SENATE BILL REPORT
SB 5983
BYSenators Talmadge, Kreidler and Williams
Providing for the protection of farm land.
Senate Committee on Agriculture
Senate Hearing Date(s):March 6, 1987
Senate Staff:Kaleen Cottingham (786-7415)
AS OF MARCH 5, 1987
BACKGROUND:
Concern has been raised that the current land use planning statutes do not adequately address several agricultural land-use issues.
The proponents of strengthening land-use criteria regarding agriculture claim that there is concern in the state, and especially in the Puget Sound region, about the conversion of farm land to other uses. They argue that protection of farm land: (1) maintains the agricultural economy of the state; (2) preserves open space; (3) retains rural lifestyle; (4) reduces the costs of public services; (5) promotes local and regional markets; and (6) reduces land-use conflicts between farmers and rural residents. Many counties have adopted measures to protect farm land but these approaches are fragmented and vulnerable to changing political conditions.
Proponents also argue that strengthening local controls will slow the soil erosion rate. Between 1977 and 1982, the erosion rate tripled in Washington. This causes loss of soil productivity, reduction in wildlife habitat, and an increase in water pollution. It is estimated that 17 tons of soil per year are currently lost from the Palouse region. The Soil Conservation Service expects erosion to increase in the Palouse and the state unless some action is taken.
Counties derive their power to plan and regulate land use from three specific sources: (1) state constitutional grant of police power (Article XI, Section 11); (2) the Planning Commission Act (RCW 35.63); and (3) the Planning Enabling Act (RCW 36.70). These authorities allow local jurisdictions to, at their option, adopt planning systems. A variety of other state laws expand the authority for land-use regulation: Open Space Act; Platting and Subdivision Act; State Building Code Act; State Environmental Policy Act; and the Shoreline Management Act.
SUMMARY:
All state agencies and units of local government are required to avoid indiscriminate and excessive changes in farm land use to the extent possible.
The Legislature recognizes the benefits of avoiding changes in farm land use and recognizes the negative impacts of inappropriate farming practices and changes in land use.
"Farm land" includes all agricultural lands defined for inclusion in the Open Space Act.
By January 1, 1990, each county shall adopt a plan for the protection of farm land. The plan may be incorporated into existing comprehensive plans or existing farm land protection plan.
The farm land plan shall include: (1) goals; (2) an inventory; (3) implementation measures; and (4) designation of farm land covered by the plan. The Conservation Commission shall develop the definitions and standards to be used in the inventory. The inventory shall be compiled by each county by July 1, 1989. Every two years, each county shall report to the Conservation Commission on changes in farm land uses. Assistance shall be provided by the Conservation Commission and individual districts. The Conservation Commission, starting January 1, 1990, shall report each biennium to the Legislature on changes in farm land use.
All state action shall, to the extent possible, be consistent with county farm land protection plans.
The Open Space Act (RCW 84.34) is amended so that (1) farm residences are included in the definition of agricultural land and (2) farm land included in the federal conservation reserve qualifies for open space tax treatment.
The statute describing a nuisance as not including agricultural activities is amended so as to apply only if the land is designated a farm land in a county farm land protection plan.
$1.95 million is appropriated to the Conservation Commission for grants to the counties and $100,000 is appropriated to the Conservation Commission.
Appropriation: $1.95 million as grants to counties; $100,000 to the Conservation Commission
Fiscal Note: requested