RE: Opposition to Section 14.618.230 - Rural Zones Matrix, and adding a new subsection under 14.618.230 - Uses with Specific Standards

To the Commission:

I am a beekeeper, a member of the Inland Empire Beekeepers' Association, and I am writing in opposition to the proposed rulemaking amending the Spokane County Zoning Code Section 14.618.220 - Rural Zones Matrix, and adding a new subsection under 14.618.230 - Uses with Specific Standards to require limitations on Beekeeping in the Rural Zones to be consistent with limitations on Beekeeping in Resource Lands.

Beekeeping is an activity which has been part of this region's history since its early settlement. Traditionally, rural-zoned areas of Spokane County, and other counties in the State of Washington, have allowed, and even promoted, beekeeping as a basis of rural-based agriculture. And persons who live in, or seek to live in, rural-zoned areas do so, in part, because of the freedom to enjoy opportunities and activities associated with traditional rural lifestyle.

Unfortunately, and without a proffered reason, Spokane County has moved, and is moving, in the opposite direction. By voting for, and enforcing the past amendments to the code which made it illegal to keep bees in urban-residential zones, and which limited beekeeping in natural resource zones, and through the rulemaking which is the subject of this letter, the County has promulgated egregious regulations that have, and will, directly affect residents of the County - not limited to beekeepers.

Because this rulemaking affects beekeepers, backyard horticulturist, small orchardists and farmers who rely on honeybee-based pollination, and is ultimately contrary to the State findings on Rural lands, pursuant to RCW 3670A.011 by not fostering rural-based agriculture, this proposed amendment should be denied. Additionally, because the past rulemakings, which made it illegal to keep bees on a limited basis in urban-residential is blatantly out of conformity with the municipal codes of the most populous areas of the County, that zoning code should be reconsidered and notice and hearing should be allowed regarding the Urban-residential zoning code as it pertains to beekeeping.

The proposed amendments affect beekeepers, small orchardists and farmers who rely on honeybee-based pollination, backyard horticulturist, and ultimately is contrary to the State findings on Rural lands, pursuant to RCW 3670A.011 by not fostering rural-based agriculture.

The Washington legislature specifically recognizes the importance of rural lands to this State's economy. See RCW 36.70A.011.

The legislature finds that to retain and enhance the job base in rural areas, rural counties must have flexibility to create opportunities for business development. Further, the legislature finds that rural counties must have the flexibility to retain existing businesses and allow them to expand. The legislature recognizes that not all business developments in rural counties require an urban level of services; and that many businesses in rural areas fit within the definition of rural character identified by the local planning unit.
Finally, the legislature finds that in defining its rural element under RCW 36.70A.070(5), a county should foster land use patterns and develop a local vision of rural character that will: Help preserve rural-based economies and traditional rural lifestyles; encourage the economic prosperity of rural residents; foster opportunities for small-scale, rural-based employment and self-employment; permit the operation of rural-based agricultural, commercial, recreational, and tourist businesses that are consistent with existing and planned land use patterns; be compatible with the use of the land by wildlife and for fish and wildlife habitat; foster the private stewardship of the land and preservation of open space; and enhance the rural sense of community and quality of life. Id.

Presumably, the Department of Building and Planning, when developing the Spokane County Comprehensive Plan, took this statutory guidance into consideration by including in the plan "[r]ural residents should be self-sufficient and accept a traditional lifestyle with low levels of government services." And yet, the County, or the government, through this rule making is limited the self-sufficiency of rural residents by limiting a traditional, safe, and respected activity - that of beekeeping.

While the value of beekeeping may seem anecdotal to the person or persons who proffered the past amendments and this current proposed amendment to the Zoning code, it is explicitly recognized by the State. The State of Washington recognizes beekeeping as an important activity that has a clear economic impact on the state's agricultural sector. See RCW 82.04.629, (Finding --Intent --2008 c 314). The State legislature also reports the following findings:

• " Increasing the consumption of products of the honey bee industry and promoting the use of its services and stabilizing the honey bee industry within the state and nation is a valid and necessary exercise of the power of the state to protect the public health, to provide for the economic development of the state, and to promote the welfare of the people of the state;" RCW 15.62.010(1) emphasis added.

• "Honey bee industry products produced and services provided in Washington make an important contribution to the agricultural industry of the state of Washington. The business of researching, marketing, and distributing such products and the promotion of its services is in the public interest;" RCW 15.62.010(2) emphasis added.

• "It is necessary to stabilize the Washington honey bee industry, to enlarge its markets, and increase the consumption of Washington honey bee industry products and services to assure the payment of taxes to the state and its subdivisions, to alleviate unemployment, and to provide for higher wage scales for agricultural labor and maintenance of a reasonable standard of living;" RCW 15.62.010(6).

• It is necessary to protect the public by educating it on the various benefits of honey bee industry services, the food value of its products, and their industrial and medicinal uses. RCW 15.62.010(8).

Recently, recognition of beekeeping as a valuable, sustainable, and environmentally beneficial activity, has transitioned from the country to the city as both the City of Spokane, and the City of Spokane Valley, have amended their city codes to allow beekeeping in urban areas. An example of the tangible value of, and interest in, beekeeping in Spokane County can be found annually at the Spokane Interstate Fair. As a centerpiece to the Agricultural exhibits, the booth of the Inland Empire Beekeepers is one of the most visited booths at the fair. The interest in beekeeping can also be evidenced by the 100 plus new beekeepers who are enrolled in the Basic Beekeeping course, and the education programs that are offered by local beekeepers for area children at their schools, churches and fairs. Honeybees, and their keepers are an integral component to local agriculture, to local farmers markets, and to rural lifestyle; the very facets of rural living that the State code wishes to promote.

This proposed change in the zoning code will directly impact commercial beekeepers, who, by the nature of their business do not require large expanses of land, would not be able to overwinter their hives on rural zoned property. This is of special importance since many beekeepers maintain over one thousand hives, and carry those hives to California during the early spring to pollinate almond crops. Are they to be denied a place in our County, since persons living on 5 to 10 acre, rural-zoned lots will be limited to 50 - 100 hives?

By limiting this activity on Rural-zoned land, the County's rulemaking not only impacts beekeepers, but also other farming activities including orchardists, berry farms, squash, and most other vegetable and fruit crops that are not in the grass family(Poacae or Graminea in the Class Liliopsida). These plants, unlike graminea, depend on the mechanical pollination performed by insects rather than wind-based pollination. Through this rulemaking, a small orchardists would be limited to the number of hives available to them to pollinate their crops for the small window of opportunity during the spring blossoms. Furthermore, commercial pollinators. whose bees are in large part responsible for the bounty of local produce found in Spokane during the growing season at Greenbluff and the local farmers' markets, would be unlikely to continue pollination in these areas if they are forced to work in the confines of "security fences" - a term which is undefined.

Given the recognized impact of beekeeping on State agriculture, it is short-sighted and irresponsible for the lead agency to claim that it "has determined that it does not have a probable significant adverse impact on the environment." See SEPA checklist. For one, the proposal covers the entirety of Spokane County which includes all Plants listed in the section 4.a. of SEPA checklist. As this proposal relates to insects that pollinate shrubs, pasture (clover, alfalfa, buckwheat), wet soil plants, and other plants, these species are, in fact, impacted. Additionally, to declare that Spokane County has not been used for agriculture is a blatant misstatement of fact. See section 8.b. of SEPA checklist. These proposed amendments all Rural-Zoned areas of Spokane county. A determination stating that there is no effect upon reducing an activity of recognized agricultural importance county-wide is not a simple misstatement of fact - it is against the State code.

Both the State, and the urban areas of Spokane county recognize that beekeeping is a safe, valuable, and traditional activity that should be promoted and protected by the County as part of rural lifestyle, rural community values, and as a viable rural agricultural activity. The proposed amendment to the Spokane County Zoning code would limit beekeeping in rural zoned areas beyond the minimum requirements promulgated by the City of Spokane when it passed its beekeeping ordinance. Under the City of Spokane's ordinance, which covers the most populous area of Spokane County:

• The number of colonies is limited to one colony per 4,350 square feet of lot area, up to a maximum of eight colonies regardless of lot size.

• All colonies shall be registered with the Director of the State Department of Agriculture pursuant to RCW 15.60.021 prior to April 1st of each year. To learn more about state registration go to the WASABA page or download a membership application at the State of Washington Department of Agriculture Website..

• Additionally, the beekeeper shall have completed the requirements for apprenticeship level of the Washington State Beekeeper’s Association master beekeeper certification program. Information on beekeeping classes offered by the IEBA can be found on the Association's Basic Beekeeping Class page. Information about the Apprentice Exam can be found here.

• Colonies shall be setback a minimum of 25 feet of any property line, except that a colony may be situated within 10 feet of a side if certain conditions are met.

• Colonies situated within 10 feet of a lot boundary must be isolated from public access by a security fence.

• The beekeeper must establish and maintain a flyway barrier at least 6 feet in height consisting of a solid wall, solid fencing material, dense vegetation or combination thereof that is parallel to the property line and extends ten feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least 6 feet above ground level over the property lines in the vicinity of the colony.

Under the proposed zoning amendment, a county beekeeper would have the same restrictions of hive density as an urban resident, and additionally will be required to keep hives 50 feet from the property line and to enclose the bees in a security fence, without any allowances to even create a "bee flyway". When compared with the municipal code of the City of Spokane Valley, the proposed zoning amendment is draconian. The City of Spokane Valley municipal code provides an even broader use for beekeeping - allowing up to 25 hives on a residential lot. See Chapter 19.40.150 of District Purpose and Supplemental User Regulations for Residential Zones in Spokane Valley. It is anomalous and indefensible that an agricultural activity like beekeeping is permitted in the most urban areas of the county, but not in certain parts of the county itself, and that in many circumstances it is more onerous to keep bees in the country than in the city. Because the proposed amendments have the potential to adversely affect all types county residents, because the amendment is in conflict with the state goal of fostering rural-based agriculture, and because the declared SEPA checklist inaccurately states the impact of the proposed zoning amendment, the amendment should be denied.

The past rulemaking, which made it illegal to keep bees on a limited basis in urban-residential zoned areas is blatantly out of conformity and compliance with the municipal codes of the most populous areas of the County, and should be reconsidered by the Commission and the County.

“The Comprehensive Plan of each county or city that is adopted...shall be coordinated with, and consistent with, the Comprehensive Plans adopted pursuant to RCW 36.70A.040 of other counties or cities with which the county or city has, in part, common borders or related regional issues.” RCW 36.70A.100, Spokane County Comprehensive Plan A-1. The Spokane County Comprehensive plan goes on to state that this applies to surrounding Counties, and to the City of Spokane, and declares that the "County will work with many of these jurisdictions to develop land use plans and interlocal agreements for managing development in the joint planning areas. Id at A-2. Additionally, the Spokane County Comprehensive Plan states that the city's plans provide a greater level of detail for their particular urban growth areas than that found in the Spokane County Comprehensive Plan. Id. The County's zoning which does not permit beekeeping is in direct conflict with the City Code, with the County's own policies and goals, and should be repealed, and rewritten.

The County, under the proposed zoning amendment, and in enforcing the past amendments which made beekeeping unpermitted in Urban-residential zones, is acting contrary to the Growth Management Act planning goals, in particular the respect for private property rights, the conservation of natural resources, the protection and enhancement of the environment, and the lack of citizen participation in developing these amendments. Additionally, the past amendments which made beekeeping unpermitted in Urban-residential zones, is contrary to the County policy of "joint County and City planning within Urban Growth Areas. See Spokane County Comprehensive Plan, I-4.

For these reasons, and pursuant to the Spokane County Comprehensive Plan, the citizen requests that are brought forth at the Hearing, and this notice of incompatibility between the urban areas of Spokane County, the Planning Director should initiate an amendment, or amendments, to repeal the changes to the Zoning code making it unpermitted to keep bees in Urban-residential zones. I recommend that the Department of Planning work with the Inland Empire Beekeepers' Association, members of which drafted and passed the code for the City of Spokane, to coordinate and draft a comprehensive beekeeping code for Spokane County that addresses all of the issues put forth above, and the concerns of the Planning commission.