HomeMy WebLinkAboutres2022-008•
Whatcom County
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
t
Bellingham, WA 98225-4038
(360) 778-5010
.
Agenda Bill Master Report
File Number: AB2022-080
File ID:
AB2022-080
Version: 1
Status: Approved
File Created:
01/26/2022
Entered by: DBrown@co.whatcom.wa.us
Department:
Council Office
File Type: Resolution
Assigned to:
Council
Final Action: 02/08/2022
Agenda Date:
02/08/2022
Enactment #: RES 2022-008
Primary Contact Email: DBrown@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Resolution supporting state legislative action resetting the deadline for participation in the voluntary
stewardship program and supporting the consideration of an ordinance consistent with RCW
36.70A.710(b)(i-iii) in the event such legislation is passed
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This resolution affirms the County Council's support of HB 1856, which would extend the deadline for
counties to participate in the Voluntary Stewardship Program to July 1, 2023.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
02/08/2022 Council APPROVED
Aye: 6 Buchanan, Byrd, Donovan, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Recused: 1 Elenbaas
Attachments: Proposed Resolution
Whatcom County Page 1 Printed on 2/9/2022
PROPOSED BY: Council
INTRODUCED: FEBRUARY 8, 2022
RESOLUTION NO. 2022-008
RESOLUTION SUPPORTING STATE LEGISLATIVE ACTION RESETTING THE
DEADLINE FOR PARTICIPATION IN THE VSP AND SUPPORTING THE
CONSIDERATION OF AN ORDINANCE CONSISTENT WITH RCW 36.70A.710(b)(i-iii)
IN THE EVENT SUCH LEGISLATION IS PASSED
WHEREAS, the Washington State Growth Management Act (GMA) requires counties
to develop plans for managing population growth and development; and
WHEREAS, GMA comprehensive plans must identify and protect critical areas,
including those on agricultural lands, and they also must preserve farmland; and
WHEREAS, prior to 2011, the main tool for counties to protect critical areas on
agricultural land was regulation, and this led to many legal battles; and
WHEREAS, the Washington State Legislature created the Voluntary Stewardship
Program (VSP) in 2011 to give counties the option to develop locally led work plans that use
voluntary, incentive -based tools to protect critical areas and viable agriculture; and
WHEREAS, pursuant to RCW 36.70A.710(l)(b), in order to be eligible to participate
in the VSP, a county legislative authority was required to elect to participate within six
months after July 22, 2011; and
WHEREAS, while 27 counties timely elected to participate in the VSP, Whatcom
County did not and, therefore, it is not currently eligible to participate in the VSP;
WHEREAS, in January 2020, Washington State Senate Bill (SB) 6545, a bill that
proposed resetting the deadline for a county to join the VSP to July 1, 2021, was introduced
and its replacement bill, Substitute Senate Bill (SSB) 6545, did not pass;
WHEREAS, a similar bill, Washington State House Bill (HB) 1856, proposing
resetting the deadline for a county to join the VSP to July 1, 2023 has been introduced in
the current legislative session;
WHEREAS, the parties in Whatcom Farm Bureau, et al. v. Whatcom County, GMHB
Case No. 18-2-0001, recognize that the County's participation in the VSP could resolve the
Petitioners' issues with the County's current regulatory approach to protecting critical areas
on agricultural lands in the County's critical areas regulations (WCC Chapter 16.16);
WHEREAS, the parties in Whatcom Farm Bureau, et al. v. Whatcom County, GMHB
Case No. 18-2-0001 agree that it may be in the best interest of Whatcom County if the
state legislature extended the deadline for participation in the VSP as it could allow
Whatcom County to consider a non -regulatory option to protect critical areas on agricultural
land that brings all stakeholders to the table to discuss and resolve conflicts, rather than
costly, time-consuming litigation.
Page 1
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that it is
supportive of HB 1856, which would extend the deadline for counties to participate in the
VSP until July 1, 2023, and it urges the state legislature to adopt this bill;
BE IT FINALLY RESOLVED by the Whatcom County Council that, if the deadline is
extended, the County Council is supportive of considering the adoption of an ordinance
establishing the VSP in Whatcom County, consistent with RCW 36.70A.710(b)(i-iii).
APPJ� ,QMIF;pj,�hiS 8th day of February , 2022.
a
09
'OtJ WHATCOM COUNTY COUNCIL
ATT, T.Q C, WHATCO,M COUNTY, WASHINGTON
DaP% Bro"Clerk of;the Council Todd Donovan, Council Chair
APPR6VE.D, ASTO FORM':`
/s/ Karen Frakes (approved via e-mail) / JL
Karen N Frakes, Civil Deputy Prosecutor
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