ESHB 1727 -
By Senator Haugen
On page 13, after line 9 of the amendment, insert the following:
"Sec. 6 RCW 36.70A.177 and 2006 c 147 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)) shall encourage
nonagricultural uses, including wetland mitigation banking projects, 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) Accessory uses allowed under subsection (2)(a) of this section
shall comply with the following:
(a) Accessory uses shall be located, designed, and operated so as
to not interfere with, 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;
(b) Accessory uses 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, agriculturally
related experiences, or the production, marketing, and distribution of
value-added agricultural products, including support services that
facilitate these activities; and
(ii) Nonagricultural accessory uses and activities as long as they
are consistent with the size, scale, and intensity of the existing
agricultural use of the property and the existing buildings on the
site. 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
(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)(a) Off-site wetland mitigation banking projects, as provided
for in chapter 90.84 RCW, including but not limited to projects for
residential, commercial, or industrial purposes, may be permitted by
conditional or special use on agricultural lands, including
agricultural lands of long-term commercial significance, if the local
government has adopted criteria for evaluating and permitting such
projects. The criteria shall reflect the priority expressed in this
chapter for preserving agricultural lands of long-term commercial
significance, without precluding the establishment of wetland
mitigation bank sites on lands with poor soils or otherwise not
suitable for agricultural purposes. The criteria shall minimize the
impact on the continued agricultural use of high value agricultural
lands of long-term commercial significance. Conservation projects that
consist of exclusively planting vegetation or on-site mitigation
projects required for permitted activities shall be allowed.
(b) This subsection (4) shall not affect lands purchased or
otherwise acquired before June 30, 2001, by a port district in whole or
in part for use as a wetland mitigation bank.
(5) This section shall not be interpreted to limit agricultural
production on designated agricultural lands."
Renumber the remaining sections consecutively and correct any internal references accordingly.
ESHB 1727 -
By Senator Haugen
On page 19, at the beginning of line 17 of the title amendment, strike "and 36.70A.110" and insert "36.70A.110, and 36.70A.177"