Clallam County planning commission forwards revised open-space ordinance after debate over eligibility, public access and tax rules

The Clallam County Planning Commission voted to send an amended draft ordinance updating the county's open-space tax exemption program to the Board of County Commissioners, following extended staff presentation and commissioner discussion about eligibility criteria, administration and public-access requirements.

The proposed ordinance would tighten eligibility for the program, add an audit procedure, clarify administration under the director of community development and include rules for public access on enrolled parcels, staff said. The commission voted on the motion to send the draft as amended in a roll-call vote that recorded a majority of "yes" responses from commissioners present.

The draft would set a 4-acre minimum for eligibility in many rural cases and keep conservation easements as an automatic qualifier, staff said. Under the draft, the program's public-benefit rating table remains structured so the maximum property tax reduction is 40 percent, while parcels encumbered by a conservation easement can receive a reduction of about 90 percent under existing practice. Staff described the changes as intended to target program benefits to properties that provide demonstrable public benefit rather than benefits accruing from other existing regulatory protections such as critical-area or shoreline rules.

"Properties found to no longer qualify will not be imposed additional taxes, interests, and or penalties if they request to withdraw from the program following the guidelines mailed to them by the assessor's office," staff said, describing new language intended to give landowners time and notice to respond after a written determination of ineligibility.

Commissioners asked for clarifications on multiple items: whether current enrollees would be re-evaluated; how the assessor's procedures for transfers and conveyances interact with the program; whether small parcels could reasonably obtain conservation easements; and how public-access commitments would be managed.

On current-enrollee status, staff said that properties that remain eligible would not need to sign new documents and that conservation easements already in place would continue to qualify "the same as they did" under the older code. The commission discussed an assessor practice the presenter described as state-law driven: when a property is removed from the program a landowner must request withdrawal to avoid back taxes, rather than the county unilaterally imposing a removal.

Commissioners pressed staff about public-access rules for parcels receiving a tax reduction. Under the draft, an applicant proposing public access must submit proposed rules of conduct and a management plan with the application and post an on-site sign identifying allowed uses, access points and owner contact information. Staff said the minimum sign size was expected to be about 6 square feet with letters no smaller than 2 inches.

Commissioners also questioned whether small parcels (about 1'2 acres) could realistically obtain conservation-easement partners, and staff acknowledged that some local easement holders prioritize larger tracts. One commissioner said the proposed 4-acre minimum could reduce the number of enrolled parcels and that the goal of the revision was to ensure tangible public benefit from any tax subsidy.

After discussion the commission voted to forward the ordinance as amended to the Board of County Commissioners for its consideration and any further action.

Notes and next steps: staff said a full property audit would occur once the board and assessor complete their processes; final ordinance language and assessor procedures remain subject to state law; and the Board of County Commissioners must review and adopt any changes before they take effect.