Brief Description: Identifying accessory uses on agricultural lands.

Sponsors: Representatives P. Sullivan, Kristiansen, Simpson, Linville, Blake and Ericks; by request of Department of Agriculture.

Hearing Date: 1/26/06

Staff: Thamas Osborn (786-7129).

Background:

Growth Management Act
The Growth Management Act (GMA) establishes a comprehensive land use planning framework for county and city governments in Washington. Counties and cities meeting specific population and growth criteria are required to comply with the major requirements of the GMA. Counties not meeting these criteria may choose to plan under the GMA. Twenty-nine of 39 counties, and the cities within those 29 counties, are required to, or have chosen to, comply with the major requirements of the GMA.

Regulation of agricultural lands
The GMA requires all local governments to designate agricultural, forest, and mineral resource lands of long-term significance. GMA jurisdictions must also adopt development regulations to assure the conservation of these designated natural resource lands. "Agricultural land" is defined by the GMA, in part, to include land primarily devoted to the commercial production of specified products, such as horticultural, viticultural, floricultural, vegetable, or animal products. "Agricultural lands of long-term commercial significance" are characterized as those lands without urban growth characteristics and which have long-term significance for the commercial production of food or other agricultural products.

Innovative zoning techniques for agricultural lands of long-term commercial significance
In order to comply with GMA requirements, counties or cities may use a variety of innovative zoning techniques in areas designated as agricultural lands of long-term commercial significance. The innovative zoning techniques should be designed to conserve agricultural lands and encourage the agricultural economy. Such zoning techniques should also encourage property owners to limit nonagricultural uses to lands with poor soil or that are otherwise ill-suited to agricultural uses. One of the authorized zoning designations is "agricultural zoning," which has the following characteristics:

• Limits the density of development;
• Restricts or prohibits nonfarm uses of agricultural land; and
• May allow certain accessory uses that support, promote, or sustain agricultural operations or production.

Accessory uses of agricultural lands of long-term commercial significance
The accessory uses permitted under an agricultural zoning scheme must comply with the following criteria:
   

• Implementation of such uses must not interfere with natural resource land uses;
• Must have a functional relationship to the growing of crops, or raising of animals;
• Commercial or retail uses must be for the primary purpose of producing, storing, or selling regionally produced agricultural products or agriculturally-related experiences;
• Commercial and retail uses must be for the primary purpose of selling products or services produced on-site; and
• May operate out of existing or new buildings with parking and other related uses, provided that such uses are consistent with the size and scale of existing agricultural buildings on the site and do not otherwise convert agricultural land to nonagricultural uses.

Commercial or retail accessory uses
Commercial or retail accessory uses which are compatible with agricultural uses may be permitted, and include the following:

• Storage and refrigeration of regional agricultural products;
• Production, sales, and marketing of regional, value-added agricultural products;
• Supplemental sources of income that support and sustain on-farm agricultural operations;
• Support services that facilitate the production and distribution of agricultural products; and
• Off- farm and on-farm sales or marketing of predominately regional agricultural products and experiences, as well as locally made arts and crafts.

Summary of Bill:

Counties and cities are provided with greater flexibility with respect to the implementation of agricultural zoning schemes governing the use of agricultural lands of long-term commercial significance. This increased flexibility is accomplished through the removal of many specified restrictions on accessory uses and replacing them with general standards governing the types of accessory uses that may be conducted on such agricultural lands. A key example of this shift is the removal of the requirement that accessory uses be functionally related to the growing of crops or raising of animals and replacing it with a more general standard requiring that accessory uses comply with the goals and standards of the GMA.

Specific regulations governing accessory uses are replaced by more permissive guidelines. Under these new guidelines accessory uses may include:

• Agricultural activities "including but not limited to" the production, storage, distribution, and marketing of specified agricultural products, including support services that facilitate such agricultural activities. (References to "regional" products have been removed.);
• Nonagricultural related activities that are compatible in size, scale and intensity with the agricultural use of the property and neighboring properties and which do not interfere with existing agricultural uses in the area.

Requires that new buildings, parking, or supportive uses not be located outside the general area already developed for buildings and residential uses, unless such new development is predominately used for regionally produced agricultural products.

The list of specifically authorized types of commercial or retail accessory uses is removed.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.