Agritourism decision on hold again

The interim ordinance that places a temporary moratorium on new event venues on land zoned Ag-NRL “is not a free pass for existing venues,” Skagit County Prosecuting Attorney Will Honea said Monday at a post-adoption hearing in the county commissioners’ office.

Twenty-six people attending gave testimony on the moratorium, adopted by the Skagit County Board of Commissioners on Jan. 29. The moratorium was a surprise. It essentially ignored the agritourism code changes proposed by the county’s Agricultural Advisory Board and recommended by the Skagit County Planning Commission on Dec. 12.

Honea told the crowd that besides severely restricted existing venues, the Ag Advisory Board’s recommendations would have been unenforceable. The definition of agritourism is broad and the rules still aren’t clear. The six-month moratorium on new venues buys the commissioners time to develop enforceable code and creates a path to a permit for existing venues.

Most of all, it keeps people from outside the county from buying up agricultural land now, hoping to create venues if or when county rules allow.

“Because we as a community have protected our farmland through strict laws, land is actually pretty cheap compared to elsewhere, because only farming is allowed,” Honea said. “If we allow things other than farming that produce things other than farming, the land will flow towards the money.”

Eight speakers opposed the moratorium and endorsed existing code and rules.

“Existing codes protect agriculture in compliance with the GMA (state’s Growth Management Act) and we don’t support this,” said Ellen Bynum of Friends of Skagit County. “We urge the county to uphold the laws that were created under land-use planning.”

Kara Rowe of the Western Washington Agricultural Association also felt the moratorium was unnecessary. “We fear that the work of [creating code for] agritourism will now take place behind closed doors.”

To Mikayla Staples Hughes of Fir Island, the moratorium indicates “a covert movement.” She urged the commissioners to respect the recommendations of the Ag Advisory Board.

“The process of creating law by emergency is very troubling,” said Sedro-Woolley cattle farmer and Ag Advisory Board member Terry Sapp.

The seven who spoke in favor of the moratorium and the additional time to clarify agritourism policy included Tim Knue of Skagitonians to Preserve Farmland, former planning commissioner Mark Knutzen, the owners of Maplehurst Farm in south Mount Vernon and the president of the Mount Vernon Chamber of Commerce.

Some comments were not about the moratorium but about property rights, the Constitution and the lawsuit between the county and Tulip Valley Farm.

Two commenters focused on the process existing venues must go through to receive a Voluntary Compliance Agreement. It is lengthy and complicated.

Venues must submit detailed information about their operations, plus a site plan, to the county’s Planning and Development Department. Staff review it, seek additional information, visit the site if necessary and identify any issues of code or law that require correction. Then the landowner and county enter a Voluntary Compliance Agreement that documents existing use rights and any conditions imposed on those rights. The VCA is recorded against the property, providing landowners with documentation specifying the extent of the existing use right.

Venues that do not complete this process in the subsequent 180 days “become an enforcement priority,” Honea said.

“You are literally declaring your offenses,” said one venue owner who asked for more clarity around these requirements. “It’s a little awkward.”

“In return for self-reporting, the county says they will come and regulate you some more,” said Mount Vernon attorney Garl Long. “You can turn yourself in, or lose your existing accessory use. It is an attempt by staff to grab tremendous power.”

Christianson’s Nursery is grateful for the moratorium, “because there is ambiguity in understanding exactly what ‘accessory use’ is and what is qualified,” Emma Christianson told the Weekly News after the hearing. Commercial and residential development has led to the loss of farmland in Skagit County, “not small family farms and farm venues operating for part of the year to supplement their income.”

Christianson’s host events in the Meadow Schoolhouse and the Vinery and participates in the Multistakeholder Working Group on Agritourism. They plan continued engagement with the county.

Existing venues like Christianson’s can participate in an April 1 work session with Honea and the commissioners that will discuss the details of the compliance process and enforcement. Comments will not be taken at that meeting, but can still be submitted to the county until 4:30 p.m. April 4.

“Neither Biden nor Trump will figure this out for us,” said Honea. “Your comments matter.”