This announcement provides an update to the information shared on July 7, 2023 regarding applying to the Washington Wildlife and Recreation Program, Farmland Preservation Account, grants in 2024. RCO has solidified its timeline for applications, and this has allowed us to determine our schedule as well. In this announcement, you will find a schedule of the application process and the potential next steps. Submitting an application takes significant leg work and often requires multiple conversations with landowners prior to deciding whether to apply.
Background:
SCC implements the Office of Farmland Preservation (OFP) and those activities identified in the OFP statute, RCW 89.10. SCC has identified agricultural conservation easements as an important tool to assist in farmland protection and advancing conservation with willing landowners. RCW 64.04.130 authorizes SCC to acquire and hold an interest in land for farmland conservation purposes.
SCC works with conservation districts to identify and, where appropriate, seek funding to purchase agricultural conservation easements. Agricultural conservation easements prevent conversion of agricultural land into non-agricultural uses through a restriction of certain real property rights, including the right to subdivide and develop.
SCC is an eligible applicant to the Recreation and Conservation Office (RCO), Washington Wildlife and Recreation Program (WWRP) Farmland category, RCW 79A.15. Conservation districts are not eligible applicants.
Eligible lands for the easement program must be devoted primarily to the production of livestock or agricultural commodities for commercial purposes. If SCC applies for and receives funds to acquire an easement through WWRP, it assumes legal liability as the primary holder of the real property right.
SCC’s three priorities for consideration of an agricultural conservation easement are:
- The parcel proposed for preservation is expected to continue to be used for and is large enough to sustain commercial agricultural production.
- The land is also in an area that possesses the necessary market, infrastructure, agricultural support services, and the surrounding parcel sizes and land uses that will support long-term commercial agricultural production.
- Without preservation, the land proposed for protection is likely to be converted to nonagricultural use in the foreseeable future.
Commitment:
The conservation easement funding and acquisition process is time-intensive. It requires all parties — SCC, conservation district, and landowner(s) to be committed to the project. The conservation district must have a dedicated staff contact responsible for the project. The WWRP grant reimburses for eligible expenses and some staff time if awarded funding. However, the conservation district will be required to cover the staff time not covered by the grant. The grant does not cover time spent developing an application.
How to Apply for Sponsorship:
Review the information on the WWRP Farmland webpage and Manual 10f while paying particular attention to the evaluation criteria on page 37.
If you have a potential project, you are strongly encouraged to reach out early to OFP Farmland Preservation Specialist Paul D'Agnolo via email at pd'agnolo@scc.wa.gov or by phone at 564-669-0972, to discuss the project’s viability and the required process.
OFP will send out a solicitation for sponsorship applications in late 2023 or early 2024.
Project Selection for SCC Sponsorship:
The OFP Specialist will review sponsorship materials for completeness and for grant eligibility.
The SCC Conservation Easement Sub-Committee (Sub-Committee) consists of:
- Executive Director or designee of SCC;
- Executive Director or designee of the Washington Association of Land Trusts;
- Executive Director or designee of the Washington Association of Conservation Districts;
- Pacific Northwest Director or designee of the American Farmland Trust;
- Two conservation district supervisors or managers from interested districts, one from east of cascades and one from west of cascades.
The sub-committee will assist in reviewing applications based on ranking developed by SCC staff with input from the sub-committee and provide a referral to SCC on whether to proceed.
Selected projects will be presented for authorization for sponsorship at the March 21, 2024, SCC business meeting.
WWRP Application Process:
WWRP is a competitive grant. The Farmland Preservation Advisory Committee ranks projects against established criteria. See the WWRP Farmland webpage for information on the application process.
- OFP will announce that we are accepting applications for ag easement sponsorship: December 15, 2023.
- OFP will hold a webinar (link not available yet) to help districts understand how they can produce a competitive application: January 8, 2024.
- Applicant webinar hosted by RCO (link not yet available), Applications Open: February 14, 2024.
- Application deadline for CDs to apply to SCC for sponsorship: February 16, 2024.
- Agricultural Conservation Easement Sub-Committee convenes to make recommendations to SCC Commissioners on sponsorship: Week of February 26, 2024.
- OFP will pursue approval of applications at the commission meeting: March 21, 2024.
- OFP submits applications in PRISM to WWRP: April 12, 2024.
- RCO's Farmland Advisory Committee Technical Review: May 13 - June 5, 2024.
- RCO's Technical completion deadline. Applicant's opportunity to update or improve applications in PRISM based on committee feedback: July 11, 2024.
- RCO's Farmland Preservation Advisory Committee project ranking: July 22 - August 13, 2024.
- RCO board approves preliminary ranked list: October 31, 2024.
- Legislative session 2024/2025 determines budget.
- Contracts for successful applications: Summer 2025.
Appendix
Roles and Responsibilities if Funded:
If your project is selected for sponsorship and if it is selected for funding through WWRP, SCC, and the district will work together on the required due diligence to complete the project.
SCC will:
- Upon project funding, negotiate with the conservation district roles and responsibilities related to the effective implementation of the project;
- Ensure compliance with acquisition procedures;
- Seek Conservation Commission Commissioner approval to enter Purchase and Sale agreement and move to closing;
- Review the preliminary title report and submit it to RCO;
- Provide RCO with draft legal documents for review;
- Request direct to escrow payment from RCO;
- Provide escrow instructions to escrow company for payment and recording;
- Obtain title insurance policy;
- Provide RCO a copy of the final title insurance policy;
- Submit baseline documentation to RCO;
- Submit stewardship plan to RCO, if required or needed;
- Facilitate Commission Executive Director signature on easement deed and submittal to escrow;
- Complete the final report in PRISM; and
- Maintain project records.
SCC and the conservation district will:
- Consult and abide by requirements found in RCO Manual 3 Acquisition Projects and Manual 10f Farmland Preservation Category;
- Draft a conservation easement supported by the SCC, conservation district, RCO, and the landowner;
- Work with the landowner to clear any unpermitted exceptions in the title report;
- Review the Appraisal Report;
- Review the Review Appraisal Report;
- Review Baseline Documentation;
- Review Stewardship Plan, if required or needed; and
- Review Environmental Audit, if required or needed.
Conservation district will:
- Prior to incurring expenses for incidentals specified in the budget, contractor will contact OFP staff and receive pre-approval for expenses;
- Solicit Appraisal Report from third-party vendor per RCO guidance;
- Solicit Appraisal Review Report from third-party vendor following RCO guidance;
- Prepare Baseline Documentation per SCC guidance;
- Prepare Stewardship Plan, if needed per RCO requirement;
- Solicit survey from a third-party vendor, if required or needed;
- Solicit environmental audit from a third-party vendor, if required or needed; and
- Work with the landowner to solicit boundary-line adjustment and procure third-party vendors, if required or needed.
Roles and Responsibilities after Easement Closing:
It is also important to note that the conservation easement project is never truly “done.” The conservation easement runs with the land and the restrictions do not expire. SCC has a perpetual obligation to monitor and enforce the easement. Based on available funding, SCC will contract with the conservation district to conduct annual monitoring and ongoing landowner correspondence.