 31015°r°SLOPP.S
N
79 I
80 !_
81
KICKF..RVILI.E' $IL'i I.pAk1 - U TO 7 °r�� SLOPES
KICKra1VULFSICLOA \1 -3 TO8 %SL0PES
KICKk;KV1LLF511'f LOAM- RlOIS °i6 SLOPES
Y
j
Yes
2
2
- 2 --
Y
N
1
1
0
0
82 I
93 _ I
84 I
85 -
86 I
KICKL' RV1 1. LE- URBANI,ANDCOM1'LEX- 01'03 %S1.OPFS
KNDY GRA YELLY SILT_LOA \4_ -8 10 30 °r° Si3O'I 5
KI,ND1 (RAV[?L.LYSJLT LOAN 30JO60%B SLOPES
KIiN"DY -OSO COM PI. EX -5 TO 10 %SLOL'ES
KLAWAI -I I VLIRY' (iRAV LiL.LY LOAM - 10 LO 60°5 SLOPES
K:.r \VV'A 17 -[ V GRAY E....V SANDY L0;1VI SERI'EN ,IN6 Ifs TO 30 °.6 SLOPES
KLAWAf1i V( iRAVELLYSA.\ DYI, OAMSERPI'.N'[NI?- 101'030$SLOPES
KLAWA'I- f1 -ROCK OG1 CROP COMPLEX- COTO80%SLOPES
KLI \E GRAVELLY SANDY L RANI - 2 10 8° o SLOPES
KGLSHAN LOANI - 5 I0 3G% SLOPES
N
N
0
0
2
4
0
0
N
N
0
4
0
0
N
N
N
0
0
0
0
0
0
87 I
88 I
89 I
90
91
N
0
ll
0
0
3
N
0
N
0
qI
92 1
93 I
KIL.SHAN LOAN[ -30 CO 60;o SLOPES
1 AROUN'TY SI['f LOAM - 0 TO 2% SLOPES
N
N
0
+'
0
2evised Arid adopLed. XX, 2018 Page I
94
95
96
I LA HOGN1 YSILF LOAM -DRAIN ED- 01O'°%SI.01'liti
L:1RUSlISILTf_0: \,\,I 103° %°SLOPES
I LAX'FON LOAM - 0 TO 30% SLOPES
N
Y
Y
0
3
2
3
I.
..
2
2
j7
LAXTON [,OA,,L 310 x ° %o SLOPES _.
Y
I
_
I
2
98,
LAKI ON LOAM - x -1O 15% SLOPES
N
O
O
yes
2
99
LYNDFN SANDY LOAM
- - Y --
1 -_"
4
-
3
100
101
102
I [ YNDI:N SANDY LOAM - 3 TO 7% SLOPES
LYNDEN -URBAN LAND COMPLEX -01-05 %SLOPES,
I LYNNWOOD SANDY LOAM -0 -1.05 %SLOPES
Y
N
N
1
O
0
4
0
0
3
3
3
103
LYNN WOOD SANDY LOAM - 5 TO 20° o SLOPES
N
0
0
Yrs
3
104
I .MON ]BORNE GRAVELLY LOAM - 5'I "0 30% SLOPES
N
0
0
3
105
I AION IBORN F'GR.AV L:LLY "LOAM -3U 1O 60: %SI,OPFS
N
0
0.
3
106
107_
lOB
-_—
110
o
I MONTL30RNI:RINKER COMPLEX- 30T060 %SLOPES
I MT VERNON FINE SAii DY LOASI - 0 TO 2% SLOPES
NA1f LOAM - 5 l0 15% SLOPES
_...,- ..._�.. --
NA I'D LOAM - 15 TO i090 SLOPES
I NATI LOA,',( - 30 10 60 -A. SLOPES
N
Y
N
N
N _
0
2
0
O
O
0 i
3
0
0
0
yes
Y es
3
2
2
Z
3
3
2
_
II1 I .NUFLNIEVERYGRAVI:LLY SANDY LOAM -L'T0 J". SLOPES �I 0 0
_
112 ( OAKES VERY GRAVEId,Y I OA.M- 8 T 10%SLOPFS N 0 - 0
113
114
115
I OAKES VERY GRAVELLY LOAM - 30 I'D 60 %SLOPES
OAKES VERY GRAVELLY LOAM -60 TO 80% SLOPES
I ORI DI .A SILT LOA M- DRAINED -0TO 2% SLOPES
N
N
Y
0
0
3
0
Q
7
2
4
116
117
118
119
I PAN'GI30RN MUCK- DRAINED -0 TO 2% SLOPES
PICKS-1 F -ROCK OUTCROPCO\ /PLLX -5 IO 30:A SLOPES
I PLCKE,I I'- ROCK OUT( ROPCOV1PLEX -30 fOCIO%SL.OPI:S
I PILCIIUCK LOAMY FINFSAND -0TO 1 %SLOPF_5
Y
N
- N
N
3
0
0
O
c
0
O
- __ -�•(1
-
4
4
3
120
I PrrS
N
0
0
--
121
PO (CHUB LOAM - 8 TO 30% SLOPES
N
0
0
122
!I
1I PO FCI IUH L0:1M - 30 TO 60 %SLOPES
N
0
0
123
f PUGL?I SILL LOAM- DRAINED -0 -P02 %SLOPES
Y
3
5
124
125
I� PUYALLUP FIN E SANDY LOAM -0102 %SLOPES
I REVEL LOAM - _5.1.0 30 °! SLOPES
Y
N
2
Q
3
O
- - - --
2
4
4
126 I REVEL LOAM - 30'1060 %SLOPES N Q 0
1Z7
REV FI.- WHLCOME -ROCK OUT CROP COMPLEX- 30TO 613°,°6 SLOPES
N
0
0
4
128
I RINKER VERY C'HANNERY SILT LOAM - 9 1-0 309'o SLOPES f
N
0
O
3
129
130
131
I PINKER VERY CIIANNERYSILI-LOA.NI- 301 - 060 %SI.OPL3S
I RLVERWASH
I ROCK OUTCROP
N
N
N
O
0
0
0
0
0
3
132
ROCK OUTCROP- KLILSHAN COMPLEX - 601 "090 %SLOPES
-
N
0
0
133
I RL;I3H1.E I-AND
N
0
0
134 I S AAR G RA V E I. LY S ILT LOAM -S FO 30%SL_0 PES N 0 0
135
SAAR GRA VELLY SI LT LOAM- 30 FO 60°x° SLOPES
N
0
0
136
1I
I SAAR - H A R EN 11 COST PL E.X -5 TO 4044 S1.0 PPS
N
0
0
137
138 _ _
I SANDLNVERYGRAVELLY SANDY LOAM -5 "1030 %SLOPES
I SAND[;' V; RY GRA_VELL.Y SANDY LOAM - 30 FO 60:" SLOPES
N
N
O
0
Q
0
139
I SF.HOME LOAM - 2 1-0 8% SLOPES - _ -�
Y
0
p
2
1_40 _
-_ SEHOMF LOAM - 8 FO 15 °.o SLOPES _
N
0
0
yes
2
_141
SEHO"ILs GRAVELLY LOAM - 1570.30 %SLOPES
N
0
0
Yea
2
142
SFHOMLGRAVELLY LOAM- 30TOo0 %SLOPES
N
0
0
2
143 SIIALCARML�CK- DRAINED -0 1702 %SLOPES Y 3. 2
Revised and adopted. XX, 20Lf) 1"AKc S
14d I
145 I
SL1rAi:C'A[i ,1tio rl$I TI'Rn.PSfllf.5 OTO �! �.I..r7PL�5
N
0
0
2
0
SI IUKSA\ GRAVEL LY SILT wikm -5TO JO %SLOPES
N
_
146 I
SHUKSA'\ GRAVLLLY 511.1 I.OA; %l -30TO 60% SLOPES
N
0
0
147
SI ICKSAN- KCISHA N- ROCKO(,ICRC)PCOMPL.EX- 5OTO8c) %SLOPE'S
N
Y
0
0
0
1
p�
148 1
SKLPOPA SIL I- LOA•VT -0TO 8 % SLOPES
SKIPOPA- ALA [NFGATECOMPLEX- 01'08:'°S[.OPES
3
149
N
0
0
3
150 I
SKYKONIISIl VERY GRAVELLY LOA.NI - 3 FO ]O'A SLOPES
N
0
0
3
151
9, \0I- I0MISH SILT1,0AM- DRAINED -010 2% SLOPES
Y
3
5
0
0
152
SNOQUALVIIE.(1R VELLY LOAMY SA N D- 010' %SLOPES
N
N
0
0
0
0
0
3
153
SORPNSL N, VCRY GRAVE.I- 1- Y SILT LOAM -87030 %SLOPES
SOPEN'SI-N VERYGRAVELLY SIL P LOA M- 30'[060°.0 SLOPES
— ____........ _
.SPRINGSTEEN VERY GRAVEL .[,)' LOAM -3: TO 60% SLOPES
SQI�ALIC: M GRAVELLY LOAYL - 5 1'O 5%SL0Y6:5
G 1VELLY I OAM- 15 [0 30 %S` OPES
2
154
155
156
157
N
.-
N
0
2
0
0
Ifc'
2
N
N
0
0
ties
2
_,158 _
159 J4
160 I
_SQUAL,CUkl
J.OI�AI,ICUVI G4�IVELI.Y LOAM- 30 it) 6Uio5LOPI S
_ -_._
\ ....,.
N
N
.._
N
0
0 -
_
0
�), ..._ .
0
5
2 -_...
__ _ .. .m.w
SQL, ALICL' M- LAWAN LAND COMPLPX- 5ATO20 %SlOPFS
0
.. _
...— .,_
2
.. ... I(Y% SLOPES
:ti1�1 RrtiY{ »RYf71n4VF:RYI,f1d7L- 5TQ_..�_._ _.
SOLIIRI=.S VERY CfIAN''NERY LOAM - 301060% SLOPES
SL'MASSILI - I OAM- DR.AINIED- 0102°ro SLOPES
0
0
3
2
161 I
2
162
Y
4I
143 P
164
TACOM; \51L1 LOAV1- 0JOi %S[.OPES
GVCOMA SILT LOAM- DI'AINED- O 10[ %St ODES
N
0
0
N
y
0
1
0
165 I
ROMP L.CAM -01'0 2 °r� SL -61'ES —. ._.
._ 3
166 I
167 I
168
169 I
IWINSIVC. RY (iRAVELLYLOAV1- 3(, 1060 %SLOI'1'.S
T'WINSI VLRY STONY LOAM - 30 10 60% SLOPES
TYPICCRYORTHOIIS -60 -1090 %SLOPES
N
0
0
N
0
0
N
0
0
TYI'IC' CRYOR moDS -ROG: OU rCROP CO.V[PL I ;X -60 I0 WI SLOPIES
N
0
0
170
_. .....
TYPLCi'SA \4 \1 r10UP, ?; TS -TI D.AL -OTC) I °.SLOPES
N
0
0-
.- .. ....
171 I
—...._......__....�
URBAN LAND
N
0
0
172 I
173 �1_1
URBAN Lr1 ND- Wi iA: CONI- L;U3OGSTY COMPLEX - 0108°LSLOPES
r V ERY CRAVFL,LY LOAM - 5 r0 .5 °'i SLOPES - _
N
0
0
2
N
0
0
2
174 1
_VA.\_ZAND
VAN %ANDI VFRY GRAVELLY LOAM- 15 1'030%Sf OPHS
N
0
0
2
175
VAN'7.AN D3 VERY GRAVI:I,I.Y LOAM 30 TO 6C1% SLOPES
WELCOME LOAM -5TO 30 ° %SLOPLS ~Y
W ELCOME LOAM - 30 TO 609,6 SLOPES
N
0
0
2
176 I
N
C)
3
177 I
N
0
0
3
178
179 I
W1IA'I'COM SILL' LOAM - 0 TO 1 %a SL ITS
y
Y
2
4
1
1
2
2
WHATCOM SILT LOAM - 3 TO 8% SLOPES
180
181 I
182 I
163
Wl IA rCOM SILI LOAiV1 -8 LO!5% SLOPES
N
0
0
4
0
0
0
2
0
yes
2
WI IATCOM SILT LOA..Nl - 10 10 (0,'a SLOPES
i.AR(1c: rY SI LT LOA%IS- 01'08 %SLOPES
N
2
N
2
2
_W'HATCOM- __ -----
WILATCOM- LABOUN LY Sit I- LOAMS -0' "1 "015 °1 °SLOPES
....__..........'
N
184 I
185 I
186 I
WI 11-1 El TORN WILI LOAM -0 102 %SLOPES
WICKERSl IA. %I CHANNERY S11 T LOAM - 0 TO 8% SLOPES
Y
3
2
N
4
4 - --
1
-- - _-
2
WINSION'SILYLOA)-1 -OTOJ %SLOPES
Y
0
2
187
188
L89
WL \S'I'O\ LOr1 iV1 - i f0 IS% 51,01'f'.S
N
N
N
0
0
0
0
yes
2
W INSTON LOAM - 15 TO 40% SL01'ES
WISEMAN VERY CHANNERYSAND LOAM SLOPES
0
0
Yes
2
3
190 I
WOLLAIID GRAVELLY SHX LOA:V1 - 30 TO 60% SLOPES
N
Y
0
1 — ,-
0
0
- - - -^�
0
T
191
YEL.M LOAM - 3'T0 SV° SLOPES
YEI,M- L:RBAN LAIN 1) COMPLEX - 1) 103 %SLOPES
2
2
192 I
N
ReVlSI'd'dfld adopted, XX, 20L8 i'ayc g
APPENDIX PF
Model Conservation Easement Deed
A s.-imple Cori scnation Easement heed httticel on the assumpt ion of matching funds from the
USDA MRCS i irm mKI-R etit-41 kinds Pa x. �r,�tiuil 1 +_ri utturaLC nrt�cr%_ati+ini F.asejjjc'tjt ProLyram,
is included in the following pages.
t�cvised grid aduifIrcd, XX, 1013 Page 7
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
Revised and adopted, XX, 2018 Page 8
a
State, ofl Washington
DEEf=ARTMENT OF DISH A114"D WILDLIFE
N "i�` f l :ls;( rl(i � ' . ,jlCi l cl 16OV !1r`d! ('vef* F3 vo M4Ii Lft.E.'C, V,! H1 ;).a0 3iJ 1 2 - 129
(,IZ:) 775 3 11 ,:3X ;'426) 33i> 1065
November 2, 2018
Whatcom County Council
311 Grand Avenue, Suite 105
Bellingham, WA 98225
Dear Whatcom County Council members;
The Washington Department of Fish and Wildlife (Department) recognizes the economic, cultural,
and environmental importance of farmland, forestland, and ecologically significant areas to the
citizens of Whatcom County and Washington State. The Whatcom County Purchase of Development
Rights Program (PDR) was initiated to counter the rapid rate of development in the county and
subsequent loss of farmland through purchase of development rights on qualifying properties. A
proposed amendment to the PDR Program allows the county also to consider and support
applications pertaining to purchase of development rights on forestlands and lands of ecological
significance, thus preserving the unique and valuable qualities of these land types in perpetuity. After
review of the proposed changes, the Department approves of the enhanced conservation
opportunities provided by these amendments to the existing program.
Sincerely,
Robert Waddell,
District Wildlife Biologist, Skagit and Whatcom Counties
Washington Department of Dish & Wildlife
PO Box 1100
La Conner, WA 98257