BILL REQ. #:  H-1405.2 

Read first time 02/08/11.   Referred to Committee on Local Government.

     AN ACT Relating to ensuring the continuance of agricultural activities through provisions in the growth management act; amending RCW 36.70A.060; adding a new section to chapter 36.70A RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that Washington's agriculture industry is vital to the health and well-being of the state and its residents. This industry employs one hundred sixty thousand persons, has an economic value of thirty-eight billion dollars, and represents twelve percent of the state's economy. Additionally, the legislature recognizes that the agricultural community has a deeply vested interest in protecting the natural functions of the land, as clean water and a healthy environment are essential to the community's livelihood.
     The legislature finds also that agricultural production has been decreasing in recent years and that many production and production-related businesses have either closed or relocated to other locations with more favorable regulatory environments. These trends are especially troubling, as the agriculture industry provides fresh and nutritious foods for our residents and prevents Washingtonians from relying upon products produced in other states and nations.
     The growth management act recognizes the importance of having agricultural activities on lands throughout the state. The act currently regulates agricultural land differently than critical areas because of the importance of the agriculture industry to all Washington residents. The legislature affirms that the Washington state department of agriculture is properly recognized as the state agency that should address concerns related to agricultural activity.
     The legislature further finds that twelve state agencies and twelve federal agencies have jurisdiction over agricultural activities. Additionally, water quality is regulated by five state agencies and two federal agencies. Because of the current regulatory regime and the importance to our economy of continued prosperous agricultural activities, the legislature finds there is a need to prevent another layer of regulation being placed upon agricultural activities when they occur on lands designated as critical areas.

Sec. 2   RCW 36.70A.060 and 2005 c 423 s 3 are each amended to read as follows:
     (1)(a) ((Except as provided in RCW 36.70A.1701,)) Each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until the county or city adopts development regulations pursuant to RCW 36.70A.040. Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals.
     (b) Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within five hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. The notice for mineral resource lands shall also inform that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals.
     (2)(a) Except as provided in (b) of this subsection, each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities, such development regulations shall be adopted on or before March 1, 1992.
     (b) Development regulations that protect critical areas may not apply to areas upon which agricultural activities occur. For purposes of this subsection (2)(b), "agricultural activities" has the same meaning as defined in section 3 of this act.
     (3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency.
     (4) Forest land and agricultural land located within urban growth areas shall not be designated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.

NEW SECTION.  Sec. 3   A new section is added to chapter 36.70A RCW to read as follows:
     (1) Nothing in this chapter authorizes a county or city to cause an agricultural activity to cease.
     (2) For purposes of this section, "agricultural activity" or "agricultural activities" means agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant for any reason; conducting agricultural operations; maintaining, repairing, and replacing agricultural facilities, when the replacement facility is no closer to a critical area than the original facility or in substantially the same location as the original; and maintaining agricultural lands under production or cultivation.