Current through Register Vol. 24-06, March 15, 2024
(1)
Introduction. This section
explains the application process for an applicant who seeks to have land
classified or reclassified as open space land under
RCW
84.34.020(1).
(2)
Where to submit. An
application for classification or reclassification of land as open space shall
be made to the county legislative authority of the county in which the land is
located.
(3)
Granting
authority. The identity of the entity that will act as the granting
authority shall be determined by the location of the land the applicant seeks
to classify or reclassify as open space land. The granting authority shall be
determined as follows:
(a) If the parcel(s) of
land is located in an unincorporated area of the county, the county legislative
authority shall be the granting authority.
(b) If the parcel(s) of land is located in an
incorporated area of the county, a copy of the application for classification
or reclassification shall be forwarded to the city legislative authority in
which the land is located. Applications must be acted upon by:
(i) A granting authority composed of three
members of the county legislative authority and three members of the city
legislative authority in a meeting where members may be physically absent but
participating through a telephonic connection; or
(ii) Separate affirmative acts by both the
county and city legislative authorities whereby each authority affirms the
entirety of the application without modification or each authority affirms the
application with identical modifications.
(4)
Application process. An
application for classification or reclassification of a parcel(s) of land as
open space land shall be processed as follows:
(a)
Comprehensive land use plan.
The granting authority shall determine whether or not the land is located in an
area designated as "open space" by an official comprehensive land use plan
adopted by a city or county and zoned accordingly.
(i) If the land is in an area subject to a
comprehensive plan, the application for classification or reclassification
shall be treated in the same manner as a proposed amendment to that
plan.
(ii) If the land is in an
area not subject to a comprehensive plan, a public hearing on the application
shall be conducted. A notice of this hearing shall be announced once by
publication in a newspaper of general circulation in the region, city, or
county at least ten days before the hearing. The owner who submitted the
application for classification or reclassification that is the subject of the
public hearing shall be notified in writing of the date, time, and location of
this hearing.
(b)
Factors to consider. In determining whether an application for
classification or reclassification as open space land should be approved, the
granting authority:
(i) May take particular
notice of the benefits to the general welfare of preserving the current use of
the parcel(s) of land described in the application; and
(ii) Shall consider the following:
(A) The revenue loss or tax shift that will
result from granting the application;
(B) Whether granting the application for
classification or reclassification of land under
RCW
84.34.020(1)(b) will:
(I) Conserve or enhance natural, cultural, or
scenic resources;
(II) Protect
streams, stream corridors, wetlands, natural shorelines, and
aquifers;
(III) Protect soil
resources, unique or critical wildlife, and native plant habitat;
(IV) Promote conservation principles by
example or by offering educational opportunities;
(V) Enhance the value to the public of
abutting or neighboring parks, forests, wildlife preserves, nature reservations
or sanctuaries, or other open spaces;
(VI) Enhance recreation
opportunities;
(VII) Preserve
historic and archaeological sites;
(VIII) Preserve visual quality along highway,
road, and street corridors or scenic vistas; or
(IX) Affect any other factors relevant in
weighing benefits to the general welfare of preserving the current use of the
land; and
(C) Whether
granting the application for classification or reclassification of land as farm
and agricultural conservation land (RCW
84.34.020(1)(c) ) will:
(I) Either preserve land previously
classified as farm and agricultural land under
RCW
84.34.020(2) or preserve
traditional farmland not classified under chapter 84.33 or
84.34 RCW;
(II) Preserve land with a potential for
returning to commercial agriculture; and
(III) Affect any other factors relevant in
weighing general benefits of preserving the current use of the
property.
(iii) In addition to the foregoing concerns,
the granting authority shall consider:
(A) The
existence of any mining claim or mining lease on the land, and if such a claim
or lease will seriously interfere with the considerations stated in (b)(i) and
(ii) of this subsection. If the granting authority determines serious
interference will occur, it may deny the application in whole or in part. If a
mining claim or mining lease is obtained after the land is classified or
reclassified, the same determination must be made in deciding whether serious
interference will occur; and
(B)
The zoning of the parcel(s) of land at the time the application for
classification or reclassification is filed.
(5)
Approval or denial of
application. The granting authority shall either approve or disapprove
the application within six months of the date the completed application was
received by the county legislative authority.
(a) The granting authority may approve the
application for classification or reclassification in whole or in part. If any
part of the application is denied, the applicant may withdraw the entire
application.
(b) In approving the
application in whole or in part, the granting authority may also require that
certain conditions be met including, but not limited to, the granting of
easements. As a condition of granting an application for open space
classification, the granting authority may not require public access on land
classified under
RCW
84.34.020(1)(b)(iii) to
promote the conservation of wetlands.
(c) If approved, valuation of the land at its
current use value shall begin on January 1 of the year following the year the
application was filed. However, any application approved on or after July 1 of
any year shall cause the land to be listed on the assessment roll at its
current use value on January 1 of the following assessment year.
(d) When the application for classification
or reclassification as open space has been approved, the granting authority
shall prepare an agreement. See WAC
458-30-240 for a detailed
description of this agreement.
(e)
The granting or denial of an application for classification or reclassification
as open space land is a legislative determination and shall be reviewable only
for arbitrary and capricious actions.
(6)
Public benefit rating
system. When an application for classification or reclassification under
RCW
84.34.020(1)(b) and (c) is
submitted regarding land that is subject to a public benefit rating system
adopted under
RCW
84.34.055, the county legislative authority
shall rate the parcel(s) of land in accordance with the public benefit rating
system to determine whether the application should be approved or denied.
Land that was classified under
RCW
84.34.020(1)(b) or (c) prior
to the adoption of a public benefit rating system does not have to requalify
for classification under the criteria of the public benefit rating system. The
land shall not be removed from classification by an assessor. This land may be
rated according to the public benefit rating system as appropriate. (See WAC
458-30-330 for more information
about the public benefit rating system.)
(7)
Record retention. The
granting authority shall keep a record of each application, agreement, and
records relating to each agreement.
Statutory Authority:
RCW
84.08.070,
84.34.141,
84.36.865,
84.52.0502. 09-19-010, §
458-30-230, filed 9/3/09, effective 10/4/09. Statutory Authority: RCW
84.08.110,
84.08.070,
84.34.141 and
84.34.360. 95-21-002, §
458-30-230, filed 10/4/95, effective 11/4/95. Statutory Authority:
RCW
84.08.010(2),
84.34.141 and
chapter
84.34 RCW. 88-23-062
(Order PT 88-12), § 458-30-230, filed
11/15/88.