BILL REQ. #:  S-1375.1 

Read first time 02/15/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to improving opportunities to develop outdoor recreational ballfields on agricultural land; amending RCW 79A.25.800, 79A.25.820, 36.70A.060, 36.70A.177, and 90.58.100; adding a new section to chapter 36.70A RCW; adding a new section to chapter 90.58 RCW; creating a new section; and declaring an emergency.

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

Sec. 1   RCW 79A.25.800 and 2003 c 126 s 701 are each amended to read as follows:
     (1) The legislature ((recognizes)) finds that coordinated funding efforts are needed to maintain, develop, and improve the state's community outdoor athletic fields. Rapid population growth and increased urbanization have caused a decline in suitable outdoor fields for community athletic activities and has resulted in overcrowding and deterioration of existing surfaces. Lack of adequate community outdoor athletic fields directly affects the health and well-being of all citizens of the state, reduces the state's economic viability, and prevents Washington from maintaining and achieving the quality of life that it deserves. Therefore, it is the policy of ((the)) all appropriate state and ((its agencies)) local entities to maintain, develop, fund, and improve youth or community athletic facilities, including but not limited to community outdoor athletic fields.
     (2) The legislature also finds that the supreme court, in King County v. Central Puget Sound Growth Mgmt. Hearings Bd., 142 Wn.2d 543, 14 P.3d 133 (2000), held that lands designated as agricultural may not be used for recreational facilities. Furthermore, the legislature finds that this decision and the absence of an enacted legislative response have illustrated the urgent need for a legislative remedy addressing the growing and interrelated challenges of population growth, the need for outdoor recreational facilities, and the conservation of agricultural lands.
     (3) In carrying out ((this)) the policy outlined in this section, the legislature intends to promote the building of new community outdoor athletic fields, the upgrading of existing community outdoor athletic fields, and the maintenance of existing community outdoor athletic fields across the state of Washington.

Sec. 2   RCW 79A.25.820 and 2003 c 126 s 702 are each amended to read as follows:
     Subject to available resources, the interagency committee for outdoor recreation may:
     (1) Prepare and update a strategic plan for the development, maintenance, and improvement of community outdoor athletic fields in the state. In the preparation of such plan, the interagency committee for outdoor recreation may use available data from federal, state, and local agencies having community outdoor athletic responsibilities, user groups, private sector interests, and the general public. The plan may include, but is not limited to:
     (a) An inventory of current community outdoor athletic fields;
     (b) A survey of land adjacent to or within counties or cities planning under RCW 36.70A.040 that is designated as reserved for agricultural uses, but not currently being used for the commercial production of food or other agricultural products, and may be suitable for temporary use as an outdoor recreational field based on its proximity to communities that are underserved by outdoor recreational fields, its size, the use of neighboring properties, and the initial willingness of the landowner to participate;
     (c) A forecast of demand for these fields;
     (((c))) (d) An identification and analysis of actual and potential funding sources; and
     (((d))) (e) Other information the interagency committee for outdoor recreation deems appropriate to carry out the purposes of RCW 79A.25.800 through 79A.25.830;
     (2) Determine the eligibility requirements for cities, counties, and qualified nonprofit organizations to access funding from the youth athletic facility account created in RCW 43.99N.060(4);
     (3) Encourage and provide opportunities for interagency and regional coordination and cooperative efforts between public agencies and between public entities and nonprofit organizations involved in the maintenance, development, and improvement of community outdoor athletic fields; and
     (4) Create and maintain data, studies, research, and other information relating to community outdoor athletic fields in the state, and to encourage the exchange of this information.

Sec. 3   RCW 36.70A.060 and 1998 c 286 s 5 are each amended to read as follows:
     (1)(a) Each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until the county or city adopts development regulations pursuant to RCW 36.70A.040. Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals. Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within five hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. The notice for mineral resource lands shall also inform that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals.
     (b)(i) The development regulations of a county or city planning under RCW 36.70A.040 may permit agricultural lands designated pursuant to RCW 36.70A.170 that are not being used for the commercial production of food or other agricultural products to be used for recreational activities, including, but not limited to, playing fields for sports played on grass.
     (ii) Counties and cities planning under RCW 36.70A.040 that permit agricultural land to be used for recreational activities may not permit permanent structures to be erected on the land, and may not permit more than one percent of the designated agricultural land within the jurisdiction as of June 1, 2004, to be used for recreational activities, but may permit removable structures and playing fields constructed before June 1, 2004, that support the use of the land for recreational activities. The regulations may require the landowner to submit to the legislative authority of the jurisdiction a plan providing for the resumption of the commercial production of food or other agricultural products on the land.
     (2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities, such development regulations shall be adopted on or before March 1, 1992.
     (3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency.
     (4) Forest land and agricultural land located within urban growth areas shall not be designated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.

Sec. 4   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 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) 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) 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.
     (b) 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.
     (4)(a) A county or city planning under RCW 36.70A.040 may permit agricultural lands designated pursuant to RCW 36.70A.170 that are not being used for the commercial production of food or other agricultural products to be used for recreational activities, including, but not limited to, playing fields for sports played on grass.
     (b) Counties and cities planning under RCW 36.70A.040 that permit agricultural land to be used for recreational activities may not permit permanent structures to be erected on the land, and may not permit more than one percent of the designated agricultural land within the jurisdiction as of June 1, 2004, to be used for recreational activities but may permit removable structures and playing fields constructed before June 1, 2004, that support the use of the land for recreational activities. The regulations may require the landowner to submit to the legislative authority of the jurisdiction a plan providing for the resumption of the commercial production of food or other agricultural products on the land.

Sec. 5   RCW 90.58.100 and 1997 c 369 s 7 are each amended to read as follows:
     (1) The master programs provided for in this chapter, when adopted or approved by the department shall constitute use regulations for the various shorelines of the state. In preparing the master programs, and any amendments thereto, the department and local governments shall to the extent feasible:
     (a) Utilize a systematic interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts;
     (b) Consult with and obtain the comments of any federal, state, regional, or local agency having any special expertise with respect to any environmental impact;
     (c) Consider all plans, studies, surveys, inventories, and systems of classification made or being made by federal, state, regional, or local agencies, by private individuals, or by organizations dealing with pertinent shorelines of the state;
     (d) Conduct or support such further research, studies, surveys, and interviews as are deemed necessary;
     (e) Utilize all available information regarding hydrology, geography, topography, ecology, economics, and other pertinent data;
     (f) Employ, when feasible, all appropriate, modern scientific data processing and computer techniques to store, index, analyze, and manage the information gathered.
     (2) The master programs shall include, when appropriate, the following:
     (a) An economic development element for the location and design of industries, industrial projects of statewide significance, transportation facilities, port facilities, tourist facilities, commerce and other developments that are particularly dependent on their location on or use of the shorelines of the state;
     (b) A public access element making provision for public access to publicly owned areas;
     (c) A recreational element for the preservation and enlargement of recreational opportunities, including but not limited to parks, tidelands, beaches, and recreational areas;
     (d) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities, all correlated with the shoreline use element;
     (e) A use element which considers the proposed general distribution and general location and extent of the use on shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, natural resources, recreation, education, public buildings and grounds, and other categories of public and private uses of the land;
     (f) A conservation element for the preservation of natural resources, including but not limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection;
     (g) An historic, cultural, scientific, and educational element for the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values;
     (h) An element that gives consideration to the statewide interest in the prevention and minimization of flood damages; and
     (i) Any other element deemed appropriate or necessary to effectuate the policy of this chapter.
     (3) The master programs shall include such map or maps, descriptive text, diagrams and charts, or other descriptive material as are necessary to provide for ease of understanding.
     (4) Master programs will reflect that state-owned shorelines of the state are particularly adapted to providing wilderness beaches, ecological study areas, and other recreational activities for the public and will give appropriate special consideration to same.
     (5) Each master program shall contain provisions to allow for the varying of the application of use regulations of the program, including provisions for permits for conditional uses and variances, to insure that strict implementation of a program will not create unnecessary hardships or thwart the policy enumerated in RCW 90.58.020. Any such varying shall be allowed only if extraordinary circumstances are shown and the public interest suffers no substantial detrimental effect. The concept of this subsection shall be incorporated in the rules adopted by the department relating to the establishment of a permit system as provided in RCW 90.58.140(3).
     (6) Each master program shall contain standards governing the protection of single family residences and appurtenant structures against damage or loss due to shoreline erosion. The standards shall govern the issuance of substantial development permits for shoreline protection, including structural methods such as construction of bulkheads, and nonstructural methods of protection. The standards shall provide for methods which achieve effective and timely protection against loss or damage to single family residences and appurtenant structures due to shoreline erosion. The standards shall provide a preference for permit issuance for measures to protect single family residences occupied prior to January 1, 1992, where the proposed measure is designed to minimize harm to the shoreline natural environment.
     (7)(a) Master programs may permit agricultural lands within shorelines of the state that are not being used for the commercial production of food or other agricultural products to be used for recreational activities, including, but not limited to, playing fields for sports played on grass.
     (b) Master programs may not permit permanent structures to be erected on the agricultural land, and may not permit more than one percent of the agricultural land within the jurisdiction within shorelines of the state as of June 1, 2004, to be used for recreational activities, but may permit removable structures and playing fields constructed before June 1, 2004, that support the use of the land for recreational activities. Master programs may, however, require the landowner to submit to the legislative authority of the jurisdiction a plan providing for the resumption of the commercial production of food or other agricultural products on the land.
     (c) For the purposes of this subsection (7), "agricultural land" shall have the same meaning as defined in RCW 90.58.065(2)(d).

NEW SECTION.  Sec. 6   (1) A study committee on outdoor recreation shall consist of four members, as follows:
     (a) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives; and
     (b) One member from each of the two largest caucuses of the senate, appointed by the president of the senate.
     (2) The study committee members shall, by an affirmative vote of at least three members, select a chair from among its membership.
     (3) The study committee shall consult with individuals from the public and private sectors and other interested parties, as may be appropriate, for technical advice and assistance and may ask such individuals to establish advisory committees or work groups that report to the study committee. Those with whom the study committee must consult include, but are not limited to, the following:
     (a) Representatives from state agencies;
     (b) Representatives from local governments;
     (c) Representatives from agriculture;
     (d) Representatives from environmental organizations; and
     (e) Representatives from citizens' organizations.
     (4) The study committee shall review relevant statutes, legislation, rules, court decisions, and studies and make legislative findings and recommendations related to recreational facility needs, the conservation of agricultural lands, and the appropriate use of such lands for recreational facilities.
     (5) The study committee shall use staff from the house of representatives office of program research, senate committee services, and the department of community, trade, and economic development.
     (6) The study committee shall report its findings and recommendations to the appropriate committees of the house of representatives and the senate by January 1, 2006.
     (7) The task force expires January 1, 2006.

NEW SECTION.  Sec. 7   A new section is added to chapter 36.70A RCW to read as follows:
     Removable structures and playing fields permitted in accordance with the provisions of sections 3, 4, and 5, chapter . . ., Laws of 2005 (sections 3, 4, and 5 of this act) shall be considered in compliance with the requirements of this chapter.

NEW SECTION.  Sec. 8   A new section is added to chapter 90.58 RCW to read as follows:
     Removable structures and playing fields permitted in accordance with the provisions of sections 3, 4, and 5, chapter . . ., Laws of 2005 (sections 3, 4, and 5 of this act) shall be considered in compliance with the requirements of this chapter.

NEW SECTION.  Sec. 9   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.