08/21/2007: "No Net Loss Of Farm Land Proposed To CC"

The County Council has been asked to take the first steps toward adopting a policy, and enforcement regulations, that would insure there will be no further loss of “farm land” in San Juan County.

In 2006 the ARC (San Juan County Agricultural Resources Committee) adopted a resolution that called for a "No Net Loss" policy, and have now asked the County Council to adopt the resolution as their own, or one that has the same goals; which would include an oversight role for ARC.

While he Council has expressed a strong interest in the general protection of the rural character of the county, and specifically to help agricultural uses of the land, they had some serious concerns about the practicality and legality of goal numbers three through five of the ARC resolution, which states that:

3) that no Agricultural Resource Land should be redesignated unless effective, equivalent mitigation—that assures no net loss in total Agricultural Resource Land—is required as a condition of any such redesignation;

4) that specific, acceptable mitigation strategies and options should be defined and specified in the San Juan County Code; and

5) that the Agricultural Resources Committee may oppose any redesignation that is not fully consistent with the content of this resolution.

Community Development & Planning Director (CD&PD) Ron Hendrickson informed the Council that he had sent the request to the Prosecuting Attorney for review, and was told by Prosecutor Randy Gaylord that the proposal was a land use issue, and should be sent to the PC (Planning Commission) for their review and recommendations.

While Hendrickson did not make it clear if he had sent it on to the PC, it was clear the majority of the Councilmen (Councilman Bob Myhr was absent) were less than enthusiastic about addressing the request; although Councilman Kevin Ranker said that since they were being asked to adopt a resolution, as opposed to an Ordnance, it was something they could do that would show their support, without committing them to the regulations and enforcement of an ordinance.

Councilman Gene Knapp, a former SJC Prosecutor, seemed uneasy with the proposal, and at first disagreed with Ranker, than said he had questions if it would even be legal for the County to do what was requested, Councilman Howard Rosenfeld expressed an opinion that “this would be tough to do.”

Councilman Alan Lichter said the adoption of the resolution would “highlight the issue” and “would allow the Council to discuss it and work toward an ordinance” that would have the force of law.

With that the matter was dropped; at least for the time being.