Washington State adopted the right-to-farm bill in 2005 (ESB5962) to ensure that existing agricultural activities, consistent with good agricultural practices, are presumed to be reasonable and therefore do not constitute nuisances. Surrounding activities that support and sustain agricultural operations may conflict with agricultural practices; therefore, Chelan County has determined it necessary to develop a policy guideline to review nonagricultural activities and establish recommended mitigation measures.
Chelan County represents a large agricultural industry within Washington State. Established farms have been faced with economic and environmental challenges resulting in the conversion of land. While some land owners have opted to remove agricultural activities and subdivide land, others have chosen to develop agricultural support commercial activities, such as, wineries, theme markets, petting zoos with farm animals, agricultural education activities, and “you-pick” farms.
Challenges between typical agricultural activities and commercial support activities and the visitors they attract can occur. To address these challenges Chelan County has spent several years reviewing, discussing and revising agriculture regulations. It was determined that those within the agricultural industry represent a knowledge of what impacts and possible mitigation measures will best address a proposed land use. Therefore, Chelan County as appointed an agricultural review committee (ARC) to review related land use applications and make a recommendation to the decision-making body (Section 10.30.020).
The ARC would consist of seven people: one member of the planning commission and two members from each commissioner district—one from the agricultural/orchard industry and one from the value added industry. Meetings would be organized and managed by Chelan County planning staff. The primary goal of the ARC would be to review proposed development, identify potential affects on surrounding agriculture (impacts), and make recommendations for mitigation of impacts. The following questions are meant to guide the ARC through the project review, the potential impacts, and drafting of recommended mitigation measures.
(Res. 2008-141 (part), 10/7/08)
Chelan County staff shall contact members of the ARC to establish a meeting time and distribute application materials. Applicants or applicant agents shall be included in all meetings. Meetings shall be held at Chelan County offices. It is the duty of the applicant to address how they can mitigate impacts on the right to farm, farm activities, and surrounding neighbors. The ARC will provide a dialogue and understanding of the potential issues and possible mitigation.
(Res. 2008-141 (part), 10/7/08)
(1) 
What are the surrounding land uses?
(2) 
How are the existing roads? What is the road classification?
(3) 
What is the topography? Are there any known critical areas? Existing landscaping?
(4) 
From which direction does the wind blow during the spray season?
(5) 
What is the proposal?
(Res. 2008-141 (part), 10/7/08)
(1) 
Noise. Does the proposal include the amplification of music or voice?
If so, what are the times of amplification?
(A) 
Mitigation Options.
(i) 
Times of amplification;
(ii) 
Location and/or direction of amplification;
(iii) 
Times of operation;
(iv) 
Buffer or berms.
(2) 
Farm Activities (Spray, Harvest, Watering, Other Site/Product Activities). Is the proposed location within a potential spray buffer?
If so, what is the potential spray drift area boundary?
(A) 
Mitigation Options.
(i) 
Landscaping or other buffers;
(ii) 
Moving the proposed activity;
(iii) 
Buffer or berms.
(3) 
Traffic. Will the proposal increase the amount of traffic?
If so, will traffic result in limiting agricultural activities?
(A) 
Mitigation Options.
(i) 
Road widening or improvement;
(ii) 
Shuttling visitors to site;
(iii) 
Times of operation;
(iv) 
Access road location;
(v) 
Circulation pattern.
(4) 
Parking. Does the proposal include a parking lot?
If so, is it outside the spray drift area? Is it large enough to accommodate the proposed activities? Is it located outside of the setback?
(A) 
Mitigation Options.
(i) 
Review of the application after one, three and five years of operation or at the time of a revised application for adequate parking.
(5) 
Light. Does the proposal include outdoor lighting?
If so, what is the location, light intensity and times of operation?
(A) 
Mitigation Options.
(i) 
Types of lighting;
(ii) 
Location of lighting;
(iii) 
Times of use.
(6) 
Odor. Does the proposal include activities that could result in offensive odor?
If so, what are these activities? Can they be conducted within a structure?
(A) 
Mitigation Options.
(i) 
Location of activities within a ventilated structure.
(7) 
Existing Land Uses. Does the proposal represent a negative impact on the existing land use activities?
If so, what are those activities?
(A) 
Mitigation Options.
(i) 
Times of operation;
(ii) 
Location of structures;
(iii) 
Access road location;
(iv) 
Circulation pattern;
(v) 
Size of events/structures/activities.
(Res. 2008-141 (part), 10/7/08)