Brief Summary of Bill

Allows consideration of innovative zoning techniques and other measures to encourage the success of the agricultural economy regardless of urban growth area boundaries.
Removes a provision requiring nonagricultural accessory uses and activities to be located within areas already developed for buildings and residential uses on agricultural land.
Adds measures related to permitting efficiencies that counties and cities may consider to encourage agricultural business.
Authorizes the Department of Commerce to provide financial assistance to jurisdictions regarding measures encouraging the success of agriculture on agricultural land.

Background: Growth Management Act. The Growth Management Act (GMA) is the comprehensive land use planning framework for counties and cities in Washington. The GMA sets forth three broad planning obligations for those counties and cities who plan fully under the GMA:

the county legislative authority must adopt a countywide planning policy;
the county, and the cities within the county, must designate critical areas, agricultural lands, forestlands, and mineral resource lands, and adopt development regulations accordingly; and
the county must designate and take other actions related to Urban Growth Areas (UGAs).

Jurisdictions that fully plan under the GMA must adopt development regulations to assure the conservation of designated natural resource lands of long-term commercial significance. These same jurisdictions must also adopt comprehensive land-use plans to express the general land-use policies of the county or city, and development regulations to implement those plans.

Comprehensive plans must include specific planning elements, each of which is a subset of the plan. The rural element of a comprehensive plan must include measures that apply to rural development and protect the rural character of the area by, in part, protecting against conflicts with the use of designated agricultural, forest, and mineral resource lands.

Innovative Zoning Techniques. Counties and cities may consider innovative zoning techniques (IZTs) to conserve agricultural lands and encourage the agricultural economy. Allowable methods include agricultural zoning limiting density, cluster zoning, large lot zoning, quarter/quarter zoning, and sliding scale zoning.

Agricultural Accessory Uses. Counties and cities have authority to limit or exclude allowable accessory uses on agricultural lands. Allowable agricultural accessory uses and activities include those related to storage and distribution. Nonagricultural accessories and uses are allowed if they are consistent with the size, scale, and intensity of the existing agricultural use of the property and existing buildings onsite. Nonagricultural accessories may not extend beyond areas already developed for buildings and may not otherwise convert more than one acre of agricultural land to nonagricultural use.

Summary of Bill: Natural Resources Industries. A provision noting that encouraging the conservation of productive agricultural lands requires local governments to have a regulatory strategy that allows agricultural landowners to successfully engage in agriculture is added to the goals of comprehensive plans.

Agricultural Lands of Long-Term Commercial Significance. Counties and cities planning under the GMA may consider the use of IZTs and other criteria related to accessories regardless of whether the land at issue lies within a UGA.

A provision limiting nonagricultural accessory uses and activities to areas already developed for buildings and residential uses on agricultural land is removed.

Counties and cities may also consider the following measures regarding agricultural lands:

consolidating multiple permit requirements to create a more efficient permitting system;
reducing the amount of time required for permit review;
expanding opportunities for county or city employees to provide technical assistance to landowners who request assistance; and
increasing coordination among counties or cities and other agencies to avoid duplication of work during permit review.

The Department of Commerce is authorized to provide financial assistance to jurisdictions planning under the GMA to promote IZTs and other measures as amended in the bill.

Staff Summary of Public Testimony: PRO: This bill separated the Voluntary Stewardship Program section from SSB 5259 (2019). I want to provide meaningful regulatory processes to encourage the viability of the farming community. This bill is about creating local options.

CON: The removal of footprints for buildings will result in loss of agricultural lands. This bill will effectively de-designate farm lands without going through formal procedures.

OTHER: When it comes to the GMA and zoning, the way the counties interpret laws often harms landowners. The counties make it almost impossible to get any structures on your land, even for agricultural-based businesses.