BILL REQ. #:  H-3880.1 

Read first time 01/16/2006.   Referred to Committee on Local Government.

     AN ACT Relating to nonagricultural activities on agricultural lands to support farming; and amending RCW 36.70A.177 and 36.70A.280.

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

Sec. 1   RCW 36.70A.177 and 2004 c 207 s 1 are each amended to read as follows:
     (1) A county or a city may use a variety of innovative zoning techniques in areas designated as agricultural lands of long-term commercial significance under RCW 36.70A.170. The innovative zoning techniques should be designed to conserve agricultural lands and encourage the agricultural economy. A county or city should encourage nonagricultural uses to be limited to lands with poor soils or otherwise not suitable for agricultural purposes.
     (2) Innovative zoning techniques a county or city may consider include, but are not limited to:
     (a) Agricultural zoning, which limits the density of development and ((restricts or prohibits nonfarm uses of agricultural land and may allow accessory uses that support, promote, or sustain)) supports accessory nonfarm home-based or similar businesses that supplement on- farm income, agricultural operations, and production, as provided in subsection (3) of this section;
     (b) Cluster zoning, which allows new development on one portion of the land, leaving the remainder in agricultural or open space uses;
     (c) Large lot zoning, which establishes as a minimum lot size the amount of land necessary to achieve a successful farming practice;
     (d) Quarter/quarter zoning, which permits one residential dwelling on a one-acre minimum lot for each one-sixteenth of a section of land; and
     (e) Sliding scale zoning, which allows the number of lots for single-family residential purposes with a minimum lot size of one acre to increase inversely as the size of the total acreage increases.
     (3)(((a))) Accessory uses allowed under subsection (2)(a) of this section shall comply with the following:
     (((i))) (a) Accessory uses shall be located, designed, and operated so as not to interfere with natural resource land uses ((and shall be accessory to the growing of crops or raising of animals;
     (ii) Accessory commercial or retail uses shall predominately produce, store, or sell regionally produced agricultural products from one or more producers, products derived from regional agricultural production, agriculturally related experiences, or products produced on-site. Accessory commercial and retail uses shall offer for sale predominantly products or services produced on-site; and));
     (((iii))) (b) Accessory uses may operate out of existing or new buildings with parking and other supportive uses consistent with the size and scale of existing agricultural buildings on the site but shall not otherwise convert agricultural land to nonagricultural uses((.)); and
     (((b))) (c) Accessory uses may include compatible commercial or retail uses ((including, but not limited to:
     (i) Storage and refrigeration of regional agricultural products;
     (ii) Production, sales, and marketing of value-added agricultural products derived from regional sources;
     (iii) Supplemental sources of on-farm income that support and sustain on-farm agricultural operations and production;
     (iv) Support services that facilitate the production, marketing, and distribution of agricultural products; and
     (v) Off-farm and on-farm sales and marketing of predominately regional agricultural products and experiences, locally made art and arts and crafts, and ancillary retail sales or service activities)).

Sec. 2   RCW 36.70A.280 and 2003 c 332 s 2 are each amended to read as follows:
     (1) A growth management hearings board shall hear and determine only those petitions alleging either:
     (a) That a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW; or
     (b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.
     (2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within sixty days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530.
     (3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.
     (4) The board's authority to hear and determine petitions alleging noncompliance with the requirements of this chapter does not include the authority to review policies and development regulations regarding innovative zoning techniques in areas designated as agricultural lands of long-term commercial significance and accessory uses on those lands pursuant to RCW 36.70A.177.
     (5) To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board.
     (((5))) (6) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.
     The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.
     If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.