AN ACT Relating to
definitions of agricultural and forest land of long-term commercial
significance; amending RCW 36.70A.030; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that it is in the public interest to identify and provide long-term
conservation of those productive natural resource lands that are critical to
and can be managed economically and practically for long-term commercial
production of food, fiber, and minerals. Successful achievement of the natural
resource industries' goal set forth in RCW 36.70A.020 requires the conservation
of a land base sufficient in size and quality to maintain and enhance those industries
and the development and use of land use techniques that discourage uses
incompatible to the management of designated lands. The 1994 amendment to RCW
36.70A.030(8) (section 2(8) of this act) is intended to clarify legislative
intent regarding the designation of forest lands and is not intended to require
every county that has already complied with the interim forest land designation
requirement of RCW 36.70A.170 to review its actions until the adoption of its
comprehensive plans and development regulations as provided in RCW
36.70A.060(3).
Sec. 2. RCW 36.70A.030 and 1990
1st ex.s. c 17 s 3 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout this
chapter.
(1) "Adopt a
comprehensive land use plan" means to enact a new comprehensive land use
plan or to update an existing comprehensive land use plan.
(2) "Agricultural
land" means land primarily devoted to the commercial production of
horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal
products or of berries, grain, hay, straw, turf, seed, Christmas trees not
subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish
in upland hatcheries, or livestock, and that has long-term commercial
significance for agricultural production.
(3) "City"
means any city or town, including a code city.
(4) "Comprehensive
land use plan," "comprehensive plan," or "plan" means
a generalized coordinated land use policy statement of the governing body of a
county or city that is adopted pursuant to this chapter.
(5) "Critical
areas" include the following areas and ecosystems: (a) Wetlands; (b)
areas with a critical recharging effect on aquifers used for potable water; (c)
fish and wildlife habitat conservation areas; (d) frequently flooded areas; and
(e) geologically hazardous areas.
(6)
"Department" means the department of community, trade, and
economic development.
(7) "Development
regulations" means any controls placed on development or land use
activities by a county or city, including, but not limited to, zoning
ordinances, official controls, planned unit development ordinances, subdivision
ordinances, and binding site plan ordinances.
(8) "Forest
land" means land primarily ((useful for)) devoted to growing
trees for long-term commercial timber production on land that can be
economically and practically managed for such production, including
Christmas trees subject to the excise tax imposed under RCW 84.33.100 through
84.33.140, ((for commercial purposes,)) and that has long-term
commercial significance ((for growing trees commercially)). In
determining whether forest land is primarily devoted to growing trees for
long-term commercial timber production on land that can be economically and
practically managed for such production, the following factors shall be
considered: (a) The proximity of the land to urban, suburban, and rural
settlements; (b) surrounding parcel size and the compatibility and intensity of
adjacent and nearby land uses; (c) long-term local economic conditions that
affect the ability to manage for timber production; and (d) the availability of
public facilities and services conducive to conversion of forest land to other
uses.
(9) "Geologically
hazardous areas" means areas that because of their susceptibility to
erosion, sliding, earthquake, or other geological events, are not suited to the
siting of commercial, residential, or industrial development consistent with
public health or safety concerns.
(10) "Long-term
commercial significance" includes the growing capacity, productivity, and
soil composition of the land for long-term commercial production, in
consideration with the land's proximity to population areas, and the
possibility of more intense uses of the land.
(11)
"Minerals" include gravel, sand, and valuable metallic substances.
(12) "Public
facilities" include streets, roads, highways, sidewalks, street and road
lighting systems, traffic signals, domestic water systems, storm and sanitary
sewer systems, parks and recreational facilities, and schools.
(13) "Public
services" include fire protection and suppression, law enforcement, public
health, education, recreation, environmental protection, and other governmental
services.
(14) "Urban
growth" refers to growth that makes intensive use of land for the location
of buildings, structures, and impermeable surfaces to such a degree as to be
incompatible with the primary use of such land for the production of food,
other agricultural products, or fiber, or the extraction of mineral resources.
When allowed to spread over wide areas, urban growth typically requires urban
governmental services. "Characterized by urban growth" refers to
land having urban growth located on it, or to land located in relationship to
an area with urban growth on it as to be appropriate for urban growth.
(15) "Urban growth
areas" means those areas designated by a county pursuant to RCW
36.70A.110.
(16) "Urban
governmental services" include those governmental services historically
and typically delivered by cities, and include storm and sanitary sewer
systems, domestic water systems, street cleaning services, fire and police
protection services, public transit services, and other public utilities
associated with urban areas and normally not associated with nonurban areas.
(17)
"Wetland" or "wetlands" means areas that are inundated or
saturated by surface water or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar
areas. Wetlands do not include those artificial wetlands intentionally created
from nonwetland sites, including, but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities. However, wetlands may include
those artificial wetlands intentionally created from nonwetland areas created
to mitigate conversion of wetlands, if permitted by the county or city.
