Chapter 3.27
OPEN SPACE, AGRICULTURAL, AND TIMBERLAND ASSESSMENT

Sections:

3.27.010    Policy of compliance with Chapter 84.34 RCW – Application fee.

3.27.020    Application procedure – Compliance with Comprehensive Plan – Grounds for approval or disapproval.

3.27.030    Determining authority to notify applicant and Assessor.

3.27.040    Advisory committee.

3.27.050    Open space and timberland applications – Fee.

Cross-references:
Chapter 84.34 RCW: Open space, agricultural, and timberland assessment.

3.27.010 Policy of compliance with Chapter 84.34 RCW – Application fee.

It shall be the policy of the Board of County Commissioners of Cowlitz County, Washington, to comply with all of the provisions of Chapter 84.34 RCW. Upon application of an owner of agricultural land desiring current use classification under RCW 84.34.020(2), the Assessor shall charge a processing fee for purposes of recovering the cost of processing said application. [Res. 11-153, 12-13-11; Res. 3206, § 1, 8-14-73.]

3.27.020 Application procedure – Compliance with Comprehensive Plan – Grounds for approval or disapproval.

Applications for classification as “open space” and “timberland” pursuant to RCW 84.34.020(1) or (3) shall be made to the Board of County Commissioners of Cowlitz County. Application made for classification of any land pursuant to RCW 84.34.020(1)(b) or (3) which is an area subject to the County Comprehensive Plan shall be acted upon in the same manner in which an amendment to the Comprehensive Plan is processed. Applications made for classification of land which is in an area not subject to the Comprehensive Plan shall be acted upon after public hearing and after notice of hearing shall have been given by one publication in a newspaper of general circulation in the area at least 10 days before the hearing; provided, that applications for classification of land in an incorporated area shall be acted upon by a determining authority composed of the members of the Board of County Commissioners and three members of the city legislative body in which the land is located.

In determining whether an application made for classification under RCW 84.34.020(1)(b) or (3) should be approved or disapproved, the determining authority may take cognizance of the benefits to the general welfare of preserving the current use of the property which is the subject of the application, and may consider whether or not preservation of current use of the land will (1) conserve or enhance natural or scenic resources, (2) protect streams or water supplies, (3) promote conservation of soils, wetlands, beaches or tidal marshes, (4) enhance the value of abutting or neighboring parks, forests, wildlife preserves, natural reservations, sanctuaries, or other open spaces, (5) enhance recreation opportunities, (6) preserve historic sites, (7) affect any other factors relevant to weighing benefits to the general welfare of preserving the current use of the property against the potential loss in revenue which may result from granting the application; provided, that the determining authority may approve the application with respect to only part of the land which is the subject of the application; provided further, that if any part of the application is denied, the applicant may withdraw the entire application; and provided further, that the determining authority in approving in part or in whole an application for land classified pursuant to RCW 84.34.020(1) or (3) may also require that certain conditions be met, including but not limited to the granting of easements; and provided further, that the granting or denial of the application for current use classification is a legislative determination and shall be reviewable only for arbitrary and capricious actions. [Res. 3206, § 2, 8-14-73.]

3.27.030 Determining authority to notify applicant and Assessor.

A. The Board of County Commissioners or the determining authority comprised of the Board of County Commissioners and three members of the legislative body of any city, as the case may be, shall immediately notify the County Assessor and the applicant of its approval or disapproval which shall in no event be more than six months from the receipt of said application. No land other than farm and agricultural land shall be considered qualified under Chapter 84.34 RCW until an application in regard thereto has been approved by the appropriate legislative authority.

B. When the Board of County Commissioners or determining authority comprised of the Board of County Commissioners and three members of the legislative authority of any city, as the case may be, finds that land qualifies under this chapter, it shall file notice of the same with the Assessor within 10 days. [Res. 3206, § 3, 8-14-73.]

3.27.040 Advisory committee.

The Board of County Commissioners of Cowlitz County shall appoint a five member committee representing the active farming community within the county to serve in an advisory capacity to the County Assessor in implementing assessment guidelines as established by the Department of Revenue for the assessment of open space, farms and agricultural lands, and timberlands classified pursuant to Chapter 84.34 RCW. The five individuals shall serve for terms of one year or until such members shall sooner resign or be removed from said Committee. Upon vacation of any position of said Committee, the Board of County Commissioners shall appoint another member of the active farming community to serve in such advisory capacity for the remainder of the term of the member resigning or removed from said committee. [Res. 3206, § 4, 8-14-73 (Initial appointees not codified).]

3.27.050 Open space and timberland applications – Fee.

All applications for classification of “open space” and “timberland” made pursuant to RCW 84.34.020(1) or (3) shall be made on forms provided by the County Assessor. Such forms shall require such information as is reasonably necessary for the processing of said applications, and shall be drafted by the County Assessor. In addition, there shall be an application fee for the purpose of recovering the cost of processing said applications. [Res. 11-153, 12-13-11; Res. 3206, § 5, 8-14-73.]