Current through Register Vol. 24-06, March 15, 2024
(1)
Introduction. The 1992 legislative changes to
chapter
84.34 RCW created a
subclassification of farm and agricultural conservation land within the open
space classification. This section explains the criteria and procedures related
to farm and agricultural conservation land.
(2)
Open space application criteria and
process must be followed. Farm and agricultural conservation land is not
a separate classification within
chapter
84.34 RCW. This type of
land is merely a subclassification within the open space classification.
(a) To obtain the open space/farm and
agricultural conservation land classification, the applicant must follow and
comply with the procedures and requirements related to the open space
classification. The process of applying for open space classification is set
forth in RCW 84.34.037 and WAC
458-30-230.
(b) In addition to the information normally
required to accompany an application for open space classification, an
applicant seeking open space/farm and agricultural conservation land
classification shall submit a statement about the previous use, the current
use, and the intended future use of the land. If the land is traditional
farmland that has never been classified under chapter 84.33 or
84.34 RCW, this information should
be included in the applicant's signed statement.
(3)
Specific requirements for
classification as open space/farm and agricultural conservation land. To
be classified as farm and agricultural conservation land, the land shall be:
(a) Previously classified as farm and
agricultural land under
RCW
84.34.020(2), that no longer
meets the criteria for classification under
RCW
84.34.020(2), and that shall
be reclassified as open space land under
RCW
84.34.020(1); or
(b) Traditional farmland that is not
classified under chapter 84.33 or
84.34 RCW, that has not been
irrevocably dedicated to a use inconsistent with agricultural uses, and that
has a high potential for returning to commercial agricultural
purposes.
(4)
Examples.
(a) Farmer Jones and
his wife own nineteen acres of classified farm and agricultural land. Farmer
Jones dies and his wife inherits the classified land. Mrs. Jones realizes that
she cannot actively farm the land and produce the annual amount of income
required by
RCW
84.34.020(2)(b). She decides
to have the land reclassified as farm and agricultural conservation land within
the open space classification. The land may be reclassified as open space/farm
and agricultural conservation land under subsection (3)(a) of this section if
she submits an application for reclassification as open space/farm and
agricultural conservation land and the application for reclassification is
approved by the granting authority.
(b) Farmer McDowell has a fifty acre parcel
of land on which he raises pigs and goats. He inherited this land from his
father who farmed it before him. Also, the land has never been classified under
chapter
84.34 RCW nor has it ever
been designated forest land under chapter 84.33 RCW. As the result of an
accident, Farmer McDowell breaks his back and cannot actively farm the land for
an extended period of time. This land may be classified as open space/farm and
agricultural conservation land under subsection (3)(b) of this section if
Farmer McDowell submits an application for classification as open space/farm
and agricultural conservation land, the application for classification is
approved, the land is not irrevocably dedicated to a use inconsistent with
agricultural uses, and the land has a high potential for returning to
commercial agriculture.
Statutory Authority: RCW 84.08.110,
84.08.070,
84.34.141 and
84.34.360. 95-21-002, §
458-30-242, filed 10/4/95, effective
11/4/95.