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HomeMy WebLinkAboutres2025-023Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2025-565 File ID: AB2025-565 Version: 1 Status: Approved File Created: 07/24/2025 Department: Planning and Development Services Department Entered by: aharris@co.whatcom.wa.us File Type: Resolution Assigned to: Council Climate Action and Natural Resources Committee Final Action: 08/06/2025 Agenda Date: 08/06/2025 Enactment #: RES 2025-023 Related Files: Primary Contact Email: aharris@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution authorizing the Whatcom County Conservation Easement Program staff and Whatcom County Executive to proceed with the acquisition of conservation easements on four properties SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Conservation Easement Program staff and chair of the CEP Oversight Committee would like to provide an update on the program and request approval to proceed with the acquisition of conservation easements on four properties. HISTORY OF LEGISLATIVE FILE Date: Acting Body: 08/06/2025 Council Climate Action and Natural Resources Committee Aye: 2 Nay: 0 Absent: 1 Action: Sent To: RECOMMENDED FOR APPROVAL Galloway, and Stremler Donovan 08/06/2025 Council APPROVED Aye: 4 Buchanan, Donovan, Galloway, and Scanlon Nay: 3 Byrd, Elenbaas, and Stremler Whatcom County Page t Printed on 81812025 Agenda Bill Master Report Continued (AB2025-565) Attachments: Staff Memo, Proposed Resolution, Map, Presentation Whatcom County Page 2 Printed on 81812025 SPONSORED BY: PROPOSED BY: PDS INTRODUCTION DATE: RESOLUTION # 2025-023 AUTHORIZING WHATCOM COUNTY CONSERVATION EASEMENT PROGRAM STAFF AND WHATCOM COUNTY EXECUTIVE TO PROCEED WITH THE ACQUISITION OF CONSERVATION EASEMENTS ON FOUR PROPERTIES WHEREAS, Whatcom County government recognizes agriculture and forestry as major contributors to the local economy and 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 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 land, farm and agricultural land, and timber land, and a significant Conservation Futures fund balance is available for additional farm land protection efforts"; and WHEREAS, Ordinance #2002-054 adopted Whatcom County Code Title 3.25A that authorized the creation of a Purchase of Development Rights (PDR) program that offers voluntary fann agreements that include the purchase of agricultural conservation easements on fannable land within Whatcom County; and WHEREAS, Ordinance #2002-054 and WCC 3.25A established a Purchase of Development Rights Oversight Committee to provide review and assistance to PDR staff, and WHEREAS, The Whatcom County Council adopted the PDR Guidelines through Resolution #2002-040 which includes specific direction for program administration and conservation easement acquisitions; and WHEREAS, Ordinance #2018-065 amended Whatcom County Code Title 3.25A to direct the PDR Program to also offer voluntary agreements to purchase forestry and ecological conservations easements on working forestlands and important ecosystem areas within Whatcom County; and WHEREAS, Ordinance #2021-037 amended Whatcom County Code Title 3.25A to change the program name to be the Whatcom County Conservation Easement Program (CEP); and WHEREAS, Council, pursuant to Conservation Easement Program Guidelines, must affirm or modify the properties as submitted by the CEP Oversight Committee; and WHEREAS, Council has reviewed the applications and background materials at a public meeting, with input by County staff and CEP Oversight Committee members; and WHEREAS, Council has determined the proposed conservation easements are in accordance with their policy priorities and the requirements of Title 3.25A and the Conservation Easement Program Guidelines; and WHEREAS, The Natural Resources Conservation Service (NRCS) has approved matching funds to support the acquisition of easements on the Taylor property and Sanfi Acres Canyon Creek property; and WHEREAS, The US Forest Service has approved matching funds through its Forest Legacy Program to support the acquisition of working forest easements on the Sanfi Acres Maple Falls property and the Koblitz Red Mountain property; and WHEREAS, The Washington State Recreation and Conservation Office (RCO) has approved matching funds to support the acquisition of the agricultural conservation easements on the Sanfi Acres Canyon Creek property and the Sanfi Acres Maple Falls property; and WHEREAS, The CEP Oversight Committee voted on January 30, 2025 to update their business rules, allowing staff to secure approval from CEPOC on specific properties before funding is secured; however, approval is conditioned upon staff lining up matching funding before requesting approval for purchase from Whatcom County Council; and WHEREAS, The CEP Oversight Committee met on January 30, 2025 and approved easement purchases on the Sanfi Acres Canyon Creek property, the Sanfi Acres Maple Falls property, and the Koblitz Red Mountain property, contingent upon matching grant funding being secured; and WHEREAS, The CEP Oversight Committee met on February 20, 2025 and approved the Taylor property contingent upon matching grant funding being secured. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that: 1. The Conservation Easement Program proceed with the acquisition of four (4) conservation easements on the following properties pursuant to the process outlined in the CEP Guidelines: a. Sanfi Acres Canyon Creek property (FCE2024-02) b. Sanfi Acres Maple Falls property (FCE2024-01) c. Koblitz Red Mountain property (FCE2024-04) d. Taylor property (ECE2020-01) 2. The Executive is authorized to enter into a Purchase and Sale Agreement for easements on these four properties, provided: a. Appraisals are completed and conservation easements are drafted which meet the requirements of the Whatcom County Conservation Easement Program, and b. Landowners have agreed to the offer price and conservation easement conditions, and c. Budget authority has been adopted by the Whatcom County Council. 3. Expenditures of Conservation Futures Funds, within budget authority, are authorized to cover expenses associated with purchase of conservation easement, including title search and insurance, appraisal services, easement monitoring, and enforcement fees. APPROVED t day of Augutst, 2025 0 WHATCOM COUNTY COUNCIL AT T ®° , \,A A i' c w WHATCOM COUNTY, WASHINGTON E Cathy Halka, C nc &rk Kayle alloway, Council Chair !� TNTE OFF , APM'6VE15-a p " Approve` ovia emaili n 07/11/;,5by Kellen Kooistra Senior Deputy Prosecuting Attorney