HomeMy WebLinkAbout082 91
RESOLUTION NO.
82
-91
WHEREAS, The public interest requires that the classification of lands
as open space for current use assessment be conducted according to duly
adopted priorities and procedures; and
WHEREAS, The attatched Jefferson County Open Space Tax Program will
assist in implementing the open space policies contained in the
Jefferson County Comprehensive Plan; and
WHEREAS, RCW 84.34 empowers the Jefferson County Board of
Commissioners to set open space priorities and adopt an open space plan
and public benefit rating system to evaluate lands proposed for open
space current use assessment; and
WHEREAS, The Jefferson County Planning Commission held study sessions
and assisted Planning Department staff in setting open space priorities
and drafting a public benefit rating system to evaluate lands proposed
for open space current use assessment; and
WHEREAS, The Jefferson County Board of County Commissioners held a
public hearing and received testimony from interested citizens on May
20, 1991, and conducted a study session on July 25, 1991 to deliberate
testimony received at the public hearing;
NOW, THEREFORE, BE IT RESOLVED by the Jefferson County Board of County
Commissioners that the Jefferson County Open Space Tax Program is hereby
adopted as a formal statement of County Policy.
Adopted this 12th day of August, 1991.
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Jefferson County Board of County
Commissioners
Chairman
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963
JEFFERSON
COUNTY
OPEN
SPACE
TAX
PROGRAM
August 5, 1991
CONTENTS
PART I--GENERAL PROGRAM REQUIREMENTS
PART II--AGRICULTURAL LAND
PART III --TIMBERLAND
PART IV--OPEN SPACE LAND: PUBLIC BENEFIT RATING SYSTEM
Adopted Pursuant to RCW 84,34 and
Resolution No. 82 -91
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PART I
GENERAL PROGRAM REQUIREMENTS
FOR AGRICULTURAL, TIMBER AND
OPEN SPACE LANDS
AND
ADMINISTRATIVE PROCEDURES FOR
CURRENT USE ASSESSMENT
PROGRAM OVERVIEW
The Open Space Taxation Act, RCW 84.34, allows counties to use property tax
reduction as an incentive for the preservation of certain types of lands in
their current use, when such preservation will provide a public benefit. The
purpose of this program is to provide the framework by which Jefferson County
can objectively apply this ability to lands within the unincorporated areas of
the County.
As property values rise due to sales for new uses, or speculation, property
taxes also rise. Owners of farms, timberlands, and other open spaces with
relatively low returns from their land, may pay taxes based on land values
much higher than justified by present uses. Open space land has economic and
aesthetic value, and the intent of the Open Space Tax Act is to encourage the
preservation of those uses through reduction in taxes.
The program will effect the distribution of tax levies in Jefferson County. The
tax burden will be shifted to those tax payers not enrolled in the program, in
order to yield revenue equal to that generated by the tax base prior to the
program's reduction in assessed valuations. The shift in property taxes
should at least offset the public benefit derived by maintaining the property
in its current use.
Lands which may qualify for this property tax reduction are specified by the
Open Space Tax Act as follows: "farm and agricultural lands"; "timberlands";
and "open space lands,"
This program constitutes Jefferson County's rules for implementation of the
Open Space Tax Act, It consists of sections relating to general prog-ram
requirements and administrative procedures, farm and agricultural lands,
timberlands, and open space lands.
This program is intended to use property tax reduction as an incentive to
preserve desirable lands as a public benefit, not as a mechanism to subsidize
an individual, organization or industry.
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SECTION I.
GENERAL REQUIREMENTS
Land proposed for enrollment must meet the requirements of this section and the
Open Space Tax Act. Lands must satisfy the general requirements of this section,
regardless of whether classification is sought under the "open space," "farm and
agricultural lands," or "timberlands" sections of the program.
A. Fees
The base fee for applications under the Open Space and Timber provisions of
this program shall be $250.00; the base fee for applications under the
Agriculture provisions of this program shall be $100.00 dollars. All fees shall
be paid at the time of filing the application.
B. Payment of Judgements, Fines and Delinquent Property Taxes
A condition precedent to approval of any application for current use
assessment is a certification of nondelinquent property tax account issued by
the Jefferson County Treasurer, Also, approval will be denied if the landowner
has failed to satisfy any judgment the County has obtained against the
landowners, or if the landowner owes any fee to the County, or has failed to
pay traffic fines or penalties of the Jefferson County District Court.
C. Legal Description/Segregation
After lands have been approved for enrollment, the Applicant shall provide a
legal description of the enrolled property as required by the Jefferson County
Assessor. In some cases, this may require a survey, to delineate ineligible
lands.
D. Application Forms/Map
Application forms for agricultural/farmland classification may be obtained from
the Jefferson County Assessor's Office. Application forms for open space or
timberland classification may be obtained from the Jefferson County Planning
and Building Department.
Applications for agricultural/farm-land classification shall be submitted to the
Jefferson County Assessor's Office for review and approval in accordance with
RCW 84.34.035.
Applications for open space or timberland classIfication shall be submitted to
the Planning Department. After all filing requirements are met, the Planning
Department shall assign a date for a public hearing, and provide notice in
accordance with RCW 84.34.037. Pursuant to the Jefferson County Hearing
Examiner Ordinance, No. 1-0318-91, the Hearing Examiner, shall hold a public
hearing to determine whether the application conforms with the requirements
of this program, and RCW 84.34; whereupon, the Examiner shall issue his/her
recommendation to the Jefferson County Board of Commissioners for final
legislative approval.
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A map shall accompany the application, and shall include the following
information:
1.
the applicant's name and mailing address, a legal description for the
property, and the parcel number(s) of the property;
the bou.ndary of the entire ownership along with the bearings and lengths
of these lines if determined by a survey, or the approximate boundary
lengths and bearings if not determined by a survey, referenced to the
nearest section, township, and range lines and all controlling legal
survey corners;
the scale of the map (preferably of 50 or 100 feet to the inch) and North
arrow indication;
the location and name of all existing roads and easements located within
and adjacent to the property;
the location of all buildihgs and private driveways;
timberland application maps shall show the timber stand types, including
species, age class, density of stocking, site index, nontimbered areas,
noncommercial forest land areas, and nonforest uses to be excluded from
timberland classification;
open space land maps shall identify the particular resource proposed for
open space classification under the Priority Resource section of the
program, and delineate that resource area on the map accompanying the
open space application;
the map which delineates the timberland and open space resources shall
show the proposed boundary line bearings and lengths of each if other
than the entire ownership boundary line.
2.
3.
4.
5.
6.
7.
8.
A,
SECTION II.
GENERAL ADMINISTRATIVE PROCEDURES
B.
Length of Time in Classification
Once land has been classified as open space, agricultural/farm-land, or
timberland, it shall not be applied to any other use for a period of not less
than ten (10) years, EXCEPT for a transfer between agricultural/farmland and
timberland classifications. The land shall continue in classification after the
ten (10) year period until a request for withdrawal is made by the owner or
until the use of the land has changed or it has been sold and the new owner
has not signed a Notice of Continuance.
Owner Request For Withdrawal
After eight (8) years of the initial ten (10) year period have passed, the land
owner may request that all or part of his land be withdrawn from the
classification. This request is irrevocable. The request shall be made to the
Assessor, If a portion of a parcel is removed from classification, the
remaining portion must meet the requirements for original classification.
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C.
Action On a Timely Request for Withdrawal
Upon receipt of a request for withdrawal, the Assessor shall notify the Board
of County Commissioners, which originally approved the classification, and when
two (2) years have elapsed, the Assessor shall withdraw the land from
classification, The land which is removed shall be subject to a tax equal to
the difference between the amount of tax paid under the open space
classification and the tax at true and fair value for seven (7) years last past,
plus the statutory interest rate charged on delinquent property taxes.
Property withdrawn without a timely request may be subject to an additional
twenty percent (20%).
D.
Owner to Notify Assessor of Change in Use
If an owner changes the use of his classified land, he must within sixty (60)
days notify the County Assessor of the change. The Assessor shall then
impose an additional tax equal to the difference between the tax paid on
current use value and the tax that would have been paid on that land had it
not been so classified, payable for the seven (7) years last past, plus interest
on this additional tax at the same rate as charged on delinquent property
taxes, plus a penalty of twenty percent (20%) of the total amount.
E.
Sale of Classified Land
When classified land is sold, the seller or transferror becomes liable at the
time of sale for the additional tax, interest and penalty of all or a portion
of classified lands, unless the new owner signs the Notice of Continuance
which is attached to or shown on the excise tax affidavit. The County Auditor
shal1 not accept an instrument of conveyance on any classified land unless the
Notice of Continuance has been signed or the additional tax has been paid.
F,
Removal of Land Classification by County Assessor
The Assessor may determine, after giving the owner written notice and an
opportunity to be heard, that all or a portion of the land classified for
current use assessment is no longer primarily devoted to and used for the
purposes for which it was granted classification. Within thirty (30) days after
the Assessor has determined that all or a portion of the land no longer
qualifies for classification, the Assessor shalJ notify the owner in writing and
explain why such action was taken. The owner may appeal the removal of
classification to the Board of Equalization (RCW 84.34.108).
At the time land is removed from classification, it becomes subject to an
additional tax, interest, and penalty thereon,
G.
Removal of Lands Which Adversely Effect Water Quality
The Assessor may determine, after receiving written certification from the
Jefferson County Water Quality Program, the Jefferson County Health
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Department, or the Jefferson County Conservation District, and after giving the
owner written notice and an opportunity to be heard, that all or a portion of
the land classified for current use assessment severely degrades water quality
in its present use. Within thirty (30) days after the Assessor has determined
that the land in its current nse severely degrades water quality, the Assessor
shall notify the owner in writing that all or a portion of the land has been
removed from current use classification, and explain why such action was
taken. The owner may appeal such removal of classification to the Board of
Equalization (RCW 84.34,108).
At the time land is removed from classification, it becomes subject to an
additional tax, interest, and penalty thereon.
H.
When Removal of Land is Not Subject to Additional Tax
1.
Land is transferred to a government entity in exchange for other land
located in the State of Washington;
Land is taken by power of eminent domain or transferred in anticipation
of the exercise of such power;
Land is so.ld or transferred within two (2) years of the death of the
owner of at least fifty percent (50%) interest in the land;
A natural disaster changes the use of such property;
Official action by the State, County, or City disallows the present use
of such land; or
The land is transferred to a church such that the land would qualify for
a property tax exemption (RCW 84.36.210);
Acquisi tion of property interest by State agencies or agencies or
organizations qualified under RCW 84.34.210 and 64.04,130 (See RCW
84.34.108 (5)(g)).
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3,
4.
5.
6.
7.
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969
PART II
AGRICULTURAL LANDS
GENERAL INFORMATION
SECTION I.
ELIGIBLE LANDS
Twenty (20) or more acres of land devoted to the production of livestock or
agriculture for commercial purposes, and less than twenty acres (20) of land
devoted to commercial agricultural purposes that meets a minimum income from
these uses may be eligible for assessment on the basis or the current use under
the open space tax law (RCW 84.34, and WAC 548-30).
SECTION II,
APPLICATION
The Assessor approves or denies all applications for the farm and agricultural
land open space classification. Applications are made the year prior to the year
the land is to be assessed at its current use.
The Assessor may periodically require information regard.i.ng the commercial
agr.icultural activity of properties designated for agricultural land
classification, to ensure ongoing compliance with this program and the Act (RCW
84.34; WAC 548.30).
For detailed information about, and applications for the Agricultural Land Tax
Classification, please contact the Assessor's office at the Jefferson County
Courthouse, Port Townsend, Washington, 98368, or call 385-9105.
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PART III
TIMBERLANDS
SECTION I.
ELIGIBLE LANDS
Five (5) or more acres of land devoted primarily to the growth and harvest of
forest crops and which is not classified as reforestation land pursuant to
chapter RCW 84,28. Timber land means the land only.
SECTION II,
APPLICATION
Applications for timberland classification shall be submitted to the Jefferson
County Planning Department. After all filing requirements are met, the Planning
Department shall set a date for a public hearing, and provide notice in
accordance with RCW 84.34.037. Pursuant to the Jefferson County Hearing Examiner
Ordinance, No, 1-0318-91, the Hearing Examiner shall hold a public hearing to
determine whether the application conforms with the requirements of this program,
and RCW 84,34; whereupon, the Examiner shall issue a recommendation to the
Jefferson County Board of Commissioners for final leg.islative approval.
Detailed requirements for timberland classification are set forth in Chapter 84.34
RCW.
SECTION III.
PURPOSE
In accord with the intent of the Open Space Tax Act (RCW 84.34) and the Jefferson
County Comprehensive Plan, the goal of the Timberlands portion of this program
is to encourage the retention and management of small-acreage timber tracts for
commercial timber production on a long-term basis.
SECTION IV.
CRITERIA FOR ENROLLMENT
A. Management for Commercial Production.
To ensure that the site will be managed for commercia] forest crop production,
a timber management plan shall be submitted which has been prepared by a
professional forester who specializes in forest management and who has a
bachelor's or higher degree in a forestry-related field from an institution
accredited by the Society of American Foresters or a Department of Natural
Resources forest specialist. The timber management plan shall include the
following:
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1.
2.
Evaluation of long-term commercial viability of the site.
Management measures which will provide long-term commercial tim
ber productivity for the site.
3.
An implementation plan whIch provides general target dates for
various management practices in order to assess whether commercial
management is being conducted. Commercial management can also be
indicated by enrollment or participation in tree farm programs or
other indications of management.
B.
Site Suitability for Long-Term Timber Management.
Parcel size, configuration and access, as well as adjoining comprehensive
plan density and use designation, shall be evaluated for conflicts with
adjoining uses which would make the site unsuitable for active long-
term timber management. Additionally, the site may not be (a) located
within 200 feet of the ordinary high-water mark* of a body of water, (b)
classified as reforestation land under RCW 84.28 or (c) classified for
deferred taxation under RCW 84.32.
C,
"Primary Use" for Forest Crop Production.
Pursuant to RCW 84,34.020, the primary use of the property must be for
the production of forest crops. When an actual use other than timber
production exists or is contemplated for the property, the application
must exclude the acreage required for such use (assuming it to be a new
proposed use).
The area excluded must be contiguous, of simple geometric shape, and
include the location of the non-timber use. The area excluded shall be
defined by legal description and the description shall be included with
the application.
D,
Periodic Evaluation,
An update wherein the landowner describes progress to date on
implementation of the plan may be required, coinciding with the
Assessor's reappraisal cycle.
*
Ordinary high-water mark means the mark on all lakes, streams and tidal
water, which will be found by examining the beds and banks and
ascertaining where the presence and action of waters are so common and
usual, and so long continued in all ordinary years, as to mark upon the
soH a character distinct from that of the abutting upland, in respect
to vegetation; PROVIDED, that in any area where the ordinary high-water
adjoining salt water shall be the line of mean higher tide and the
ordinary high-water mark adjoining fresh water shall be the line of mean
high water.
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SECTION I.
PART IV
OPEN SPACE LAND
ELIGIBLE LANDS
The Open Space Tax Act defines lands which may be considered for current use
assessment as open space in RCW 84.34.020. Jefferson County has refined this
definition to a prioritized list of lands which may be eligible for enrollment in
the Open Space Taxation Program within the unincorporated areas of Jefferson
County.
A. RCW 84.34.037 states that in approving applications for open space
classification, the County may take into consideration whether the preservation
of the land in its current use, when balanced against the resulting revenue
loss or tax shift, would:
1
.l..
conserve or enhance natural, cultural or scenic resources; or
protect streams, stream corridors, wetlands, natural shorelines and
aquifers; or
protect soil resources and unique or critical wildlife and native plant
habitat; or
promote conservation principals by example or by offering educational
opportunities; or
enhance the value to the public of abutting or neighboring parks,
forests, wildlife preserves, nature reservations or sanctuaries or other
open space; or
enhance recreation opportunities; or
preserve historic and or archaeological sites; or
effect any other factors relevant in weighing benefits to the general
welfare of preserving the current use of the property.
2.
3.
4,
5.
6.
7.
8.
B. Lands Eligible for Current Use Assessment as Open Space in Jefferson County.
Jefferson County has refined which kinds of lands within the categories of the
State Act definition of open space will be given priority for enrollment in the
Open Space Tax Program. Any land area, the preservation in its current use
would:
1.
assist in the implementation of the .Jefferson County Parks, Recreation
and Open Space Plan. (An example would be land dedicated for public use
as a hiking, bicycle, or horse trail consistent with the proposed routes
contained in the plan); or
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2.
provide a Dractical buffer between areas of conflicting land uses.
(Examples might be noise-screen areas around an airport, ?r a J?erimeter
buffer around an industrial site which is adjacent to a resldenhal area);
5.
or
assist in limiting access, congestion, and strip-commercial development
along public roads and highways. (Properties which should be considered
are only those which are more than 660 feet from the intersection of
two arterial roads); or
Dreserve or retain corridors for future public roads which are scheduled
for acquisition in conformance with the County's Six-Year Road Program;
or
assist in implementing the Jefferson County Comprehensive Plan by
establishing open space corridors within and between urban growth areas;
such corridors include lands useful for recreation, trails, wildlife
habitat, and wildlife habitat connective corridors; or
assist in the implementation of the Jefferson County Comprehensive Plan
through retention of fish and wildlife habitat.
3,
4.
6.
Recognized sources are used for identification of resources. Detailed
descriptions of resources and recog"nized sources are contained in
Section V.
The presence or occurrence of an eligible resource on a parcel must be
field checked by an appropriate agency. This may include the Jefferson
County Planning and Building Department, Washington State Historic
Preservation Office, Washington State Department of Game, or Department
of Natural Resources - Natural Heritage Program and Priority Habitat and
Species Program. All known data sources for the location of Jefferson
County Open Space. Lands are noted in Section V. When a particular
parcel is not located on the lists, but the property owner believes that
the specific resource is present, the owner can request the appropriate
agency to inspect the site for that resource, or could provide to the
County and that agency for their reVietfl, a site analysis prepared by a
consultant specializing in that area of expertise (i.e., botanist, wildlife
biologist, geologist, Jefferson County Historical Society representative,
etc.). Professional standards may be established by the County for
acceptable consultants, The County shall utilize the site analysis and
any comments from the agency, as well as any other relevant data
available, .in determining if the parcel is eligible.
SECTION II. APPLICATION
Applications for open space classification shall be submitted to the Planning
Department, After all filing requirements are met, the Planning Department shall
assign a date for a public hearing, and provide notice in accordance with RCW
84.34,037. Pursuant to the Jefferson County Hearing Examiner Ordinance, No. 1-
0318-91, the Hearing Examiner, shall hold a public hearing to determine whether
the application conforms with the requirements of this program, and RCW 84.34;
whereupon, the Examiner shall issue his recommendation to the Jefferson County
Board of Commissioners for final legislative approval.
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A. Goals
SECTION III.
To encourage the identification, preservation, restoration and
accessibility of sites with ecological, aesthetic, archaeological and
historical significance as a means of enhancing the quality of life for
present and future generations.
To preserve open space within Jefferson County through the development
of incentives to complement current regulations.
To establish a fair and objective process for determining the eligibility
of lands for current use assessment, and to correlate current use value
of eligible lands with the degree of public benefit derived from their
preservation.
1.
2,
3.
B. Policies
Applications submitted for current use assessment should be evaluated
according to the public benefit derived from acceptance into the Open
Space progl'am, and not be construed as a mechanism to subsidize an
individual, organization or industry.
Lands accepted into the Open Space program should be accessible to the
public at a level providing the highest possible public benefit.
Qualifying lands containing a resource with biological or archaeological
sensitivity should be protected from intrusion that may threaten the
existence of the resource.
Areas accepted into the Open Space program should be held inviolate
against conversion to non-open space uses, and shou.ld not be considered
a reserve for such uses.
Parcels already receiving subsidies from other publicly funded programs
should not be eligible for differential tax assessments, except in
instances where the demonstrated public benef.i.t is exceptional.
1.
2.
3.
4.
SECTION IV,
GOALS AND POLICIES
LIST OF ELIGIBLE RESOURCES
High Priority Resources
A.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Significant Archaeological and Historical Sites
Significant Geologic and Shoreline Features
High Priority Wetlands
High Priority Shorelines
Significant Fish and Wildlife Habitat Areas
Special Animal and Plant Sites
Public Water Supply Watersheds
Surface Water Quality Buffer Areas
Floodplains
Urban Open Spaces
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B,
Low Priority Resources
1.
2.
3.
4.
5.
6.
Low Priority Shorelines
Public Lands Buffer
Scenic Vistas
Steep Slopes
Prime Agricultural Lands
Low Priority Wetlands
SECTION V.
DETAILED DESCRIPTIONS OF PRIORITY RESOURCES
A.
HIGH PRIORITY RESOURCES
1.
Significant Archaeological and Historical SJtes
a.
Archaeological Sites
All sites and locations of prehistorical or archaeological interest
including but not limited to burial sites, camp sites, shell middens,
rock shelters, caves and the artifacts and implements of the
culture.
CRITERIA: Eligible lands are those which are either: (a) on file at the
Washington State Office of Archaeology and Historic Preservation; (b)
verified by an expert in the field as containing the same features and
acceptable by the State Office of Archaeology and Historic Preservation
for addition to their inventory. (Note: Jefferson County has not
completed its own inventory of these sites at this date).
SOURCE: Location and details of known sites are on file at Washington
State Office of Archaeology and Historic Preservation and Jefferson
County Planning and Building Department. General information available
on a square mile basis.
EXAMPLES:
---------------------------------------------------
b.
Historical
Si tes
A building, structure or sjte which is of significance to the
County's cultural heritage including but not limited to Indian and
pioneer settlements, old buildings, forts, trails, landings, bridges
or the sites thereof together with .interpretive facilities, and which
are identified on a local, state or national register of historic:
places, A building or structure shall contain a minimum of one (1)
acre of land.
CRITERIA: Eligible lands are those on the State and National Registers
of Historic Places, or eligible to be included in the State or National
Register.
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SOURCE: Refer to State or Nat.ional Registers at State Office of
Archaeology and Historic Preservation,
EXAMPLES:
---------------------------------------------------
c.
Rural Historic Landscapes
A geographical area that has been usedl shapedl or modified over
time by human activitYI occupancYI or interventionl and that
possesses a significant concentrationl linkagel or continuity of
historic landscape featuresl including areas of land usel buildings,
vegetation I roads and waterV,¡aysl and natural features.
CRITERIA: Eligible lands are those that meet the definition above.
Properties are nominated and evaluated according to guidelines
established by the National Park Service, and registered as a Rural
Historic Landscape.
SOURCE: Jefferson County Comprehensive Planl National Register Bulletin
30: How to IdentifYI Evaluatel and Register Rural Historic Landscapes
EXAMPLES:
-------------------------------------------------
2.
Geological and Shoreline Features
Those special features as defined in the Natural Heritage Plan generally
includingl but not limited tol special geologic locations (fossils), works
of geomorphology (waterfalls), and works of glaciation (patterned ground);
or those unique and undeveloped shoreline features of Jefferson County
including islands, spits I lagoons I cliffs or points,
CRITERIA: Eligible sites are those which are either: (a) on file in the
Natural Heritage data base; or (b) verified by an expert in the field as
containing the same features as those in the data base and are also
acceptable by the state agency for addition to the Natural Heritage data
base. Parcels must contain a substantial majority of an entire geologic
or shoreline feature.
SOURCE: Jefferson County Comprehensive Planl Natural Heritage Data
Base administered by the Washington Department of Natural Resources.
EXAMPLE:
---------------------------------------------------
3.
High Priority Wetlands
Transi tional lands between terrestrial and aquatic systems where the
water table is usually at or near the surface or the land is covered by
shallow water, Wetlands must have one or more of the following
attributes: at least periodically, the land supports predominantly
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hydrophytes; the substrate is predominantly undrained hydric soil; and,
the substrate is nonsoil and is satu.rated with water or covered by
shallow water at some time during the growing season each year.
Additionally, High Priority Wetlands in Jefferson County are only those
meeting the Category I Criteria under the Washington State Four-tier
Wetlands Rating System.
CRITERIA: Eligible lands are those meeting the definition above, and
must maintain a buffer of at least 25 feet in width, preserved from
clearing and intrusion by livesto~k.
SOURCE: Jefferson County Comprehensive Plan, Wetland Inventory, United
States Department of the Interior, Fish and Wildlife Service, Washington
State Department of Ecology Four-tier Wetlands Rating System
EXAMPLE:
----------------------------------------------------
4.
High Priority Shorelines
A marine, lake, or riverine shoreline and its associated wetlands meeting
one of the following definitions:
b.
Shorelines identified as "natural" in the Jefferson-Port Townsend
Shoreline Management Master Program; or
Shorelines of "statewide significance" identified in the Jefferson-
Port Townsend Shoreline Management Master Program; or
Shorelines identified as "conservancy" in the Jefferson-Port
Townsend Shoreline Management Master Program.
a,
c,
CRITERIA: Eligible lands are those meeting one of the above definitions.
"Natural" shorelines include the associated wetland as defined by the
Jefferson-Port Townsend Shoreline Management Master Program, extending
200 feet inland from the ordinary high water mark.
SOURCE: Jefferson County Comprehensive Plan, Catalog of Washington
Streams, Washington State Department of Wildlife, Stream Typing Atlas,
Washington State Department of Natural Resources, Jefferson-Port
Townsend Shoreline Management Master Program.
EXAMPLE:
---------------------------------------------------
5.
Significant Fish and Wildlife Habitat Areas
Areas utilized by both special and/or other fish and wildlife in such
frequency and diversity for critical ecological processes occurring such
as breeding, nesting, nursery, feeding, and resting.
CRITERIA: Eligible lands are those identified by either: (a) the
Washington State Department of Wildlife or Washington State Department
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of Fisheries; or (b) a competent prüfessional whose findings are accepted
by the Department of Wildlife - Natural Heritage Program and Priority
Habitat and Species Program.
SOURCE: Jefferson County
Department of Wi1dlife
Comprehensive
Plan,
Washington
State
EXAMPLE:
----------------------------------------------------
6.
Special Animal and Plant Sites
a.
Special Animal S.ites
Those animals defined in the Natural Heritage Plan as being either
an endangered, threatened or sensitive species to the Washington
State Department of Wildlife, Within Jefferson County, this term
shall also include monitor species.
CRITERIA: Eligible sites are those in the Natural Heritage Data Base as
verified by the Natural Heritage Program; or which are verified by the
State Department of Wildlife or an expert in the field, as containing the
same animals and which are acceptable by the state agency for addition
to the data base.
SOURCE: Jefferson County Comprehensive Plan, Natural Heritage Data Base
administered by the Washington State Department of Natural Resources,
Natural Heritage Program, and the Washington State Department of Wildlife.
EXAMPLE:
----------------------------------------------------
b.
Special Plant Sites
Those plant species defined in the Natural Heritage Plan as being
either an endangered, threatened or sensitive species to the
Washington State Department of Natural Resources Natural
Heritage Program.
CRITERIA: Eligible sites are those in the Natural Heritage data base,
as verified by the Natural Heritage Program, or which are verified by an
expert in the field as containing the same plants and which are
acceptable by the state agency for addition to the data base.
SOURCE: Jefferson County Comprehensive Plan, Natural Heritage Data
Base administered by the Washington State Department of Natural
Resources, Natural Heritage Program.
EXAMPLE:
-----------------------~----------------------------
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7.
Public Water Supply Watersheds
Undeveloped land which serves as the watershed for a "public water
system" as defined in WAC 246-290-020.
CRITERIA: Eligible lands are those meeting the definition above. Given
the nature and function of the resource, public access may be restricted
due to sensitivity,
SOURCE: Jefferson County Comprehensive Plan, Jefferson County Health
Department, Washington State Department of Health.
EXAMPLE:
----------------------------------------------------
8.
Surface Water Quality Buffer Areas
An undisturbed zone of vegetation, adjacent to a stream, lake, pond,
wetland or marine waters, of a sufficient width (no less than 25 feet and
no greater than 100 feet), that will benefit a surface water body by
protecting water quality and reducing erosion.
CRITERIA: Eligible lands are those meeting the above definition, A
Surface Water Quality Buffer Area must be preserved from intrusion by
domesticated animals or structures. All Buffer Area lands in or adjacent
to pasture land must be fenced to prevent intrusion by domesticated
animals. The width of the Buffer is measured upland from the ordinary
high-water mark of the stream, lake, pond, or marine waters. In the case
of wetlands, the buffer area will be measured upland from the edge of the
wetland. The buffer area does not include the wetland itself or the body
of water waterward of the ordinary high water mark.
SOURCE: The location of streams, ponds, wetlands or marine
waters can be found in the catalogue of Washington Streams -- Washington
State Department of Fisheries or Washington State Department of Wildlife,
the map of Jefferson County showing drainage prepared by L.E. Bogart,
Jefferson County wetlands inventory maps prepared by the Washington
State Department of Wildlife, and other local maps that show drainage.
EXAMPLE:
----------------------------------------------------
9,
Floodplains
Lands completely within the 100 year floodplain of a river or stream, and
subject to inundation during a flood event.
CRITERIA: Eligible lands are those meeting the definition above. Not
èligible under this category are all shoreline environments and lands
eligIble as a buffer.
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SOURCE: Jefferson County Comprehensive Plan, Flood Boundary and
Floodway Maps, Federal Office of Emergency Management
EXAMPLE:
~---------------------------------------------------
10.
Urban Open Spaces
Five acres or more of land in its natural state, open to the public and
located in an urban growth area, which will contribute to the quality of
future urban development within the County.
CRITERIA: Eligible lands are those meetIng the defInItion above, verified
by a qualified agency in accord "lith the Optimum Land Use Maps contained
In the Jefferson County Comprehensive Plan ("urban" areas shall be
equated with designated "suburban" areas),
SOURCE:
Jefferson County Comprehensive Plan.
EXAMPLE:
----------------------------------------------------
B.
LOW PRIORITY RESOURCES
1,
Low Priority Shorelines
A marine, lake or riverine shoreline meeting one of the following
definitions:
a.
Shorelines on lakes less than twenty (20) acres in size and
wetlands associated with such small lakes; or
Stream shorelines identified as Type III by the Washington State
Department of Natural Resources; or
Shore.lines identified as "urban" or "suburban" by the Jefferson-
Port Townsend Shoreline Management Master Program.
b.
c.
CRITERIA: Eligible lands are thosE' meeting the above definit.ions. Lands
eligible under b. above must maintain a 25 foot buffer In a natural state,
preserved from clearing and intrusion by Uvestock.
SOURCE: Jefferson County Comprehensive Plan, Stream Typing Atlas,
WaGhington State Department of Natural Resources, Jefferson-Port
Townsend Shoreline Management Master Program.
EXAMPLE:
----------------------------------------------------
2.
Public Lands Buffer
Lands lying adjacent to neighborhood parks, forests, wildlife preserves,
natural reservation or sanctuaries.
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CRITERIA: Lands being buffered shall be in public ownership or, if
pri vate, shall be enrolled in the Open Space Program.
SOURCE: Jefferson County Comprehensive Plan, Jefferson County Park,
Recreation and Open Space Plan, Jefferson County Assessor's Office.
EXAMPLE:
----------------------------------------------------
3.
Scenic Vistas
An area providing unique or unusual views of natural features in
Jefferson County, which are significant to the aesthetic character of the
County, within the jurisdiction of the Scenic Highways Act.
CRITERIA: Eligible lands are those meeting the definition above, and
consisting of large, uninterrupted expanses or other. historically open
areas. Such lands should be free of any structural improvements and
substantially preserve the scenic vista.
SOURCE: Jefferson County Comprehensive Plan, Washington State
Department of Transportation, Washington State Department of Ecology
inventory of State Natural Areas Preserves (no Jefferson County
inventory is currently available).
EXAMPLE:
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4,
Steep or Unstable Slopes
Steep slopes are those with a slope of 30% or greater. Unstable slopes
may be less than 30% but must be verified by a qualified slope stability
engineer.
CRITERIA: Eligible lands are those meeting the definition above or those
verified by an expert in the field,
SOURCE: Jefferson County Comprehensive
inventory is currently available).
Plan,
(Jefferson
County
EXAMPLE:
----------------------------------------------------
5.
Prime Agricultural Lands
Areas mapped as "Prime Agricultural Lands" by the Soil Conservation
Service but not currently designated as Agricultural Open Space.
CRITERIA: Eligible lands are those meeting the definition above. (This
category is intended to provide a long term incentive for the
preservation of important farmland).
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988
SOURCE: Jefferson County Comprehensive Plan, Soil Survey of the
Jefferson County Area, Washington, Soil Conservation Service, Important
Farmlands Map, Soil Conservation Service.
EXAMPLE:
-----------------------------------------------------
6,
Low Priority Wetlands
Transitional lands between terrestrial and aqu.atic systems where the
water table is usually at or near the surface or the land is covered by
shallow water. Wetlands must have at least one of the following
attributes: at least periodically, the land supports predominantly
hydrophytes; the substrate is predominantly undrained hydric soil; and,
the substrate is nonsoil and is saturated with water or covered by
shallow water at some time during the growing season each year,
Additionally, Low Priority Wetlands in Jefferson County are only those
meeting the Category II Criteria under the Washington State Four-tier
Wetlands Rating System.
CRITERIA: Eligible lands are those meeting the definition above, and must
maintain at least a 25 foot wide buffer, preserved from clearing and
intrusion by livestock.
SOURCE: Jefferson County Comprehensive Plan, Wetland Inventory, United
States Department of the Interior, Fish and Wildlife Service, Washington
State Department of Ecology Four-tier Wetlands Rating System.
SECTION VI.
CURRENT USE VALUATION
The current use value of open space lands shall be determined using the
Public Benefit Rating System below. The Public Benefit Rating shall apply
only to that portion of the parcel(s) of property classified as open space
under this section of the program. Current use value is expressed as
a percentage of the market value as determined by the County Assessor.
A.
PUBLIC BENEFIT RATING SYSTEM
1.
Resources (maximum 4 points)
a.
b.
High Priority Resource. . . . . . . . . 2 points each
I,ow Priority Resource . . . . . 1 point each
^
L.
Access (maximum 3 points)
a.
b.
Unlimited Public Access (signs required) . , . 3 points
Restricted Access due to Environmental Sensitivity
............,...,...,..3points
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3.
4,
B. BUFFERS
c.
Some Public Access (members or seasonal or
inhibiting physical feature) . . , . . . . . . 1 point
Transfer of Development Rights (maximum 6 points)
a,
Conveyance recorded with the Auditor. . . , . 6 points
{An agreement between the property owner and any agency
qualifying under RCW 64.04.130 and/or 84.34.250, which permanently
transfers development rights to the agency for purposes of
perpetual conservation.
----
County Policy Goals (maximum 2 points)
a.
Implements Jefferson County Parks, Recreation and Open Space Plan
.,......,...lpoint
Provides buffer between conflicting uses. . . , . . . , , . , . .
"..........lpoint
Limits access, congestion and strip-commercial development. . . .
.,...,......lpoint
Preserves corridors for future public roads. . . . . , . . . . . .
....,.......1point
Enhances the value to the public of abutting or neighboring nature
reservations, sanctuaries, or other open spaces. . . . . . , . . .
..,..,...,..lpoint
Assists in implementing the Jefferson County Comprehensive Plan
by establishing open space corridors between urban growth areas
or by retaining fish and wi1dlife habitat. . . . . . , . . . . . .
..,.........lpoint
b,
c.
d.
e.
.t::
L.
MAXIMUM PUBLIC BENEFIT RATING (PER) . . . . . 12 points
MINIMUM PUBLIC BENEFIT RATING, . . . 5 points *
NOTE: Not appIicable to parcels grandfathered under this section,
Undeveloped buffers along marine shorelines qualify for special consideration
under the Public Benefit Rating (PBR) System. An undisturbed zone of
vegetation, adjacent to marine waters, of no less than 200 feet qualifies
automatically for a PBR of 3.
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C. CURRENT USE ASSESSMENT VALUATION SCHEDULE
Public Benefit Rating (PBR)
Current Use Value
11 - 12 points
9 - 10 points
7 - 8 points
5 - 6 points
4 points *
3 points *
2 points *
1 point *
10% of market value
30% of market value
50% of market value
70% of market value
80% of market value
85% of market value
90% of market value
95% of market value
* NOTE:
Applicable only to parcels grandfathered under this section,
SECTION VII.
CLASSIFICATION PROCEDURE
A.
RCW 84.34.037 stipulates that applicatJons for classification of land as
open space be acted upon after a public hearing and after notice of the
hearing has been given by publication in a newspaper of general
circulation. The Jefferson County Board of Commissioners, as the
legislative authority for the unincorporated area of Jefferson County,
acts as the granting authority. The Board acts upon the recommendation
of the Jefferson County Hearing Examiner.
The task of the Board of Commissioners when reviewing an application for
open space current use assessment is to assign a Public Benefit Rating
(PBR) using the rating system in Section VI. A, above.
The County Assessor will then determine the taxable value of the
property using the PBR assigned by the Board of Commissioners and the
Current Use Assessment Valuation Schedule in Section VI. C above.
B.
Pursuant to RCW 84..34.055, owners of open space lands which were
classified under chapter RCW 84.34 prior to the adoption of this program
shall be notified of their new assessed value in accordance with RCW
84,40.045. Said lands may be removed from open space classification, upon
receipt of a written request from the owner, without payment of
compensating tax, penalty, or interest, within thirty days of notification
of value.
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