Applications for classification as "open space" and "timberland" pursuant to RCW
84.34.020(1) or
(3) shall be made to the Board of County Commissioners of Cowlitz County. Application made for classification of any land pursuant to RCW
84.34.020(1)(b) or
(3) which is an area subject to the County Comprehensive Plan shall be acted upon in the same manner in which an amendment to the Comprehensive Plan is processed. Applications made for classification of land which is in an area not subject to the Comprehensive Plan shall be acted upon after public hearing and after notice of hearing shall have been given by one publication in a newspaper of general circulation in the area at least 10 days before the hearing; provided, that applications for classification of land in an incorporated area shall be acted upon by a determining authority composed of the members of the Board of County Commissioners and three members of the city legislative body in which the land is located.
In determining whether an application made for classification under RCW
84.34.020(1)(b) or
(3) should be approved or disapproved, the determining authority may take cognizance of the benefits to the general welfare of preserving the current use of the property which is the subject of the application, and may consider whether or not preservation of current use of the land will (1) conserve or enhance natural or scenic resources, (2) protect streams or water supplies, (3) promote conservation of soils, wetlands, beaches or tidal marshes, (4) enhance the value of abutting or neighboring parks, forests, wildlife preserves, natural reservations, sanctuaries, or other open spaces, (5) enhance recreation opportunities, (6) preserve historic sites, (7) affect any other factors relevant to weighing benefits to the general welfare of preserving the current use of the property against the potential loss in revenue which may result from granting the application; provided, that the determining authority may approve the application with respect to only part of the land which is the subject of the application; provided further, that if any part of the application is denied, the applicant may withdraw the entire application; and provided further, that the determining authority in approving in part or in whole an application for land classified pursuant to RCW
84.34.020(1) or
(3) may also require that certain conditions be met, including but not limited to the granting of easements; and provided further, that the granting or denial of the application for current use classification is a legislative determination and shall be reviewable only for arbitrary and capricious actions.
(Res. 3206 § 2, 8-14-1973)