Show All Answers

1. I’ve heard about the ‘Right to Plow’ and the ‘Right to Farm’; can you tell me what these terms mean?

The Right to Plow Initiative (Initiative 01-02) was approved by voters of Snohomish County in the General Election on November 7, 2001 and became effective on December 1, 2001. The initiative resulted in the language that is now codified in SCC 30.32B.230 ‘Right to farm’: “Normal agricultural activities shall not be regulated like development activities by the grading or drainage code on property where commercial agriculture is a lawful use, except when the activities include development requiring another permit.”

There are other right-to-farm type provisions regarding notice to buyers of property adjacent to farmlands, required by RCW 36.70A.060, that can be found in SCC 30.32B.210. There are other state laws on nuisances which are related, but not in our code.

2. Would remodeling a “farm kitchen” require a residential building permit or a commercial building permit?

Most Snohomish County farms are in an A-10 zone, where remodeling a farm kitchen would require a commercial building permit from PDS, (see definition of farm kitchen below, which refers to the preparation of food for distribution, sale or consumption); applications are available online. Approval from Snohomish County Health Department (SHD): PDS coordinates with the SHD by sending them a copy of the application and plans after submittal to be reviewed concurrently with PDS review. Please contact Robert Hoppa of SHD at 425-339-5250 to determine what their agency requires for submittal to PDS. A Certificate of Occupancy, subject to a yearly inspection, will be issued by PDS after the building permit has been obtained and work has been completed according to current codes. Supplemental information / definitions from Snohomish County Code: Farm kitchen: “..a room or area on a farm site used, intended to be used, or designated to be used for the cooking or preparation of food for distribution, sale, and consumption of agricultural products at least a portion of which are produced or grown on the farm site, or within Snohomish County or the Puget Sound Fresh region, provided it contains any two of the following: a kitchen-type sink, refrigerator, range, or 220 H2 outlet.[ SCC 30.91K.055 Added Amended Ordinance 04-074, July 28, 2004, Effective date Aug. 23, 2004] Food establishment: “Food establishment” means any restaurant, drinking place, grocery, food, meat and seafood market, and itinerant food handling establishments as hereinafter defined. Food establishment shall not be construed to mean those establishments or vendors which sell or deliver only packaged foods which are not removed from their original containers from the time of processing and packing in an approved plant until reaching the ultimate consumer. Foods sold or delivered by the establishments and vendors shall be kept in clean containers or cabinets so constructed as to prevent contamination by dust and insects. Foods which are perishable or which will support the growth of organisms which will produce illness or disease shall be kept at a temperature of 50 degrees Fahrenheit or less. [SCC 7.12.010 (1)]

3. Can I have a farm dwelling unit, if I am in an AG-10 zone, and is there a limit on square footage of the farm dwelling?

County Code (SCC 30.22.110) allows for farm dwelling units to be constructed on a parcel zoned AG-10. There is no limit on the square footage of a farm worker dwelling. The code also requires that

(a) At least one person residing in each farm worker dwelling unit shall be employed full-time in the farm operation.

(b) An agricultural farm worker dwelling unit affidavit must be signed and recorded with the county attesting to the need for such dwellings to continue the farm operation.

(c) The number of farm worker dwellings shall be limited to one per each 40 acres under single contiguous ownership to a maximum of six total dwellings, with 40 acres being required to construct the first accessory dwelling unit. Construction of the maximum number of dwelling units permitted shall be interpreted as exhausting all residential potential of the land until such time as the property is legally subdivided.

(d) All farm worker dwellings must be clustered on the farm within a 10-acre farmstead which includes the main dwelling. The farmstead’s boundaries shall be designated with a legal description by the property owner with the intent of allowing maximum flexibility while minimizing interference with productive farm operation. Farm worker dwellings may be located other than as provided for in this subsection only if environmental or physical constraints preclude meeting these conditions.

4. My property is within the jurisdiction of shoreline regulations. Do I need a Shoreline permit to build any type of structure on my property?

A Shoreline permit is not required if the cost of building the structure is below $5,000.00 and the development (your new structure) does not materially interfere with the normal public use of the water or shores of the state.

If your building falls in this category, it is not considered a “substantial development” therefore does NOT requiring a Shoreline permit. (SCC 30.44.110)

5. Do I need a building permit for an agriculture storage shed?

A building permit is not required if the shed is under 400 square feet and used for storage only. (SCC 30.52A.070 (1) (iv). However, if your property is located in a Flood Hazard Area, you are still required to obtain a Flood Hazard Permit and flood-proof the building. (SCC 30.65).

6. Can I have a campground / resort in an AG-10 zone?

No, a campground or resort is only allowed in the Forestry and Recreation (F&R) zone with the approval of a Conditional Use. (SCC 30.22.110)

Note: Conditional Uses are land uses that must undergo a special review and permitting process to ensure compatibility with surrounding allowable agricultural uses before they are allowed to occur. Conditional Use permit decisions are determined by the hearing examiner after a public hearing.

7. How can I get help creating a Farm Plan?

Contact Bobbi Lindemulder at the Conservation District, 425-335-5634, ext. 109.

8. Can I have a Home Occupation in the AG-10 zone?

Yes, a Home Occupation is an allowed use in the AG-10 zone, following the guidelines under SCC 30.22.110 (Rural and Resource Use Matrix), SCC 30.22.130 (11) (reference notes for use matrix) and SC 30.28.050 (general standards for home occupations). Please note if the Home Occupation will be conducted in the residence, no Certificate of Occupancy is required by PDS. (SCC 30.28.050 [1]), and if the home occupation is in a garage or accessory building, a Certificate of Occupancy is required by PDS. The review would require a Change of Use Application to be submitted to PDS. (SCC 30.28.050 [3])

If you need a Certificate of Occupancy and your property is in a Flood Hazard area, there may be additional requirements. Please contact Roxanne Justice, Agriculture Planner, at 425-388-3411, ext. 2240.