1816 AMS FINK CALL 001

HB 1816 - S AMD - 467

    By Senators Finkbeiner, McCaslin and Haugen

    On page 4, after line 24, insert the following:

    "Sec. 2.  RCW 36.70A.030 and 1995 c 382 s 9 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)) suited 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.  In determining whether land is primarily suited to agriculture and has long-term commercial significance, cities and counties shall use the land-capability classification system of the United States Department of Agriculture Soil Conversation Service as defined in Agriculture Handbook No. 210 or its successor.  Counties and cities shall also consider the combined effects of proximity to population areas and the possibility of more intense uses of the land as indicated by: (a) The availability of public facilities; (b) tax status; (c) the availability of public services; (d) relationship or proximity to urban growth areas; (e) predominant parcel size; (f) land use settlement patterns and their compatibility with agricultural practices; (g) intensity of nearby land uses; (h) history of land development permits issued nearby (i) land values under alternative uses; and (j) proximity of markets.  In defining categories of agricultural lands of long-term commercial significance for agricultural production, counties and cities should consider using the classification of prime and unique farmland soils as mapped by the Soil Conservation Service.  Counties and cities may further classify additional agricultural lands of local importance.

    (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 the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto.  A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

    (8) "Forest land" means land primarily 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, and that has long-term commercial significance.  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, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway.  Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands."

    Renumber the sections consecutively and correct any internal references accordingly.

HB 1816 - S AMD - 467

    By Senators Finkbeiner, McCaslin and Haugen

    On page 1, line 2 of the title, after "36.70A.070" insert "and 36.70A.030".  

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EFFECT: Provides further definition of "agricultural land" consistent with the department of community trade and economic development minimum guidelines for comprehensive plans.