Chapter 3.28
OPEN SPACE LAND CLASSIFICATION
Sections:
3.28.020 Open space, farm conservation and timber applications.
3.28.030 Farm and agricultural classification applications.
3.28.010 Application fee.
Pursuant to the open space law, Chapter 84.34 RCW, and Chapter 458-30 WAC, an application fee is established according to the Unified Fee Schedule with each separate application or transfer for current use classification under the state’s open space law. All open space application fees together with the applicant’s deposit to cover the auditor’s filing fee shall be placed in the Whatcom County treasurer’s suspense fund; and if the application is denied, the Whatcom County treasurer is authorized to disburse the application fee and filing fee into the Whatcom County current expense fund; however, if the application is approved, the auditor is to be reimbursed for recording of the approved application, and the remainder of the filing fee and the application fee is to be transferred into the Whatcom County current expense fund. (Ord. 2004-063 Exh. A; Ord. 94-035 Exh. A; Ord. 93-080 Exh. C; prior code § 4.60.010).
3.28.020 Open space, farm conservation and timber applications.
A. Persons applying for classification of land as open space designations of open space, farm conservation, or timber shall make such application to the county planning and development services department for review by the county planning commission.
B. After planning commission review, the county planning and development services department will forward, to the county council, a recommendation for approval or denial for each application. The recommendation will be accompanied by a copy of each application and a resolution by which the council may accept the planning commission’s recommendation, in the event it should choose to do so.
C. All recommendations for approval will include conditions granting approval for each application, if appropriate.
D. Upon passage of the resolution enacting the recommendations of the planning commission, the clerk of the council will forward a signed copy to the planning and development services department and to the assessor’s office.
E. After receiving said resolution, the planning and development services department will prepare the appropriate agreement forms and other final paperwork, obtain the necessary signatures, and have them recorded with the county auditor. A copy of the recorded documents will be provided to the clerk of the council and to the county assessor for the county’s permanent files. (Ord. 94-035 Exh. A; Ord. 93-080 Exh. C; prior code § 4.60.020).
3.28.030 Farm and agricultural classification applications.
Applications for farm and agricultural classification shall be processed by the assessor’s staff as required by Chapter 84.34 RCW and Chapter 458-30 WAC. (Ord. 94-035 Exh. A).
3.28.040 Deadlines.
Applications for open space classification shall be processed in accordance with the deadlines for action set forth in RCW 84.34.050, WAC 458-30-240, and other applicable sections of state law and state administrative policy. (Ord. 94-035 Exh. A).
3.28.050 Appeals.
Appeals of decisions of the council or the assessor in the disposition of these applications shall be made in accordance with WAC 458-30-250. (Ord. 94-035 Exh. A).