HomeMy WebLinkAbout51-19 - Ord. Amending Chapter 8.52 to Incorporate the Volunteer Stewardship Program (VSP) ORDINANCE NUMBER I
AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.52
OF THE MASON COUNTY CODE TO INCORPORATE
THE VOLUNTARY STEWARDSHIP PROGRAM
AN ORDINANCE amending Title 8, Chapter 8.52 of the Mason County Code (MCC) under the
authority of Chapters 36.70 and 36.70A RCW.
WHEREAS, the Washington State Legislature, through Enhanced Substitute House Bill
(ESHB)1886, known as the Ruckelshaus Bill, created a Voluntary Stewardship Program (VSP) for
the protection of critical areas within areas where agricultural activities are conducted; and
WHEREAS, ESHB 1886, as codified in RCW 36.70A.710 of the Growth Management Act,
provided that the legislative authority of a county may elect to participate, or opt in, to the
Program by January 22, 2012; and
WHEREAS, on January 17, 2012 Mason County elected by Resolution #07-12 to participate in
VSP, and to implement the program at such time as adequate state funding was available; and
WHEREAS, on December 7, 2015 Mason County entered into a Contract with the Washington
Conservation Commission (WCC) for grant funding to establish a Voluntary Stewardship
Program and to create a Program Work Plan; and
WHEREAS, Mason County entered into an Interlocal Agreement with the Mason Conservation
District to serve as Lead Entity responsible for creating a Work Plan and implementing the
Program; and
WHEREAS, on June 20, 2018 Mason County received approval from the Washington
Conservation Commission on the completion of VSP Work Plan as described in RCW
36.70A.720; and
WHEREAS, amendments to MCC Chapter 8.52 subject of this Ordinance incorporate the VSP
and its application to all eligible agricultural activities for as long as the Program remains in
effect; and
WHEREAS, the Mason County Planning Advisory Commission conducted a public hearing on
January 28, 2019 and again on April 15, 2019 and recommended adoption of the amendments
by the Board of County Commissioners; and
Pa g e 1 Ordinance Amending Title 8,Chapter 8.52 Resource Ordinance
NOW THEREFORE, BE IT ORDAINED that the Board of Commissioners of Mason County hereby
amends MCC Chapter 8.52 to incorporate the Voluntary Stewardship Program. (See Attachment
"A//
DATED this day of Turu, 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY SHINGTON
ATTEST:
)" 1.1� /
Kevin Shutty, C it
Meli sa D ewry, Clerk of the Board
APPROVED AS TO FORM: Sharon Trask, Commissioner
Tim Whitehead, Chief DPA R dy Neatherlin, Commissioner
P a g e 12 Ordinance Amending Title 8,Chapter 8.52 Resource Ordinance
ATTACHMENT"A"
Resource Ordinance
Title 8.52 MCC
8.52.020 — Purpose.
The purpose of the Resource Ordinance is to protect Mason County's natural resource lands and critical
areas while the County develops its comprehensive plan and associated regulations. The regulations
established in this Chapter,adopted by Ordinance No. 77-93,seek to:
Establish uniform processes to be used by Mason County for the review of land use and development
proposals within critical areas and resource lands.
Conserve resource lands for productive economic use by identifying and designating resource lands
where the principal and preferred land use is commercial resource management, and by protecting the
same from incompatible land uses.
Protect the identified critical areas in their natural functions, along with air and water quality, to sustain
the County's quality of life.
Encourage creative development techniques and land use practices which will help to accomplish these
goals.
Encourage the voluntary enrollment of agricultural lands and uses into the Open Space Tax Program
and agricultural activities into the Voluntary Stewardship Program.
This ordinance fulfills the goals of the State Growth Management Act (RCW 36.70A et al) and the State
Environment Policy Act(RCW 43.21).
8.52.030 — Definitions.
For the purposes of this chapter:
Voluntary Stewardship Program: Enabled under the state's Growth Management Act (RCW 36.70A.700)
on July 22, 2011, this is a non-regulatory, incentive-based approach to protecting critical areas on
agricultural lands,while maintaining agricultural viability. (Refer to MCC 8.52.050(E))
8.52.050 — Relationship to Other Regulations.
(E) Voluntary Stewardship Program.
Washington's Growth Management Act(Chapter 36.70A RCW) requires all counties to identify and
protect critical areas, including critical areas on agricultural lands.The Voluntary Stewardship
Program(VSP), adopted on July 22, 2011, offers a voluntary, incentive based approach for
counties to meet that requirement.The Program begins by establishing a baseline of critical area
conditions and then monitors responsive changes to that baseline over a 10-year period. The VSP
applies to land where agricultural activities occur, and provides a unique strategy to protect
critical areas while also promoting agriculture. Rather than creating new regulations,the VSP
allows Mason County to rely on education,outreach, and voluntary incentive programs to achieve
protection. Under VSP,critical areas on lands where agricultural activities are conducted are
protected under this voluntary program instead of the resource regulations through best
management,or conservation, practices. Lands used for non-agricultural purposes continue to be
regulated under the regulations of this Chapter. The guiding document for the VSP is the Work
Plan; however the VSP is not a regulatory program and the completed Work Plan is not formally
Pagel 1 Amending Title 8,Chapter 8.52 to Incorporate the Voluntary Stewardship Program
ATTACHMENT"A"
adopted by the Mason County Commissioners. The VSP does not grant the state or the county
any additional regulatory authority.
(1) Work Plan
The Work Plan was developed by the VSP Work Group which is a Commissioner
appointment citizen group comprised of agricultural producers, interested citizens, and
agency representatives.The Work Plan includes detailed information such as protection
and enhancement goals measurable benchmarks and an implementation, reporting, and
tracking framework. One of the main goals of the Work Plan is to identify conservation
practices that are implemented under existing programs or voluntarily implemented
practices and identify future goals and benchmarks for continued protection and
enhancement of the County's critical area functions and values.
(2) Participation in VSP
The VSP applies to all agricultural activities where they intersect with critical areas,
including new and ongoing activities. Many agricultural operators in Mason County are
already conducting conservation practices that promote agricultural viability while also
providing protections to critical areas. Under VSP, operators have flexibility in how they
participate ranging from continuing current agricultural operations outside of any tracking
framework to implementing an Individual Stewardship Plan with new or additional
conservation practices and annually sharing practices implemented as part of the reporting
process. No agricultural operator will be required to participate in voluntary stewardship
practices as part of this program, and the program cannot require anyone to discontinue
any agricultural activities legally existing before July 22, 2011.
(3) Individual Stewardship Plans
Individual Stewardship Plans (ISPs) are generally prepared by the Mason Conservation
District, as the designated technical assistance entity,together with the agricultural
operator,to capture the protection and/or enhancement activities performed by the
operator as part of the VSP. ISPs are not defined in the VSP statute, and could even take
the form of a simple checklist of conservation practices and programs that further the goals
of the VSP. Every ISP developed as part of the VSP will count toward the success of the
overall program, even if it captures conservation practices already being implemented as
long as they were started after the baseline date of July 22, 2011.
(4) Baseline Conditions
The effective date of the VSP legislation is July 22, 2011.This date identifies the baseline for
protecting critical areas functions and maintaining agricultural viability that will be the
comparison for determining the success of the Work Plan during implementation.
(5) Benefits to Participation
The VSP serves as an alternative to the regulatory approach of the GMA by allowing
Counties to show protection of critical areas through voluntary stewardship measures.
Participating in VSP contributes to its overall success,which means less regulatory burden
on Mason County's agriculture operators.At the County level, the VSP provides an
opportunity to avoid application of critical area regulations to agricultural activities, while
developing a locally-tailored approach to protection of critical areas on agricultural lands.
At the individual level, participants receive technical assistance including leveraging existing
Page l 2 Amending Title 8, Chapter 8.52 to Incorporate the Voluntary Stewardship Program
ATTACHMENT"A"
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voluntary incentive programs such as financial assistance and cost share programs, and the
planning and implementation of conservation activities. VSP encourages the
implementation of conservation activities that benefit agricultural viability.
(6) Regulatory Backstop
The VSP allows for counties to incorporate existing regulations that help achieve the Work
Plan's goals and benchmarks. These regulatory backstops are portions of this Chapter that
will remain in full force and effect and existing and future agricultural activities occurring
in these critical areas will continue to be regulated under the County's resource
regulations. Under the approved Work Plan, Section 8.52.140(Geologically Hazardous
Areas) Section 8.52.150(Seismic Hazard Areas),and Section 8.52.130 (Frequently Flooded
Areas)will remain in effect for agricultural activities occurring in these critical areas.
8.52.170 — Fish and Wildlife Habitat Conservation Areas.
(D) Establishment of Buffers on Fish and Wildlife Habitat Conservation Areas.
FWHCA's shall have buffers established and maintained along their perimeters. Buffers shall be
retained in their natural condition, except as provided elsewhere in the ordinance codified in this
chapter.
(4) Activities in FWHCA's or Buffers that Do Not Require a Habitat Management Plan.
(a) Agricultural Activities. All new agFiGUltural aEtivities within any PWH A and/
buffeF complying with a cuFrent conservation plan that eenfeFms with the standa
and specifieatiens of the Nat .,i Reseffees Conservation SeNice and ; b fflitte t�
stat agency. Di +seeding of aquaeultuFe is not c side ed de .For all
new and ongoing agricultural activities refer to Section 8.52.050(E).
(F) Stewardship Options and Incentives.
The purpose of this subsection is to encourage property owners to protect critical areas and their
buffers and to reduce the burden on property owners from the application of the Resource
Ordinance regulations. The options given below may be used individually, or they may be
combined for greatest effect and benefit.
(9) {#Voluntary Stewardship Program. The implementation of plans and practices that
voluntarily protect and enhance critical areas where agricultural activities are conducted.
Refer to Section 8.52.050(E).
8.52.200 — General Exemptions.
The following activities shall be exempt from the provisions of this ordinance:
(10) Agricultural activities as defined in MCC Section 8.52.030,with the exception of those activities
conducted in geologically hazardous areas,seismic hazard areas, and frequently flooded
areas. Refer to Section 8.52.050(E). Exemption from this Chapter shall not be deemed to grant
exemption from any other provisions of the Mason County Code including MCC Chapter 14.04
(State Building Codes) MCC Title 17 (Zoning and Shoreline Master Program), and all applicable
state and federal laws including the Federal Clean Water Act,the Washington Water Pollution
Control Act the U.S. Endangered Species Act and the Washington State Environmental Policy Act.
Page 1 3 Amending Title 8,Chapter 8.52 to Incorporate the Voluntary Stewardship Program