island county planning & community development - Whidbey Island ...

ISLAND COUNTY PLANNING & COMMUNITY DEVELOPMENT PHONE: (360) 679-7339  from Camano (360) 629-4522, Ext. 7339  from S. Whidbey (360) 3215111, Ext. 7339 FAX: (360) 679-7306  1 NE 6th Street, P. O. Box 5000, Coupeville, WA 98239-5000. Internet Home Page: https://www.islandcountywa.gov

UPDATES FOR EXISTING & ONGOING AGRICULTURE AND CRITICAL AREAS REGULATIONS As a part of the Critical Areas Ordinance Update, Island County Planning and Community Development is proposing changes to encourage the continued use of agriculture on smaller parcels while simultaneously ensuring our critical areas are protected. Under current Island County Code (ICC), agricultural activities defined as “Existing and Ongoing” receive an exemption from the full requirements of the Critical Areas Ordinance (CAO), and are instead subject to specific Best Management Practices (BMPs). Under current regulations for an agricultural activity to be considered “Existing and Ongoing” it must have been in existence since October 1, 1998 and meet the following criteria: • Be conducted on Commercial Agriculture (CA) or Rural Agriculture (RA) zoned land; or • Participate in the agricultural tax program; or • Be encumbered by a permanent easement for agricultural practices. What is proposed: • To extend the exemption for Existing and Ongoing agriculture to Rural (R) zoned lands • To create BMPs which are specifically tailored to R zoned lands • To make small improvements to the BMPs that have been in place since 1999 for CA and RA zoned properties Who this impacts: • Farmers who have been conducting agriculture on R zoned properties continually since 1998 would now also receive an exemption from the full requirements of the CAO and instead would be subject to specific BMPs • Farmers who have been conducting agriculture on CA and RA zoned properties since 1998 would experience minor changes to their BMPs that have been in place since 1999 Who this does not impact: • New agriculture started after October 1, 1998 are subject to the full requirements of the CAO • Farmers who have been conducting agriculture since 1998 but are in Shoreline Jurisdiction are subject to the requirements of the SMP. To find out if you are in Shoreline Jurisdiction please visit our interactive map page at: https://islandcountygis.maps.arcgis.com

For more information on this issue and the CAO update process, please visit our project webpage: www.islandcountywa.gov/Planning/Pages/WP17_CAO.aspx Please contact Island County Planning staff if you have any questions or concerns. Planning staff are also available to present the proposed changes to your group or organization upon request. [email protected] (360)678-7807 or (360)678-7972 GMA 12740

ONGOING AGRICULTURE AND CRITICAL AREAS Island County Planning & Community Development Meredith Penny – Long Range Planner

Critical Areas Ordinance Update ■ Critical Areas include: – Wetlands – Fish and Wildlife Habitat Conservation Areas – Geologically Hazardous Areas – Critical Aquifer Recharge Areas – Frequently Flooded Areas ■ Update began in 2015 – Must review Best Available Science – Evaluate how critical areas regulations can be improved in light of new information

What is Existing and Ongoing Agriculture? ■ Receive an exemption from the full requirements of the Critical Areas Ordinance

■ Instead are subject to specific Best Management Practices ■ In order to be “Existing and Ongoing Agriculture” must be in existence since October 1, 1998 and: – Be conducted on Commercial Agriculture (CA) or Rural Agriculture (RA) zoned land; or – Participate in the agricultural tax program; or – Be encumbered by a permanent easement for agricultural practices

Our Goals ■ Encourage the continued use of agriculture on smaller parcels while simultaneously ensuring our critical areas are protected ■ Review the Best Available Science on agriculture and critical areas

■ Identify and consider optional programmatic and regulatory improvements

Data on Agriculture in Island County ■ Within Island County 96% of area supporting ag activity occurs in: CA, RA, or R zones ■ Total area of ag activity is similar across each of these zones

■ Compared to the CA and RA zones, ag activities in the R zone occupy a smaller portion of the total parcel area ■ The number of parcels with ag activities is much higher in the R zone compared to CA and RA ■ Median area of ag activities is much smaller in the R zone compared to CA and RA

Although ag activities in the R zone composes a small portion of the total area within the R zone, the total acreage of ag activities in the R zone represents a significant component of ag production in Island County

Generally What is Proposed ■ To extend the exemption for Existing and Ongoing ag to R zoned lands ■ To create Best Management Practices (BMPs) specifically tailored to R zoned lands ■ To make small improvements to the BMPs that have been in place since 1999 for CA and RA zoned properties

Existing BMPs for RA and CA (in place since 1999)

Wetland or Stream

25ft Riparian Buffer Zone (RBZ)

25ft Agricultural Management Zone (AMZ)

No changes are proposed to these general buffer standards at this time – changes are proposed to the more detailed standards (on next slide)

Proposed Changes to BMPs for RA and CA ■ Where mapped regulated prairie habitat intersect with ongoing ag: – Habitat Management Plan will be required ■ In areas mapped as high groundwater susceptibility: – Application of fertilizer or manure must be at proper agronomic rates ■ Added reference to specific drainage ditch maintenance BMPs in the Shoreline Master Program ■ Current alternative option to an AMZ = established fencing 25ft from wetland/stream edge. – Proposed: 35ft from wetland/stream edge ■ Current minimum vegetative filter strip for livestock confinement areas = 25ft. – Proposed: 30ft per NRCS standards

New BMPs Tailored to R Zoned Properties

Wetland or Stream

50ft Agricultural Management Zone (AMZ)

These are new standards proposed for ongoing ag in the Rural zone; tailored to the new exemption

Who will this impact? ■ Farmers who have been conducting agriculture on R zoned properties continually since 1998 would now also receive an exemption from the full requirements of the CAO and instead would be subject to specific BMPs ■ Farmers who have been conducting agriculture on CA and RA zoned properties since 1998 would experience minor changes to their BMPs that have been in place since 1999

Who will not be impacted? ■ New agriculture started after October 1, 1998 are subject to the full Critical Areas Ordinance ■ Farmers who have been conducting agriculture since 1998 but are in Shoreline Jurisdiction are subject to the requirements of the SMP

Timelines/How to Provide Comments ■ These changes go to the Board of Island County Commissioners for consideration on August 15th (time to be decided, most likely evening meeting) – Time will be provided during the meeting to address the Commissioners with your comments (generally limited to 3 minutes) ■ All materials and information on the CAO update can be found at: www.islandcountywa.gov/Planning/Pages/WP17_CAO.aspx ■ Email any comments to: [email protected]

THANK YOU Meredith Penny (360)-678-7807 [email protected]