By Steve Erickson

The first two actions the Growth Management Act required of Island County were to protect critical areas, such as wetlands and streams, and designate and conserve farmland of long-term commercial significance. That was 1991. After extended litigation by Whidbey Environmental Action Network, the county finally acted in late 1998.

WEAN appealed the inadequate critical areas protections adopted by the county. Stream buffers were reduced from the 100 feet that had been in effect since 1984 to as little as 25 feet. Only about 4,000 acres were designated as commercially significant farmland (the Commercial Agriculture zone), with another 7,000 acres zoned as locally significant farmland (the Rural Agriculture zone). Yet any agriculture of any type or scale throughout the entire county was exempted from the wetland and stream protections.

WEAN argued that the stream buffers were inadequate, more farmland should be designated and conserved, and that outside of the designated farmland, agriculture shouldn’t take precedence over protecting streams and wetlands.

Neither the Growth Hearings Board nor the state Court of Appeals bought the county’s arguments. The county claimed that farming in the designated agriculture zones was dependent on farming in the Rural zone and almost all agriculture was in wetlands, streams and their buffers. But there is no evidence that farming in the Rural Ag and Commercial Ag zones depends on farming in the Rural zone, and absolutely no information on how much farming in any zone happens in wetlands, streams, or their buffers. The county still has made no attempt to gather actual information.

Now, instead of complying with the Court of Appeals decision, the county commissioners are attempting to mislead and frighten people. They’ve raised the ridiculous specter that all gardening and farming in the Rural zone will become illegal and even a small wet spot in a pasture will make it impossible to garden or farm anywhere on a parcel. The facts are otherwise. The Rural Ag and Commercial Ag zones are not affected by the court’s decision at all. The court’s decision applies only to those parcels in the Rural zone with wetlands, streams, and their buffers. That’s wetlands as defined in state law, which must have wetland soil, wetland hydrology, and wetland vegetation, not just a “wet spot.” Outside of the buffers, gardening and farming of all types are still allowed.

What about commercial farming in the Rural zone that impacts critical areas? No one knows where or how much farmland this is. But serious commercial farming belongs on land zoned for agriculture, such as the Rural Ag zone. County ordinances allow reduced critical area protection and protect farming in the Commercial and Rural Agriculture zones from incompatible adjacent development.

Currently, to qualify for the Rural Agriculture zone a landowner must have at least 10 acres of land enrolled in the agricultural property (current use) tax program. WEAN previously urged that properties as small as 5 acres be allowed to opt-in to the Rural Ag zone. The county commissioners refused. Allowing smaller commercial farming operations to gain the protection of agricultural zoning would help protect these micro-farming operations from the biggest threat to farming on Whidbey and Camano Island – and that’s pressure from transplanted urbanites who discover that roosters crowing in the middle of the night wasn’t what they thought country living was all about.

WEAN supports agriculture that is sustainable and maintains and restores the environmental and ecological health of the land. That includes leaving habitat, including wetlands and streams, for the wildlife with which we share these islands in the Salish Sea. We will continue to advocate that the protections of Rural Ag zoning be made available to properties as small as 5 acres where there is significant commercial agriculture, as demonstrated by enrollment in the agricultural property (current use) tax program.

WEAN will continue to support agriculture in the Rural zone that is not within critical areas or their buffers. Unfortunately, the county commissioners apparently no longer believe that agriculture should be encouraged in the Rural zone. Currently, the comprehensive plan contains this policy.

Minor or small scale agriculture activities are consistent with rural areas, support rural character, and should be protected and encouraged.

Unfortunately, the commissioners are proposing to repeal this policy. The Growth Management Act requires that agriculture be allowed in the Rural zone and we believe that repeal of this comprehensive plan policy violates GMA. If the county repeals this policy, WEAN will take legal action.

Whidbey Environmental Action Network board of directors includes Randy Blethen, Ann Dannhauer, Marianne Edain, Steve Erickson and Gary Piazzon.