BILL REQ. #:  S-4415.1 

READ FIRST TIME 01/30/04.   

     AN ACT Relating to removal of agricultural resource land designation; amending RCW 36.70A.170; and adding a new section to chapter 36.70A RCW.

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

Sec. 1   RCW 36.70A.170 and 1990 1st ex.s. c 17 s 17 are each amended to read as follows:
     (1) On or before September 1, 1991, each county, and each city, shall designate where appropriate:
     (a) Agricultural lands that are not already characterized by urban growth and that have long-term significance for the commercial production of food or other agricultural products;
     (b) Forest lands that are not already characterized by urban growth and that have long-term significance for the commercial production of timber;
     (c) Mineral resource lands that are not already characterized by urban growth and that have long-term significance for the extraction of minerals; and
     (d) Critical areas.
     (2) In making the designations required by this section, counties and cities shall consider the guidelines established pursuant to RCW 36.70A.050.
     (3) An agricultural resource land designation previously adopted pursuant to subsection (1)(a) of this section may be removed, if the result complies with RCW 36.70A.020(8), 36.70A.060, and 36.70A.177 and is consistent with guidelines adopted pursuant to RCW 36.70A.050 and with the goals, objectives, and implementing policies of the governing comprehensive plan. To remove an agricultural resource land designation, a finding must be made that the land does not meet the requirements of subsection (1)(a) of this section. Where there are adopted criteria for designation of agricultural resource land, the finding must be based on the adopted criteria.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.70A RCW to read as follows:
     For a single parcel or a small isolated area of more than one parcel of land that is zoned rural and required by regulations adopted under this chapter to remain in agricultural use but is not designated pursuant to RCW 36.70A.170, a local government may allow subdivision to a density that is consistent with the average parcel size of the surrounding area, if the single parcel or small isolated area of more than one parcel is surrounded by incompatible residential uses and the result complies with RCW 36.70A.070(5)(c) and all applicable subdivision regulations and serves to infill the surrounding higher-density area or resolves conflicts between agricultural use and surrounding residential use.