Chapter 14.38
NATURAL RESOURCE LANDS
Sections:
14.38.010 Applicability.
This Section applies to land, uses, and activities within the following natural resource land zones:
(1) Agricultural—Natural Resource Land (Ag-NRL);
(2) Secondary Forest—Natural Resource Land (SF-NRL);
(3) Industrial Forest—Natural Resource Land (IF-NRL);
(4) Mineral Resource Overlay (MRO);
(5) Rural Resource—Natural Resource Land (RRc-NRL). (Ord. O20250005 § 2 (Exh. A))
14.38.020 Policy.
(1) It is the declared policy of this County to enhance and encourage natural resource land management within the County. It is the further intent of this County to provide to the residents of this County proper notification of the County’s recognition and support through this Chapter of the right of those persons and entities to manage natural resource lands.
(2) State planning goals encourage the conservation of productive natural resource lands and discourage incompatible uses. This goal can be fulfilled by assuring that the use of lands adjacent to natural resource lands do not interfere with the continued use, in the accustomed manner, for the production of food and agricultural products, timber, and extraction of minerals. (Ord. O20250005 § 2 (Exh. A))
14.38.030 Purpose.
(1) Where non-natural resource lands uses extend into natural resource areas or exist side-by-side, natural resource management operations are frequently the subjects of nuisance complaints and on occasion have been forced to cease or curtail operations. Such nuisance complaints discourage investments in natural resource lands improvements to the detriment of adjacent natural resource lands uses and the economic viability of the County’s natural resource lands industry as a whole. It is the purpose and intent of this Chapter to reduce the loss to the County of its natural resource lands by limiting and defining the circumstances under which natural resource lands management operations may be considered a nuisance. This Chapter is not to be construed as in any way modifying or abridging County, State or Federal laws; rather it is only to be utilized in the interpretation and enforcement of the provisions of this Code and County regulations.
(2) An additional purpose of this Chapter is to promote a good neighbor policy between natural resource lands and non-natural resource land property owners by advising purchasers and users of property adjacent to or near natural resource land management operations of the inherent potential problems associated with such purchase or residence, including, but not limited to, the use of chemicals; or from spraying, pruning, harvesting, or mineral extraction with associated activities, which occasionally generates traffic, dust, smoke, noise, odor and the hours of operation that may accompany natural resource land management operations. It is intended that through mandatory disclosures purchasers and users will better understand the impact of living near natural resource lands and be prepared to accept attendant conditions as the natural result of living in or near natural resource lands and rural areas.
(3) An additional purpose of this Chapter is to provide notice, through a disclosure statement, of the potential incompatibilities, inconveniences and discomforts that may arise from natural resource land management activities. (Ord. O20250005 § 2 (Exh. A))
14.38.040 No nuisance.
No land-based natural resource land management activity, operation, facility, or appurtenances thereof, when conducted or maintained in any of the natural resource zones identified in SCC 14.38.010 for commercial purposes, and in a manner consistent with current best management practices, not superseding local, State, or Federal regulations, is or may be considered a nuisance as defined in SCC Chapter 14.04, regardless of past or future changes in the surrounding area’s land use or zone. (Ord. O20250005 § 2 (Exh. A))
14.38.050 Title notice.
(1) Applicability. This Section applies to any application for a project permit involving a project on or within 500 feet of property within a zone identified in SCC 14.38.010.
(2) The applicant for the project permit must record the title notice described in this Section against the property that is the subject of the application.
(3) The title notice must be prepared on forms provided by the Department, be signed by the property owner, and include the following language:
This parcel lies within an area or is within 500 feet of an area designated as a natural resource land (agricultural, forest, and mineral resource lands of long-term commercial significance) in Skagit County. A variety of natural resource land commercial activities occur or may occur in the area that may not be compatible with non-resource uses and may be inconvenient or cause discomfort to area residents. This may arise from the use of chemicals; or from spraying, pruning, harvesting, or mineral extraction with associated activities, which occasionally generates traffic, dust, smoke, noise, and odor. Skagit County has established natural resource management operations as a priority use on designated natural resource lands, and area residents should be prepared to accept such incompatibilities, inconveniences, or discomfort from normal, necessary natural resource land operations when performed in compliance with best management practices and local, state, and federal law. In the case of mineral lands, application might be made for mining-related activities including extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals. In addition, greater setbacks than typical may be required from the resource area, consistent with SCC 14.28.060. Contact Skagit County Planning and Development Services for details.
(Ord. O20250005 § 2 (Exh. A))
14.38.060 Setbacks.
(1) Applicability. This Section applies to a lot that is outside of and abutting any of the zones identified in SCC 14.38.010.
(2) A lot to which this Section applies:
(a) Must observe a minimum building setback of 200 feet from the adjoining natural resource land zone; or
(b) The property owner must acknowledge in writing the possible occurrence of agricultural, forestry, or mining activity on the adjacent property and waive, in writing, for all current and future owners, any claim for damages that may occur to the building or occupants because of such activities which are conducted in accordance with applicable State regulations, and records the acknowledgment and waiver with the County Auditor.
(3) In the case of Agricultural-NRL and Industrial Forest-NRL lands, the acknowledgment in Subsection (2)(b) of this Section must also be approved by the owner of the adjacent NRL lands.
(a) For Ag-NRL lands, if approval of the adjacent landowner cannot be obtained, the Department may reduce the setback if it meets the variance criteria in SCC Chapter 14.58.
(b) For Industrial Forest-NRL lands, if approval of the adjacent landowner cannot be obtained, a Hearing Examiner variance is required to reduce the setback. (Ord. O20250005 § 2 (Exh. A))
14.38.070 Seller disclosure.
(1) Applicability. This Section applies to any transfer of real property by sale, exchange, gift, real estate contract, lease with an option to purchase, any other option to purchase, ground lease coupled with improvements, or any other means when the real property is located:
(a) Within one mile of land zoned Agriculture Natural Resource Land (Ag-NRL), or
(b) Within one-quarter mile of land zoned Industrial Forest—Natural Resource Land (IF-NRL), Secondary Forest—Natural Resource Land (SF-NRL), or Rural Resource—Natural Resource Land (RRc-NRL), or Mineral Resource Overlay (MRO).
(2) Upon a transfer identified in this Section, the buyer must record with the County Auditor a statement containing the following language in conjunction with the deed conveying the real property:
This property may be designated or may be within 1 mile of designated agricultural land or designated or within 1/4 mile of rural resource, forest, or mineral resource lands of long-term commercial significance in Skagit County. A variety of natural resource land commercial activities occur or may occur in the area that may not be compatible with non-resource uses and may be inconvenient or cause discomfort to area residents. This may arise from the use of chemicals; or from spraying, pruning, harvesting or mineral extraction with associated activities, which occasionally generates traffic, dust, smoke, noise, and odor. Skagit County has established natural resource management operations as a priority use on designated natural resource lands, and area residents should be prepared to accept such incompatibilities, inconveniences or discomfort from normal, necessary natural resource land operations when performed in compliance with Best Management Practices and local, state, and federal law.
In the case of mineral lands, application might be made for mining-related activities including extraction, washing, crushing, stockpiling, blasting, transporting and recycling of minerals. If you are adjacent to designated natural resource lands, you will have setback requirements from designated natural resource lands.
(Ord. O20250005 § 2 (Exh. A))