YOU Don't Know Jack! No, YOU don't know Jack!

Rand Jack or Jack Petree; who’s telling the biggest fish story?

Later this year the Washington State Growth Management Hearings Board will decide that issue but, for now, what do you think?  Jack Petree, the country bumpkin or Rand Jack whose organization, the Whatcom Land Trust, owns most of the country locally.  

Humor aside, Rand Jack of the Whatcom Land Trust took Jack Petree out behind the woodshed for a spanking last week on Dillon Honcoop’s afternoon show on KGMI radio.  Here’s the link… the attempt at a verbal whoopin’ is at about 32 minutes into the show.

It seems Jack claims Jack hasn’t read county code (the regulations determining what can happen on certain kinds of land).  Jack (Rand that is) claims Jack (Petree that is) hasn’t figured out that parks are allowed on timber land dedicated to the support of Whatcom County’s timber industry.  Rand states outright that public parks, the only use reconveyed land can be legally put to, are allowed in the zone designated Commercial Forest, the zoning applied to all, or nearly all, the land to be reconveyed.

Now Rand is a well respected, even famous, attorney in Whatcom County while Petree is a plain ol' writer with a sideline consulting on public policy issues so Rand has more gravitas while Petree is relegated to just reading the code and thinking, “What does the plain language of the law say.”

Well, here is what it says. 

The code for parks and recreation can be found at www.codepublishing.com/wa/whatcomcounty/.  Just type “recreation and open space” or “ros” into the search box then click on the link to the left.

According to the code, “051 Public parks, playgrounds, forest preserves, beach activities, wildlife reserves, and natural systems education and/or interpretative areas. (Ord. 2004-026 § 1, 2004),” are among the permitted uses for lands designated by the zoning code for Recreation and Open Space (ROS).

Now, think about that language as you read that language.  Public parks…forest preserves…wildlife reserves…natural systems education and/or interpretative areas.  They are all different things or they wouldn’t have to be listed as separate entities.  The code differentiates between public parks and those other things.

It should be remembered that reconveyance can only be allowed for a public park.  If reserves and preserves are not public parks then reconveyance cannot take place to establish a reserve or a preserve.

So now let’s go to the zoning code for Commercial Forestry.  In the search box type in CF to find that code.

The first thing you’ll see is that, “The purpose of this district is to implement the forestry designation of the Comprehensive Plan, pursuant to RCW 36.70A.170, by providing for and encouraging the long-term productivity, commercial management and sustained use of forest resources. In addition, the district provides for uses that are compatible with forestry activities, while maintaining water quality and soil productivity.”

Next, “.056 Public forest preserves, wildlife reserves, natural systems education, and/or interpretive areas,” are listed as allowed uses.  Notice that parks are not included on the list.  So, based on this piece of code, public forest preserves, wildlife reserves, natural systems education, and or interpretive areas” are not incompatible with commercial timber production.  You can see the truth of that by looking at Galbraith Mountain where bike trails crisscross currently maturing stands of timber managed for harvest and, in fact, they even cross recently harvested timber areas.

Now, go to .154 which speaks to some accessory uses allowed in the CF zone as well as some uses excluded from the zone saying, “Operation of dispersed, primitive recreational facilities including tent campgrounds, game reserves, developed trailheads with parking for more than 30 vehicles, but excluding uses such as community centers, riding academies, off-road vehicle parks, parks, marinas, camping clubs, institutional camps and recreational vehicle and travel trailer parks.”

You can look up what “excluding” means on your own.

Last, go to  20.43.200 Prohibited uses and read ".201 All other uses."

That means everything not specifically allowed is prohibited.  So are things that are specifically excluded.

Seems pretty simple and straight forward to me but then, I’m not a well respected, big time attorney so, what do I know?

Land Trust Intervenes In Reconveyance Challenge - Are They Threatening To Sue The County Or The Hearings Board If They Don't Get Their Way?

The following was released late yesterday.  Aside from the intervention is anyone else as puzzled as I am about why the Whatcom Land Trust holds conservation easements on 15 of our county park properties?  More on that later but, for now:

Press Release:  Jack Petree   360-733-1303

Subject:  Whatcom Land Trust Intervention In Petree Challenge To Growth Management Hearings Board

Title:  Whatcom Land Trust Positions Itself To Assure It Can Sue Whatcom County And/or The Growth Management Hearings Board In Superior Court Over Reconveyance

May 3rd, the Whatcom Land Trust moved to intervene in Jack Petree’s challenge of the Lake Whatcom Reconveyance before the Growth Management Hearings Board. 

According to Petree, the County’s challenger, “The land trust did not address the issues before the Board in its motion to intervene but, instead, appears to be worried about two non-legal issues.

First, the Trust complains, the County, “…may choose to settle with Petitioner on terms that substantially affect WLT, even though it (the Land Trust) is not a party.”

Second, the Land Trust worries that, “The County has no independent interest or motivation to advance or protect the property interests of any individual or organization.”’

Petree says he has offered to settle his challenge if Whatcom County will agree to suspend its reconveyance request until it has docketed and attempted, in a transparent public process, to dedesignate the land proposed for reconveyance and redesignate those lands to a zone that allows public parks.  Currently, he says, parks are excluded from the land proposed for reconveyance.

The County has rejected a transparent public process to change the zoning on the land, Petree says, but he is “…still hopeful the County Council will do the right thing and avoid the legal challenge now before the Board along with the expense and effort required by both Petree and the County when legal remedies are the only way to settle an issue.”

Second, Petree puts forward, it is interesting that the Land Trust is so worried about its own ability to control the Whatcom County Parks system.  In its request the Land Trust points out that it already controls, through the mechanism of conservation easements, 15 county park properties.  “Now the Land Trust seems to be worried it will lose the potential to control another 8,800 acres of land currently dedicated, by Washington State Law, to the preservation of Whatcom County’s timber industry,” Petree continues.  “I always thought the public should control its own parks but, apparently, the Whatcom Land Trust disagrees.”

Petree said he will oppose the Land Trust’s request for intervention because the Land Trust did not speak to the issues of the Petition for Review in its intervention request but will be surprised if the Trust is not allowed to intervene.  That could mean, Petree says, if he prevails at the Hearings Board the Land Trust could take the Hearings Board to Superior Court and possibly beyond in an attempt to overturn the decision.  Alternatively, Petree contends, if the county chooses to settle the issue with Petree the Land Trust’s intervention appears to be a thinly veiled threat to sue to stop the transparent public process necessary to rezone the land to allow for a public park. 

I thought you might like this from Wikipedia:
http://en.wikipedia.org/wiki/Conservation_easement

In the United States, a conservation easement (also called a conservation basement, conservation covenant, conservation restriction or conservation servitude) is a power invested in a qualified private land conservation organization (often called a "land trust") or government (municipal, county, state or federal) to constrain, as to a specified land area, the exercise of rights otherwise held by a landowner so as to achieve certain conservation purposes. It is an interest in real property established by agreement between a landowner and land trust or unit of government. The conservation easement "runs with the land," meaning it is applicable to both present and future owners of the land. As with other real property interests, the grant of conservation easement is recorded in the local land records; the grant becomes a part of the chain of title for the property.