SPF Agrees to Suspend Wetland Mitigation Bank Appeal; Signs Historic Settlement Agreement to Secure $1.45 Million for Skagit County Farmland Development Rights and Prohibit Future Wetland Mitigation Banks on Skagit Farmland

The Board of Directors of Skagitonians to Preserve Farmland (SPF) has approved a historic and precedent-setting agreement that calls for the mitigation of farmland slated for conversion to a wetland mitigation bank. The approval came at the SPF Board meeting on March 11, 2009 after almost six weeks of negotiations with Clear Valley, LLC, the proponent of the wetland bank to be constructed on approximately 396 acres of farmland in the Nookachamps basin.The settlement over time provides payments up to $1,450,200 to Skagit County’s Farmland Legacy Program to fund the purchase of development rights on agricultural lands to offset Clear Valley’s conversion of farmland to a wetland mitigation bank. The settlement also calls for the permanent protection of 220 acres of farmland that Clear Valley still owns; and the permanent prohibition of any future wetland mitigation banks on prime agricultural lands within Skagit County. On January 27, 2009, SPF filed a Notice of Appeal with the Skagit County Board of County Commissioners (BOCC) to appeal the Skagit County Hearing Examiner’s decision that favored converting 396 acres of farmland into a private commercial wetland mitigation bank.The hearing examiner’s decision was made on January 23, 2009, after nine days of hearings spread over 10 months. Since filing its Notice of Appeal, SPF agreed to meet with Clear Valley in the interest of finding a solution to a prolonged litigation battle that, in the end, would not have served the best interests of Skagit Valley and its farming community. “While the best short term outcome would have been to halt the project, the long-term costs and impacts would have been too great,” said Bob Hart, SPF Board President. There was the likelihood that the farmland now owned by Clear Valley would be sold off as residential building lots if the wetland mitigation bank was not constructed. In addition, SPF and other agricultural groups would be forced to appeal and litigate each future wetland mitigation bank proposal. “The focus on long-term policy guided the SPF Board in its deliberations and negotiations on the settlement agreement,” said Hart: “We chose to focus on what would be in the best interests of Skagit Valley agriculture over the next 10, 50 and 100 years. “SPF could have continued to pursue stopping the current project from being built, but we would have failed to address the long-term issue and impact of placing commercial wetland mitigation banks on farmland.”The settlement establishes a precedent for the long-term preservation of farmland in Skagit Valley, rather than a short-term victory over a single land use action. The current loss of farmland is mitigated so that additional farmland may be protected. In addition the proposed amendment to Skagit County’s zoning code assures the Skagit agricultural community of a change that prohibits wetland mitigation banks from being built on agricultural lands in the future, all of which supports SPF’s long-term strategic goal to permanently protect our Valley’s remaining critical mass of farmland. The terms of the settlement agreement stipulate that SPF’s appeal to the BOCC will be stayed for a period of 60 days to allow time for the BOCC to consider and adopt a permanent ordinance that deletes private wetland mitigation banks as an allowed use on lands zoned as agriculture. Prior to the signing of the settlement agreement the BOCC adopted a 6-month moratorium for wetland mitigation banks on farmland, demonstrating their commitment to the protection of Skagit Valley’s critical mass of agricultural lands. If the BOCC adopts the Permanent Ordinance deleting wetland mitigation banks as an allowed use on Ag-NRL zoned lands the following actions will take place: 1. Clear Valley will make payments to the Skagit County Farmland Legacy Program that will over time provide approximately $1,450,200 to fund the purchase of development rights on agricultural lands to offset the conversion of farmland within Clear Valley’s project site; and 2. Clear Valley will place agricultural conservation easements on the remaining 220-acres of farmland that they own; and 3. SPF will withdraw its Notice of Appeal to the BOCC. If the BOCC does not adopt a permanent ordinance prohibiting wetland mitigation banking on agricultural zoned lands, the settlement agreement will be voided and SPF will resume its appeal to the to the BOCC. Moving forward, SPF pledges to continue working for the successful adoption of a county and statewide “no-net loss” policy for agricultural lands. “The erosion of farmland must end if we want to preserve for those who will follow us a productive agri-ecosystem that grows delicious, safe, secure food and provides critical habitat from more intensive urban use,” said Hart. “The agricultural heritage and quality of life that we enjoy today in the Skagit Valley are a testimony to the hard work of many and SPF is committed to preserving both.” A Fact Sheet on the Wetland Mitigation Bank Settlement Agreement is available under "Publications / Documents."