Farmers give thumbs-down to Inslee’s buffer bill

Published 8:45 am Thursday, January 20, 2022

OLYMPIA — A House committee Wednesday opened hearings on Gov. Jay Inslee’s mandatory riparian buffers bill, giving farmers a chance to speak on a sweeping proposal they had no chance to shape.

Tribal leaders praised the legislation, which grew from a pact between tribes and Inslee. Farmers and their representatives, however, said the buffers would be a land grab.

The bill would not apply to land with buildings or roads, but it would apply to farmland. Washington Farm Bureau President Rosella Mosby said it ignores the conservation benefits of farms, such as providing winter habitat.

“The stewards of the land were obviously not consulted in this, which is quite frankly shameful,” she said.

House Bill 1838 would require landowners to plant trees along waterways crossing their property. The exact width of buffers would be determined by the Department of Fish and Wildlife and tribes.

As a guide, according to the bill, the buffers would be as wide as an area’s 200-year-old trees — up to 250 feet in some places. Landowners who don’t plant trees could be fined $10,000 a day.

Inslee has made mandatory buffers the centerpiece of his salmon recovery plan. Buffers cool and shade water, stabilize banks and drop wood to slow currents, according to Fish and Wildlife.

Under the bill, Fish and Wildlife would map “riparian management zones” on private property. Tribal lands would not be on the maps, unless a tribe agreed.

Inslee’s natural resources adviser, J.T. Austin, told the House Agriculture and Natural Resources Committee that the governor agreed with tribes that voluntary conservation wasn’t enough.

Swinomish Indian Tribal Community vice chairman Jeremy Wilbur said millions of trees need to be planted.

“The act is necessary because the status quo is failing our salmon, failing our killer whales, failing all Washingtonians, who enjoy fishing here in Puget Sound,” he said. 

The bill pledges to help pay to plant trees, but property owners would have to pay up to 30%. The bill offers limited compensation, but not equal to taking farmland out of production forever.

Farm representatives said mandatory buffers would end the Voluntary Stewardship Program, a conservation effort created under Inslee’s predecessor, Chris Gregoire.

Buffers would be particularly expansive in Western Washington, farmers said. The region has many creeks and rivers, and tall trees — the basis for buffer widths.

Washington State Dairy Federation policy director Jay Gordon said his farm in Grays Harbor has 93 acres of riparian habitat. Under Inslee’s proposal, trees would cover the rest of his land, he said.

“This bill flat out removes my right to farm 480 acres of my land,” Gordon said.

“No farmers were contacted by the governor’s office until this legislation was released last week,” he said.

“It’s horrible to see the division between tribal leaders, who I respect, and the farm community, who’s worked with them,” Gordon said.

“This bill is bad leadership,” he said. “We will meet anywhere, anytime with anybody to help on salmon recovery.”

Yakima County Commissioner LaDon Linde said that Inslee also didn’t consult local governments before rolling out the proposal, even though cities and counties would be expected to help enforce buffers.

The proposal threatens farms, the food supply and tax bases, Linde said. “I would prefer that we look at (salmon recovery) options that don’t damage cities, counties and property owners,” he said.

The House committee took video testimony on the bill for nearly two hours. Because many more people want to speak, committee Chairman Mike Chapman, D-Port Angeles, said he will resume the hearing Friday.

No hearing has been set in the Senate on the proposal.

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