E2SHB 1208 -
By Senators Swecker, Fairley
ADOPTED 04/13/2009
On page 9, after line 29 of the amendment, insert the following:
"Sec. 10 RCW 84.34.037 and 1992 c 69 s 6 are each amended to read
as follows:
(1) Applications for classification or reclassification under RCW
84.34.020(1) shall be made to the county legislative authority. An
application made for classification or reclassification of land under
RCW 84.34.020(1) (b) and (c) which is in an area subject to a
comprehensive plan shall be acted upon in the same manner in which an
amendment to the comprehensive plan is processed. Application made for
classification of land which is in an area not subject to a
comprehensive plan shall be acted upon after a public hearing and after
notice of the hearing shall have been given by one publication in a
newspaper of general circulation in the area at least ten days before
the hearing: PROVIDED, That applications for classification of land in
an incorporated area shall be acted upon by: (a) A granting authority
composed of three members of the county legislative body and three
members of the city legislative body in which the land is located in a
meeting where members may be physically absent but participating
through telephonic connection; or (b) separate affirmative acts by both
the county and city legislative bodies where both bodies affirm the
entirety of an application without modification or both bodies affirm
an application with identical modifications.
(2) In determining whether an application made for classification
or reclassification under RCW 84.34.020(1) (b) and (c) should be
approved or disapproved, the granting authority may take cognizance of
the benefits to the general welfare of preserving the current use of
the property which is the subject of application, and shall consider:
(a) The resulting revenue loss or tax shift;
(b) Whether granting the application for land applying under RCW
84.34.020(1)(b) will (i) conserve or enhance natural, cultural, or
scenic resources, (ii) protect streams, stream corridors, wetlands,
natural shorelines and aquifers, (iii) protect soil resources and
unique or critical wildlife and native plant habitat, (iv) promote
conservation principles by example or by offering educational
opportunities, (v) enhance the value of abutting or neighboring parks,
forests, wildlife preserves, nature reservations, sanctuaries, or other
open spaces, (vi) enhance recreation opportunities, (vii) preserve
historic and archaeological sites, (viii) preserve visual quality along
highway, road, and street corridors or scenic vistas, (ix) affect any
other factors relevant in weighing benefits to the general welfare of
preserving the current use of the property; and
(c) Whether granting the application for land applying under RCW
84.34.020(1)(c) will (i) either preserve land previously classified
under RCW 84.34.020(2) or preserve land that is traditional farmland
and not classified under chapter 84.33 or 84.34 RCW, (ii) preserve land
with a potential for returning to commercial agriculture, and (iii)
affect any other factors relevant in weighing benefits to the general
welfare of preserving the current use of property.
(3) If a public benefit rating system is adopted under RCW
84.34.055, the county legislative authority shall rate property for
which application for classification has been made under RCW
84.34.020(1) (b) and (c) according to the public benefit rating system
in determining whether an application should be approved or
disapproved, but when such a system is adopted, open space properties
then classified under this chapter which do not qualify under the
system shall not be removed from classification but may be rated
according to the public benefit rating system.
(4) The granting authority may approve the application with respect
to only part of the land which is the subject of the application. If
any part of the application is denied, the applicant may withdraw the
entire application. The granting authority in approving in part or
whole an application for land classified or reclassified pursuant to
RCW 84.34.020(1) may also require that certain conditions be met,
including but not limited to the granting of easements. As a condition
of granting open space classification, the legislative body may not
require public access on land classified under RCW 84.34.020(1)(b)(iii)
for the purpose of promoting conservation of wetlands.
(5) The granting or denial of the application for current use
classification or reclassification is a legislative determination and
shall be reviewable only for arbitrary and capricious actions.
Sec. 11 RCW 84.34.041 and 2002 c 315 s 2 are each amended to read
as follows:
An application for current use classification or reclassification
under RCW 84.34.020(3) shall be made to the county legislative
authority.
(1) The application shall be made upon forms prepared by the
department of revenue and supplied by the granting authority and shall
include the following elements that constitute a timber management
plan:
(a) A legal description of, or assessor's parcel numbers for, all
land the applicant desires to be classified as timber land;
(b) The date or dates of acquisition of the land;
(c) A brief description of the timber on the land, or if the timber
has been harvested, the owner's plan for restocking;
(d) Whether there is a forest management plan for the land;
(e) If so, the nature and extent of implementation of the plan;
(f) Whether the land is used for grazing;
(g) Whether the land has been subdivided or a plat filed with
respect to the land;
(h) Whether the land and the applicant are in compliance with the
restocking, forest management, fire protection, insect and disease
control, weed control, and forest debris provisions of Title 76 RCW or
applicable rules under Title 76 RCW;
(i) Whether the land is subject to forest fire protection
assessments pursuant to RCW 76.04.610;
(j) Whether the land is subject to a lease, option, or other right
that permits it to be used for a purpose other than growing and
harvesting timber;
(k) A summary of the past experience and activity of the applicant
in growing and harvesting timber;
(l) A summary of current and continuing activity of the applicant
in growing and harvesting timber;
(m) A statement that the applicant is aware of the potential tax
liability involved when the land ceases to be classified as timber
land.
(2) An application made for classification of land under RCW
84.34.020(3) shall be acted upon after a public hearing and after
notice of the hearing is given by one publication in a newspaper of
general circulation in the area at least ten days before the hearing.
Application for classification of land in an incorporated area shall be
acted upon by: (a) A granting authority composed of three members of
the county legislative body and three members of the city legislative
body in which the land is located in a meeting where members may be
physically absent but participating through telephonic connection; or
(b) separate affirmative acts by both the county and city legislative
bodies where both bodies affirm the entirety of an application without
modification or both bodies affirm an application with identical
modifications.
(3) The granting authority shall act upon the application with due
regard to all relevant evidence and without any one or more items of
evidence necessarily being determinative, except that the application
may be denied for one of the following reasons, without regard to other
items:
(a) The land does not contain a stand of timber as defined in
chapter 76.09 RCW and applicable rules, except this reason shall not
alone be sufficient to deny the application (i) if the land has been
recently harvested or supports a growth of brush or noncommercial type
timber, and the application includes a plan for restocking within three
years or the longer period necessitated by unavailability of seed or
seedlings, or (ii) if only isolated areas within the land do not meet
minimum standards due to rock outcroppings, swamps, unproductive soil,
or other natural conditions;
(b) The applicant, with respect to the land, has failed to comply
with a final administrative or judicial order with respect to a
violation of the restocking, forest management, fire protection, insect
and disease control, weed control, and forest debris provisions of
Title 76 RCW or applicable rules under Title 76 RCW;
(c) The land abuts a body of salt water and lies between the line
of ordinary high tide and a line paralleling the ordinary high tide
line and two hundred feet horizontally landward from the high tide
line.
(4) The timber management plan must be filed with the county
legislative authority either: (a) When an application for
classification under this chapter is submitted; (b) when a sale or
transfer of timber land occurs and a notice of continuance is signed;
or (c) within sixty days of the date the application for
reclassification under this chapter or from designated forest land is
received. The application for reclassification shall be accepted, but
shall not be processed until the timber management plan is received.
If the timber management plan is not received within sixty days of the
date the application for reclassification is received, the application
for reclassification shall be denied.
If circumstances require it, the county assessor may allow in
writing an extension of time for submitting a timber management plan
when an application for classification or reclassification or notice of
continuance is filed. When the assessor approves an extension of time
for filing the timber management plan, the county legislative authority
may delay processing an application until the timber management plan is
received. If the timber management plan is not received by the date
set by the assessor, the application or the notice of continuance shall
be denied.
The granting authority may approve the application with respect to
only part of the land that is described in the application, and if any
part of the application is denied, the applicant may withdraw the
entire application. The granting authority, in approving in part or
whole an application for land classified pursuant to RCW 84.34.020(3),
may also require that certain conditions be met.
Granting or denial of an application for current use classification
is a legislative determination and shall be reviewable only for
arbitrary and capricious actions. The granting authority may not
require the granting of easements for land classified pursuant to RCW
84.34.020(3).
The granting authority shall approve or disapprove an application
made under this section within six months following the date the
application is received."
E2SHB 1208 -
By Senators Swecker, Fairley
ADOPTED 04/13/2009
On page 10, line 4 of the title amendment, after "82.45.090," strike the remainder of the title and insert "84.69.030, 84.34.037, and 84.34.041."
EFFECT: A granting authority acting upon an application for classification of land in an incorporated area shall act upon the application in a meeting where members may be physically absent but participating through telephonic connection; or through separate affirmative acts by both the county and city legislative bodies where both bodies affirm the entirety of an application without modification or both bodies affirm an application with identical modifications.