Agritourism

AN ACT Relating to fortifying agritourism; amending RCW 1
15.04.402, 36.70A.060, and 36.70A.177; reenacting and amending RCW 2
36.70A.030; adding a new section to chapter 36.70A RCW; and creating 3
a new section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 15.04.402 and 1994 c 46 s 10 are each amended to 6
read as follows: 7
The department shall seek to enhance, protect, and perpetuate the 8
ability of the private sector to produce food and fiber. 9
Additionally, the department shall seek, consistent with its 10
regulatory responsibilities, to maintain the economic well-being of 11
the agricultural industry and its dependent rural community in 12
Washington state. Agritourism activities in accordance with section 2 13
of this act stabilize and help protect the economic well-being of the 14
agricultural industry and shall be supported by the department's 15
rules and programs.16
NEW SECTION. Sec. 2. A new section is added to chapter 36.70A 17
RCW to read as follows: 18
(1) Agritourism activities are authorized on lands zoned for 19
agricultural production, on land where there is a farm or ranch, and 20
H-2532.1
HOUSE BILL 2129
State of Washington 69th Legislature 2026 Regular Session
By Representatives Low, Jacobsen, Leavitt, Doglio, Barkis, Barnard,
Reed, Zahn, Berg, Dye, Graham, Donaghy, and Bernbaum
Prefiled 12/10/25. Read first time 01/12/26. Referred to Committee
on Local Government.
p. 1 HB 2129
on lands used for agricultural activities, and are not conditional 1
uses requiring permits. 2
(2) Counties may not enact or enforce official controls, 3
ordinances, or regulations that would prohibit or unreasonably 4
restrict agritourism. Public health, safety, and building code 5
provisions apply. These activities are not conditional uses that 6
require the agricultural operator to pay the county fees or require 7
approval from the county. 8
(3) For purposes of this section, "agritourism activity" means 9
any activity carried out on a farm or ranch whose primary business 10
activity is agriculture or ranching and that allows members of the 11
general public, for recreational, entertainment, or educational 12
purposes, to view or enjoy rural activities including, but not 13
limited to: Farming; ranching; historic, cultural, and on-site 14
educational programs; recreational farming programs that may include 15
on-site hospitality services; sales of products and food services; 16
guided and self-guided tours; petting zoos; farm festivals and 17
celebrations; corn mazes; harvest-your-own operations; hayrides, 18
sleighrides, or other modes of travel to explore the farm; parties 19
and events that occur within barns; horseback riding; fishing; and 20
camping. 21
Sec. 3. RCW 36.70A.030 and 2025 c 267 s 2 are each reenacted and 22
amended to read as follows: 23
Unless the context clearly requires otherwise, the definitions in 24
this section apply throughout this chapter. 25
(1) "Active transportation" means forms of pedestrian mobility 26
including walking or running, the use of a mobility assistive device 27
such as a wheelchair, bicycling and cycling irrespective of the 28
number of wheels, and the use of small personal devices such as foot 29
scooters or skateboards. Active transportation includes both 30
traditional and electric assist bicycles and other devices. Planning 31
for active transportation must consider and address accommodation 32
pursuant to the Americans with disabilities act and the distinct 33
needs of each form of active transportation. 34
(2) "Active transportation facilities" means facilities provided 35
for the safety and mobility of active transportation users including, 36
but not limited to, trails, as defined in RCW 47.30.005, sidewalks, 37
bike lanes, shared-use paths, and other facilities in the public 38
right-of-way. 39
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(3) "Administrative design review" means a development permit 1
process whereby an application is reviewed, approved, or denied by 2
the planning director or the planning director's designee based 3
solely on objective design and development standards without a public 4
predecision hearing, unless such review is otherwise required by 5
state or federal law, or the structure is a designated landmark or 6
historic district established under a local preservation ordinance. A 7
city may utilize public meetings, hearings, or voluntary review 8
boards to consider, recommend, or approve requests for variances from 9
locally established design review standards. 10
(4) "Adopt a comprehensive land use plan" means to enact a new 11
comprehensive land use plan or to update an existing comprehensive 12
land use plan. 13
(5) "Affordable housing" means, unless the context clearly 14
indicates otherwise, residential housing whose monthly costs, 15
including utilities other than telephone, do not exceed 30 percent of 16
the monthly income of a household whose income is:17
(a) For rental housing, 60 percent of the median household income 18
adjusted for household size, for the county where the household is 19
located, as reported by the United States department of housing and 20
urban development; or 21
(b) For owner-occupied housing, 80 percent of the median 22
household income adjusted for household size, for the county where 23
the household is located, as reported by the United States department 24
of housing and urban development. 25
(6) "Agricultural land" means land primarily devoted to the 26
commercial production of horticultural, viticultural, floricultural, 27
dairy, apiary, vegetable, or animal products or of berries, grain, 28
hay, straw, turf, seed, Christmas trees not subject to the excise tax 29
imposed by RCW 84.33.100 through 84.33.140, finfish in upland 30
hatcheries, or livestock, and that has long-term commercial 31
significance for agricultural production. 32
(7) "Bus station area" means all lots that are:33
(a) Fully within an urban growth area; and 34
(b) Fully or partially within one-quarter mile walking distance 35
of a stop on a fixed route bus system that is designated as a bus 36
rapid transit stop in the transit development plan as required in RCW 37
35.58.2795, for which an environmental determination has been issued 38
as required under chapter 43.21C RCW, and that features fixed transit 39
assets that indicate permanent, high capacity service including, but 40
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not limited to, elevated platforms or enhanced stations, off-board 1
fare collection, dedicated lanes, busways, or transit signal 2
priority. 3
(8) "City" means any city or town, including a code city.4
(9) "Comprehensive land use plan," "comprehensive plan," or 5
"plan" means a generalized coordinated land use policy statement of 6
the governing body of a county or city that is adopted pursuant to 7
this chapter. 8
(10) "Cottage housing" means residential units on a lot with a 9
common open space that either: (a) Is owned in common; or (b) has 10
units owned as condominium units with property owned in common and a 11
minimum of 20 percent of the lot size as open space.12
(11) "Courtyard apartments" means attached dwelling units 13
arranged on two or three sides of a yard or court.14
(12) "Critical areas" include the following areas and ecosystems: 15
(a) Wetlands; (b) areas with a critical recharging effect on aquifers 16
used for potable water; (c) fish and wildlife habitat conservation 17
areas; (d) frequently flooded areas; and (e) geologically hazardous 18
areas. "Fish and wildlife habitat conservation areas" does not 19
include such artificial features or constructs as irrigation delivery 20
systems, irrigation infrastructure, irrigation canals, or drainage 21
ditches that lie within the boundaries of and are maintained by a 22
port district or an irrigation district or company.23
(13) "Department" means the department of commerce.24
(14) "Development regulations" or "regulation" means the controls 25
placed on development or land use activities by a county or city, 26
including, but not limited to, zoning ordinances, critical areas 27
ordinances, shoreline master programs, official controls, planned 28
unit development ordinances, subdivision ordinances, and binding site 29
plan ordinances together with any amendments thereto. A development 30
regulation does not include a decision to approve a project permit 31
application, as defined in RCW 36.70B.020, even though the decision 32
may be expressed in a resolution or ordinance of the legislative body 33
of the county or city. 34
(15) "Emergency housing" means temporary indoor accommodations 35
for individuals or families who are homeless or at imminent risk of 36
becoming homeless that is intended to address the basic health, food, 37
clothing, and personal hygiene needs of individuals or families. 38
Emergency housing may or may not require occupants to enter into a 39
lease or an occupancy agreement. 40
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(16) "Emergency shelter" means a facility that provides a 1
temporary shelter for individuals or families who are currently 2
homeless. Emergency shelter may not require occupants to enter into a 3
lease or an occupancy agreement. Emergency shelter facilities may 4
include day and warming centers that do not provide overnight 5
accommodations. 6
(17) "Environmental justice" means the fair treatment and 7
meaningful involvement of all people regardless of race, color, 8
national origin, or income with respect to development, 9
implementation, and enforcement of environmental laws, regulations, 10
and policies. Environmental justice includes addressing 11
disproportionate environmental and health impacts in all laws, rules, 12
and policies with environmental impacts by prioritizing vulnerable 13
populations and overburdened communities and the equitable 14
distribution of resources and benefits. 15
(18) "Extremely low-income household" means a single person, 16
family, or unrelated persons living together whose adjusted income is 17
at or below 30 percent of the median household income adjusted for 18
household size, for the county where the household is located, as 19
reported by the United States department of housing and urban 20
development. 21
(19) "Floor area ratio" means a measure of development intensity 22
equal to building square footage divided by the developable property 23
square footage. Developable property excludes public facilities and 24
portions of lots with critical areas and critical area buffers as 25
designated in RCW 36.70A.060, except for critical aquifer recharge 26
areas where a single-family detached house is an allowed use provided 27
that any requirements to maintain aquifer recharge are met.28
(20) "Forestland" means land primarily devoted to growing trees 29
for long-term commercial timber production on land that can be 30
economically and practically managed for such production, including 31
Christmas trees subject to the excise tax imposed under RCW 84.33.100 32
through 84.33.140, and that has long-term commercial significance. In 33
determining whether forestland is primarily devoted to growing trees 34
for long-term commercial timber production on land that can be 35
economically and practically managed for such production, the 36
following factors shall be considered: (a) The proximity of the land 37
to urban, suburban, and rural settlements; (b) surrounding parcel 38
size and the compatibility and intensity of adjacent and nearby land 39
uses; (c) long-term local economic conditions that affect the ability 40
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to manage for timber production; and (d) the availability of public 1
facilities and services conducive to conversion of forestland to 2
other uses. 3
(21) "Freight rail dependent uses" means buildings and other 4
infrastructure that are used in the fabrication, processing, storage, 5
and transport of goods where the use is dependent on and makes use of 6
an adjacent short line railroad. Such facilities are both urban and 7
rural development for purposes of this chapter. "Freight rail 8
dependent uses" does not include buildings and other infrastructure 9
that are used in the fabrication, processing, storage, and transport 10
of coal, liquefied natural gas, or "crude oil" as defined in RCW 11
90.56.010. 12
(22) "Geologically hazardous areas" means areas that because of 13
their susceptibility to erosion, sliding, earthquake, or other 14
geological events, are not suited to the siting of commercial, 15
residential, or industrial development consistent with public health 16
or safety concerns. 17
(23) "Green infrastructure" means a wide array of natural assets 18
and built structures within an urban growth area boundary, including 19
parks and other areas with protected tree canopy, and management 20
practices at multiple scales that manage wet weather and that 21
maintain and restore natural hydrology by storing, infiltrating, 22
evapotranspiring, and harvesting and using stormwater.23
(24) "Green space" means an area of land, vegetated by natural 24
features such as grass, trees, or shrubs, within an urban context and 25
less than one acre in size that creates public value through one or 26
more of the following attributes: 27
(a) Is accessible to the public; 28
(b) Promotes physical and mental health of residents;29
(c) Provides relief from the urban heat island effects;30
(d) Promotes recreational and aesthetic values;31
(e) Protects streams or water supply; or 32
(f) Preserves visual quality along highway, road, or street 33
corridors. 34
(25) "Long-term commercial significance" includes the growing 35
capacity, productivity, and soil composition of the land for long-36
term commercial production, in consideration with the land's 37
proximity to population areas, and the possibility of more intense 38
uses of the land. 39
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(26) "Low-income household" means a single person, family, or 1
unrelated persons living together whose adjusted income is at or 2
below 80 percent of the median household income adjusted for 3
household size, for the county where the household is located, as 4
reported by the United States department of housing and urban 5
development. 6
(27) "Major transit stop" means: 7
(a) A stop on a high capacity transportation system funded or 8
expanded under the provisions of chapter 81.104 RCW, except for any 9
stop that solely serves express bus service or serves express bus 10
service and other bus services not otherwise meeting the definition 11
of major transit stop; 12
(b) Commuter rail stops; 13
(c) Stops on rail or fixed guideway systems; or14
(d) Stops on bus rapid transit routes, including those stops that 15
are under construction. 16
(28) "Middle housing" means buildings that are compatible in 17
scale, form, and character with single-family houses and contain two 18
or more attached, stacked, or clustered homes including duplexes, 19
triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked 20
flats, courtyard apartments, and cottage housing. 21
(29) "Minerals" include gravel, sand, and valuable metallic 22
substances. 23
(30) "Moderate-income household" means a single person, family, 24
or unrelated persons living together whose adjusted income is at or 25
below 120 percent of the median household income adjusted for 26
household size, for the county where the household is located, as 27
reported by the United States department of housing and urban 28
development. 29
(31) "Overburdened community" means a geographic area where 30
vulnerable populations face combined, multiple environmental harms 31
and health impacts, and includes, but is not limited to, highly 32
impacted communities as defined in RCW 19.405.020.33
(32) "Per capita vehicle miles traveled" means the number of 34
miles traveled using cars and light trucks in a calendar year divided 35
by the number of residents in Washington. The calculation of this 36
value excludes vehicle miles driven conveying freight.37
(33) "Permanent supportive housing" is subsidized, leased housing 38
with no limit on length of stay that prioritizes people who need 39
comprehensive support services to retain tenancy and utilizes 40
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admissions practices designed to use lower barriers to entry than 1
would be typical for other subsidized or unsubsidized rental housing, 2
especially related to rental history, criminal history, and personal 3
behaviors. Permanent supportive housing is paired with on-site or 4
off-site voluntary services designed to support a person living with 5
a complex and disabling behavioral health or physical health 6
condition who was experiencing homelessness or was at imminent risk 7
of homelessness prior to moving into housing to retain their housing 8
and be a successful tenant in a housing arrangement, improve the 9
resident's health status, and connect the resident of the housing 10
with community-based health care, treatment, or employment services. 11
Permanent supportive housing is subject to all of the rights and 12
responsibilities defined in chapter 59.18 RCW. 13
(34) "Public facilities" include streets, roads, highways, 14
sidewalks, street and road lighting systems, traffic signals, 15
domestic water systems, storm and sanitary sewer systems, parks and 16
recreational facilities, and schools. 17
(35) "Public services" include fire protection and suppression, 18
law enforcement, public health, education, recreation, environmental 19
protection, and other governmental services. 20
(36) "Rail station area" means all lots fully within an urban 21
growth area that are: 22
(a) Fully or partially within one-half mile walking distance of 23
an entrance to a train station with a stop on a light rail system, a 24
commuter rail stop in a city with a population greater than 15,000, 25
or a stop on a rail trolley operated west of the crest of the Cascade 26
mountains; or 27
(b) Fully or partially within one-quarter mile walking distance 28
of an entrance to a train station with a commuter rail stop in a city 29
with a population no greater than 15,000. 30
(37) "Recreational land" means land so designated under RCW 31
36.70A.1701 and that, immediately prior to this designation, was 32
designated as agricultural land of long-term commercial significance 33
under RCW 36.70A.170. Recreational land must have playing fields and 34
supporting facilities existing before July 1, 2004, for sports played 35
on grass playing fields. 36
(38) "Rural character" refers to the patterns of land use and 37
development established by a county in the rural element of its 38
comprehensive plan: 39
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(a) In which open space, the natural landscape, and vegetation 1
predominate over the built environment; 2
(b) That foster traditional rural lifestyles, rural-based 3
economies, and opportunities to both live and work in rural areas , 4
and fortify agritourism activities in compliance with section 2 of 5
this act; 6
(c) That provide visual landscapes that are traditionally found 7
in rural areas and communities; 8
(d) That are compatible with the use of the land by wildlife and 9
for fish and wildlife habitat; 10
(e) That reduce the inappropriate conversion of undeveloped land 11
into sprawling, low-density development; 12
(f) That generally do not require the extension of urban 13
governmental services; and 14
(g) That are consistent with the protection of natural surface 15
water flows and groundwater and surface water recharge and discharge 16
areas. 17
(39) "Rural development" refers to development outside the urban 18
growth area and outside agricultural, forest, and mineral resource 19
lands designated pursuant to RCW 36.70A.170. Rural development can 20
consist of a variety of uses and residential densities, including 21
clustered residential development, at levels that are consistent with 22
the preservation of rural character and the requirements of the rural 23
element. Rural development does not refer to agriculture or forestry 24
activities that may be conducted in rural areas. 25
(40) "Rural governmental services" or "rural services" include 26
those public services and public facilities historically and 27
typically delivered at an intensity usually found in rural areas, and 28
may include domestic water systems and fire and police protection 29
services associated with rural development and normally not 30
associated with urban areas. Rural services do not include storm or 31
sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).32
(41) "Short line railroad" means those railroad lines designated 33
class II or class III by the United States surface transportation 34
board. 35
(42) "Single-family zones" means those zones where single-family 36
detached housing is the predominant land use. 37
(43) "Stacked flat" means dwelling units in a residential 38
building of no more than three stories on a residential zoned lot in 39
which each floor may be separately rented or owned.40
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(44) "Station area" means a bus station area or a rail station 1
area. 2
(45) "Townhouses" means buildings that contain three or more 3
attached single-family dwelling units that extend from foundation to 4
roof and that have a yard or public way on not less than two sides.5
(46) "Transportation system" means all infrastructure and 6
services for all forms of transportation within a geographical area, 7
irrespective of the responsible jurisdiction or transportation 8
provider. 9
(47) "Urban governmental services" or "urban services" include 10
those public services and public facilities at an intensity 11
historically and typically provided in cities, specifically including 12
storm and sanitary sewer systems, domestic water systems, street 13
cleaning services, fire and police protection services, public 14
transit services, and other public utilities associated with urban 15
areas and normally not associated with rural areas.16
(48) "Urban growth" refers to growth that makes intensive use of 17
land for the location of buildings, structures, and impermeable 18
surfaces to such a degree as to be incompatible with the primary use 19
of land for the production of food, other agricultural products, or 20
fiber, or the extraction of mineral resources, rural uses, rural 21
development, and natural resource lands designated pursuant to RCW 22
36.70A.170. A pattern of more intensive rural development, as 23
provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed 24
to spread over wide areas, urban growth typically requires urban 25
governmental services. "Characterized by urban growth" refers to land 26
having urban growth located on it, or to land located in relationship 27
to an area with urban growth on it as to be appropriate for urban 28
growth. 29
(49) "Urban growth areas" means those areas designated by a 30
county pursuant to RCW 36.70A.110. 31
(50) "Very low-income household" means a single person, family, 32
or unrelated persons living together whose adjusted income is at or 33
below 50 percent of the median household income adjusted for 34
household size, for the county where the household is located, as 35
reported by the United States department of housing and urban 36
development. 37
(51)(a) "Vulnerable populations" means population groups that are 38
more likely to be at higher risk for poor health outcomes in response 39
to environmental harms, due to: (i) Adverse socioeconomic factors, 40
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such as unemployment, high housing and transportation costs relative 1
to income, limited access to nutritious food and adequate health 2
care, linguistic isolation, and other factors that negatively affect 3
health outcomes and increase vulnerability to the effects of 4
environmental harms; and (ii) sensitivity factors, such as low birth 5
weight and higher rates of hospitalization. 6
(b) "Vulnerable populations" includes, but is not limited to:7
(i) Racial or ethnic minorities; 8
(ii) Low-income populations; and 9
(iii) Populations disproportionately impacted by environmental 10
harms. 11
(52) "Wetland" or "wetlands" means areas that are inundated or 12
saturated by surface water or groundwater at a frequency and duration 13
sufficient to support, and that under normal circumstances do 14
support, a prevalence of vegetation typically adapted for life in 15
saturated soil conditions. Wetlands generally include swamps, 16
marshes, bogs, and similar areas. Wetlands do not include those 17
artificial wetlands intentionally created from nonwetland sites, 18
including, but not limited to, irrigation and drainage ditches, 19
grass-lined swales, canals, detention facilities, wastewater 20
treatment facilities, farm ponds, and landscape amenities, or those 21
wetlands created after July 1, 1990, that were unintentionally 22
created as a result of the construction of a road, street, or 23
highway. Wetlands may include those artificial wetlands intentionally 24
created from nonwetland areas created to mitigate conversion of 25
wetlands. 26
(53) "Wildland urban interface" means the geographical area where 27
structures and other human development meets or intermingles with 28
wildland vegetative fuels. 29
Sec. 4. RCW 36.70A.060 and 2023 c 225 s 2 are each amended to 30
read as follows: 31
(1)(a) Each county that is required or chooses to plan under RCW 32
36.70A.040, and each city within such county, shall adopt development 33
regulations on or before September 1, 1991, to assure the 34
conservation of agricultural, forest, and mineral resource lands 35
designated under RCW 36.70A.170. Regulations adopted under this 36
subsection may not prohibit uses legally existing on any parcel prior 37
to their adoption and shall remain in effect until the county or city 38
adopts development regulations pursuant to RCW 36.70A.040. Such 39
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regulations shall assure that the use of lands adjacent to 1
agricultural, forest, or mineral resource lands shall not interfere 2
with the continued use, in the accustomed manner and in accordance 3
with best management practices, of these designated lands for the 4
production of food, agricultural products, or timber, or for the 5
extraction of minerals. Agritourism activities are authorized on 6
agricultural lands, must be fortified by counties and cities in 7
compliance with section 2 of this act, and are consistent with 8
conserving agricultural lands. Any county located to the west of the 9
crest of the Cascade mountains that has both a population of at least 10
four hundred thousand and a border that touches another state, and 11
any city in such county, may adopt development regulations to assure 12
that agriculture, forest, and mineral resource lands adjacent to 13
short line railroads may be developed for freight rail dependent 14
uses. 15
(b) Counties and cities shall require that all plats, short 16
plats, development permits, and building permits issued for 17
development activities on, or within five hundred feet of, lands 18
designated as agricultural lands, forestlands, or mineral resource 19
lands, contain a notice that the subject property is within or near 20
designated agricultural lands, forestlands, or mineral resource lands 21
on which a variety of commercial activities may occur that are not 22
compatible with residential development for certain periods of 23
limited duration. The notice for mineral resource lands shall also 24
inform that an application might be made for mining-related 25
activities, including mining, extraction, washing, crushing, 26
stockpiling, blasting, transporting, and recycling of minerals.27
(c) Each county that adopts a resolution of partial planning 28
under RCW 36.70A.040(2)(b), and each city within such county, shall 29
adopt development regulations within one year after the adoption of 30
the resolution of partial planning to assure the conservation of 31
agricultural, forest, and mineral resource lands designated under RCW 32
36.70A.170. Regulations adopted under this subsection (1)(c) must 33
comply with the requirements governing regulations adopted under (a) 34
of this subsection. 35
(d)(i) A county that adopts a resolution of partial planning 36
under RCW 36.70A.040(2)(b) and that is not in compliance with the 37
planning requirements of this section, RCW 36.70A.040(4), 38
36.70A.070(5), 36.70A.170, and 36.70A.172 at the time the resolution 39
is adopted must, by January 30, 2017, apply for a determination of 40
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compliance from the department finding that the county's development 1
regulations, including development regulations adopted to protect 2
critical areas, and comprehensive plans are in compliance with the 3
requirements of this section, RCW 36.70A.040(4), 36.70A.070(5), 4
36.70A.170, and 36.70A.172. The department must approve or deny the 5
application for a determination of compliance within one hundred 6
twenty days of its receipt or by June 30, 2017, whichever date is 7
earlier. 8
(ii) If the department denies an application under (d)(i) of this 9
subsection, the county and each city within is obligated to comply 10
with all requirements of this chapter and the resolution for partial 11
planning adopted under RCW 36.70A.040(2)(b) is no longer in effect.12
(iii) A petition for review of a determination of compliance 13
under (d)(i) of this subsection may only be appealed to the growth 14
management hearings board within 60 days of the issuance of the 15
decision by the department. 16
(iv) In the event of a filing of a petition in accordance with 17
(d)(iii) of this subsection, the county and the department must 18
equally share the costs incurred by the department for defending an 19
approval of determination of compliance that is before the growth 20
management hearings board. 21
(v) The department may implement this subsection (1)(d) by 22
adopting rules related to determinations of compliance. The rules may 23
address, but are not limited to: The requirements for applications 24
for a determination of compliance; charging of costs under (d)(iv) of 25
this subsection; procedures for processing applications; criteria for 26
the evaluation of applications; issuance and notice of department 27
decisions; and applicable timelines. 28
(e) Any county that borders both the Cascade mountains and 29
another country and has a population of less than fifty thousand 30
people, and any city in such county, may adopt development 31
regulations to assure that agriculture, forest, and mineral resource 32
lands adjacent to short line railroads may be developed for freight 33
rail dependent uses. 34
(2) Each county and city shall adopt development regulations that 35
protect critical areas that are required to be designated under RCW 36
36.70A.170. For counties and cities that are required or choose to 37
plan under RCW 36.70A.040, such development regulations shall be 38
adopted on or before September 1, 1991. For the remainder of the 39
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counties and cities, such development regulations shall be adopted on 1
or before March 1, 1992. 2
(3) Such counties and cities shall review these designations and 3
development regulations when adopting their comprehensive plans under 4
RCW 36.70A.040 and implementing development regulations under RCW 5
36.70A.120 and may alter such designations and development 6
regulations to ensure consistency. 7
(4)(a) A city with a population fewer than 25,000 may adopt the 8
county's critical areas regulations by reference to satisfy the 9
requirements under this section to designate and protect critical 10
areas; provided, that the county's critical areas regulations are not 11
subject to any outstanding administrative or judicial appeals at the 12
time of the city's adoption. Nothing in this subsection prohibits a 13
city from adopting its own critical areas regulations.14
(b) The city legislative action adopting the county regulations 15
by reference must incorporate future amendments to the critical areas 16
policies and development regulations of the county.17
(c) A city that adopts the county's critical areas regulations by 18
reference is not required to take legislative action to review and 19
update development regulations protecting critical areas under RCW 20
36.70A.130. 21
(d) If grant funding is available for a local jurisdiction's 22
periodic comprehensive planning updates as required in RCW 23
36.70A.070, and a city has adopted by reference the county's critical 24
areas regulations as allowed in (a) through (c) of this subsection, 25
the county in which the city is located shall be entitled to the 26
portion of the city's grant funding that would otherwise have been 27
utilized for updating the city's critical areas regulations. The 28
department is authorized to determine what portion of the available 29
grant funding the city would have received for the critical areas 30
regulations update the county is entitled to receive.31
(5) Forestland and agricultural land located within urban growth 32
areas shall not be designated by a county or city as forestland or 33
agricultural land of long-term commercial significance under RCW 34
36.70A.170 unless the city or county has enacted a program 35
authorizing transfer or purchase of development rights.36
Sec. 5. RCW 36.70A.177 and 2006 c 147 s 1 are each amended to 37
read as follows: 38
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(1) A county or a city may use a variety of innovative zoning 1
techniques in areas designated as agricultural lands of long-term 2
commercial significance under RCW 36.70A.170. The innovative zoning 3
techniques should be designed to conserve agricultural lands and 4
encourage the agricultural economy. Agritourism activities fortify 5
the agricultural economy and are consistent with conserving 6
agricultural lands. Except as provided in subsection (3) of this 7
section, a county or city should encourage nonagricultural uses to be 8
limited to lands with poor soils or otherwise not suitable for 9
agricultural purposes. 10
(2) Innovative zoning techniques a county or city may consider 11
include, but are not limited to: 12
(a) Agricultural zoning, which limits the density of development 13
and restricts or prohibits nonfarm uses of agricultural land and may 14
allow accessory uses, including nonagricultural accessory uses and 15
activities, that support, promote, or sustain agricultural operations 16
and production, as provided in subsection (3) of this section;17
(b) Cluster zoning, which allows new development on one portion 18
of the land, leaving the remainder in agricultural or open space 19
uses; 20
(c) Large lot zoning, which establishes as a minimum lot size the 21
amount of land necessary to achieve a successful farming practice;22
(d) Quarter/quarter zoning, which permits one residential 23
dwelling on a one-acre minimum lot for each one-sixteenth of a 24
section of land; and 25
(e) Sliding scale zoning, which allows the number of lots for 26
single-family residential purposes with a minimum lot size of one 27
acre to increase inversely as the size of the total acreage 28
increases. 29
(3) Accessory uses allowed under subsection (2)(a) of this 30
section shall comply with the following: 31
(a) Accessory uses shall be located, designed, and operated so as 32
to not interfere with, and to support the continuation of, the 33
overall agricultural use of the property and neighboring properties, 34
and shall comply with the requirements of this chapter;35
(b) Accessory uses may include: 36
(i) Agricultural accessory uses and activities, including but not 37
limited to the storage, distribution, and marketing of regional 38
agricultural products from one or more producers, agriculturally 39
related experiences, or the production, marketing, and distribution 40
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of value-added agricultural products, including support services that 1
facilitate these activities; and 2
(ii) Nonagricultural accessory uses and activities as long as 3
they are consistent with the size, scale, and intensity of the 4
existing agricultural use of the property and the existing buildings 5
on the site. Nonagricultural accessory uses and activities, including 6
new buildings, parking, or supportive uses, shall not be located 7
outside the general area already developed for buildings and 8
residential uses and shall not otherwise convert more than one acre 9
of agricultural land to nonagricultural uses; and 10
(c) Counties and cities have the authority to limit or exclude 11
accessory uses otherwise authorized in this subsection (3) in areas 12
designated as agricultural lands of long-term commercial 13
significance. 14
(4) This section shall not be interpreted to limit agricultural 15
production on designated agricultural lands or regulate agritourism 16
activities in a manner inconsistent with section 2 of this act.17
NEW SECTION. Sec. 6. The department of commerce is directed to 18
immediately modify rules or guidance documents that are not 19
consistent with the provisions of this act or restrict agritourism 20
activities.21
NEW SECTION. Sec. 7. If any provision of this act or its 22
application to any person or circumstance is held invalid, the 23
remainder of the act or the application of the provision to other 24
persons or circumstances is not affected.25
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