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April 8, 2008

Skagit County Prevails In 14-Year Litigation On Agricultural Buffers

SKAGIT COUNTY – On Thursday, April 3, 2008, the Washington Supreme Court rejected the Swinomish Tribe’s motion for reconsideration of the Court’s decision last fall. The earlier decision upheld the County’s critical areas ordinance applicable to ongoing agricultural operations.

The Supreme Court amended its prior decision, making clear that the County is not obligated to remove productive agricultural land from production in order to satisfy the Growth Management Act. New language in the Court’s ruling is indicated by underlining below:

A requirement to develop buffers would impose on farmers an obligation to enhance areas that were lawfully cleared in the past, either by replanting the areas or allowing the natural recovery of vegetation within them. Without a duty to enhance being imposed by the GMA, however, we cannot require farmers in Skagit County to replant or to allow the natural recovery of what was long ago plucked up. The county, therefore, need not impose a requirement that farmers establish riparian buffers.

A requirement to put in riparian buffers would have meant removing thousands of acres of prime Skagit County farmland from active production.

“Skagit County’s critical areas ordinance provides the means for designating and protecting riparian habitat, said Skagit County Commissioner Don Munks. “We are happy with the ruling, but understand other programs are necessary to compensate farmers for the conversion of habitat for salmon enhancement.”

The Supreme Court’s decision put an end to more than 14 years of litigation over the buffer issue. “We’re looking forward to working with the Swinomish Tribe on salmon recovery and enhancement issues,” said Munks. “With this extremely controversial issue behind us hopefully we can all work together to help farms and fish.”

For further information, contact:

Dan Berentson
Communications Director
360-419-3461