(1) GMA Goals. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.

Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.

Encourage the retention of open space and development of recreational opportunities such as non-motorized trails; conserve fish and wildlife habitat; increase access to natural resource lands and water, such as non-motorized trails; and develop parks.

Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.

(2) Definition. The Growth Management Act defines “agricultural land” as land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.

The Growth Management Act defines “long-term commercial significance” to include the growing capacity, productivity, and soil composition of the land for sustained commercial production, in consideration of the land’s proximity to population areas, and the possibility of more intense uses of the land.

(3) Resource Base. The agricultural resource base in Clallam County, and particularly the Sequim-Dungeness region, is at a crucial turning point. During the period of time from 1955 to 1978, the Census of Agriculture shows a loss of over 47,000 acres of farmland in the County, the vast majority of which was located in the Sequim-Dungeness region. Additional losses of agricultural land have occurred since that time.

In 1992, Clallam County adopted interim designation and conservation regulations to conserve agricultural lands. These regulations designated approximately 7,500 acres of land as agricultural. Development within these designations was allowed if developed in a cluster pattern (30 percent development/70 percent farm). These interim measures were successful in discouraging additional loss of agricultural lands to nonagricultural use.

As the total resource base declines for agricultural use, the viability of the remaining agricultural lands for long-term commercial production also declines. With less land being farmed, equipment suppliers, and other support services also decline. The days where the Sequim-Dungeness Valley was a major agricultural base, with numerous dairies and other agricultural business, is now unfortunately only a part of our history.

(4) Development Pressures. The remaining agricultural land in the Sequim-Dungeness region continues to be subject to development pressures, even with the interim regulations adopted in 1992. Despite regulations, existing agricultural land can be converted, either by selling existing “vested” five-acre survey developments, or clustering the development and converting at least 30 percent of the land.

Before 1993, Clallam County did not regulate divisions of land over five acres in size. As a result of several planning and zoning initiatives, many of the agricultural landowners legally divided their land into five-acre parcels (“vested” lots). These five-acre parcels may be sold at any time despite the land being zoned for agricultural uses. Thus, it is impossible to ensure long-term commercial agricultural production on these lands. It is estimated that 50 percent of the lands designated for agricultural land use in 1992 have already been legally divided into five-acre parcels.

Interim cluster development regulations required large density incentives to encourage landowners to cluster development rather than sell five-acre parcels. Issues relating to the densities allowed in agricultural cluster developments and the viability of farming the remaining open space have been raised by the public and the agricultural community. If cluster development patterns are to succeed, the density in the cluster cannot cause a drastic change in the character of the surrounding area and the remaining farmland has to be large enough to be commercially viable.

There have been other nonresidential pressures for agricultural land, most notably active recreation such as golf courses. With the increase in population and the recent closure of some private golf courses to the public, there has been increased pressure to allow golf courses on agricultural land.

(5) Open Space. Although it is recognized that agricultural lands do play a significant role in our local economy and lifestyle, these lands may play a greater role as open space for the enjoyment of the public, preservation of the remaining rural character of the Sequim-Dungeness Valley, and as wildlife habitat. If the agricultural lands are viewed as open space, then consideration to other open space uses like golf courses might be made.

(6) Public Interest. During the regional planning process, citizens of the Sequim-Dungeness region have indicated a strong interest in conserving agricultural lands, open space and the quality of the environment. This issue has, and will continue to be, a very emotional discussion between property owners and the general public. It is unquestionable that the remaining agricultural lands in the area play a vital component in maintaining the rural character of the Valley. However, the interest of the general public over the interest of the private property owner must be carefully considered. This plan cannot diminish the goal to protect property rights.

(7) Conservation Alternatives. Conservation of agricultural lands could be accomplished through several alternatives:

(8) Development Rights. There are several ways to acquire the development rights, purchase those rights or transfer the rights to other properties. This plan pursues the concept of purchasing those rights.

The purchase of development rights occurs when the public acquires the rights held by the property owner to develop the land while the owner maintains the right to utilize the land for agricultural purposes. Once the public has purchased the development rights of the property, title to those rights no longer remains with the property owner and the agricultural nature of the land is preserved. The public purchase of development rights should provide more assurance that agricultural lands will be conserved forever than the use of traditional regulatory measures.

Other options available to local governments for conservation of agricultural lands and open space are special property tax laws (conservation futures) or real estate excise tax. Conservation futures authorize an assessment of $0.0625 per $1,000 of assessed valuation, which would have generated $133,800 in revenue in 1994. This tax does not require voter approval and could be used as the source for issuance of bonds approved by the Board of Clallam County Commissioners. Real estate excise taxes include an option for a voter-approved one percent tax on the transfer of property for the purpose of acquiring conservation areas, which would have resulted in $1,200,000 in revenue in 1993.

(9) Finfish Hatcheries. In 1994 the State amended the definition of agricultural land to include finfish in upland hatcheries. This planning area has finfish hatcheries at Hurd Creek and the Dungeness River. The Hurd Creek hatchery is susceptible to incompatible adjacent residential land uses which might affect water quality, and the Dungeness hatchery might be susceptible to upper watershed disturbances from sedimentation, siltation and other water quality problems.