Welcome to Skagit County

March 26th, 2012

Skagit County Fish/Farm Battle Ends
Innovative New Salmon Habitat Program Promises Cooperative Approach to Habitat Protection for Skagit Valley Farmland

March 26, 2012-The State Growth Management Hearings Board ruled today that Skagit County is protecting farmland riparian habitat consistent with the Growth Management Act (GMA), ending the expensive fifteen-year legal dispute that pitted fish against farms. The Growth Board's ruling is based on Skagit County's enrollment in the state's new Voluntary Stewardship Program, which the County sees as a better approach to salmon habitat protection than complex regulations and expensive lawsuits.

"We're just thrilled," said Skagit County Commissioner Sharon Dillon. "This is now about cooperation instead of litigation."

The GMA requires Washington counties to designate and protect environmentally "critical areas," including salmon-bearing streams. Appellants insisted that this meant mandatory buffers hundreds of feet wide should be required along streams across the Skagit Valley. This would have taken away thousands of acres of century-old farmland, without any compensation for the farmers who own the land.

For more than a decade, Skagit County has been embroiled in litigation with the Swinomish Tribe over whether the County's streamside rules for farmers adequately protect and restore salmon habitat. The case, which made its way to the Washington State Supreme Court, racked up more than $5 million in litigation costs for the County. The Washington Supreme Court ruled that counties have broad discretion in balancing agriculture with habitat concerns, and need only protect habitat, not restore salmon habitat to its primordial condition. After the Supreme Court's ruling, the litigation continued on the issue of whether Skagit County's ordinance affords adequate protection.

In 2007, the state legislature imposed a "timeout" on the buffer litigation, directing a joint University of Washington-Washington State University research group, the William D. Ruckelshaus Center, to work on a statewide solution. In 2011, the Legislature adopted the group's recommendation and created the Voluntary Stewardship Program (VSP), which creates a state-funded mechanism in each county enrolling in the program that will ensure streams are protected using voluntary measures.

"Skagit County has been the catalyst for resolving this difficult issue on a statewide basis," said three-term County Commissioner Ken Dahlstedt. "As I see it, if we work together and stay positive, we can safeguard Skagit County's agricultural economy, at the same time permanently protecting the streamside habitat that matters most for salmon."

After conferring with local tribes, environmental groups and the agricultural community, Skagit County enrolled in the VSP in December. Since then, 27 other Washington State counties have followed suit. Skagit County is now awaiting implementation funding, to be disbursed through the Washington State Conservation Commission.

"Every single farmer in the Skagit Valley wants strong salmon runs seven generations from now," said Commissioner Wesen. "That's ultimately what the VSP program is about, and we're ready to get to work in cooperation with our friends and neighbors, including the Swinomish Tribe."

The County's enrollment in the VSP leaves existing critical areas protections in place. Farmers must still comply with the County's Watercourse Protection Measures, which restrict livestock access to streams and require farmers to manage pastureland to avoid sediment runoff.

For more information, contact Civil Deputy Prosecuting Attorney Ryan Walters, ryanw@co.skagit.wa.us or 360-419-3444, or visit www.skagitcounty.net/vsp.