A. 
The well-being of farms and ranches in Whatcom County depends in part on good quality soil, water, air, and other natural resources. Agricultural operations that incorporate protection of the environment, including critical areas and their buffers as defined by this chapter, are essential to achieving this goal.
B. 
The purpose of the CPAL program is to allow farmers practicing ongoing agricultural activities that may affect critical areas, their functions and values, and/or their buffers to do so either (1) in accordance with the standard requirements of this chapter or (2) pursuant to a conservation farm plan voluntarily prepared and approved pursuant to this article. If farmers and ranchers are willing to enter into the CPAL program, and demonstrate no impacts to critical areas through the assessment, then flexibility in these provisions may be extended to them. If not, then they must observe the standard provisions of this chapter.
C. 
This program shall be subject to continued monitoring and adaptive management to ensure that it meets the purpose and intent of this chapter.
(Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
Agricultural operations, including the keeping of horses and other large animals, have the potential to create adverse impacts to critical areas. It is the county's policy to minimize such impacts.
A. 
Nutrient Pollution of Water. Animal waste contains nutrients (nitrogen and phosphorous). With each rain, these wastes can wash off the land and into the nearest stream, lake, or wetland. In surface water, phosphorous and nitrogen fertilize aquatic plants and weeds. As the plants and weeds proliferate and decay, the dissolved oxygen that fish need to survive is depleted. Nitrogen in the form of nitrate is easily dissolved in and carried with rainfall through our permeable soils to groundwater. Nitrate concentrations exceeding the maximum contaminant level for safe drinking water are found in many wells of Whatcom County. These can present a significant human health risk, particularly to the very old and very young.
B. 
Pathogen Pollution of Water. Manure contains bacteria and other pathogens. These can make the water unfit for drinking without treatment or shellfish unfit for human consumption. They can also make water unsafe for human contact and recreational sports such as fishing, swimming or water skiing. Both surface and groundwater are vulnerable to this type of pollution.
C. 
Sediment Pollution to Surface Water. Regardless of the amount of supplemental feed provided, large animals will continue grazing until all palatable vegetation is gone. On especially small lots (one or two acres), the animals that are allowed free and continuous access to vegetation quickly graze-out and trample pasture grasses and forbs. These areas are then susceptible to invasion by weeds, including noxious weeds, and brush. The resulting bare ground is subject to erosion from wind and water. Lands that lack adequate vegetation are subject to erosion, and contaminated runoff from these areas can enter water bodies and wetlands and interfere with fish and wildlife habitat.
D. 
Degradation of Riparian Areas. The term "riparian" is defined in Article 9 of this chapter and includes the areas adjacent to streams, lakes, marine shorelines and other waters. A healthy riparian area is essential to protecting fish and wildlife, including salmon and shellfish. Dense riparian vegetation along the water's edge will slow and protect against flood flows; provide infiltration and filtering of pollutants; secure food and cover for fish, birds and wildlife; and keep water cooler in summer. If it occurs, uncontrolled grazing has the potential to remove important riparian vegetation.
(Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
A. 
A conservation farm plan identifies the farming or ranching activities and the practice(s) necessary to avoid their potential negative impacts (resource concerns). Practice selection depends upon the types of livestock raised and crops grown. Based upon the type and intensity of the operation, some generalizations can be made as to the resource concerns and remedies that apply.
B. 
Some operations present relatively low risks to critical areas because of their benign nature, timing, frequency, or location. For these operations, the resource concerns and remedies are relatively easy to identify and implement. These are described in more detail as Type 1 agricultural operations subject to standardized conservation farm plans in WCC § 16.16.830 and § 16.16.840(A).
C. 
Where the potential negative impacts to critical areas are moderate or high, solutions are more difficult to formulate and implement. In those circumstances, a more rigorous planning process is required. In such cases, a formal written plan shall provide the desired environmental protection. These types of operations are described as agricultural operations requiring custom conservation farm plans in WCC § 16.16.830 and § 16.16.840(B) or (C).
D. 
Any agricultural activity that an assessment by the conservation district or a conservation district-approved third party determines has no adverse impacts to critical areas, based on number/type of animals, type of soils, productivity of the pasture, among other factors, or already-implemented best management practices, shall not be required to have a farm plan and shall be deemed to be in compliance with the provisions of CPAL and this chapter.
E. 
Agricultural activities that qualify for coverage include:
1. 
Type 1 Operations.
a. 
To qualify as a Type 1 operation, a farm shall not exceed one animal unit per one acre of grazable pasture. These operations present a low potential risk to critical area degradation including ground/surface water contamination because the animals kept generate fewer nutrients than can be used by the crops grown there.
b. 
Critical areas on Type 1 operations are protected against the potential negative impacts of agricultural activities through the implementation of an approved standard conservation farm plan prepared in accordance with WCC § 16.16.830 and § 16.16.840(A).
c. 
Those operators qualifying for a Type 1 (standard) conservation farm plan may elect to do a Type 2 (custom) conservation farm plan if they want to use "Prescribed Grazing" (NRCS Practice 528A) to manage vegetative filter strips installed alongside critical areas.
2. 
Type 2 Operations.
a. 
Type 2 operations are farms that include, but are not limited to, those that exceed one animal unit per one acre of grazable pasture; farms that have orchards, vineyards, small-fruit field or row crops; and drainage improvement districts. These operations present a potential moderate risk to critical area degradation, including ground or surface water contamination, because the nutrients applied from manure or commercial fertilizers may exceed that which can be easily used by the crops grown there without careful planning and management. The agricultural activities are also likely to be much more intense than Type 1 operations, posing greater potential risks to other critical areas.
b. 
Critical areas on Type 2 operations are protected against the potential negative impacts of agricultural activities through the implementation of an approved custom conservation farm plan prepared in accordance with WCC § 16.16.830 and § 16.16.840(B).
3. 
Type 3 Operations.
a. 
Type 3 operations include dairies and animal feeding operations/concentrated animal feeding operations (AFO/CAFOs). These operations are already regulated by state and federal governments (see Chapter 90.64 RCW et seq., 40 CFR 122.23 and 40 CFR Part 412).
b. 
Critical areas are protected against the potential negative impacts of Type 3 agricultural activities through the implementation of an approved custom conservation farm plan prepared in accordance with WCC § 16.16.830 and § 16.16.840(C).
(Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
A. 
All conservation farm plans shall include all practicable measures, including best management practices, to maintain existing critical area functions and values.
B. 
A conservation farm plan shall not recommend nor authorize:
1. 
Filling, draining, grading, or clearing activities within critical areas or buffers:
a. 
Except on ongoing agricultural land where such activities are a demonstrated essential part of the ongoing agricultural use or part of routine maintenance; and
b. 
When it does not expand the boundaries of the ongoing agricultural use; and
c. 
The appropriate permits for doing so have been obtained.
2. 
The construction of new structures. New structures shall be constructed in compliance with the applicable standard requirements of this chapter and the Whatcom County Code.
3. 
New or expanded drainage systems. Routine maintenance of existing drainage systems may be allowed, but only in compliance with the Washington State Hydraulic Code (Chapter 220-660 WAC) and the best management practices found in the "Drainage Management Guide for Whatcom County Drainage Improvement Districts."
4. 
The conversion of land to agricultural use.
C. 
Other plans prepared for compliance with state or federal regulations (e.g., nutrient management plans), or to obtain an accredited private third-party certification (e.g., GLOBALG.A.P.), or similar plans may be used as part of or in lieu of a conservation farm plan if the director determines they adequately address the requirements of this title.
(Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
A. 
Type 1 (Standard) Conservation Farm Plans. Owners of Type 1 operations have limited options to control animal waste because their operations are small. The required conservation farm plan can be prepared by the landowner and include a simple map of the property, a standard checklist designed to protect water quality, and the following additional components:
1. 
System Siting and Design. Barns, corrals, paddocks, or lots are to be sited to avoid runoff directly into critical areas.
a. 
Where structures exist in critical areas or buffers and cannot be relocated, corrective measures must be taken if necessary to avoid runoff of pollutants and bacteria to critical areas.
b. 
Along regulated streams, lakes, ponds, or wetlands (Note that ditched channels may or may not meet the definition of a stream. See Article 9, Definitions):
i. 
Where trees and shrubs already exist, they shall be retained and managed to preserve the existing functions of the buffer pursuant to the USDA Natural Resource Conservation Service's (NRCS) Conservation Practice 391, "Riparian Forest Buffer."
ii. 
Where trees and shrubs are absent, a strip or area of herbaceous vegetation shall be established and maintained between barns, corrals, paddocks, and grazing areas pursuant to the NRCS Conservation Practice 393, "Vegetative Filter Strip," and USDA's buffer width design tool for surface runoff found in the publication "Conservation Buffers Design Guidelines for Buffers, Corridors, and Greenways." Livestock shall be excluded from the vegetative filter strips established to protect critical areas pursuant to NRCS Practice 472, "Access Control."
2. 
Manure Collection, Storage, and Use. Manure and soiled bedding from stalls and paddocks are to be removed and are to be placed in a storage facility protected from rainfall so that runoff does not carry pollutants and bacteria to critical areas. Manure is to be used as cropland fertilizer. The rate and timing of manure application shall not exceed crop requirements or cause surface or groundwater water quality degradation. It is to be applied in a manner to avoid runoff of nutrients and bacteria to critical areas.
3. 
Pasture Management. Pastures are to be established and managed pursuant to "Prescribed Grazing" (NRCS Practice 528A).
4. 
Exercise or Barn Lots. These normally bare areas must be stabilized and managed to prevent erosion and sediment movement to critical areas. A diversion terrace shall be installed, where necessary, to hinder flow to and across the lot or paddock. Runoff from the lot must be treated via the vegetative filter strip or riparian buffer as described in subsection (A)(1) of this section to avoid contaminants reaching critical areas.
5. 
Existing native vegetation within critical areas and their buffers shall be retained.
6. 
Chemical additions, including fungicides, herbicides, and pesticides, shall not be applied within 50 feet of standing or flowing water except by a licensed applicator.
7. 
Fertilizers Other Than Manure. The rate and timing of fertilizer application shall not exceed crop requirements, or cause surface or groundwater quality degradation.
B. 
Type 2 (Custom) Conservation Farm Plans. In addition to the elements of a Type 1 conservation farm plan, Type 2 plans must address the following:
1. 
In developing the elements that an approved conservation farm plan must contain, the director may authorize the use of the methods, technologies, and best management practices of the Natural Resources Conservation Service. Other standards may be used when such alternatives have been developed by a land grant college or a professional engineer with expertise in the area of farm conservation planning.
2. 
Implementation of the conservation farm plan must protect existing values and functions of critical areas. Benchmark conditions are to be captured and described in the plan. This may consist of photo documentation, written reports or both.
3. 
Wetlands shall be conserved pursuant to the provisions of Title 180 – National Food Security Act Manual.
4. 
Custom conservation farm plans need not address the application, mixing, and/or loading of insecticides, fungicides, rodenticides, and pesticides; provided, that such activities are carried out in accordance with the Washington State Department of Agriculture and all other applicable regulations including, but not limited to: the provisions of Chapter 90.48 RCW, the Clean Water Act, 7 USC Section 136 et seq. (Federal Insecticide, Fungicide, and Rodenticide Act), Chapter 15.58 RCW (Pesticide Control Act), and Chapter 17.21 RCW (Pesticide Application Act).
5. 
Where potential significant impacts to critical areas are identified through a risk assessment, then plans shall be prepared to prevent and/or mitigate same by:
a. 
A planning advisor; or
b. 
Through the USDA Natural Resources Conservation Service; or
c. 
The Whatcom conservation district; or
d. 
An eligible farmer or rancher, who participates in this program by:
i. 
Attending a county-sponsored or approved workshop; and
ii. 
Conducting a risk assessment of their farm or ranch, alone or with a planning advisor's assistance; and
iii. 
Developing a plan to prevent and/or mitigate any identified risks; and
iv. 
Having the plan approved pursuant to Article 8 of this chapter.
One resource for guidance is "Tips on Land and Water Management for Small Farm and Livestock Owners in Whatcom County, Washington." It can be obtained from the Whatcom conservation district's website: http://www.whatcomcd.org/small-farm. Other guidance may also be used, provided it is consistent with the best available science criteria in WAC 365-195-900 through 365-195-925.
C. 
Type 3 (Custom) Conservation Farm Plans. Conservation farm plans meeting the criteria of state and federal laws pertaining to AFO/CAFOs (see Chapter 90.64 RCW et seq., 40 CFR 122.23 and 40 CFR Part 412) fulfill the requirements of this chapter. (See U.S. EPA "Final Guidance – Managing Manure Guidance for Concentrated Animal Feeding Operations (CAFOs)".
(Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
Conservation farm plans shall be subject to county review, approval, monitoring, adaptive management, and enforcement in accordance with the following:
A. 
The director shall review and approve all conservation farm plans.
B. 
Table 5 shows which entities may prepare and/or provide technical assistance and recommendations in preparing which type of conservation farm plan:
Table 5. Who May Prepare Conservation Farm Plans
Who May Prepare
Type 1 Operations
Type 2 and 3 Operations
The farm operator
X
Whatcom County planning and development services
X
X
A qualified consultant
X
A watershed improvement district (for a farm or ranch that is within its boundaries)
X
The Whatcom conservation district
X
X
A planning advisor
X
X
C. 
The farm operator can seek conservation farm plan approval directly through the department of planning and development services, or grant permission to any of the entities listed in Table 5 to prepare and submit it. If the conservation farm plan is prepared by any entity listed in Table 5 other than the Whatcom conservation district, the department will conduct a site visit prior to plan approval in order to assess critical areas and sufficiency of the plan to protect water quality and critical areas.
(Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
A. 
The director and/or the farm operator shall periodically monitor plan implementation and compliance beginning one year after plan approval and every two years thereafter, through the life of the plan, or more frequently at the director's discretion. The monitoring may include periodic site inspections, self-assessment by the farm operator, or other appropriate actions. For a time period of up to every five years, self-certification is allowed for Type 1 conservation farm plans, or if the plan is prepared by the Whatcom conservation district or planning advisor and approved by the department. If a sufficient self-certification monitoring report (must include photos and implemented best management practices) is not submitted within 30 days of request, county staff may make a site visit. Site visits will be coordinated with the landowner/farm operator. Prior to carrying out a site inspection, the director shall provide reasonable notice to the owner or manager of the property as to the purpose or need for the entry, receive confirmation, and afford at least two weeks in selecting a date and time for the visit. At the landowner's/farm operator's discretion, staff may be accompanied by the planning advisor or Whatcom conservation district planner.
B. 
Where the planning advisor has reason to believe that there is an imminent threat to public health or significant pollution with major consequences occurring as a result of the agricultural operations, the planning advisor will advise the agricultural operator of his or her concerns in writing. While the planning advisor may provide suggestions for resolving the issue, the responsibility for compliance and resolution of issues rests solely with the farm operator. If compliance issues are not promptly resolved, the planning advisor shall promptly withdraw from representing the farm operator, notify the director of such, and may report such situations to the director for subsequent action and enforcement in accordance with WCC § 16.16.285.
C. 
The farm practices described in an approved conservation farm plan will be deemed to be in compliance with this chapter so long as the landowner/farm operator is properly and fully implementing the practices and responding to possible adaptive management requirements according to the timeline in the plan. This will be verified through conservation farm plan implementation monitoring.
D. 
Agricultural operations shall cease to be in compliance with this article, and a new or revised conservation farm plan will be required, when the director determines that any of the following has occurred:
1. 
When a farm or ranch operator fails to properly and fully implement and maintain their conservation farm plan.
2. 
When implementation of the conservation farm plan fails to protect critical areas. If so, a new or revised conservation farm plan shall be required to protect the values and functions of critical areas at the benchmark condition.
3. 
When substantial changes in the agricultural activities of the farm or livestock operation have occurred that render the current conservation farm plan ineffective. Substantial changes that render a conservation farm plan ineffective are those that:
a. 
Degrade baseline critical area conditions for riparian and wetland areas that existed when the plan was approved; or
b. 
Result either in a direct discharge or substantial potential discharge of pollution to surface or ground water; or
c. 
The type of agricultural practices changes from Type 1 to Type 2, Type 2 to Type 3, or Type 1 to Type 3 operations.
4. 
When the increase in livestock or decrease in land base or nutrient export results in the farm being out of balance between the nutrients generated and to be used by growing crops.
5. 
When a new or revised conservation farm plan is required, and the farm operator has been so advised in writing and a reasonable amount of time has passed without significant progress being made to develop said plan. Refusal or inability to provide a new plan within a reasonable period of time shall be sufficient grounds to revoke the approved conservation farm plan and require compliance with the standard provisions of this chapter.
6. 
When an owner or manager denies the director reasonable access to the property for technical assistance, monitoring, or compliance purposes, then the director shall document such refusal of access and notify the owner of his/her findings. The owner shall be given an opportunity to respond in writing to the findings of the director, propose a prompt alternative access schedule, and to state any other issues that need to be addressed. Refusal or inability to comply with an approved conservation farm plan within a reasonable period of time shall be sufficient grounds to revoke said plan and require compliance with the standard provisions of this chapter.
E. 
With one exception, Whatcom County will not use conservation farm plans (standard or custom) as an admission by the landowner that s/he has violated this chapter. Disclosure of current farm practices, structures on conservation farm plan documents, or observations made through monitoring inspections or conservation farm plan approval, will not be used to bring other enforcement actions against a farm operator. The exception is that when matters of major life, health, environment, or safety issues, as determined by the director, are observed and the landowner fails to immediately and permanently remediate, then the observations may be used in an enforcement action.
(Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
A. 
Conservation farm plans will not be subject to public disclosure unless required by law or a court of competent jurisdiction;
B. 
Provided, that the county will collect summary information related to the general location of a farming enterprise, the nature of the farming activity, and the specific best management practices to be implemented during the conservation farm plan review process. The summary information shall be provided by the farm operator or his/her designee and shall be used to document the basis for the county's approval of the plan.
C. 
Upon request, the county may provide a sample conservation farm plan, exclusive of site- or property-specific information, to give general guidance on the development of a conservation farm plan.
(Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))