31.03.230 Agricultural land conservation – Policies

31.03.230 Agricultural land conservation – Policies.

(1) Findings. [Policy No. 1] There are agricultural lands of long-term commercial significance in parts of the Sequim-Dungeness planning area.

(2) Conservation Strategy. [Policy No. 2] Maintain, enhance and conserve productive agricultural lands through the following means:

•Continue to provide tax incentives (open space or current use assessments);

•Continue to provide technical assistance, such as resource conservation plans prepared by the Clallam Conservation District or Natural Resource Conservation Service;

•Allow and encourage small-scale agricultural uses within both rural and urban areas;

•Provide incentives to cluster development on the least productive soils and conserve remaining land for continued agricultural use;

•Discourage incompatible uses on adjacent lands, through increased setbacks, limits on utility extensions in agricultural areas, right-to-practice agriculture ordinances, and notification to residential landowners of potential incompatible uses;

•Work towards long-term (i.e., permanent) conservation through public and/or private purchase of development rights; and

•Clallam County has demonstrated its willingness to provide for long-term preservation of resource lands and the County shall be willing to consider additional resource land purchases as landowner opportunities arise and the public indicates their strong preference for additional land purchases.

(a) [Policy No. 3] Land meeting the following criteria is designated as agricultural on the land use map and as an agricultural retention zone on the zoning map:

(A) The soil capability class is I, II, and includes the Agnew Soil Series which is a Class III; or

(B) The soil capability class is III and IVs if within an irrigation district or if irrigated; or

(ii) The property does not now have access (hookup rights) to municipal sewers;

(iii) The property has a minimum net farmable parcel size of fifteen (15) acres, including land under contiguous ownership (such as five (5) acre survey parcels);

(iv) The property is usually found in a large contiguous block of agricultural use (minimum of forty (40) acres);

(v) The property is not within a designated urban growth area;

(b) [Policy No. 4] Development regulations shall provide for an agricultural retention zoning district with the following provisions and considerations:

(i) Conserve agricultural lands through land use regulations utilizing agricultural retention developments (twenty-five (25) percent maximum development area/seventy-five (75) minimum farm area). The regulations shall contain the following provisions:

(A) Residential base density in agricultural zones shall be one dwelling unit per sixteen (16) acres if a conventional development pattern of sixteen (16) acre lots is utilized or one dwelling unit per five (5) acres plus a density bonus if a cluster development pattern is utilized. Properties in an agricultural retention zone which have previously divided consistent with the land division ordinance to parcel sizes of approximately five (5) acres or less and are being recombined into a contiguous parcel of a size capable of qualifying for an agricultural retention development shall be able to utilize all of the available residential base density plus density bonuses on-site in an agricultural retention development site or they may transfer development rights to a nonagricultural property. Properties in an agricultural retention zone which have not previously divided to parcel sizes of approximately five (5) acres or less shall be able to utilize a base density of one home per sixteen (16) acres in an on-site agricultural retention development with the remaining one home per five (5) acre base density plus density bonus available for transfer of development rights or for purchase of development rights.

(B) A fifty (50) percent density bonus should be provided for landowners pursuing a cluster development pattern in order to provide an incentive to those owners of contiguous five (5) acre lots (2,300 acres of the agricultural designation) to recombine those lots to a minimum lot size of sixteen (16) acres for the purpose of establishing an agricultural retention development. The fifty (50) percent density bonus may be utilized on-site for a cluster development where previously divided parcels of approximately five (5) acres or less are being recombined into a contiguous parcel size capable of qualifying for an agricultural retention development (sixteen (16) acre minimum size). The fifty (50) percent density bonus for all other lands within the agricultural retention zone may only be utilized outside of the agricultural retention zone through a transfer of development rights to a designated receiving zone or may be extinguished through the purchase of development rights.

(C) Allow golf courses in agricultural zones as a conditional use in an agricultural retention development. All structures and residential components of a golf course shall locate in the development portion (twenty-five (25) percent) of the site. Any elements of a golf course located in an agricultural reserve shall be designed to be compatible with continuing agricultural activities.

(ii) The raising of crops and livestock and associated agricultural activities shall be the principal land use within areas designated as agricultural. Agricultural land uses on the portion of a parcel set aside for agriculture would include, but not be limited to, a farm residence, farm buildings, and direct marketing farm stands, home enterprises and home-based industries. These uses shall not disrupt agricultural land use within the district.

(iii) Residential developments in agricultural lands should be clustered on the least productive portion of the parcel and should be designed to accommodate adjacent agricultural uses. Residential developments shall be clustered in such a manner as not to impact wetland areas consistent with the Clallam County Critical Areas Code.

(iv) Lands designated as agricultural shall provide for the retention of large parcels and ownership patterns conducive to agriculture. The minimum agricultural reserve size in agricultural resource lands shall be fifteen (15) net farmable acres. The term “net farmable acres” means that at a minimum fifteen (15) acres shall remain open and farmable after all associated development is complete. When clustered subdivisions are used in areas designated for agricultural, the clusters should be arranged to protect and combine large tracts for productive farming, minimize conflicts with continued agriculture and be consistent with public facility and service requirements.

(i) An error was made in application of the criteria establishing the zone; or

(ii) Commercial farming is no longer a viable option for this area due to loss of all irrigation potential or other significant physical loss of agricultural potential; or

(iii) After giving careful consideration and upon the basis of abundant long-term evidence utilizing local agricultural land values (nonresidential values) and local farmland lease rates as a means of comparison, the Board of County Commissioners finds that no entity will purchase or lease the land for agricultural use at a fair, locally determined, agricultural market value.

(d) [Policy No. 6] Land with an approved cluster development site shall remain in the agricultural designation.

(e) [Policy No. 7] Agricultural lands with 15 net farmable acres that do not meet the criteria listed in Policy No. 3, subsection (3)(a) of this section, may be designated as agricultural if the land is capable of agricultural production and the owner desires to have it designated.

(4) Land Use Maps. [Policy No. 8] The Comprehensive Plan land use map shall have one designation for agricultural resource lands with density provisions that allow no more than one home per 16 acres unless an agricultural retention development is proposed which would allow a base density of one home per five acres for properties in an agricultural retention zone. Properties in an agricultural retention zone which have previously divided to parcel sizes of approximately five acres or less and are being recombined into a contiguous parcel of a size capable of qualifying for an agricultural retention development shall be able to utilize all of the available residential base density on-site in the agricultural retention developments site or may transfer/sell development rights off-site. Properties in an agricultural retention zone which have not previously divided to parcel sizes of approximately five acres or less shall be able to utilize a base density of one home per 16 acres in an on-site agricultural retention development with the remaining one home per five-acre base density available for transfer of development rights or for purchase of development rights.

(5) Purchase of Development Rights. [Policy No. 9] Develop a program for lasting, long-term conservation of agricultural lands based on public and/or private financial support.

(a) Focus the program on purchase of development rights in order to keep lands in private ownership. Once development rights are purchased, future development shall be restricted through such legal instruments as necessary to ensure permanent conservation of lands for the benefit of future generations.

(b) Work with the public and landowners to set priorities for the purchase of development rights which will provide long-term protection of farmland. Priorities may be set based on development pressures, open space value, or environmental values.

(d) County revenues shall not be used to fund a purchase of development rights (PDR) program without the approval of the citizens of Clallam County as evidenced by an affirmative vote of County-wide registered voters. The County will be supportive of private initiatives to establish a fund to implement a PDR program.

(a) [Policy No. 10] Before the end of 1998, develop a program for transfer of development rights from areas with an agriculture designation into areas outside of the agriculture designation where additional development may be appropriately located in the Sequim-Dungeness Valley. Until additional development rights receiving zones in the Sequim urban growth area and in the proposed Carlsborg urban growth area are designated, development rights from agricultural retention zones may be transferred into the existing Port Angeles urban growth area designated receiving zones.

(b) [Policy No. 11] Clallam County shall conduct a study of the value of transfer of agricultural land development rights at least every five years in order to determine the average selling price of development rights and to compare these values with the average sales price of comparable bare land lot sales recorded throughout the Sequim-Dungeness Valley. These studies shall be utilized by the County to determine if adjustments to the agricultural retention zone are needed.

(a) [Policy No. 12] Public services and utilities within and adjacent to areas designated as agricultural shall be designed to prevent negative impacts on agriculture and to maintain total farmland acreage, as follows:

(i) Water lines, sewer lines, and other public facilities should avoid crossing areas designated as agricultural unless their purpose is to provide service necessary for agriculture and they can be installed at times which minimize negative impacts on seasonal agricultural practices;

(ii) Roads that cross areas designated as agricultural should be aligned, designed and maintained to minimize negative impacts on agriculture and support farm traffic; and

(iii) In rare cases when facilities meeting urban needs intrude into areas designated as agricultural, they should be located to prevent disruption of agricultural activity.

(b) [Policy No. 13] Land located adjacent to designated agricultural lands should be compatible with the agricultural use through the following measures:

(i) Increased setbacks for all buildings located outside of but adjacent to agricultural areas.

(ii) Implementation of the Right to Practice Agriculture Ordinance, an ordinance designed to minimize nuisance complaints regarding agricultural activities that follow best management practices.

(a) [Policy No. 14] Agricultural reserves in approved agricultural retention developments should be exempt from taxation originating from local improvement districts and local utility districts unless they directly benefit agricultural land use.

(b) [Policy No. 15] Continue to conserve all agricultural lands, whether designated for long-term commercial significance or not, through property tax incentives (current use assessments).

(c) [Policy No. 16] Clallam County shall develop a low-cost revolving loan program to aid local farmers/landowners in financing the upfront development costs for preliminary engineering and subdivision approval permitting fees in agricultural retention developments. These loans shall be repaid to Clallam County through initial sales of subdivision lots.

(9) Finfish Hatcheries. [Policy No. 17] Ensure that land uses adjacent to finfish hatcheries are compatible with the long-term commercial production of those hatcheries. Consideration shall be given to appropriate land use densities, land use practices, and maintenance of water quality standards.