Charissa Waters, associate long range planner, updated the Council on the implementation of the Voluntary Stewardship Program in Thurston County. She presented at the August 2015 meeting.
2. Overview
• Purpose and Scope
• Background Information
• VSP Process
• Progress on Work Plan
• Next Steps
• Questions
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3. Purpose and Scope
The VSP is an alternative approach for counties to
use incentive-based programs to encourage the
protection and voluntary enhancement of critical
areas within the vicinity of agricultural
activities, while also protecting and improving the
long term-viability of agriculture and reducing
farmland conversion county-wide.
– GMA: RCW 36.70A.700
– TC Critical Areas Ordinance: Title 24
– TC Agricultural Activities Critical Areas Ordinance: Chapter 17.15
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4. Dual Goals
• Protect and
voluntarily enhance
Critical Areas in areas
with agricultural
activities
• Protect and Improve
the long-term viability
of agriculture in
Thurston County
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Image source: Habitat Work Schedule
Image source: WSU Ext. Services Thurston County
5. Critical Areas
• The 5 critical areas, as per the GMA (RCW 36.70A.703),
the Thurston County Critical Areas Ordinance (Title 24),
and the Agricultural Activities Critical Areas Ordinance
Ch. 17.15
1. Critical aquifer recharge areas;
2. Geologic hazard areas;
3. Fish and wildlife habitat conservation areas;
4. Frequently flooded areas, and;
5. Wetlands.
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6. Background Info
• 2006 – Initiative 933 addressing taking of
agricultural lands due to regulations. Fails by 60%.
• 2007 - Legislature charged the Ruckelshaus Center
to examine the conflict between agriculture and
protecting critical areas under the GMA.
• The VSP was the result of the facilitated stakeholder
discussions of the Ruckelshaus Center.
• 2011 – Legislature passes and Governor signs.
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7. What the Statute Does
• The VSP is created at the Conservation Commission
• Counties are given two options:
– Opt-in to the VSP, or
– Continue under existing law (GMA) to protect critical areas on ag lands
• 28 of 39 counties opted-in.
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8. VSP Process
Work Group Partners:
WA Farm Bureau,
Conservation
Commission, Dept. of
Ecology, WDFW, WSU
ext., WSDA, CNLM,
Thurston Conservation
District, TRPC, Chehalis
Tribe, and other
stakeholders and
agricultural producers.
Progress of Work Plan Development:
• Work Plan draft submitted to Work
Group June 30, 2015
• Ag subcommittee revised Work Plan
in July and Aug: “Ag Caucus” draft
Thurston County opted-in Jan.
2012, received funding to
develop work plan Jan 2014
First meeting May 28, 2014
Funding Deadline: June 30
Funding extended to finish
Next Steps:
• Finish Work Plan development
• Fine tune Stewardship Plan process
• Identify priority areas and strategies
• Plan for outreach and implementation
9. Opting-in to the Program
• Thurston County adopted an ordinance opting-in to
the program in January 2012.
• The program applies to all unincorporated property upon
which agricultural activities occur within the participating
watersheds identified for consideration as priority.
• Thurston County nominated all of its watersheds as
priority (Chehalis, Deschutes, Nisqually, & Puget Sound)
• The county conferred with tribes and stakeholders before
designating the watershed group to develop the work
plan.
– The VSP watershed work group decided to focus on the
Chehalis Watershed for initial project development
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10. Funding
• The 28 counties that opted-in to VSP are now eligible for
a share of the funding made available to develop the
program
• Not required to implement the program in the
participating watershed until adequate funding is
provided to the county.
• TC was one of two counties to receive funds for work
plan development in January of 2014
• Original funding deadline of June 30, 2015, but statute
allows 3 years to have an approved Work Plan
• Received an extension to finish Work Plan development,
currently waiting on a new contract and funds
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11. Role of Work Group
• The Work Group must develop a Work Plan designed to meet the
dual goals for Critical Areas and Agricultural Viability
• The Work Plan must:
– Include Existing Information and Resource Conditions:
• Applicable water quality, watershed management, farmland protection, and
species recovery data and plans
• Measurable goals and benchmarks designed for the protection and voluntary
enhancement of critical areas through incentive-based measures
• Existing development regulations relied upon to achieve the goals and
benchmarks for protection
– Identify agricultural activities and critical area intersections
– Plan for participation and landowner outreach necessary to meet the
protection and enhancement goals and benchmarks
– Plan for monitoring and reporting, periodic evaluations (every 5
years), and adaptive management
– Appoint a lead technical assistance provider to landowners:
• Thurston Conservation District, pending funding
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12. Approval of Work Plan
• The work plan is submitted to the director of the WA State
Conservation Commission (WSCC) for approval
• The director submits the work plan to a technical panel
(WDFW, WSDA, Ecology, WSCC) for review
• The technical panel is to review the work plan and assess
whether the plan will meet the dual goals
• If the technical panel determines the plan will accomplish its
goals, the WSCC director will approve
• If the technical panel determines the plan will not accomplish
its goals, the WSCC director must advise the watershed
group the reasons for the disapproval, allows for an iterative
process
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13. Next Steps
• Identify priority areas where critical areas and
agricultural activities overlap, strategies for
protection and enhancement and specific
activities
• Plan for Outreach and Participation
• Find funding for implementation of the Work
Plan
– Need funding for the technical assistance
(TCD) to perform outreach and provide
assistance to landowners for developing
Stewardship Plans 13
14. Questions?
• Contact Charissa Waters, Thurston County
Resource Stewardship Department
– watersc@co.thurston.wa.us
– (360)786-5541
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Editor's Notes
Long history of costly litigation and conflict between protection of critical areas and agriculture in local ordinances adopted under the GMA.
Within 60 days of funds being available to a county to implement the program, the county must designate a watershed group and entity to administer funds for each watershed.
Funding for Thurston County for program development and administration:
$150,000 in year 1
$125,000 in year 2
Contract extended from July 1, 2014 to June 30, 2015 with an additional $123,000 to the original contract amount of $150,000. Total contract value amount is $273,000
Seeking continuing funding for implementation
The watershed group had until June 30, 2015 to finish a work plan (funding deadline), now extended.
If plan is not approved, fails or is unfunded, within 18 months the county must:
Develop, adopt and implement a watershed work plan approved by the department of commerce. Subject to appeal under RCW 36.70A.280 (this option could be a hybrid approach where the county uses development regulations with stewardship plans to protect critical areas).
Adopt development regs previously adopted under the GMA by another county for protecting CAs in areas used for agricultural activities. Must be from a region with similar ag activities, geography, etc.
Adopt development regulations certified by the department as protective of critical areas in areas used for ag activities. May submit existing or amended regs for certification. The department must confer with WSDA, WDFW, Ecology, and the commission before making a certification
Review and if necessary revise development regs adopted under the GMA to protect CAs as they relate to ag activities.
There are still questions and challenges to this approach where CA protection is dependent on landowner implementation of a stewardship plan.
Some questions for counties:
How to track progress on CAO protection? VSP requires reports on progress every 5 years. Also requires monitoring.
What do you do if a landowner won’t participate? Existing enforcement authorities are still in place.