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King County Eases Rules in Rural and Agricultural Areas to Encourage Wineries and Breweries

By Elaine L. Spencer
February 4, 2004

The Growth Management Act ("GMA"), adopted in 1990, required all counties in Washington to designate and preserve agricultural lands of long-term commercial significance. "Protection" meant that counties were not permitted to allow uses that were inconsistent with preserving the productivity of the soil itself. Uses that would require "urban" services, such as a sewer, could not be allowed.

Counties that are required to or chose to be bound by all the provisions of the Growth Management Act were also required to designate "urban growth areas" ("UGAs") and insure that any development in the rural area outside of their UGAs was not "urban" in character.

Search for flexibility
Those provisions have been the source of much dispute in many counties of Washington. They have in many cases led to significant restrictions on the use of land, differing from what landowners were accustomed to. In several counties elected officials have sought to severely limit the amount of land that was designated as agricultural land with long-term commercial significance. Often those elected officials were keenly aware of the economic challenges that farmers face, and wanted to provide farmers with more flexibility than the GMA allows once land is designated as land as having long-term agricultural significance. Many of those efforts to permit greater flexibility have been overturned by the Growth Management Hearings Boards, which have been set up to review county action under the GMA.

A model solution?
In October of 2003, King County adopted a modification of its zoning code, intended to encourage the development of wineries within its rural and agricultural lands. King County's ordinance may be a model for other parts of the state seeking to enhance the winery industry by allowing greater direct marketing by small or family-owned wineries. King County's ordinance was motivated by a recognition that small wineries may be one of the few growth opportunities in rural and agricultural areas of King County, and that to be viable, they needed to be able to attract customers to the winery itself.

The particulars
Within "rural" areas, the new zoning allows wineries and accessory uses up to eight thousand square feet, plus up to eight thousand square feet of underground storage. Wineries must comply with Washington Department of Ecology and county regulations for water usage and wastewater disposal. Clearing on the site is limited to 35%. Where a winery's structure exceeds six thousand square feet, there is a ten-acre minimum lot size and at least two and a half acres of the site must be used for growing agricultural products.

Within "agricultural" areas, a winery cannot exceed three thousand five hundred square feet, including underground storage unless located in existing agricultural structures, such as barns. Expansion of existing agricultural structures used for wineries is limited to three thousand five hundred square feet. Sixty percent of the grapes or other agricultural products used to produce the wine must be grown in King County.

Making use of it
As the winery business expands in other parts of Washington, the King County initiative shows that flexibility is possible under the GMA. Because any amendment to county zoning to create flexibility may be challenged before the Growth Management Hearings Boards or in court, it is important that a record be made before the elected officials, demonstrating the need for the amendment, and why it will further the long-term economic viability of agriculture.

The lawyers of Graham & Dunn have experience helping shape agricultural zoning and defending flexible zoning against appeals. They also have experience with water rights issues, and the full range of legal challenges facing the growing wine industry.

Graham & Dunn can assist wineries and vineyards in all manner of land use and real estate matters, including:

 

For more information, contact Elaine L. Spencer (206.340.9638 or espencer@grahamdunn.com ), Robert C. Cumbow (206.340.9619 or rcumbow@grahamdunn.com) or Irvin W. Sandman (206.340.9641 or isandman@grahamdunn.com).

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