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There's storm clouds brewing over the Okanogan and before the lightning strikes, I'd like to clear up a few things. There's been a lot of talk about the Okanogan County Comprehensive Plan (Comp Plan) following my comments on March 30th that were critical of the Plan. At the time, the Comp Plan itself stated that "Adoption is anticipated by April 30th, and time was short. I was disappointed that the County Commissioners chose to immediately attack me personally following my comments, although I understand that when one assumes ownership of an indefensible document that it is easier to attack the messenger, it's just not too productive. In the following months I have chosen not to respond publically. Instead, I will direct my comments to the words in the Plan, because "words mean something!"
I spent the weekend before my March 30th comments in Olympia, reading the 700 plus page document. As I pondered the words in the Plan, the words that mean something, I was struck by the words, phrases and concepts that closely, and in some cases exactly, matched bill language that had been proposed and rejected in Olympia. In other words, many of the concepts in the Okanogan Comp Plan had been judged too extreme for Olympia! Other concepts clearly violated the State or US Constitution, recent court cases, personal property rights, civil rights, exceed current state law and impose a new regulatory climate that in some cases exceeds that of King County, all in the name of the "public good." I have seen identical words in similar local planning documents from around the nation. My point is that the Comp Plan is full of concepts that have little support from the people of Okanogan County and were written by people from outside the County. Let me share just a few of the concepts and you be the judge.
In the first draft the Plan states "Outdoor lighting fixtures and accent lighting shall not directly illuminate public waterways such as Puget Sound..." I don't believe those words were written in Okanogan County. The first draft also states that when building a new home "Exterior colors should be selected from among a color palette approved by the Land Use Officer." I am concerned that aside from imposing on an individuals' basic right of choice of the color of their own house, doesn't this create a huge unfunded mandate? Either the shorthanded Sheriffs' office will have to do the enforcement or, do we create a new bureaucracy to include "color police?" Other sections include more words that mean something "Snowmobiles, other motorized vehicles and domestic livestock will be excluded from streams, except for transitory crossings, to prevent pollution." These words lead to buffers on private property and the end of grazing in most areas. Even more troubling are the numerous references in the Comp Plan to providing and enhancing wildlife corridors. Many of you made trips to Olympia to protest the recent Yukon to Yellowstone (Y2Y) wildlife corridor proposal that would turn all of Northeastern Washington into a huge wildlife corridor for wolves and grizzlies. Legal expert Fred Kelly Grant of Stewards of the Range stated that "Counties with Comp Plans like this aren't allowing wildlife corridors, they are inviting them." Folks, the Y2Y proposal will be coming back to Olympia, do you really want to invite them to Okanogan County?
I realize some will say "this is a draft, we can change it." Back to words mean something, and these are bad words. Anyone familiar with this tactic knows it's much better to never use bad words in the first place, it's virtually impossible to remove them all.
On the plus side, thanks to the hard work of the Planning Commission, many of the worst provisions have been removed from the latest version. Unfortunately, some of them have reappeared in the Zoning Code or other underlying documents in more subtle language. I support the Planning Commissions' decision to pass this on to the County Commissioners, lacking the use of a skilled land use attorney with strong Constitutional knowledge, they have gone as far as they can, and farther than we can expect from volunteers. There are still problems that beg to be addressed.
One particular concern is that nearly all the private land in the County is slated to be designated as "lands of long term commercial significance." This designation means that nearly all agricultural and forestry and other lands will face a new layer of regulation should you decide to do something else with your land. In other words, if your ranch, farm, tree farm or other land use becomes unprofitable and you want to change even part of your operation you will face new regulatory hurdles, public comment, and those decisions may or may not be made on a local level, and possibly by litigation and a state-wide Growth Management Hearings Board. Let me paint the potential picture here for you. We can debate numbers, but let's just say that if grazing is the only permitted use for your land the value is probably around $500 per acre. If your land has development potential the value is around $3,000 per acre. If this new zoning results in compromising your development potential, and I believe it could, with the stroke of a pen you have lost $2,500 per acre. Let's take the next step, if this happens, according to local bankers, your chance for an operating loan or financing just diminished because your collateral diminished greatly. In essence, a de facto conservation easement has been placed on your property, you just didn't get paid for it.
I will never understand why an Okanogan Comp Plan would be written that expands regulation and bureaucracy when in most cases, it doesn't have to. Why not base it on a minimalist approach like the recent plan in Stevens County that respects the Constitution and folks individual rights and their right to control their own property? The Comp Plan and the underlying documents are lengthy and complex, but I urge folks to read them and remember, words mean something. This is about your future, and it's about your land.
State Representative Joel Kretz - 7th Legislative District
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