BILL REQ. #:  S-1693.2 

READ FIRST TIME 02/21/11.   

     AN ACT Relating to the use of designated agricultural lands; amending RCW 36.70A.060; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature intends to clarify the provisions regarding the protection of designated agricultural land for future agricultural use.

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.
     (c) Any city, county, or state agency owning land designated as agricultural land of long-term commercial significance by a comprehensive plan or development regulations adopted under this chapter must protect and maintain that land for future agricultural use and for uses compatible with agricultural uses allowed by the applicable development regulations. This subsection (1)(c) shall not be construed to prohibit uses compatible with future agricultural use or prohibit the exchange or sale of state forest lands or state lands as defined in RCW 79.02.010 at the highest and best value for use as allowed by applicable development regulations. This subsection (1)(c) shall not constrain the acquisition or use of lands necessary for construction, operation, and maintenance of highway facilities, however, siting of mitigation projects shall not take place on agricultural lands of long-term commercial significance.
     (2) 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.
     (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.