(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, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.

Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.

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 Port Angeles planning area contains no land which qualifies as agricultural resource land of long-term commercial significance. This finding is based on the fact that agricultural lands in this region are primarily utilized as pasture for animal raising and very few of these operations are commercially viable. The region does, however contain several large farms which have significant impact on the rural character and aesthetics of the region. These properties should be targeted for transfer or purchase of development rights programs. The Port Angeles watershed characterization report identified eighty-five (85) farms exceeding twenty (20) acres in size covering nearly 2,000 acres. Policies should encourage the conservation of land put to productive use.

(4) 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 Port Angeles planning area, and as wildlife habitat.

(5) Public Interest. During the regional planning process, citizens of the Port Angeles 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 rural character. 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.

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

(7) Development Rights. There are several ways to acquire the development rights: purchase those rights or transfer the rights to other properties. 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.

The Sequim-Dungeness Regional Plan contains policies supporting a program to purchase the development rights of certain agricultural lands. Such a program would require a vote by all residents of the County, as the funds would be obtained through “general obligation” bonds of County government. This program could include some properties in the Port Angeles planning area as this would enhance the probability of being approved by voters in this region.

If a levy of $5,000,000 was proposed and approved, it is estimated the levy would amount to $0.103 per $1,000 of assessed valuation. In this example, the owner of a $100,000 house would pay $10.30 per year to pay off the conservation purchase bond.

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 authorizes 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.

(8) Finfish Hatcheries. In 1994 the State amended the definition of agricultural land to include finfish in upland hatcheries. This planning area has two (2) finfish hatcheries on the Elwha River. Both hatcheries are susceptible to incompatible adjacent residential land uses which might affect water quality.