AN ACT Relating to farm land protection; amending RCW 84.34.020 and 7.48.310; adding a new chapter to Title 89 RCW; and making appropriations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The protection of farm land and the farming economy which such land supports is a matter of concern to all citizens of the state. In taking actions which may affect farm land, all state agencies and units of local government shall to the fullest extent possible avoid indiscriminate and excessive changes in farm land use. It is the intent of the legislature to provide state-wide goals and incentives for the protection of farm land, while providing maximum flexibility to local government and the private sector to achieve these goals.

NEW SECTION. Sec. 2. The legislature finds that:

(1) Action taken to avoid indiscriminate or excessive changes in farm land use will:

(a) Assist in maintaining a strong agricultural economy;

(b) Assist in maintaining rural lifestyles and the open spaces upon which both urban and rural dwellers of the state depend;

(d) Reduce the costs to rural residents of public service extensions caused by urbanizing uses in farm land areas;

(e) Reduce the wide fluctuation in farm land values caused by excessive land speculation based on anticipated land use changes;

(f) Encourage the production of specialty and alternative crops; and

(g) Promote local and regional farm markets;

(2) Inappropriate farming practices and excessive farm land changes in use have caused:

(a) A tripling of erosion rates in the state between 1977 and 1982;

(b) The loss of productivity of farm lands;

(d) An increase in pollution of the state's waters; and

(e) An increase in the costs of repairing rural roads and removing of sediment from waterways and ditches;

(3) County governments have jurisdiction over the vast majority of the state's farm land and are the appropriate unit of local government to plan for the protection of farm land;

(4) County strategies for farm land planning and protection have been diverse and innovative, but will benefit by the provision of state guidance and financial and technical assistance;

(5) Existing information on the conversion of the state's farm land to other uses is inadequate, and a state-wide inventory of such changes is needed;

(6) The adoption of state policies and local farm land protection plans provide greater local control over federal actions affecting farm land and the state's agricultural economy; and

(7) Protection of the state's farm land contributes to the state's strong tourist and recreational economy.

NEW SECTION. Sec. 3. The definitions in this section apply throughout this chapter.

(1) "Farm land" includes all land meeting the definition of farm and agricultural land under RCW 84.34.020. "Farm land" does not include any timber land as defined in RCW 84.34.020.

(2) "Designated farm land" means those lands identified in county farm land protection plans pursuant to section 4 of this act.

(3) "Commission" means the state conservation commission.

NEW SECTION. Sec. 4. (1) By January 1, 1990, each county shall adopt a plan for the protection of farm land. The plan may be incorporated into any existing comprehensive plan adopted under chapter 36.70 RCW, or into any existing plan for the protection of farm land.

(2) Each county farm land protection plan shall contain the following elements:

(a) Planning goals to protect designated farm land from indiscriminate or excessive changes in land use and to prevent excessive soil erosion and sedimentation;

(b) An inventory of the farm land within the county, describing the amount, location, and quality of farm land, and identifying the location of highly erodible farm land;

(c) Measures implemented through county ordinances designed to achieve the goals of this chapter and the plan for the protection of designated farm land; and

(d) A designation of farm land to which the implementing measures described in (c) of this subsection apply.

(3) The inventory of farm land shall be compiled using definitions and standards developed by the commission. By July 1, 1989, and by July 1 every two years thereafter, the county shall provide a report to the commission on the changes in farm land uses within the county for the immediately preceding biennium. The commission shall develop guidelines for the preparation of the reports. The commission and conservation districts shall provide assistance to counties in the preparation of the inventory and reports by compiling all existing state and federal data on farm land location, quality, and amount.

NEW SECTION. Sec. 5. To the fullest extent possible, all actions by state agencies that may affect designated farm land shall be consistent with the applicable county farm land protection plan under this chapter.

NEW SECTION. Sec. 6. The commission shall provide assistance to counties in the preparation of farm land protection plans, including the compilation of existing state and federal data on farm land within the state for purposes of incorporating such information in county farm land inventories. The commission shall provide technical assistance to counties developing implementation measures in farm land protection plans.

By January 1, 1990, and by January 1 of the first year of each biennium thereafter, the commission shall submit to the legislature and the governor a report on the changes in farm land uses state-wide during the past biennium, using the county farm land inventories and reports prepared under this chapter.

Sec. 7. Section 2, chapter 87, Laws of 1970 ex. sess. as last amended by section 227, chapter 3, Laws of 1983 andRCW 84.34.020 are each amended to read as follows:

As used in this chapter, unless a different meaning is required by the context:

(1) "Open space land" means (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (vi) preserve historic sites, or (vii) retain in its natural state tracts of land not less than five acres situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification.

(2) "Farm and agricultural land" means either (a) land in any contiguous ownership of twenty or more acres devoted primarily to the production of livestock or agricultural commodities for commercial purposes; (b) any parcel of land five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter; or (c) any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income of one thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter. Agricultural lands shall also include farm woodlots of less than twenty and more than five acres and the land on which appurtenances necessary to the production, preparation or sale of the agricultural products exist in conjunction with the lands producing such products. Such appurtenances shall include migratory farm labor accommodations, bunkhouses, stockyards, barns, machine sheds, residences, and similar structures. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands". Any agricultural lands satisfying the definition in this subsection on the date in which the lands are placed into a conservation reserve by contract pursuant to the federal food security act of 1985, P.L. 99-198, shall continue to satisfy the definition of this subsection while subject to the terms of such contract.

(3) "Timber land" means land in any contiguous ownership of five or more acres which is devoted primarily to the growth and harvest of forest crops and which is not classified as reforestation land pursuant to chapter 84.28 RCW. Timber land means the land only.

(4) "Current" or "currently" means as of the date on which property is to be listed and valued by the county assessor.

(5) "Owner" means the party or parties having the fee interest in land, except that where land is subject to real estate contract "owner" shall mean the contract vendee.

(6) "Contiguous" means land adjoining and touching other property held by the same ownership. Land divided by a public road, but otherwise an integral part of a farming operation, shall be considered contiguous.

Sec. 8. Section 3, chapter 122, Laws of 1979 and RCW 7.48.310 are each amended to read as follows:

As used in RCW 7.48.305:

(1) "Agricultural activity" includes, but is not limited to, the growing or raising of horticultural and viticultural crops, berries, poultry, livestock, grain, mint, hay, and dairy products.

(2) "Farmland" means land devoted primarily to the production, for commercial purposes, of livestock or agricultural commodities, and, as to land lying outside incorporated city limits, land designated as farm land in a county farm land protection plan under section 4 of this 1987 act.

NEW SECTION. Sec. 9. Sections 1 through 6 of this act shall constitute a new chapter in Title 89 RCW.

NEW SECTION. Sec. 10. (1) The sum of one million nine hundred fifty thousand dollars, or so much thereof as may be necessary, is appropriated from the general fund for the biennium ending June 30, 1989, to the conservation commission for the purpose of equal grants to the counties of the state to carry out the purposes of this act.

(2) The sum of one hundred thousand dollars, or so much thereof as may be necessary, is appropriated from the general fund for the biennium ending June 30, 1989, to the state conservation commission to carry out the purposes of this act.