| Passed by the House March 6, 2006 Yeas 97 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate March 3, 2006 Yeas 45 BRAD OWEN ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2917 as passed by the House of Representatives and the Senate on the dates hereon set forth. RICHARD NAFZIGER ________________________________________ Chief Clerk | |
| Approved March 20, 2006. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 20, 2006 - 2:57 p.m. Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 02/03/06.
AN ACT Relating to accessory uses on agricultural lands; and amending RCW 36.70A.177.
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. Except as provided in subsection
(3) of this section, 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, including nonagricultural accessory uses and
activities, 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))) (a) Accessory uses shall be located, designed, and operated
so as ((not)) to not interfere with ((natural resource land uses and
shall be accessory to the growing of crops or raising of animals)), and
to support the continuation of, the overall agricultural use of the
property and neighboring properties, and shall comply with the
requirements of this chapter;
(((ii))) (b) Accessory ((commercial or retail)) uses ((shall
predominately produce, store, or sell regionally produced)) may
include:
(i) Agricultural accessory uses and activities, including but not
limited to the storage, distribution, and marketing of regional
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)) the production, marketing, and distribution of
value-added agricultural products, including support services that
facilitate these activities; and
(((iii) Accessory uses may operate out of existing or new buildings
with parking and other supportive uses)) (ii) Nonagricultural accessory
uses and activities as long as they are consistent with the size
((and)), scale, and intensity of the existing agricultural use of the
property and the existing buildings on the site ((but)).
Nonagricultural accessory uses and activities, including new buildings,
parking, or supportive uses, shall not be located outside the general
area already developed for buildings and residential uses and shall not
otherwise convert more than one acre of agricultural land to
nonagricultural uses((.));
and
(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
(c) Counties and cities have the authority to limit or exclude
accessory uses otherwise authorized in this subsection (3) in areas
designated as agricultural lands of long-term commercial significance.
(4) This section shall not be interpreted to limit agricultural
production on designated agricultural lands.