S-1717

AN ACT Relating to open spaces; amending RCW 84.34.020, 84.34.035, 84.34.037, 84.34.050, 84.34.060, 84.34.065, 84.34.070, 84.34.108, 84.34.145, 84.34.150, 84.34.155, 84.34.160, 84.34.320, and 84.34.360; adding new sections to chapter 84.34 RCW; and providing an effective date.

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

Sec. 1. RCW 84.34.020 and 1988 c 253 s 3 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) any parcel of land ((~~in any~~)) that is twenty or more acres or multiple parcels of land that are contiguous ((~~ownership of~~)) and totals twenty or more acres (i) devoted primarily to ((~~the production of livestock or agricultural commodities for commercial~~)) agricultural purposes, or (ii) enrolled in the federal conservation reserve program or its successor administered by the United States department of agriculture; (b) any parcel of land that is five acres or more but less than twenty acres devoted primarily to agricultural ((~~uses~~)) purposes, which has produced a gross income from ((~~agricultural uses equivalent to~~)) such purposes of (i) as of the effective date of this act, one hundred dollars or more for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1992, and (ii) on or after January 1, 1992, two 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~~)) purposes which has produced a gross income of (i) as of the effective date of this act, one thousand dollars or more for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1992, and (ii) on or after January 1, 1992, fifteen hundred dollars or more, per year for three of the five calendar years preceding the date of application for classification under this chapter. Parcels of land that fall within the gross income limits of (2)(b)(i) and (2)(c)(i) of this section shall, upon any transfer of the property excluding transfers between spouses upon death of a spouse, be subject to the limits of (2)(b)(ii) and (2)(c)(ii) of this section. Agricultural lands shall also include ((~~farm woodlots of less than twenty and more than five acres~~)) such incidental uses as are compatible with agricultural purposes provided such incidental use does not exceed twenty percent of the classified land 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. 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". The land on which housing for employees and the principal place of residence of the owner of land classified pursuant to RCW 84.34.020(2)(a) is sited shall be classified as farm and agricultural land if: The housing or residence is on or contiguous to the classified parcel; and the use of the housing or the residence by the owner is integral to the use of the classified land for agricultural purposes.

(3) "Timber land" means any parcel of land ((~~in any~~)) that is five or more acres or multiple parcels of land that are contiguous ((~~ownership of~~)) and totals 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~~)) for commercial purposes and for which a timber management plan has been filed with (a) an application for classification pursuant to this chapter or (b) a real estate excise tax affidavit. 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.

(7) "Granting authority" means the appropriate agency or official who acts on an application for classification of land pursuant to this chapter.

(8) "Agricultural purposes" means the lawful, commercial use on a continuous basis, prior to and subsequent to application for classification, by:

(a) Raising, harvesting, and selling lawful crops;

(b) Feeding, breeding, managing, and selling of livestock, poultry, fur-bearing animals, or honey bees, or products thereof;

(d) Animal husbandry;

(e) Aquaculture;

(f) Horticulture;

(g) Christmas tree plantations or other short rotation high yield forest products;

(h) Participation in a government-funded crop reduction program, acreage set-aside program, or other government agriculture program; or

(i) Other activities as defined by rule following consultation with the advisory committee as established in section 15 of this act.

Sec. 2. RCW 84.34.035 and 1973 1st ex.s. c 212 s 4 are each amended to read as follows:

The assessor shall act upon the application for current use classification of farm and agricultural lands under ((~~subsection (2) of~~)) RCW 84.34.020(2), with due regard to all relevant evidence. The application shall be deemed to have been approved unless, prior to the first day of May of the year after such application was mailed or delivered to the assessor, ((he)) the assessor shall notify the applicant in writing of the extent to which the application is denied. An owner who receives notice that his or her application has been denied may appeal such denial to the ((~~county legislative authority~~)) board of equalization in the county where the property in question is located. Within ten days following approval of the application, the assessor shall submit notification of such approval to the county auditor for recording in the place and manner provided for the public recording of state tax liens on real property. The assessor shall retain a copy of all applications.

The assessor shall, as to any such land, make a notation each year on the assessment list and the tax roll of the assessed value of such land for the use for which it is classified in addition to the assessed value of such land were it not so classified.

((~~The assessor shall also file notice of both such values with the county treasurer, who shall record such notice in the place and manner provided for recording delinquent taxes.~~))

Sec. 3. RCW 84.34.037 and 1985 c 393 s 1 are each amended to read as follows:

Applications for classification under RCW 84.34.020 ((~~subsection~~)) (1) ((~~or (3)~~)) shall be made to the county legislative authority. An application made for classification of land under RCW 84.34.020 ((~~subsection~~)) (1)(b)((~~, or (3)~~)) which is in an area subject to a comprehensive plan shall be acted upon in the same manner in which an amendment to the comprehensive plan is processed. Application made for classification of land which is in an area not subject to a comprehensive plan shall be acted upon after a public hearing and after notice of the hearing shall have been given by one publication in a newspaper of general circulation in the area at least ten days before the hearing: PROVIDED, That applications for classification of land in an incorporated area shall be acted upon by a ((~~determining~~)) granting authority composed of three members of the county legislative body and three members of the city legislative body in which the land is located.

In determining whether an application made for classification under RCW 84.34.020((~~, subsection~~)) (1)(b)((~~, or (3)~~)) should be approved or disapproved, the granting authority may take cognizance of the benefits to the general welfare of preserving the current use of the property which is the subject of application, and ((~~may~~)) shall consider ((~~whether or not preservation of current use of the land when balanced against~~)) the resulting revenue loss or tax shift ((~~from granting~~)) and whether granting the application will (1) conserve or enhance natural, cultural, or scenic resources, (2) protect streams, stream corridors, wetlands, natural shorelines and aquifers, (3) protect soil resources and unique or critical wildlife and native plant habitat, (4) promote conservation principles by example or by offering educational opportunities, (5) enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces, (6) enhance recreation opportunities, (7) preserve historic and archaeological sites, (8) affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of the property: PROVIDED, That if a public benefit rating system is adopted under RCW 84.34.055, the county legislative authority shall rate property ((~~applying~~)) for which application for classification has been made under RCW 84.34.020(1)(b) according to the public benefit rating system in determining whether an application should be approved or disapproved, but when such a system is adopted, open space properties then classified under this chapter which do not qualify under the system shall not be removed from classification but may be rated according to the public benefit rating system: PROVIDED FURTHER, That the granting authority may approve the application with respect to only part of the land which is the subject of the application: AND PROVIDED FURTHER, That if any part of the application is denied, the applicant may withdraw the entire application: AND PROVIDED FURTHER, That the granting authority in approving in part or whole an application for land classified pursuant to RCW 84.34.020(1) ((~~or (3)~~)) may also require that certain conditions be met, including but not limited to the granting of easements: AND PROVIDED FURTHER, That the granting or denial of the application for current use classification is a legislative determination and shall be reviewable only for arbitrary and capricious actions. ((~~The granting authority may not require the granting of easements for land classified pursuant to RCW 84.34.020(3).~~))

Sec. 4. RCW 84.34.050 and 1973 1st ex.s. c 212 s 6 are each amended to read as follows:

(1) The granting authority shall immediately notify the ((~~county~~)) assessor and the applicant of its approval or disapproval which shall in no event be more than six months from the receipt of said application. No land other than farm and agricultural land shall be ((~~considered qualified~~)) classified under this chapter until an application in regard thereto has been approved by the appropriate legislative authority.

(2) When the granting authority ((~~finds that~~)) classifies land ((~~qualifies~~)) under this chapter, it shall file notice of the same with the assessor within ten days. The assessor shall, as to any such land, make a notation each year on the assessment list and the tax roll of the assessed value of such land for the use for which it is classified in addition to the assessed value of such land were it not so classified.

(3) Within ten days following receipt of the notice from the granting authority ((~~that~~)) of classification of such land ((~~qualifies~~)) under this chapter, the assessor shall submit such notice to the county auditor for recording in the place and manner provided for the public recording of state tax liens on real property.

((~~(4) The assessor shall also file notice of both such value with the county treasurer, who shall record such notice in the place and manner provided for recording delinquent taxes.~~))

Sec. 5. RCW 84.34.060 and 1985 c 393 s 2 are each amended to read as follows:

In determining the true and fair value of open space land and timber land, which has been classified as such under the provisions of this chapter, the assessor shall consider only the use to which such property and improvements is currently applied and shall not consider potential uses of such property. The ((~~assessor shall compute the assessed value of such property by using the same assessment ratio which he applies generally in computing the assessed value of other property: PROVIDED, That the~~)) assessed valuation of open space land ((~~with no current use shall not be less than that which would result if it were to be assessed for agricultural uses,~~)) shall not be less than the minimum value per acre of classified farm and agricultural land except that the assessed valuation of open space land ((~~with no current use~~)) may be valued based on the public benefit rating system adopted under RCW 84.34.055: PROVIDED FURTHER, That timber land shall be valued according to chapter 84.33 RCW.

Sec. 6. RCW 84.34.065 and 1989 c 378 s 11 are each amended to read as follows:

The true and fair value of farm and agricultural land shall be determined by consideration of the earning or productive capacity of comparable lands from crops grown most typically in the area averaged over not less than five years, capitalized at indicative rates. The earning or productive capacity of farm and agricultural lands shall be the "net cash rental", capitalized at a "rate of interest" charged on long term loans secured by a mortgage on farm or agricultural land plus a component for property taxes.

For the purposes of the above computation:

(1) The term "net cash rental" shall mean the average rental paid on an annual basis, in cash ((~~or its equivalent~~)), for the land being appraised and other farm and agricultural land of similar quality and similarly situated that is available for lease for a period of at least three years to any reliable person without unreasonable restrictions on its use for production of agricultural crops. There shall be allowed as a deduction from the rental received or computed any costs of crop production charged against the landlord if the costs are such as are customarily paid by a landlord. If "net cash rental" data is not available, the earning or productive capacity of farm and agricultural lands shall be determined by the cash value of typical or usual crops grown on land of similar quality and similarly situated averaged over not less than five years. Standard costs of production shall be allowed as a deduction from the cash value of the crops.

The current "net cash rental" or "earning capacity" shall be determined by the assessor with the advice of the advisory committee as provided in RCW 84.34.145, and through a continuing ((~~study within his office~~)) internal study, assisted by studies of the department of revenue. This net cash rental figure as it applies to any farm and agricultural land may be challenged before the same boards or authorities as would be the case with regard to assessed values on general property.

(2) The term "rate of interest" shall mean the rate of interest

charged by the farm credit administration and other large financial institutions regularly making loans secured by farm and agricultural lands through mortgages or similar legal instruments, averaged over the immediate past five years.

The "rate of interest" shall be determined annually by ((~~adoption of~~)) a rule adopted by the ((~~revenue~~)) department of ((~~the state of Washington,~~)) revenue and such rule shall be published in the state register not later than January 1 of each year for use in that assessment year. The ((~~determination of the revenue~~)) department of revenue determination may be appealed to the state board of tax appeals within thirty days after the date of publication by any owner of farm or agricultural land or the assessor of any county containing farm and agricultural land.

(3) The "component for property taxes" shall be a ((~~percentage equal to the estimated mileage rate times the legal assessment ratio~~)) figure obtained by dividing the assessed value of all property in the county into the property taxes levied within the county in the year preceding the assessment and multiplying the quotient obtained by one hundred.

Sec. 7. RCW 84.34.070 and 1984 c 111 s 2 are each amended to read as follows:

When land has once been classified under this chapter, it shall remain under such classification and shall not be applied to other use except a transfer between classifications under RCW 84.34.020 (1), (2), and (3), or between lands classified or designated pursuant to chapter 84.33 RCW and RCW 84.34.020 for at least ten years from the date of classification and shall continue under such classification until and unless withdrawn from classification after notice of request for withdrawal shall be made by the owner. During any year after eight years of the initial ten-year classification period have elapsed, notice of request for withdrawal of all or a portion of the land((~~, which shall be irrevocable,~~)) may be given by the owner to the ((~~county~~)) assessor or assessors of the county or counties in which such land is situated. Any notice of request for withdrawal shall be irrevocable. In the event that a portion of a parcel is removed from classification, the remaining portion must meet the same requirements as did the entire parcel when such land was originally granted classification pursuant to this chapter unless the size of the remaining parcel has a different income criteria. Within seven days the ((~~county~~)) assessor shall transmit one copy of such notice to the legislative body which originally approved the application. The ((~~county~~)) assessor or assessors, as the case may be, shall, when two assessment years have elapsed following the date of receipt of such notice, withdraw such land from such classification and the land shall be subject to the additional tax due under RCW 84.34.108 (3) (a) and (b): PROVIDED, That agreement to tax according to use shall not be considered to be a contract and can be abrogated at any time by the legislature in which event no additional tax or penalty shall be imposed.

Sec. 8. RCW 84.34.108 and 1989 c 378 s 35 are each amended to read as follows:

(1) When land has once been classified under this chapter, a notation of such ((~~designation~~)) classification shall be made each year upon the assessment and tax rolls and such land shall be valued pursuant to RCW 84.34.060 or 84.34.065 until removal of all or a portion of such ((~~designation~~)) classification by the assessor upon occurrence of any of the following:

(a) Receipt of notice from the owner to remove all or a portion of such ((~~designation~~)) classification;

(b) Sale or transfer to an ownership, except a transfer caused by a loan default to a governmental agency that intends to resell the property to be continued in the same use, making all or a portion of such land exempt from ad valorem taxation;

(c) Sale or transfer of all or a portion of such land to a new owner, unless the new owner has signed a notice of classification continuance. The signed notice of continuance shall be attached to the real estate excise tax affidavit provided for in RCW 82.45.120, as now or hereafter amended. The notice of continuance shall be on a form prepared by the department of revenue. If the notice of continuance is not signed by the new owner and attached to the real estate excise tax affidavit, all additional taxes calculated pursuant to subsection (3) of this section shall become due and payable by the seller or transferor at time of sale. The county auditor shall not accept an instrument of conveyance of classified land for filing or recording unless the new owner has signed the notice of continuance or the additional tax has been paid. The seller, transferor, or new owner may appeal the new assessed valuation calculated under subsection (3) of this section to the county board of equalization. Jurisdiction is hereby conferred on the county board of equalization to hear these appeals;

(d) Determination by the assessor, after giving the owner written notice and an opportunity to be heard, that all or a portion of such land ((is)) no longer ((~~primarily devoted to and used for the purposes under which it was granted classification~~)) meets the criteria for classification under this chapter. The criteria for classification pursuant to this chapter continue to apply after classification has been granted.

The granting authority, upon request of an assessor, shall provide reasonable assistance to the assessor in making a determination whether such land continues to meet the qualifications of RCW 84.34.020 (1) or (3). The assistance shall be provided within thirty days of receipt of the request.

(2) Within thirty days after such removal of all or a portion of such land from current use classification, the assessor shall notify the owner in writing, setting forth the reasons for such removal. The seller, transferor, or owner may appeal such removal to the county board of equalization.

(3) Unless the removal is reversed on appeal, the assessor shall revalue the affected land with reference to full market value on the date of removal from classification. Both the assessed valuation before and after the removal of classification shall be listed and taxes shall be allocated according to that part of the year to which each assessed valuation applies. Except as provided in subsection (5) of this section, an additional tax shall be imposed which shall be due and payable to the county treasurer thirty days after the owner is notified of the amount of the additional tax. As soon as possible, the assessor shall compute the amount of such an additional tax and the treasurer shall mail notice to the owner of the amount thereof and the date on which payment is due. The amount of such additional tax shall be equal to:

(a) The difference between the property tax paid as "open space land", "farm and agricultural land", or "timber land" and the amount of property tax otherwise due and payable for the seven years last past had the land not been so classified; plus

(b) Interest upon the amounts of such additional tax paid at the same statutory rate charged on delinquent property taxes from the dates on which such additional tax could have been paid without penalty if the land had been assessed at a value without regard to this chapter; and

(4) Additional tax, together with applicable interest ((~~thereon~~)) and penalty, shall become a lien on such land which shall attach at the time such land is removed from ((~~current use~~)) classification under this chapter and shall have priority to and shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation or responsibility to or with which such land may become charged or liable. Such lien may be foreclosed upon expiration of the same period after delinquency and in the same manner provided by law for foreclosure of liens for delinquent real property taxes as provided in RCW 84.64.050 now or as hereafter amended. Any additional tax unpaid on its due date shall thereupon become delinquent. From the date of delinquency until paid, interest shall be charged at the same rate applied by law to delinquent ad valorem property taxes.

(5) The additional tax specified in subsection (3) of this section shall not be imposed if the removal of ((~~designation~~)) classification pursuant to subsection (1) of this section resulted solely from:

(a) Transfer to a government entity in exchange for other land located within the state of Washington;

(b) (i) A taking through the exercise of the power of eminent domain, or (ii) sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power, said entity having manifested its intent in writing or by other official action;

(c) Sale or transfer of land within two years after the death of the owner of at least a fifty percent interest in such land;

(d) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the act of the landowner changing the use of such property;

(e) Official action by an agency of the United States or the state of Washington or by the county or city within which the land is located which disallows the present use of such land;

(f) Transfer of land to a church ((~~and~~)) when such land would qualify for ((~~property tax~~)) exemption pursuant to RCW 84.36.020; or

(g) Acquisition of property interests by state agencies or agencies or organizations qualified under RCW 84.34.210 and 64.04.130 for the purposes enumerated in those sections: PROVIDED, That at such time as these property interests are not used for the purposes enumerated in RCW 84.34.210 and 64.04.130 the additional tax specified in subsection (3) of this section shall be imposed.

Sec. 9. RCW 84.34.145 and 1973 1st ex.s. c 212 s 11 are each amended to read as follows:

The county legislative authority shall appoint a five member committee representing the active farming community within the county to serve in an advisory capacity to the ((~~county~~)) assessor in implementing assessment guidelines as established by the department of revenue for the assessment of open space, farms and agricultural lands, and timber lands classified pursuant to this 1973 amendatory act.

Sec. 10. RCW 84.34.150 and 1973 1st ex.s. c 212 s 15 are each amended to read as follows:

Land classified under the provisions of chapter 84.34 RCW prior to July 16, 1973 which meets the ((~~definition of farm and agricultural land~~)) criteria for classification under the provisions of this 1973 amendatory act, ((~~upon request for such change made by the owner to the county assessor, shall be~~)) is hereby reclassified ((~~by the county assessor~~)) under the provisions of this 1973 amendatory act. This change in classification shall be made without additional tax, penalty, or other requirements: PROVIDED, That subsequent to such reclassification, the land shall be fully subject to the provisions of chapter 84.34 RCW((~~, as now or hereafter amended~~)). A condition imposed by a granting authority prior to July 16, 1973, upon land classified pursuant to RCW 84.34.020 (1) or (3) shall remain in effect during the classification.

Sec. 11. RCW 84.34.155 and 1973 1st ex.s. c 212 s 19 are each amended to read as follows:

Land classified under the provisions of chapter 84.34 RCW as timber land which meets the definition of forest land under the provisions of chapter 84.33 RCW, upon request for such change made by the owner to the ((~~county assessor~~)) granting authority, shall be reclassified by the ((~~county~~)) assessor under the provisions of chapter 84.33 RCW. This change in classification shall be made without additional tax, penalty, or other requirements set forth in chapter 84.34 RCW: PROVIDED, That subsequent to such reclassification, the land shall be fully subject to the provisions of chapter 84.33 RCW, as now or hereafter amended.

Sec. 12. RCW 84.34.160 and 1973 1st ex.s. c 212 s 18 are each amended to read as follows:

The department of revenue and each ((~~local assessor~~)) granting authority is hereby directed to publicize the qualifications and manner of making applications for ((~~current use~~)) classification. Whenever possible notice of the qualifications, method of making applications, and availability of further information on current use classification shall be included ((~~with the second half property tax statements for 1973, and thereafter, shall be included~~)) with every notice of change in valuation ((~~of unplatted lands~~)).

Sec. 13. RCW 84.34.320 and 1979 c 84 s 3 are each amended to read as follows:

Any land classified as farm and agricultural land ((~~which is designated for current use classification~~)) pursuant to chapter 84.34 RCW at the earlier of the times the legislative authority of a local government adopts a resolution, ordinance, or legislative act (1) to create a local improvement district, in which such land is included or would have been included but for such classification ((~~designation~~)), or (2) to approve or confirm a final special benefit assessment roll relating to a sanitary and/or storm sewerage system, domestic water supply and/or distribution system, or road construction and/or improvement, which roll would have included such land but for such classification ((~~designation~~)), shall be exempt from special benefit assessments or charges in lieu of assessment for such purposes as long as that land remains in such classification, except as otherwise provided in RCW 84.34.360.

Whenever a local government creates a local improvement district, the levying, collection and enforcement of assessments shall be in the manner and subject to the same procedures and limitations as are provided pursuant to the law concerning the initiation and formation of local improvement districts for the particular local government. Notice of the creation of a local improvement district that includes farm and agricultural land shall be filed with the county assessor and the legislative authority of the county in which such land is located. The ((~~county~~)) assessor, upon receiving notice of the creation of such a local improvement district, shall send a notice to the owner of the farm and agricultural lands listed on the tax rolls of the applicable county treasurer of: (1) the creation of the local improvement district; (2) the exemption of that land from special benefit assessments; (3) the fact that the farm and agricultural land may become subject to the special benefit assessments if the owner waives the exemption by filing a notarized document with the governing body of the local government creating the local improvement district before the confirmation of the final special benefit assessment roll; and (4) the potential liability, pursuant to RCW 84.34.330, if the exemption is not waived and the land is subsequently removed from the farm and agricultural land status. When a local government approves and confirms a special benefit assessment roll, from which farm and agricultural land has been exempted pursuant to this section, it shall file a notice of such action with the ((~~county~~)) assessor and the legislative authority of the county in which such land is located and with the treasurer of that local government, which notice shall describe the action taken, the type of improvement involved, the land exempted, and the amount of the special benefit assessment which would have been levied against the land if it had not been exempted. The filing of such notice with the ((~~county~~)) assessor and the treasurer of that local government shall constitute constructive notice to a purchaser or encumbrancer of the affected land, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded, that such exempt land is subject to the charges provided in RCW 84.34.330 and 84.34.340 if such land is withdrawn or removed from its current use classification as farm and agricultural land.

The owner of the land exempted from special benefit assessments pursuant to this section may waive that exemption by filing a notarized document to that effect with the legislative authority of the local government upon receiving notice from said local government concerning the assessment roll hearing and before the local government confirms the final special benefit assessment roll. A copy of that waiver shall be filed by the local government with the ((~~county~~)) assessor, but the failure of such filing shall not affect the waiver.

Except to the extent provided in RCW 84.34.360, the local government shall have no duty to furnish service from the improvement financed by the special benefit assessment to such exempted land.

Sec. 14. RCW 84.34.360 and 1979 c 84 s 7 are each amended to read as follows:

((~~Within ninety days after June 7, 1979,~~)) The department of revenue shall adopt rules it shall deem necessary to implement RCW 84.34.300 through 84.34.380 which shall include, but not be limited to, procedures to determine the extent to which a portion of the land otherwise exempt may be subject to a special benefit assessment for the actual connection to the domestic water system or sewerage facilities, and further to determine the extent to which all or a portion of such land may be subject to a special benefit assessment for access to the road improvement in relation to its value as farm and agricultural land as distinguished from its value under more intensive uses. The provision for limited special benefit assessments shall not relieve such land from liability for the amounts provided in RCW 84.34.330 and 84.34.340 when such land is withdrawn or removed from its current use classification as farm and agricultural land.

NEW SECTION. Sec. 15. A new section is added to chapter 84.34 RCW to read as follows:

There is created an advisory committee to assist the department of revenue in recommending changes to the rules implementing this chapter. The committee shall have eight members. Four shall be assessors, selected by assessors. Two assessors shall reside east of the crest of the Cascade mountains. Four shall be appointed by the department and shall represent a cross-section of the agricultural community. Two agricultural community members shall reside east of the crest of the Cascade mountains. The term of appointment for the agricultural members shall be four years.

The committee shall meet at least annually, and at such other times as it deems necessary, to recommend adoption of new or amended administrative rules and other changes as it finds appropriate.

NEW SECTION. Sec. 16. A new section is added to chapter 84.34 RCW to read as follows:

An application for current use classification under RCW 84.34.020(3) shall be made to the county legislative authority.

(1) The application shall be made upon forms prepared by the department of revenue and supplied by the granting authority and shall include the following:

(a) A legal description of, or assessor's parcel numbers for, all land the applicant desires to be classified as timber land;

(b) The date or dates of acquisition of the land;

(d) Whether there is a forest management plan for the land;

(e) If so, the nature and extent of implementation of the plan;

(f) Whether the land is used for grazing;

(g) Whether the land has been subdivided or a plat filed with respect to the land;

(h) Whether the land and the applicant are in compliance with the restocking, forest management, fire protection, insect and disease control, and forest debris provisions of Title 76 RCW or applicable rules under Title 76 RCW;

(i) Whether the land is subject to forest fire protection assessments pursuant to RCW 76.04.610;

(j) Whether the land is subject to a lease, option, or other right that permits it to be used for a purpose other than growing and harvesting timber;

(k) A summary of the past experience and activity of the applicant in growing and harvesting timber;

(l) A summary of current and continuing activity of the applicant in growing and harvesting timber;

(m) A statement that the applicant is aware of the potential tax liability involved when the land ceases to be classified as timber land.

(2) An application made for classification of land under RCW 84.34.020(3) shall be acted upon after a public hearing and after notice of the hearing is given by one publication in a newspaper of general circulation in the area at least ten days before the hearing. Application for classification of land in an incorporated area shall be acted upon by a granting authority composed of three members of the county legislative body and three members of the city legislative body in which the land is located.

(3) The granting authority shall act upon the application with due regard to all relevant evidence and without any one or more items of evidence necessarily being determinative, except that the application may be denied for one of the following reasons, without regard to other items:

(a) The land does not contain a stand of timber as defined in chapter 76.09 RCW and applicable rules, except this reason shall not alone be sufficient to deny the application (i) if the land has been recently harvested or supports a growth of brush or noncommercial type timber, and the application includes a plan for restocking within three years or the longer period necessitated by unavailability of seed or seedings, or (ii) if only isolated areas within the land do not meet minimum standards due to rock outcroppings, swamps, unproductive soil, or other natural conditions;

(b) The applicant, with respect to the land, has failed to comply with a final administrative or judicial order with respect to a violation of the restocking, forest management, fire protection, insect and disease control, and forest debris provisions of Title 76 RCW or applicable rules under Title 76 RCW;

(c) The land abuts a body of salt water and lies between the line of ordinary high tide and a line paralleling the ordinary high tide line and two hundred feet horizontally landward from the high tide line.

The granting authority may approve the application with respect to only part of the land that is described in the application, and if any part of the application is denied, the applicant may withdraw the entire application. The granting authority, in approving in part or whole an application for land classified pursuant to RCW 84.34.020(3), may also require that certain conditions be met.

Granting or denial of an application for current use classification is a legislative determination and shall be reviewable only for arbitrary and capricious actions. The granting authority may not require the granting of easements for land classified pursuant to RCW 84.34.020(3).

The granting authority shall approve or disapprove an application made under this section within six months following the date the application is received.

NEW SECTION. Sec. 17. This act shall take effect January 1, 1992.