Conservation district limits

AN ACT Relating to conservation district revenue limitations; and 1
amending RCW 89.08.405. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 89.08.405 and 2021 c 176 s 5252 are each amended to 4
read as follows: 5
(1) Any county legislative authority may approve by resolution 6
revenues to a conservation district by fixing rates and charges. The 7
county legislative authority may provide for this system of rates and 8
charges as an alternative to, but not in addition to, a special 9
assessment provided by RCW 89.08.400. In fixing rates and charges, 10
the county legislative authority may in its discretion consider the 11
information proposed to the county legislative authority by a 12
conservation district consistent with this section.13
(2) A conservation district, in proposing a system of rates and 14
charges, may consider: 15
(a) Services furnished, to be furnished, or available to the 16
landowner; 17
(b) Benefits received, to be received, or available to the 18
property; 19
(c) The character and use of land; 20
H-0576.1
HOUSE BILL 1488
State of Washington 69th Legislature 2025 Regular Session
By Representatives Berg, Duerr, and Peterson
Read first time 01/21/25. Referred to Committee on Finance.
p. 1 HB 1488
(d) The public benefit nonprofit corporation status, as defined 1
in RCW 24.03A.245, of the land user; 2
(e) The income level of persons served or provided benefits under 3
this chapter, including senior citizens and disabled persons; or4
(f) Any other matters that present a reasonable difference as a 5
ground for distinction, including the natural resource needs within 6
the district and the capacity of the district to provide either 7
services or improvements, or both. 8
(3)(a) The system of rates and charges may include an annual per 9
acre amount, an annual per parcel amount, or an annual per parcel 10
amount plus an annual per acre amount. If included in the system of 11
rates and charges, the maximum annual per acre rate or charge shall 12
not exceed ((ten)) 10 cents per acre. ((The maximum annual per parcel 13
rate shall not exceed five dollars, except that for counties with a 14
population of over four hundred eighty thousand persons, the maximum 15
annual per parcel rate shall not exceed ten dollars, and for counties 16
with a population of over one million five hundred thousand persons, 17
the maximum annual per parcel rate shall not exceed fifteen 18
dollars.))19
(b) Public land, including lands owned or held by the state, 20
shall be subject to rates and charges to the same extent as privately 21
owned lands. The procedures provided in chapter 79.44 RCW shall be 22
followed if lands owned or held by the state are subject to the rates 23
and charges of a conservation district. 24
(c) Forestlands used solely for the planting, growing, or 25
harvesting of trees may be subject to rates and charges if such lands 26
are served by the activities of the conservation district. However, 27
if the system of rates and charges includes an annual per acre amount 28
or an annual per parcel amount plus an annual per acre amount, the 29
per acre rate or charge on such forestlands shall not exceed 30
one-tenth of the weighted average per acre rate or charge on all 31
other lands within the conservation district that are subject to 32
rates and charges. The calculation of the weighted average per acre 33
shall be a ratio calculated as follows: (i) The numerator shall be 34
the total amount of money estimated to be derived from the per acre 35
special rates and charges on the nonforestlands in the conservation 36
district; and (ii) the denominator shall be the total number of 37
nonforestland acres in the conservation district that are served by 38
the activities of the conservation district and that are subject to 39
the rates or charges of the conservation district. No more than ((ten 40
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thousand)) 10,000 acres of such forestlands that is both owned by the 1
same person or entity and is located in the same conservation 2
district may be subject to the rates and charges that are imposed for 3
that conservation district in any year. Per parcel charges shall not 4
be imposed on forestland parcels. However, in lieu of a per parcel 5
charge, a charge of up to three dollars per forestland owner may be 6
imposed on each owner of forestlands whose forestlands are subject to 7
a per acre rate or charge. 8
(4) The consideration, development, adoption, and implementation 9
of a system of rates and charges shall follow the same public notice 10
and hearing process and be subject to the same procedure and 11
authority of RCW 89.08.400(2). 12
(5)(a) Following the adoption of a system of rates and charges, 13
the conservation district board of supervisors shall establish by 14
resolution a process providing for landowner appeals of the 15
individual rates and charges as applicable to a parcel or parcels.16
(b) Any appeal must be filed by the landowner with the 17
conservation district no later than ((twenty-one)) 21 days after the 18
date property taxes are due. The decision of the board of supervisors 19
regarding any appeal shall be final and conclusive.20
(c) Any appeal of the decision of the board shall be to the 21
superior court of the county in which the district is located, and 22
served and filed within ((twenty-one)) 21 days of the date of the 23
board's written decision. 24
(6) A conservation district shall prepare a roll that implements 25
the system of rates and charges approved by the county legislative 26
authority. The rates and charges from the roll shall be spread by the 27
county assessor as a separate item on the tax rolls and shall be 28
collected and accounted for with property taxes by the county 29
treasurer. The amount of the rates and charges shall constitute a 30
lien against the land that shall be subject to the same conditions as 31
a tax lien, and collected by the treasurer in the same manner as 32
delinquent real property taxes, and subject to the same interest and 33
penalty as for delinquent property taxes. The county treasurer shall 34
deduct an amount from the collected rates and charges, as established 35
by the county legislative authority, to cover the costs incurred by 36
the county assessor and county treasurer in spreading and collecting 37
the rates and charges, but not to exceed the actual costs of such 38
work or one percent of the amount collected, whichever is lower . All 39
remaining funds collected under this section shall be transferred to 40
p. 3 HB 1488
the conservation district and used by the conservation district in 1
accordance with this section. 2
(7) The rates and charges for a conservation district shall not 3
be spread on the tax rolls and shall not be allocated with property 4
tax collections in the following year if, after the system of rates 5
and charges has been approved by the county legislative authority but 6
before the ((fifteenth)) 15th day of December in that year, a 7
petition has been filed with the county legislative authority 8
objecting to the imposition of such rates and charges, which petition 9
has been signed by at least ((twenty)) 20 percent of the owners of 10
land that would be subject to the rate or charge to be imposed for a 11
conservation district. 12
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p. 4 HB 1488