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Planning and Development Services

Ag-CAO 2011 Update & VSP

Washington counties are required by state law to designate and protect critical areaswetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently-flooded areas, and geologically hazardous areas. Preventing stream pollution is critical for downstream recreation and shellfish farming. Fish and wildlife habitat areas and wetlands are especially important to healthy salmon and endangered Orca whale populations. Other counties have chosen to protect these critical areas using mandatory buffersstrips of land bordering the critical area where farming is not allowed. Skagit County does not require such buffers on ongoing-agricultural lands. Instead, Skagit County requires ag to "not harm or degrade" critical areas, and to comply with specific Watercourse Protection Measures.

Voluntary Stewardship Program

The State Legislature recently created a "Voluntary Stewardship Program" that a county may enroll in as an alternative to the prior requirement to protect critical areas in areas of agricultural activity through development regulations. Skagit County enrolled in the program on December 19, 2011. Skagit County Public Works will lead implementation of the program, and is instructed to begin implementation as soon as possible. More information on the VSP is available here.

What Other Counties Have Enrolled in the VSP?
As of January 22, 2012, the statutory deadline to enroll, 28 counties have enrolled in the Voluntary Stewardship Program, as indicated in blue on the map below:

Proposal Documents

Letter to Washington State Conservation Commission announcing VSP enrollment (January 5, 2012)
Ordinance O20110013 Enrolling County in VSP and modifying Ag-CAO (December 19, 2011)
Press Release on Enrollment in VSP (December 21, 2011)
Skagit County Analysis Evaluating Enrollment in VSP (December 16, 2011)
Planning Commission Recorded Motion Recommending Enrollment and Code Changes (November 15, 2011)
Invitation to Confer (October 20, 2011)
Comments from Western WA Ag Association (October 21, 2011)
Comments from Swinomish Indian Tribal Community (October 27, 2011)
Comments from WA Dept of Ecology (October 28, 2011)
Comments from Futurewise (October 28, 2011)
Comments from Skagit County Farm Bureau (October 28, 2011)
Comments from Pete Haase & Randy Good (submitted at public hearing Nov 1, 2011)
Comments from Ag Advisory Board (submitted at public hearing Nov 1, 2011)
Department Responses to Comments (November 10, 2011)
Notice of Availability and SEPA Checklist for Ag-CAO amendments (October 13, 2011)
Proposed amendments to Ag-CAO (October 13, 2011)
Proposed Ordinance (October 19, 2011)
Staff Report (October 19, 2011)

Public Participation Schedule for Adoption & Enrollment

The schedule below is subject to change as necessary. Please check back often for the latest information.

Board of Commissioners	Deliberations on Resolution to Consider Enrollment (video) Resolution R20110239	Aug 8, 2011
Planning Commission	Public Workshop on Ag-CAO (video) Work Session Staff Repor(497kb PDF) Notification postcard (55kb PDF)	Aug 23, 2011
Ag Advisory Board	Monthly meeting	Sept 22, 2011
Planning Commission	Work Session on concepts (video)	Oct 4, 2011
	Public Hearing on ordinance	Nov 1, 2011
	Deliberations on Recommendation	Nov 15, 2011
Board of Commissioners	Deliberations on Adoption	Dec 6, 2011

Background Information

Reference Documents

Washington State Conservation Commission, Webinar on the Voluntary Stewardship Program (July 28, 2011)
Skagit County Resolution R20110239 to Consider Enrollment in the ESHB 1886 Voluntary Stewardship Program; Video of Presentation to Board of Commissioners (August 8, 2011)
Washington State Conservation Commission, VSP Background and Program Description (August 2011)
William D. Ruckelshaus Center, A Framework for Stewardship: An Overview (May 2011)
William D. Ruckelshaus Center, A Framework for Stewardship: Final Report on the Work of the Agriculture and Critical Areas Committee (October 2010)
Skagit County, Critical Areas Ordinance for Ongoing Agriculture, SCC 14.24.120
Skagit County, Ag-CAO Watercourse Protection Measures Brochure (663kb PDF)
Draft and Final Environmental Impact Statement on 2003 Ag-CAO (February-June 2003)

Related Websites

William D. Ruckelshaus Center, Agriculture & Critical Areas Project Website
Skagit County, Salmon Strategy Website
Skagit County GIS, Mapping Riparian Land Use Within Agricultural Zones: A Case Study in Skagit County (May 6, 2010)
Skagit County Public Works, Monitoring and Adaptive Management Program Website
Growth Management Hearings Board, Decisions and Orders in Case 02-2-0012c (Dec. 30, 2002 present)

Legislation & Court Documents

ESHB 1886 (2011), now codified at RCW 36.70A.700-760, implementing recommendations of the Ruckelshaus Center process and creating a voluntary stewardship program for protection of critical areas
Order Extending Stay, SITC v. Skagit County, GMHB Case No. 02-2-0012c (Sept. 15, 2010)
SSB 6520 (2010), extending the moratorium on changes to critical areas ordinances an additional year
Swinomish Tribe v. Western Washington Growth Management Hearings Board, 161 Wn.2d 415 (Sept. 13, 2007)
Order Granting a Stay, SITC v. Skagit County, WWGMHB Case No. 02-2-0012c (Aug. 9, 2007)
SSB 5248 (2007), establishing a three-year moratorium on changes to critical areas ordinances with respect to agricultural activities
Order Finding Continuing Noncompliance, SITC v. Skagit County, WWGMHB Case No. 02-2-0012c (May 1, 2006)
Compliance Order Adaptive Management, SITC v. Skagit County, WWGMHB Case No. 02-2-0012c (Jan. 13, 2005)
Skagit County, Resolution Revising Monitoring and Adaptive Management Program, R20040211 (June 21, 2004)
Skagit County, Resolution Adopting Monitoring and Adaptive Management Program, R20030210 (June 23, 2003)
Skagit County, Critical Areas Ordinance for Ongoing Agriculture, O20030020 (June 23, 2003)
MOU for Establishing Procedures for the Administration of a Cooperative Land Use Planning Program Between Swinomish Indian Tribal Community and Skagit County (1.6mb PDF) (Apr. 14, 1998)