HomeMy WebLinkAbout06.12.20 Paula Daneluk - Williamson Act background and status
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR | PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecounty.net/dds
www.buttegeneralplan.net
ADMINISTRATION * BUILDING * PLANNING
November 23, 2010
Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965
Subject: SB 863 - Potential Amendment of Butte County’s Williamson Act Program
Request
In response to substantially reduced subvention payments and thus increased impacts
to local government budgets under the Williamson Act, the State has adopted new
legislation allowing local jurisdictions to amend their Williamson Act programs. SB 863
allows counties to modify Williamson Act contracts in order to restore a portion of the
property tax revenues foregone under the Act. The Department of Development
Services has worked with the Agricultural Commissioner, Assessor’s Office, Auditor,
Chief Administrator’s Office, and County Counsel to prepare the following report and
recommendation.
Staff and the Land Conservation (Williamson) Act Committee recommend that the Board
of Supervisors adopt the resolution (AttachmentA) implementing an amended
Williamson Act program in 2011 under SB 863. Should the Board direct implementation
of these changes, staff seeks further direction regarding whether the $0.30 per-parcel
processing fee necessary to add this item to future tax bills should be charged to the
affected property owners or paid out of the General Fund.
Background
The State of California passed the Williamson Act in 1965 to promote the general
welfare and protect the public interest in agricultural land. The Act enables local
governments to enter into enforceable contracts with private landowners for the purpose
of restricting specific parcels of land to agricultural or open space use. In return,
landowners receive property tax assessments which are substantially lower because
they are based upon agricultural and open space use as opposed to full market value.
Over 1,400 parcels comprising more than 218,000 acres in Butte County are enrolled in
the Williamson Act.
BUTTE COUNTY BOARD OF SUPERVISORS
November 23,2010
Potential Amendment of Butte County’s Williamson Act Program
Page 1 of 4
1
Under the Open Space Subvention Act, the State has historically provided subvention
payments to local governments to offset the property tax revenues foregone under the
Williamson Act. Between 2000 and 2009 these payments were sufficient to offset the
foregone property tax revenues. However, during the 2009-10 and 2010-11 fiscal years
subvention payments dropped substantially, causing a cumulative loss to the General
Fund of over $939,000. The availability and/or amount of future State subvention
payments is unknown.
SB 863
SB 863 (p. 39) was enacted in October 2010, replacing AB 2530 in amending the
Williamson Act and allowing local jurisdictions to restore a portion of the foregone
property tax revenues in the absence of adequate State subvention payments. Counties
may choose to participate during any year in which the previous year’s subvention
payment constituted less than one-half of the foregone property tax revenues. Butte
County is eligible to implement the program in 2011. Should the Board of Supervisors
choose to implement an amended Williamson Act program under SB 863, Williamson
Act contract holders would be required to give up 10% of their property tax relief.
Because SB 863 returns all such restored dollars solely to the County, the 10%
reduction in tax relief would reimburse the General Fund for approximately 40% of the
foregone property tax revenues. Absent State subvention payments, the remaining 60%
of the foregone revenues would continue to come out of the General Fund. Several
classes of Williamson Act contracts, including contracts that have been non-renewed, as
well as open-space easements, are exempt. SB 863 sunsets in 2015.
For the 2011-12 fiscal year, staff estimates that implementation of the program would
restore approximately $232,202 of the foregone property tax revenues, with the
remaining $348,304 continuing to come out of the General Fund. Continuation of the
Williamson Act without amendment would draw more than $580,000 from the General
Fund, unless subvention payment is provided by the State (Table 1).
Table 1. Effect of Implementation on the General Fund (est.)
Restored
Reduction in
TaxState
Assessed Foregone Impact to
Fiscal Year Revenues Subvention
Property RevenuesGeneral Fund
Under SB Offset
Value*
863
2011-2012
$232,202,445 $580,506 $232,202 $348,304 unknown
SB 863
Implemented
2011-2012
$232,202,445 $580,506 $0$580,506 unknown
Not
Implemented
*Estimate based on FY 2010-2011 valuations.
BUTTE COUNTY BOARD OF SUPERVISORS
November 23,2010
Potential Amendment of Butte County’s Williamson Act Program
Page 2 of 4
2
Effects on Williamson Act Landowners
Tax benefits to Williamson Act landowners would be reduced approximately 10% under
SB 863. Generalized effects on property tax relief for various types of parcels are shown
in Table 2. Effects vary by type of use, parcel size, and the required valuation method
under the Revenue and Taxation Code. Variables influencing valuations for specific
parcels include local commodity production and pricing, orchard age, and structural
improvements on the parcel.
Table 2. Effect of Implementation on Williamson Act Landowners
CurrentLandowner Tax
Parcel Size
Landowner Tax Benefit Under SB
Type of Use Additional Fee
(acres)
Benefit863
146$1,910 $1,719 $191
Rice
(general example)(49%)(44%)($1.30/ac)
200$773 $696 $77
Range
(general example)(71%)(64%)($.40/ac)
70$3,902 $3,512 $390
Orchard (prunes)
(general example)(36%)(33%)($5.60/ac)
Attachment C estimates the effects of amending the Williamson Act program on each
potentially affected Butte County Williamson Act parcel, based on 2010-2011 property
valuations. Additional charges under SB 863 are shown in the sixth column. Property
valuations, tax assessments, and tax benefits will change next year due to change in the
factors identified above.
If the Board chooses to implement SB 863, property owners will see an extra fee on their
property tax bill, shown as a separate line item. The cost of adding this information to the
tax bill is $0.30 per parcel, or approximately $420 for all affected parcels. Staff seeks the
Board’s direction regarding whether this cost should be included as a $0.30 processing
fee added to each affected tax bill, or should be paid out of the General Fund.
Implementation Procedures
To implement SB 863 in 2011, in addition to today’s noticed public hearing the Board of
Supervisors would need to adopt the attached implementing resolution and notify
affected contract holders, allowing them up to 90 days to opt out of the program by
serving notice of non-renewal of their contracts. Because the 2011 property tax
assessments are finalized in June, a 90-day non-renewal period ending March 1, 2011
would allow adequate time to incorporate revised property valuations under SB 863 into
2011 property tax assessments. The March 1 deadline for notices of non-renewal is
therefore recommended by staff. Alternately, a shorter 60-day notice period ending
February 1, 2011 could be implemented by the Board.
BUTTE COUNTY BOARD OF SUPERVISORS
November 23,2010
Potential Amendment of Butte County’s Williamson Act Program
Page 3 of 4
3
Resolution No. _______
A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS
IMPLEMENTING AN AMENDED WILLIAMSON ACT PROGRAM FOR 2011
UNDER SB 863
WHEREAS, the State passed the California Land Conservation
(Williamson) Act in 1965 to promote the general welfare and protect the public
interest in agricultural land; and
WHEREAS, the Williamson Act enables local governments to enter into
enforceable contracts with private landowners for the purpose of restricting
specific parcels of land to agricultural or open space use; and
WHEREAS, in return, landowners receive property tax assessments which
are substantially lower because they are based upon agricultural and open space
use as opposed to full market value; and
WHEREAS, under the Open Space Subvention Act, the State has
provided subvention payments to local governments to offset the property tax
revenues foregone under the Williamson Act; and
WHEREAS, until 2008, Butte County received adequate annual
subvention payments to offset the foregone property revenues; and
WHEREAS, during the last two years State subvention payments have
been substantially less than needed to offset the foregone property tax revenues;
and
WHEREAS, SB 863 allows local jurisdictions to amend their Williamson
Act program in any year in which subvention payments during the previous fiscal
year were less than one-half of the foregone property tax revenues; and
WHEREAS, amendment of the County’s Williamson Act program under
SB 863 requires a reduction in the term of affected Williamson Act contracts from
ten years to nine years, for the duration of the period during which SB 863 is
implemented; and
WHEREAS, the decrease in affected contract terms under SB 863 would
restore to the County a substantial portion of the property taxes foregone under
the Williamson Act because property taxes would be increased commensurate
with the reduction in the term of the contracts; and
5
ATTACHMENT A
WHEREAS, implementation of an amended Williamson Act program
under SB 863 shall be suspended for any subsequent year in which subvention
payments for the previous fiscal year exceed one-half of the foregone general
fund property tax revenue.
NOW THEREFORE, BE IT RESOLVED that the Butte County Board of
Supervisors:
1. Finds that State payments for fiscal year 2010-2011 under the Open
Space Subvention Act are less than one-half of Butte County’s actual
foregone general fund property tax revenue;
2. Implements the provisions of SB 863 effective January 1, 2011;
3. Adopts amended Butte County Administrative Procedures and Uniform
Rules for Implementing the California Land Conservation (Williamson) Act,
as shown in Exhibit A,in order to implement SB 863; and
4. Establishes the deadline to opt out of the amended Williamson Act
contracts by submitting a notice of non-renewal as March 1, 2011.
rd
DULY PASSED AND ADOPTED this 23 Day of November 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Bill Connelly, Chair
Board of Supervisors
ATTEST:
Paul Hahn, Chief Administrative Officer and
Clerk of the Board
_____________________________
Deputy
6
ATTACHMENT A
E X H I B I T “A” O F R E S O L U T I O N ____
OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
Butte County Administrative Procedures and Uniform Rules for
Implementing the California Land Conservation (Williamson) Act
January 23, 2007
Policy, Procedures and Rules Declaration
(Rule 5.A.5.d REV. March 30, 2010, Reso. 10-052)
(SB 863 Revisions adopted Nov. 23, 2010; effective January 1, 2011. Reso. ______)
Butte County’s objective in implementing the California Land Conservation Act of 1965
(also referred to in these rules and procedures as the Williamson Act) Chapter 7,
commencing with Section 51200, of Part 1, of Division 1, of Title 5, of the California
Government Code is the promotion of agricultural productivity and the preservation of
agricultural land and open space lands by discouraging premature and unnecessary
conversion to urban uses.
The County’s Resolution to implement the Williamson Act provides a common set of
rules and procedures that apply to the standards and categories of property eligibility,
the permitted and compatible land uses and restrictions on Williamson Act contract
lands, procedures for creation and termination of Williamson Act contracts, and
procedures for compliance monitoring and enforcement.
A Williamson Act contract is an agreement entered into voluntarily and with full
knowledge of the benefits and requirements of the Williamson Act, by and between the
property owner and the County, to restrict the use of the land for agricultural, open space
and compatible uses for a minimum term of ten (10) years, in return for a reduction in
property taxes on the land.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
7
-052 Page 1
Reso. 10
RULE 1 GENERAL PROVISIONS
A.Short Chapter Citation. These rules and procedures shall be known
and may be cited as the “Butte County Williamson Act Uniform Rules and
Procedures”. In these rules and procedures the terms Land Conservation
Act and Williamson Act are used interchangeably.
B.General Rules for Interpretation. Terms used in these rules and
procedures shall be as defined in Section 51201 of the California
Government Code, or other applicable codes as referenced herein.
Words in the present tense shall include the future; the singular shall
include the plural; the word “shall” is mandatory and not directory.
Whenever reference is made to any portion of these rules and procedures
or any other ordinance, resolution or law, the reference shall apply to all
amendments and additions now or hereafter made.
C.Regulations. Regulations set forth in this document and the provisions
of the California Land Conservation Act of 1965 as set forth in the
Government Code, must be complied with. In the case of inconsistency
the more restrictive of the two shall apply. The rules and procedures
described and detailed in this document are also referred to herein as
“regulations”.
D. Designation of the Lead Department. The Butte County Department of
Development Services, Planning Division shall be the lead County
department for all Williamson Act program management, inclusion
applications, Williamson Act contract non-renewals, and contract
cancellations.
RULE 2 REGULATION OF USES
A.General. Use of land under a Williamson Act contract shall be in
accordance with State Williamson Act regulations, and these policies,
rules and procedures. The determination of consistency of a use with the
Williamson Act does not in itself entitle the landowner to that use. The
proposed use is also subject to all County, State, and federal laws and
regulations. Where there is a conflict between these rules and procedures
and other governmental laws and regulations the more restrictive shall
prevail.
B.Determination of Compatibility of Uses with the Williamson Act.
A use may be allowed on Williamson Act contracted land when the Board
of Supervisors determines the use to be compatible with the Williamson
Act, per the three principles of compatibility in Section 51238.1(a), and
consistent with these rules and procedures. A determination of
compatibility may be made in one of the following ways:
1. At the request of the Director of the Department of Development
Services, the LCA Committee will convene and assess the
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
8
-052 Page 2
Reso. 10
compatibility of a proposed use. The Committee shall make a
determination of compatibility or non-compatibility for the proposed
use with the Williamson Act. For conditional uses, the Committee
may recommend conditions or mitigations that would be required to
make the use compatible with the Williamson Act. Compatibility
determinations of the LCA Committee shall be reported to the Board
of Supervisors as recommendations.
2. A determination of compatibility may be made in one of the following
ways:
a. On a case-by-case basis, the Director of the Department of
Development Services or her/his designee shall review all
requests for an initial determination of compatibility of a use
with the Williamson Act and these rules and procedures. The
Director’s initial determination shall be reported to the LCA
Committee by informational memorandum and agendized for
review. The LCA Committee shall review the Director’s
determination and make a recommendation to the Board of
Supervisors.
b. In cases where the Director of Development Services
determines that a compatibility finding is not clear, the Director
shall refer the case directly to the LCA Committee. The
Committee may make a determination of compatibility or non-
compatibility for the proposed application in the form of a
recommendation to the Board of Supervisors.
3. While the LCA Committee makes determinations of compatibility of
uses with the Williamson Act, consideration of land use entitlement
applications, including but not limited to use permits and mining
permits, are the responsibility of the Butte County Planning
Commission. In such cases, the Planning Commission approval is
“conditional”, pending a Board of Supervisors determination of the
compatibility of the use with the Williamson Act per Section 51238.1.
In the case of use compatibility determinations related to a land use
entitlement application, the Board’s determination is reported to the
Planning Commission by informational memorandum.
RULE 3 QUALIFYING USES ON WILLIAMSON ACT LAND
A.Uses that Qualify as Primary Agricultural Uses. Per Section 51238.1
the Board of Supervisors has determined that the following uses are
compatible with the Williamson Act. The determination that the uses
listed below are compatible with the Williamson Act does not in itself
entitle the landowner to these uses. The uses listed below are also
subject to all County, State, and federal laws and regulations. The more
restrictive regulation, whether Williamson Act or other government code
shall apply. Except as otherwise provided in these rules and procedures,
the following uses qualify as compatible uses on land for inclusion in the
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
9
-052 Page 3
Reso. 10
Williamson Act. The LCA Committee shall, on a case by case basis as
necessary, consider and make a recommendation to the Board
concerning whether a proposed use is consistent with uses including but
not limited to the following compatible uses:
1. General farming, ranching, horticulture, commercial
livestock production (including hog ranches, dairies, dairy
and beef cattle feedlots), commercial poultry production,
and similar activities (except as limited by Rule 3.C.
below).
2. Livestock pastures and grazing.
3. Aquaculture facilities.
4. Operation of apiaries.
5. Cultivation of tree, vine, row and field crops.
6. Growing of ornamental and agricultural nursery stock.
7. Greenhouse structures.
8. Growing of Christmas trees.
9. Prime agricultural lands fallow for not more than three
years out of five.
10. Processing, packing, selling and/or shipping of agricultural
products per Butte County Zoning Code Section 24-9- (b)
(3).
11. Customary agricultural buildings, structures, and
necessary equipment for the maintenance and support of
the uses listed above.
12. One single-family residence or modular home for persons
working in direct support of agricultural production on the
Williamson Act contracted land. One such residence is
allowed on each legally-created parcel within the
contracted lands that conforms to minimum acreage
standards in TABLE ONE of Rule 5.
13. Agricultural Employee Housing facilities (including
manufactured homes) to accommodate only agricultural
employees and their families. This agricultural worker
housing is allowed in the Butte County “Agricultural” zoning
districts only pursuant to zoning code Section 24-90 (a) (5).
14. The drilling for hydrocarbon, including the installation and
use of such equipment, structures, and facilities as are
necessary per Section 51238, so long as these activities
do not interrupt or impair the primary agricultural use or
secondary approved compatible use on the land.
15. Water storage reservoirs and irrigation areas which are
required for the direct support of the agricultural operations
on Williamson Act contracted land. Private recreational
lakes arenot compatible uses on Williamson Act land.
B.Accessory Uses to Primary Agricultural Uses. Per Section 51238.1
the Board of Supervisors has determined that the following are
compatible accessory uses, as long as they are incidental, related,
appropriate, and clearly subordinate to the primary agricultural use (as
provided in Rule 3 A) which do not significantly alter or inhibit the primary
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
10
-052 Page 4
Reso. 10
use on the land. The accessory uses listed below must also be in
conformance with all County, State, and federal laws and regulations
and may require a use permit. Except as otherwise provided in these
rules and procedures, the following accessory uses qualify as compatible
uses on land for inclusion in Williamson Act. The Director of
Development Services or the LCA Committee (per procedures in Rule 2
B) shall, on a case by case basis as necessary, consider and make a
determination whethera proposed use is consistent with uses including
but not limited to the following compatible uses:
1. Those uses normally associated with a single-family residence
use and are in conjunction with or incidental to the residential use,
including but not limited to a garage, workshop, shed, garden,
private swimming pool, private tennis court, gazebo, spa, etc, and
as amended by zoning code.
2. Warehousing and storage of agricultural products.
3. Accessory buildings and uses pertinent to the commercial
agricultural uses, including facilities to process only the agricultural
commodities.
4. A stand or a display for the sale of agricultural commodities
produced on the premises including the incidental sale of
agricultural products produced off-site.
5. Private airport or aircraft landing facilities which are directly
supportive of the agricultural operations on the Williamson Act
contracted land (example: crop seeding, dusting and fertilizing).
6. Recreational uses not requiring any permanent improvements or
facilities and not interfering materially with agricultural operations.
This includes seasonal hunting and fishing uses with no
permanent facilities, provided that any recreational vehicles and
travel trailers shall be used for occupancy during non-cropping
seasons only.
7. The processing and sale of firewood from orchard operations.
8. Public utility transmission and delivery lines per Section 51238.
9. Animal rendering plants and agricultural waste composting
facilities.
10. Game bird production.
11. Specialized Animal Facilities: are defined as confinement care or
keeping establishments for agricultural and other animals
including but not limited to: husbandry of fur-bearing animal
species; riding academies, accessory equestrian facilities and
large scale horse raising, and kennels. Riding academies,
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
11
-052 Page 5
Reso. 10
accessory equestrian facilities and kennels require a use permit
per Butte County Code Section 24-90(c) and/or the determination
of the Director of the Department of Development Services.
Specialized Animal Facilities may not predominate, preclude, or
negatively impact primary qualifying agricultural uses on
Williamson Act-contracted land. When a use permit is required,
the LCA Committee shall make a recommendation to the Board of
Supervisors concerning whether the proposed use is compatible
with the primary use, pursuant to Section 51238.1 and Rule 5.D.
The difference between grazing/pasture and feedlot operations is
defined as follows:
1.Animal Feedlot: a lot or building or combination of lots and
buildings intended for the confined feeding, breeding, raising, or
holding of animals and specifically designed as a confinement
area in which manure may accumulate, or where the
concentration of animals is such that a vegetative cover cannot be
maintained within the enclosure. Open lots used for the feeding
and rearing of poultry (poultry ranges) shall be considered animal
feedlots.
2.Grazing/Pasture: areas where grass or other growing plants are
used for grazing and where the concentration of animals is such
that a vegetative cover is maintained during the growing season
except in the immediate vicinity of temporary supplemental
feeding or watering devices. Those areas of supplemental feeding
or watering devices within a pasture do not constitute a feedlot.
C.Conditionally-Permitted Uses on Williamson Act Land. All such uses
must comply with Section 51238.1. Some uses listed in this rule (Rule 3)
are uses that, without conditions or mitigations would not be in
compliance with the Butte County Zoning Code or with Section
51238.1(a). Section 51238.1 (c) details the four findings that must be
made before a conditional use permit may be granted for such uses.
Uses Allowed Only by Use Permit: Although the following uses may be
found to be consistent with the Williamson Act, Butte County Code also
requires that the Planning Commission approve a use permit for these
uses. For each proposed use an application for a use permit shall be
reviewed and verified by the Development Services Department. The
Development Services Department will coordinate with the LCA
Committee Chairperson to schedule a meeting of the LCA Committee for
review. The LCA Committee shall consider the compatibility of the
application with the Williamson Act, consistency with these rules and
procedures, and shall make a recommendation to the Board of
Supervisors concerning compatibility with the Williamson Act. The Board
of Supervisors determines if a conditionally permitted use is compatible
with the Williamson Act, per the three principles of compatibility in Section
51238.1(a).In such cases, the Planning Commission approval is
“conditional”, pending a Board of Supervisors determination of the
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
12
-052 Page 6
Reso. 10
compatibility of the use with the Williamson Act per Section 51238.1. By
informational memorandum, the Development Services Director informs
the Planning Commission of the Board of Supervisors determination.
1.Public and quasi-public uses (Butte County Code Section 24-90
(c) 1), including wireless telecommunication facilities, structures and
buildings that conform to Sections 51238 and 51291.
2.Veterinary hospitals and/or clinics.
3. Use of Williamson Act land for seasonal hunting, hunting clubs,
and wildlife observation facilities that do not interrupt or impair the
primary agricultural use or approved accessory use on the land
(Butte County Code Section 24-90 (c) 4). Physical structures in
support of the uses allowed by this rule may be permitted where the
LCA Committee determines that said structures do not interrupt or
impair the primary agricultural use or approved accessory use on
the land.
4.Surface miningmineral extraction, quarries, and all other
mines(not including asphalt and concrete batch plants). Mining is
defined as any use requiring a mining permit as defined under
Chapter 13 of the Butte County Code. For any mining use, the
Board of Supervisors (on an individual case basis) must determine if
it is possible to make the required statutory findings of compatibility
under either Section 51238.1 or 51238.2. The mining proponent
must provide all necessary documentation and analysis as may be
required by the Department of Development Services in supporting
such findings for LCA Committee, Planning Commission, and Board
of Supervisors consideration. All mining must demonstrate
compliance with the Surface Mining and Reclamation Act by a
mining use permit and reclamation plan approved by the Butte
County Planning Commission.
Mining is a compatible use with the Williamson Act under limited
circumstances. In most cases, for the application to be complete,
the Williamson Act contract must be terminated by nonrenewal or
cancellation (Rule 6) prior to commencing a mining project. The
Board may approve the following when the corresponding
Williamson Act findings can be made:
on adjacent, non-Williamson Act
a. Phasing of a mining project
contracted land while the nonrenewal process runs its course.
b. Williamson Act contract rescission (Section 51256) a
landowner may enter an agreement with the local government
to rescind the contract on the land proposed for mining and
simultaneously place other land in the same county, of equal
or greater size and value, in a permanent agricultural
conservation easement. Such contract rescissions require
the approval of the Director of the Department of Conservation
per Section 51256.1.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
13
-052 Page 7
Reso. 10
c. Determination of mining as a compatible use meeting Section
51238.1(a) criteria for prime land or Section 51238.1(c) for
non-prime land. The use of mineral resources shall comply
with Section 51238.2. The Board must find the following:
That the activity will not significantly impair the
Williamson Act contractual commitment to preserve
prime land or non-prime land for open space use.
That the Williamson Act contracted land must be
returned according to the SMARA reclamation standards
for its previous prime or non-prime condition. Any
reclamation of contracted land to “open space” use must
meet the definition in Section 51201(o) per Rule 4 below.
D.Other Uses Approved by the Board of Supervisors. The following
uses may be approved by the Board of Supervisors as compatible uses
consistent with Section 51238.1 if the use does not significantly impair the
primary agricultural use which qualifies the land for Williamson Act
contract.
1. The following open space uses may be approved by the Board of
Supervisors, after consideration by the LCA Committee:
a. Wildlife & biotic habitat area per Section 51201(j).
b. Managed wetlands area per Section 51201(l).
b. Recreational uses per Section 51201(n).
c. Scenic highways corridor (per Section 51201(i).
2. Any other use which the Board of Supervisors, after consideration
by the LCA Committee, determines to be substantially similar in
nature to any of the uses listed above and which enhance other
qualifying uses with no significant impact on the agricultural or
open space characteristics of the subject or adjacent agricultural
land, and are otherwise in compliance with the principles of
compatibility as set forth in Section 51238.1.
RULE 4 QUALIFYING OPEN SPACE USES ON WILLIAMSON ACT LAND
The Board of Supervisors may approve the following “open space” uses for
inclusion in a Williamson Act contract by the procedure described in Rule 5.
C. below:
A.General Qualifying Criteria for Open Space Use. General categories of
qualified “open space” uses on Williamson Act land per Section 51205
include: managed wetlands, wildlife habitat area, recreational use, and land in
a scenic highway corridor.
B.Required Open Space Use Findings. To qualify as an allowed open space
use, the Board of Supervisors must make the finding that the applicant’s land
is used for the preservation of important open space land for: wildlife habitat,
managed wetlands, scenic highway corridors, or recreational uses.
C.Review and Approval of Open Space Uses Applications:
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
14
-052 Page 8
Reso. 10
The LCA Committee shall consider and make a recommendation to the
Board concerning the consistency of any application with these rules and
procedures. This assessment and the recommendations of the LCA
Committee shall be submitted to the Board of Supervisors by the
Development Services Department. The Board of Supervisors may approve
Williamson Act contracts established for open space purposes, when the land
is used for the purposes specified in Section 51205.
D.Conversion to Open Space Use: The conversion from Agricultural use to an
open space use requires execution of a new or amended contract. If the
landowner is unwilling to enter into a new or amended contract, the Board of
Supervisors may non-renew any contract for lands which have been
converted to an open space use.
E. Procedure Regarding Existing Conservation Easements:
As instances of existing habitat conservation easements on Williamson Act
land come to the attention of the County, the County will consult with the
California Department of Fish and Game (CF&G) in determining if the land in
question could be determined to meet the following Williamson Act (Section
51201(j)) definition of a “wildlife habitat area”:
A "wildlife habitat area" is a land or water area designated by a board
or council, after consulting with and considering the recommendation
of the Department of Fish and Game, as an area of great importance
for the protection or enhancement of the wildlife resources of the
state.
If the Board of Supervisors finds that the land meets this definition, they may
approve a new or amended Williamson Act contract with the landowner to
reflect the change in use on the property to bring the contract into
conformance with the regulations of the Williamson Act and the current uses
on the land. Land shall be considered for inclusion as wildlife habitat only
after a wildlife habitat area resource management plan (per Rule 5.B.1.e) has
been approved by the Board of Supervisors. In many cases, the conservation
easement documents recorded with the grantee conservation easement
holder (e.g. CF&G, NRCS, USDA, Fish & Wildlife, etc) may contain adequate
detail to serve as the required resource management plan to be recorded
with the contract amendment.
RULE 5 WILLIAMSON ACT (Land Conservation Act) CONTRACTS
A.General Provisions.
1.Agricultural Preserves. In 1967, the Butte County Board of Supervisors
established ten agricultural preserve areas that cover the County. Land
that meets the criteria detailed in these policies, procedures and rules
may be eligible for Williamson Act contracts.
2.Zoning and General Plan Land Use Designations. Parcels for inclusion
must be consistent with applicable General Plan and zoning designations.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
15
-052 Page 9
Reso. 10
Table ONE of this rule sets minimum incoming acres per contract and
minimum parcel size.
3.Primary Uses. Only those parcels that are primarily used for agricultural
production, wildlife habitat area (51201(j) and 51206) or open space use
(51201 (o)) as respectively established in Rule 4 of these rules and
procedures are eligible for inclusion in a Williamson Act contract.
4.Qualifications for Williamson Act Contract. To qualify for a Williamson
Act contract, land shall be in an agricultural preserve, and be comprised
of a single parcel of land, or two or more contiguous parcels, when such
parcels are under the same ownership or are owned by immediate family
members and are managed as a single unit.
a.Minimum Parcel Size. The minimum parcel size required for inclusion
in a Williamson Act contract shall be that set forth in Table One of this
rule when the parcel can sustain an agricultural use. All parcels
smaller than the contract minimum size shall be legally combined or
merged to comply with TABLE ONE of Rule 5, concurrently with
approval of the contract.
b.Parcels in Different Ownership. In considering a contract for parcels
under different ownership, the LCA Committee may recommend, and
the Board require that a management plan and agreement satisfactory
to the Committee be recorded between the owners to ensure
sustainable agricultural management of all land under contract for the
duration of the contract.
c.Combining Parcels. When parcels are combined under the same
contract, each individual parcel must comply with the minimum
acreage requirement, by type of use, as set forth in Table One of this
rule. Each parcel must also currently be utilized for or proposed to be
utilized for agricultural or open space uses as provided in these rules
and the California Land Conservation Act.
d.Incompatible Uses. The application process for inclusion in the
Williamson Act requires the applicant to disclose all existing and
proposed uses and structures on the land proposed for inclusion.
Land occupied by incompatible uses or incompatible structures must
be separately described for non-inclusion. The LCA Committee may
recommend, and the Board may determine that the impacts of
incompatible uses or structures render additional portions of the
proposed land inappropriate for inclusion in the Williamson Act.
e.Application Process. All applications must be submitted to the
Department of Development Services on or before September 15 of
each year to be eligible for a Williamson Act contract to become
effective during the following year. Applications shall be submitted
upon the forms to be supplied by the Planning Division of the
Department of Development Services and must be deemed to be
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
16
-052 Page 10
Reso. 10
complete, prior to October 1, in order to be eligible for actual
consideration by the LCA Committee and the Board.
f.Easement Exchange. Substitution for a portion of contract lands may
occur pursuant to Section 51256 and 51257.
g.Adding Lands to a Williamson Act Contract. Land may be added to
an existing Land Conservation Agreement. Any parcel added must
meet the minimum acreage requirements in Table One of this rule or
be legally combined with an existing parcel within the agreement per
the Subdivision Map Act and local regulations.
h.Lands Bordering Cities and in Special Planning Areas. When
considering inclusion of lands within urban spheres of influence, lands
within specific plan areas and lands within special planning areas, the
LCA Committee and the Board of Supervisors shall consider whether
such lands are subject to specific plans, special plans and/or joint
planning memorandums of understanding and similar policies.
5.Minimum Parcel Size and Acreage for Williamson Act Contracts. The
required minimum acreage for each application is based on the type of
agricultural activity and shall be as follows:
TABLE ONE:
Minimum Incoming
Type of Activity Acres per Contract
and Minimum
Parcel Size
Orchards (vineyards, kiwi, fruit, nut 20
and similar crops)
Field Crops (irrigated row-crops, 80
small grains, and similar crops)
Irrigated Pasture or Irrigated Rice 80
Production
Open Space Uses 80
Dry Land Grazing 160
a.Parcels must also meet or exceed minimum lot sizes
established by the applicable base Butte County zoning district.
Minimum parcel size applies to incoming Williamson Act
contract parcels, parcels eligible for home building permit, and
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
17
-052 Page 11
Reso. 10
parcels eligible for sale or transfer. When possible, land owners
may merge adjacent parcels to attain the minimum acreage
required in Table ONE. When the minimum parcel acreage in
TABLE ONE of this rule is greater than that set forth in the text
of the property’s original Williamson Act inclusion contract, the
less restrictive (smaller) minimum parcel size shall apply.
b.The acreage limitations in TABLE ONE above shall apply to the
use of the subject lands on the date of signing the Land
Conservation Agreement. After the signing of the Land
Conservation Agreement, the type of crop or agricultural use
may be changed at the sole discretion of the landowner.
However, at a minimum the use must remain consistent with the
level of agricultural activity on which contract approval was
based. Any changes in use are subject to the qualifying
compatible uses described in Rule 3 herein.
c.Land shall be permitted to be divided into parcels that do not
meet the minimum parcel sizes provided in these rules and
procedures only when such division is for the purpose of
transferring ownership from one immediate family member to
another in accordance with Section 51230.1 and Rule 7. D.
Subsequent sale of such parcels to nonfamily members is
contrary to Williamson Act policy and to these rules.
d. No residential buildings shall be erected on parcels that fail to meet
the standards for minimum acreage specified in TABLE ONE of Rule
5. An exception for agricultural labor housing shall comply with the
provisions of the Government Code Section 51230.2. An exception is
also made in the case of a transfer of land to an immediate family
member pursuant to Government Code Section 51230.1. For such a
transfer, the minimum parcel size shall be as specified in Section
51230.1(a) and the Butte County zoning code. For such transfers
Section 51230.1(a) requires a 10-acre minimum parcel size in the
case of prime agricultural land or 40-acre minimum parcel size in the
case of non-prime agricultural land (REV. March 30, 2010, Reso. 10-
052).
e.All parcels smaller than the Williamson Act contract minimum
size shall be legally merged to comply with Table One above,
concurrently with approval of a contract for inclusion into the
Williamson Act.
f.Two percent (2%) deviations from the specified Williamson Act
contract acreage minimum in TABLE ONE above may be
allowed subject to review by the LCA Committee and approval
by the Board of Supervisors.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
18
-052 Page 12
Reso. 10
6.Terms of Williamson Act Contracts.
a. The Williamson Act contract shall be binding upon, and inure to
the benefit of, all successors in interest of the property owner in
accordance with Section 51243.
b. The Williamson Act contract shall be for an initial term of ten
years.On the anniversary date of the contract, a year shall be
added automatically to the initial termThetenyear term shall
automatically renew on January 1 of each year, unless a notice of
non-renewal is submitted per Rule 6.A. and B.
For the years 2011 through 2014, the Board of Supervisors may
authorize a reduced term of contract under Government Code
Section 51244(b)(1). The imposition of the reduced term of
contract will reduce the term of each applicable contract to nine
years. In exchange for the reduced term of contract, contract
holders will be assessed an additional 10 percent as set forth in
Government Code Section 51244(b)(3). All other rules and
contract provisions shall remain unchanged. In authorizing the
reduction, the Board shall give the required notice to contract
holders and will apply the provisions set forth in Government Code
Sections 16142, 51244, and 51244.3.
c. All Williamson Act contracts shall have a common anniversary
date of the 31st day of December. A land conservation contract
must be executed on or before such date to be in effect for the
next succeeding tax year.
d. The Williamson Act contract shall limit the uses of the land to
those provided for in these rules and procedures.
e. The Williamson Act contract shall require that the land be
managed in accordance with any applicable resource
management plan(s). If a plan amendment is approved, the
amended plan shall be deemed automatically incorporated into
the contract as though fully set forth therein without the need for a
contract amendment.
7.Material Breach. In addition, and without altering the applicability of the
provisions of this paragraph, the Owner acknowledges the specific
material breach provisions and remedies of Section 51250, a copy of
which will be attached to the Williamson Act contract as Exhibit B.
Section 51250(b) defines a material breach on land subject to a
Williamson Act contract as a commercial, industrial or residential
building(s), exceeding 2,500 square feet that is not permissible under the
Williamson Act contract, local uniform rules or ordinances. This regulation
only applies to structure(s) that have been permitted and constructed
after January 1, 2004. Section 51251 allows a local government or
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
19
-052 Page 13
Reso. 10
landowner to bring any action to enforce any contract, including but not
limited to, enforcement by specific performance or injunction.
B. Procedures for a Williamson Act Contract
1.Application for Williamson Act Contract or Contract Amendment.
To enter into or to amend a land conservation contract, an application
executed by all persons having legal and equitable interests in the
land shall be submitted to the Development Services Department on a
form prescribed by that Department. In addition to the application,
applicable fees as established in Chapter 3 of the Butte County Code
shall be submitted to the Department on or before September 15 of
the calendar year for the contract to become effective January 1 of the
succeeding year.
The application shall include the following:
a. A copy of a recorded map or assessor’s parcel map showing the
subject real property as a single parcel or parcels when such
parcels are under the same ownership, or are owned by
immediate family members, and are managed as a single unit.
b. A legal description of all individual parcels and the names and
addresses of all the owners of legal or equitable interest in the
property.
c. Any resource management plan(s) pursuant to Rule 4.
d. Payment of applicable Williamson Act Inclusion Agreement
application fee.
e. Any additional information the LCA Committee may require, in
order enabling the Committee to determine the eligibility of the
land involved for a Williamson Act contract.
f. Any one or a combination of the following, pursuant to the
provisions of Rule 4 and this rule:
Agricultural Use. A statement by the applicant describing the
type and quantity of the commercial agricultural use including
but not limited to how the parcel or parcels of land are to be
commercially utilized for the production of food or fiber. This
statement should include methods of production, acreage,
improvements, a description and/or map of all appurtenant
structures, accessory uses, and any other information that
describes the nature and scope of the commercial agricultural
use.
Open Space for Wildlife Habitat Area. Lands shall be
considered for inclusion only after a wildlife habitat area
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
20
-052 Page 14
Reso. 10
resource management plan has been approved by the Board
of Supervisors, subsequent to compliance with Section
51201(j) regarding the land’s value as an area for the
protection or enhancement of the wildlife resources of the
state. A wildlife habitat area resource management plan may
be approved by the Board of Supervisors prior to the
Williamson Act contract.
Section 51201(j)) defines a “wildlife habitat area” as: “a
land or water area designated by a board or council, after
consulting with and considering the recommendation of
the Department of Fish and Game, as an area of great
importance for the protection or enhancement of the
wildlife resources of the state”.
Open Space for Managed Wetland Area. Lands shall be
considered for inclusion only after a managed wetland area
resource management plan has been approved by the Board
of Supervisors, subsequent to the Board’s determination of
compliance with Section 51201(l). A managed wetland area
resource management plan may be approved by the Board of
Supervisors prior to the Williamson Act contract.
Section 51201(l) defines a "managed wetland area" as:
“an area, which may be an area diked off from the ocean
or any bay, river or stream to which water is occasionally
admitted, and which, for at least three consecutive years
immediately prior to being placed within an agricultural
preserve pursuant to this chapter, was used and
maintained as a waterfowl hunting preserve or game
refuge or for agricultural purposes.”
Open Space for Recreational Use. Lands shall be
considered for inclusion only after a resource management
plan has been approved by the Board of Supervisors for
recreational use facilities for use by the public. A master plan
for providing recreational use may be approved by the Board
of Supervisors prior to the Williamson Act contract, pursuant to
51201(n).
Open Space for Scenic Corridor. Lands shall be considered
for inclusion only after a resource management plan for a
scenic corridor has been approved by the Board of
Supervisors in accordance with a specific plan adopted by the
county for the scenic route that has been approved by the
State Department of Transportation Advisory Committee on a
Master Plan for Scenic Highways. A resource management
plan for a scenic highway corridor may be approved by the
Board of Supervisors prior to the Williamson Act contract.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
21
-052 Page 15
Reso. 10
2.Review of Williamson Act Application. An application to enter into or
amend a Williamson Act contract shall be received by the Development
Services Department. The Development Services Department shall
coordinate with the LCA Committee Chairperson to then schedule a
meeting of the LCA Committee for review and recommendation to the
Board of Supervisors. The LCA Committee shall consider the
consistency of the application with these rules and procedures. The
recommendation of the LCA Committee shall be submitted to the Board
of Supervisors by the Development Services Department.
3.Action on Williamson Act Contract Application. The Development
Services Department shall submit a report to the Board of Supervisors
containing the recommendation of the LCA Committee concerning the
contract. Upon receipt of the report, the Clerk of the Board shall
schedule the matter for public hearing and give notice as provided in
Section 24-25.40 of the Butte County Code and in Sections 51232 and
51233. The Board of Supervisors shall render its decision to deny,
modify or approve the application for entering into or modifying a
Williamson Act contract within 60 days after receipt of the report from
the Development Services Department. Upon approval of the
application, the Chairman of the Board of Supervisors shall be
authorized to sign the contract on behalf of the County.
4. Recordation of Williamson Act Contract. Within 20 business days of
approval of the contract by the Board of Supervisors, the Clerk of the
Board shall record the contract, which shall describe the land subject
thereto, with the County Recorder and distribute copies of the recorded
contract to the landowner, the Department of Conservation, County
Assessor, Development Services Department and Agricultural
Commissioner.
5. Changing Uses on Contracted Land. No part of these rules and
procedures allow the landowner, during the course of the Williamson
Act contract, to change uses on the land to uses that are incompatible
with these rules and procedures and the Williamson Act.
6. New Contract Required Upon Granting of Entitlements.
In granting of any of the following discretionary entitlements, the County
reserves the right to require rescission of the current Williamson Act
contract and/or signature of a new or amended contract which
incorporates all Butte County Williamson Act rules and procedures in
force at the time:
a. Tentative Parcel Map
b. Tentative Subdivision Map
c. Use Permit
d. Lot Line Adjustment
e. Merger of Parcels
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
22
-052 Page 16
Reso. 10
RULE 6 TERMINATION OF WILLIAMSON ACT CONTRACTS
A.Nonrenewal of Williamson Act Contract. Non-renewal is always the
preferred means of terminating a contract. On each anniversary date of a
Williamson Act contract, the original tenyeara year shall be added
automatically to the term of the contract is automatically renewedunless
notice of nonrenewal is given in accordance with the California Land
Conservation Act for all or a portion of the property subject to the contract
(Section 51244). When notice is provided on or before September 30 the
contract shall expire nine (9) years from December 31 of the year that a
timely notice was provided (Section 51245). An exception shall be made
in 2011. Notices of nonrenewal submitted by landowners on or before
March 1, 2011 shall become effective for the 2011-12 tax year. Where
such notice of nonrenewal is served the contract shall enter a nine-year
nonrenewal period beginning Jan. 1, 2011. Failure of a landowner to
serve timely notice of nonrenewal on or before March 1, 2011 shall be
considered implied consent to a nine-year contract term. Once served
and effective, a landowner’s nonrenewal notice may not be withdrawn
except for cause and with the consent of the County. Upon recordation of
the notice of nonrenewal, the valuation formula under the Revenue and
Taxation Code changes for property tax assessment purposes. The land
use restrictions, however, remain the same until the contract expires.
The County prior to the expiration date of the contract shall not approve
applications for converting the use of the land to uses that do not comply
with the restrictions of the contract. A notice of nonrenewal filed by the
County or a property owner with respect to land subject to an existing
contract or a contract entered into pursuant to these rules may be
withdrawn only upon the consent of the County and the issuance of a new
contract in accordance with these rules and any additional conditions
required by the County. Any request for withdrawal of a notice of
nonrenewal shall include an application for a new contract that complies
with the rules and procedures in effect at that time.
B.Notice of Partial Non-renewal. Notice of partial non-renewal for lands
within a Land Conservation Agreement. If only a portion of the lands
within an agreement are non-renewed, the remaining contract lands must
conform to the minimum acreage requirements in TABLE ONE of Rule 5.
It is the applicant’s responsibility to provide accurate legal descriptions of
the area to be non-renewed and the area to remain in the contract.
C.Rescission of Williamson Act Contract. In accordance with the Land
Conservation Act, the landowner and the County may upon their mutual
agreement rescind a contract in order to simultaneously enter into a new
Williamson Act contract in order to facilitate a lot line adjustment in
accordance with Sections 51254 or 51257.
D.Immediate Cancellation of Williamson Act Contract. In accordance
with the Land Conservation Act, a landowner may petition the County for
a tentative immediate cancellation of a contract to terminate the contract
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
23
-052 Page 17
Reso. 10
on all or a portion of the property. The Board of Supervisors may only
approve cancellation of the contract under extraordinary circumstances
as provided in Section 51282.
1. To cancel a Williamson Act contract, a petition signed by all
parties having a legal or equitable interest in the property shall be
submitted to the Development Services Department on a form
prescribed by that Department with the applicable fees
established in Chapter 3 of the Butte County Code. It will be the
responsibility of the applicant to provide all necessary supporting
documentation and analysis, as required by the Development
Services Department, that the required statutory findings can be
met (per Section 51282). It is the applicant’s responsibility to
provide accurate legal descriptions of the area to be cancelled and
any area to remain in contract.
2. The petition for cancellation shall be referred by the Development
Services Department to the Department of Conservation and the
LCA Committee for review, comments, and recommendation to
the Board of Supervisors. The petition shall also be referred to
the County Assessor for determination of the cancellation
valuation of the subject property.
3. Any application for immediate cancellation shall require that the
consistency findings per Section
Board of Supervisors make either
51282. (a) (1) or public interest findings per Section 51282. (a) (2).
4. Cancellation of a portion of the contract must result in remaining
contract parcels that conform to the minimum acreage
requirements of TABLE ONE, Rule 5.
5. Immediate cancellation allowing minor acreage adjustments of no
more than one percent (1%) of the contracted land under the
applicant’s ownership may be permitted to reconcile building
encroachments, irregular fence lines and historic uses through lot
line adjustments, subject to review by the LCA Committee and
approval by the Board of Supervisors. Such cancellations do not
require that the Board make the statutory findings per Section
51282. (a) (1) or Section 51282. (a) (2).
6. The Development Services Department shall submit a report to
the Board of Supervisors containing the recommendation of the
LCA Committee concerning the cancellation of the contract and
the certified statement from the Assessor concerning the
cancellation valuation of the land. Upon receipt of the report, the
Clerk of the Board shall schedule the matter for public hearing and
give notice as provided in Section 24-25.40 of the Butte County
Code and in Section 5128. The Board of Supervisors shall render
its decision to deny, approve or conditionally approve the petition
for cancellation in accordance with the Land Conservation Act.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
24
-052 Page 18
Reso. 10
a. Upon approval of a requested cancellation and recordation of a
certificate of cancellation of contract, the valuation formula under
the Revenue and Taxation Code changes for property tax
assessment purposes and the land will be taxed at its current fair
market value. In accordance with Section 51203, if either the
Department of Conservation or the landowner believes that the
current fair market valuations are inaccurate; either party may
request formal review from the County Assessor. The procedures
for formal review and any recomputation of the cancellation fee
are specified in Government Code Section 51203. \[SB 1820
effective Jan. 1, 2005\].
b. Cancellation of a Williamson Act contract is subject to the
payment of a cancellation fee equal to 12.5 percent of the
cancellation valuation of the property to the Department of
Conservation (pursuant to Section 51283) as determined by the
County Assessor based upon the current fair market value of the
land as though it were free of the contractual restrictions in
accordance with Section 51283. Cancellation of a Williamson Act
contract also requires the landowner to make a cancellation fee
payment to the County of Butte equal to 12.5% of the cancellation
valuation of the property (per Section 51283), as authorized by
Section 51240.
E. Annexation and Contract Termination. Per Government Code including
but not limited to Sections51235, 51243.5, 51236 and 51256, annexation
of land under Williamson Act contract does not terminate the contract. If
a city annexes land subject to a Williamson Act contract, the city
succeeds to all rights, duties and powers of the county under the contract.
The city protest provision of the California Land Conservation Act of 1965
has been eliminated effective January 1, 1991. Unless a city filed a valid
protest before January 1, 1991, the city cannot terminate a contract upon
annexation of the property to the city. A city protest made prior to January
1, 1991, is valid only if there is a record of the filing of the protest and the
protest identifies the specific affected contract and subject parcel.
F. Public Acquisition. Williamson Act contracts become void for land that is
acquired by a federal, state or local government agency for necessary
public uses and facilities. The California Land Conservation Act of 1965
contains policies and restrictions to avoid public acquisition of lands in
agricultural preserves, with special emphasis on restricting acquisition of
land subject to Williamson Act contracts or containing prime agricultural
land. State and local government agencies are required to refer proposals
to acquire land in agricultural preserves to the State Department of
Conservation for their review and response prior to acquisition.
G. Correction of Errors.Adjustments of contracted lands allowing removal
or addition of acreage may be permitted in order to correct surveying
errors and similar defects, including but not limited to errors in the legal
description of contracted lands, after review by the LCA Committee and
approval by the Board of Supervisors, where substantial evidence in the
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
25
-052 Page 19
Reso. 10
record indicates that it was not the intent of either the Board of
Supervisors or the landowner to include the lands subject to the error or
errors in the contract at the time the contract was executed.
RULE 7 DIVISION OF WILLIAMSON ACT LAND
A.Division of Land, General.There shall be no division of land, lot line
adjustment, or merger of parcels subject to a Williamson Act contract that
would defeat the intent of the Williamson Act to preserve land in
agriculture, open space or recreational use. The Butte County Board of
Supervisors finds that divisions of land under Williamson Act contract
must comply with Government Code Section 66474.4 and shall be
allowed only when all of the five conditions in Rule 7.B are fulfilled. While
the LCA Committee oversees the Williamson Act, the Butte County
Planning Commission is empowered to approve tentative parcel map,
tentative subdivision map, waiver of parcel map, and other land use
entitlements applications applicable to this section.
B.Land Division Procedures. Applications for division of land subject to a
Williamson Act contract shall be processed in the manner prescribed in
Chapter 20 of the Butte County Code, except that for all such applications
a determination of compatibility with the Williamson Act shall be made per
the procedures prescribed in Rule 2. B. A Planning Commission condition
of approval will require modification of the existing contract (at the LCA
Committee’s recommendation) or rescission of the contract in order to
simultaneously enter into a new or amended contract conforming to all
rules and procedures in effect at that time. A new or amended contract
may be required if the division would change parcel boundaries, and
parcel legal description(s). Per Rule 2.B, as part of the process of
determining the compatibility of the project with the Williamson Act, the
Board of Supervisors must make the following findings regarding land
divisions on Williamson Act land:
1. The proposed division will not impair the use of the land for
the production of food, fiber, livestock or wildlife habitat, as
provided in the contract.
2. Each parcel created by the division or lot line adjustment
shall conform to minimum acreage under TABLE ONE of
Rule 6.
3. The land division or, lot line adjustment conforms to the
Butte County General Plan, state laws and all other
applicable County Codes and standards.
4. The land division or lot line adjustment is not for the
creation of residential development that does not directly
support agricultural production on the contracted land.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
26
-052 Page 20
Reso. 10
5. Any parcel merger (Government Code Article 1.5 Merger
of Parcels) shall comply with Rule 5. A. 5. c. and with Butte
County Code Section 20-180.3.
C. Lot Line Adjustment and Parcel Merger. Per County Code Section 20-
95.1 (lot line adjustments) and Section 20-180.3. (parcel mergers) the
Director of Development Services may approve lot line adjustments and
parcel mergers. On a case-by-case basis, the Director or her/his
designee shall review all applications for lot line adjustment or parcel
merger to determine the compatibility of the proposed action with the
Williamson Act and these rules and procedures. The Director shall
determine whether a proposed lot line adjustment or parcel merger is
substantially compatible and compliant with the Williamson Act and with
these rules. The Director’s determination shall be reported to the LCA
Committee as a recommendation, by memorandum, and agendized for
consideration by the Committee. In cases where the Director of
Development Services determines that a compatibility finding is not clear,
the Director shall refer the case directly to the LCA Committee. The LCA
Committee shall consider the Director’s determination and make a
recommendation to the Board of Supervisors concerning the compatibility
of the proposed lot line adjustment with the Williamson Act.
D. Transfer of Ownership to Family Member. Land shall be permitted to
be divided into parcels that do not meet the minimum parcel sizes
provided in these rules only when such division is for the purpose of
transferring ownership from one immediate family member to another in
accordance with Section 51230.1, and per Butte County zoning code
minimum parcel size. The Board of Supervisors finds that the transfer of
one or more of the parcels so created to a person who is not an
immediate family member is a breach of the Williamson Act contract.
Pursuant to such unlawful transfer a notice of nonrenewal shall be filed
for all portions of the land subject to the existing contract. The Board may
also pursue other remedies as authorized by law. No residential buildings
shall be erected on parcels that fail to meet the standards for minimum
acreage specified in TABLE ONE of Rule 5. An exception for agricultural
labor housing shall comply with the provisions of the California Section
51230.2.
RULE 8 CONTRACT MONITORING & ENFORCEMENT
A.Enforcement Responsibility. The Director of the Department of
Development Services (DDS) shall enforce the provisions of these rules
and the regulations of the Williamson Act, and shall determine the
existence of any violations of any resource management plan as
approved by the Board of Supervisors. The Director will bring his/her
findings to the LCA Committee for review. The LCA Committee shall
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
27
-052 Page 21
Reso. 10
review these findings and make recommendations to the Board of
Supervisors when appropriate. The Board of Supervisors shall consider
the recommendations of the LCA Committee in determining any
enforcement action.
B. Monitoring of Williamson Act Contracts.
The county shall actively monitor the agricultural preserve program by
periodically reviewing the continuing eligibility of properties and checking
for contract violations. Methods for identifying and reviewing the
continuing eligibility of properties and uses include:
1. The Development Services Department will review and assess
referrals (e.g., new property transfers) from the Assessor's Office,
Building Department, and other sources for potential contract
violations.
2. With proper notice to the landowner, the Department of
Development Services may schedule an inspection of the land
under contract to verify compliance at any time.
3. In the course of its normal operations, the Assessor’s Office
conducts random field checks of properties for:
a. Existing agricultural uses and land capability to determine if
they comply with qualification standards.
b. Oversight for potential contract violations.
4. The Williamson Act contract shall provide for a biennial review for
compliance with the terms and conditions of a land conservation
contract. Such review would be implemented at the discretion of
the Director of Development Services, as indicated by the needs
of the program. Such review would be implemented when general
monitoring (1. and 2. above) indicates a trend in non-compliance.
This process may include the submittal of a report from the
contracted property owners to the Department of Development
Services. The form, supplied by the Department of Development
Services, may include information that demonstrates compliance
with compatible land uses and any resource management plan
approved by the Board of Supervisors. Failure to comply with a
biennial compliance review survey may be considered a breach of
contract and the County may file a notice of nonrenewal of the
contract or seek other remedies as authorized by law.
C.Violation and Enforcement. A violation of these rules shall be enforced
as provided for in this rule and as provided for in the California Land
Conservation Act.
D.County-InitiatedNotice of Nonrenewal. In addition to other remedies
authorized by law, a notice of nonrenewal of a Williamson Act contract
may be filed by the Board of Supervisors for land determined to be out of
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
28
-052 Page 22
Reso. 10
compliance with these rules, as determined by the Board of Supervisors
after consideration of the recommendation of the LCA Committee in
accordance with this rule.
E.Additional Remedies. The remedies provided for in this rule are
cumulative and in addition to any other remedies otherwise authorized by
law.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
29
-052 Page 23
Reso. 10
Butte County Williamson Act Advisory Committee
AGENDA REPORT – November 1, 2010
DATE: November 1, 2010
TO:Members of the Williamson Act Advisory Committee
FROM:Claudia Stuart, Principal Planner
ACTION REQUESTED:
D ISCUSSION AND R ECOMMENDATION TO THE B OARD OF S UPERVISORS R EGARDING AB2530
(N IELSEN)/SB863
Recommendation
Staff recommends that the Land Conservation (Williamson) Act Committee recommend
to the Board of Supervisors implementation of an amended Williamson Act program in
2011 under Assembly Bill 2530 (Attachment A) and its trailer Senate Bill 863
(Attachment B), including adoption and implementation of alternate Butte County
administrative procedures and uniform rules for implementing AB 2530/SB 863
(Attachment C).
Background
The State legislature passed the California Land Conservation (Williamson) Act in 1965
to promote the general welfare and protection of the public interest in agricultural land.
The Act enables local governments to enter into enforceable contracts with private
landowners for the purpose of restricting specific parcels of land to agricultural or open
space use. In return, landowners receive property tax assessments which are
substantially lower because they are based upon farming and open space uses as
opposed to full market value. In the past, local governments have received an annual
subvention of forgone property tax revenues from the state via the Open Space
Subvention Act of 1972. At the end of each year, Williamson Act contracts automatically
add an additional year to the remaining contract term unless a notice of non-renewal is
served by the property owner or the County.
Butte County Department of Development Services
LCA Committee Report – AB 2530/SB 863 November 1, 2010 Page 1 of 5
30
Butte County currently has approximately 1,450 parcels enrolled in Williamson Act
contracts, comprising 218,695 acres (Attachment D). Seventy-two parcels, mostly on
non-prime gazing lands, have been non-renewed. Total reduction in assessed value of
all properties under the program is over $235 million this fiscal year, resulting in over
$588,000 in foregone tax revenues to the County for the year.
Prior to the 2009-2010 fiscal year, annual subvention payments to the County were more
than $570,000, fully reimbursing the County for the foregone property tax revenues.
Amendments to the State budget in 2009 reduced Williamson Act subvention payments
to Butte County to $18 that year and $0 in 2010. The 2010 figure has been revised to
$169,000 after the State appropriated $10 million in October 2010 for subvention
payments under Senate Bill 863 (below).
Assembly Bill (AB) 2530 and Senate Bill (SB) 863 are an attempt to find a short term
solution to preserve the Williamson Act by restoring some of the foregone property tax
revenues. Counties may choose to implement the program during any year in which the
previous year’s state subvention payments amounted to 50 percent or less of the
foregone tax revenues. The legislation requires farmers to give up ten percent of the
amount saved by being in the Williamson Act during any year in which the program is
implemented. The term of the contract is reduced from ten years to nine for that
year. The land owner retains 90 percent of the benefit of the contract while the County
replaces a portion of the tax revenue lost due to the loss of subvention payments. The
program would be suspended in any subsequent year in which subvention payments
exceeded 50 percent of the foregone revenues during the previous fiscal year, or in
which the County elected to forego the provisions of AB 2530. In such a case,
Williamson Act contracts would return to their original ten-year term. The program has a
sunset date of Jan. 1, 2015.
For any year in which a County implements the amended Williamson Act program, the
change to a shorter contract term is reflected in a slightly higher property valuation and
tax assessment. Implementation of AB 2530/SB 863 by Butte County in any year would
slightly decrease the level of property tax relief afforded to property owners by the
Williamson Act program for that year, but would concurrently restore approximately 40
percent of the missing revenues to the County, which would otherwise come out of the
County’s General Fund. If the program is implemented in 2011, owners of contracted
properties would be allowed until February 1, 2011 to serve a notice of non-renewal if
desired, rather than accepting the modified contract terms.
Effect of Implementing AB 2530/SB 863 on the General Fund
Implementation of the Williamson Act has reduced County property value assessments
by an increasing amount over the past five years, as shown in Table 1. Until 2009-2010
this reduction in assessed value did not translate into lost revenues to the County. For
the two assessment periods 2009-2010 and 2010-2011, however, the County lost
approx. $947,000 of General Fund revenues through the State’s changes to subvention
payments.
Butte County Department of Development Services
LCA Committee Report – AB 2530/SB 863 November 1, 2010 Page 2 of 5
31
For the current fiscal year, the County will realize a portion of the $10 million
appropriated in the State Budget, which will provide approximately $169,000 to offset
foregone property tax revenues. The remaining $419,000 of foregone revenues related
to the Williamson Act program will come out of the County’s General Fund.
For fiscal year 2011-2012, the County would realize approximately $235,000 in
additional revenue by implementing AB 2530/SB 863 and reducing the benefit to a
typical property owner by 10 percent. This amounts to approx. 40 percent of the
anticipated $588,000 in foregone annual property tax revenues. Absent subvention
payments, the remaining $353,000 in lost revenues will come out of the County’s
General Fund. The availability of subvention funds in 2011-2012 or subsequent years is
not known.
Table 1. Reduction in Assessed Value, Cost to County, and Subvention Payments
2006-2011
Fiscal Year Reduction in Cost to County in Subvention
Assessed Value Lost Revenues
2010-2011 $235,216,737 $588,042 $169,000
2009-2010 $211,221,065 $528,053 $18
2008-2009 $187,267,437 $468,169 $573,119
2007-2008 $183,849,095 $459,623 $639,561
2006-2007 $175,202,275 $438,006 $649,390
Effect of Implementing AB 2530/SB 863 on Property Tax Rates
Implementation of AB 2530/SB 863 would allow the County to continue to provide tax
benefits to agricultural property owners while diminishing impacts to the General Fund.
Tax benefits to property owners would be slightly reduced from their present level under
the program. Typical property tax reductions, as projected by staff, are shown in Table
2.
Table. 2. Typical Property Tax Reductions: AB 2530 vs. Current Williamson Act
Reduction under Current
Type of Agricultural Use Reduction under AB 2530 Williamson Act
Rice and Field Crops 18%20%
Cattle64%71%
Orchard 17%19%
Pursuant to AB 2530/SB 863, landowners may elect to serve notice of non-renewal
instead of accepting a nine-year contract term. In such cases, no change is made to the
current nine-year non-renewal term or the valuation procedures for the non-renewal
period. The assessed value of the property and the property tax would increase each
year of the non-renewal period, reaching market value upon expiration of the contract.
Staff analysis comparing property tax rates under AB 2530/SB 863 to rates under
contract non-renewal indicates that continued participation in the Williamson Act under
AB 2530/SB 863 would provide a comparable level of tax relief during year one.
Continued participation under AB 2530/SB 863 would provide greater tax benefits than
nonrenewal after year one.
Butte County Department of Development Services
LCA Committee Report – AB 2530/SB 863 November 1, 2010 Page 3 of 5
32
Alternatives to Implementing AB 2530/SB 863
Counties are not required to implement AB 2530/SB 863. Should Butte County continue
to implement the Williamson Act in its current form, an ongoing annual cost due to
foregone tax revenues of approximately $588,000 (not including administrative costs) is
projected absent further subvention funding. Projections for future years are complicated
by the lack of certainty regarding future state subvention funds.
Another alternative available to the County to address impacts to its General Fund would
be to discontinue Williamson Act participation by non-renewing all existing contracts.
Under Government Code Section 51245, counties as well as landowners may non-
renew Williamson Act contracts. Selection of this option would lead to a nine-year non-
renewal period in which the assessed valuation of properties under contract, and
therefore associated property tax revenues, would increase each year until reaching full
value at the expiration of the contracts. If a property owner protests the non-renewal, the
increase in revenues for that property would not occur until the final six years of the non-
renewal period (Revenue and Taxation Code Section 426 (b)). The restrictions applied
by the Williamson Act to lands under contract would terminate upon completion of the
non-renewal period.
Recommended Amendments to Butte County’s Williamson Act Rules
Staff recommends amendments to the Butte County Administrative Procedures and
Uniform Rules for Implementing the California Land Conservation (Williamson) Act as
shown in Attachment C. Consistent with SB 863, these include a procedure for
landowners to serve notice of non-renewal until February 1, 2011. Other changes
include specification of a nine-year contract term for all new and existing contracts; a
listing of types of contracts and easements to which AB 2530/SB 863 do not apply; and
a sunset provision consistent with AB 2530/SB 863.
Timeline for Implementation of AB 2530/SB 863
The timeline for implementation of an amended Williamson Act program in 2011 is as
follows:
November 1, 2010: Land Conservation (Williamson) Act Committee review and
recommendation to the Board of Supervisors
November 23, 2010: Noticed Public Hearing and Adoption by the Board of
Supervisors
December 1, 2010: Notice provided to Williamson Act property owners
February 1, 2011: Deadline for Notices of Non-Renewal
Butte County Department of Development Services
LCA Committee Report – AB 2530/SB 863 November 1, 2010 Page 4 of 5
33
Public Outreach
On October 7, 2010 staff met with the Butte County Cattlemen’s Association, Farm
Bureau, and a representative of the Native Plant Society to discuss AB 2530 and the
timeline outlined above. On November 4, 2010 staff will again meet with the Farm
Bureau to further review the optional standards in AB 2530/SB 863 and discuss effects
on property tax assessments and agricultural land conservation.
Conclusion
Based on the above analysis, staff recommends that the Williamson Act Committee
recommend to the Board of Supervisors implementation of AB 2530/SB 863 in 2011,
including amendment of the County’s Williamson Act Rules per Attachment C. Staff will
provide the Committee’s recommendation to the Board of Supervisors at its meeting on
November 23, 2010.
Please do not hesitate to contact me at (530) 538-7604 or cstuart@buttecounty.net for
further information, or with any questions.
Attachments
A. Assembly Bill 2530 (Chaptered)
B. Senate Bill 863 (Enrolled)
C. Proposed Butte County Administrative Procedures and Uniform Rules for
Implementing the California Land Conservation (Williamson) Act Pursuant to AB
2530
D. Map: Butte County Williamson Act Lands (October 2010)
Butte County Department of Development Services
LCA Committee Report – AB 2530/SB 863 November 1, 2010 Page 5 of 5
34
Bttfncmz!Cjmm!Op/!3641
DIBQUFS!4:2
Bo!bdu!up!bnfoe!Tfdujpot!27253-!27253/2-!boe!62355!pg-!boe!up!bee!boe
sfqfbm!Tfdujpo!62355/4!pg-!uif!Hpwfsonfou!Dpef-!sfmbujoh!up!mpdbm
hpwfsonfou/
\\Bqqspwfe!cz!Hpwfsops!Tfqufncfs36-!3121/!Gjmfe!xjui
Tfdsfubsz!pg!Tubuf!Tfqufncfs38-!3121/^
mfhjtmbujwf!dpvotfmt!ejhftu
BC3641-!Ojfmtfo/Mpdbm!hpwfsonfou;!Xjmmjbntpo!Bdu;!dpousbdut/
Fyjtujoh!mbx-!uif!Xjmmjbntpo!Bdu-!bvuipsj{ft!b!djuz!ps!dpvouz!up!foufs
joup!21.zfbs!dpousbdut!xjui!pxofst!pg!mboe!efwpufe!up!bhsjdvmuvsbm!vtf-
xifsfcz!uif!pxofst!bhsff!up!dpoujovf!vtjoh!uif!qspqfsuz!gps!uibu!qvsqptf-
boe!uif!djuz!ps!dpvouz!bhsfft!up!wbmvf!uif!mboe!bddpsejohmz!gps!qvsqptft!pg
qspqfsuz!ubybujpo/!Fyjtujoh!mbx!tfut!gpsui!qspdfevsft!gps!sfjncvstjoh!djujft
boe!dpvoujft!gps!qspqfsuz!uby!sfwfovft!opu!sfdfjwfe!bt!b!sftvmu!pg!uiftf
dpousbdut/
Uijt!cjmm!xpvme-!cfhjoojoh!Kbovbsz!2-!3122-!boe!voujm!Kbovbsz!2-!3126-
bvuipsj{f!b!dpvouz-!jo!boz!tdbm!zfbs!jo!xijdi!qbznfout!bvuipsj{fe!gps
2
sfjncvstfnfou!up!b!dpvouz!gps!mptu!sfwfovf!bsf!mftt!uibo!!pg!uif
3
qbsujdjqbujoh!dpvouz’t!bduvbm!gpsfhpof!hfofsbm!gvoe!qspqfsuz!uby!sfwfovf-
up!sfwjtf!uif!ufsn!gps!ofx!dpousbdut!boe!sfrvjsf!uif!bttfttps!up!wbmvf!uif
qspqfsuz-!bt!tqfdjfe-!cbtfe!po!uif!ofx!dpousbdu/!Uif!cjmm!xpvme!qspwjef
uibu!b!mboepxofs!nbz!dipptf!up!oposfofx!boe!cfhjo!uif!dbodfmmbujpo!qspdftt/
Uif!cjmm!xpvme!bmtp!qspwjef!uibu!boz!jodsfbtfe!sfwfovft!hfofsbufe!cz
qspqfsujft!voefs!b!ofx!dpousbdu!tibmm!cf!qbje!up!uif!dpvouz/
Uif!qfpqmf!pg!uif!Tubuf!pg!Dbmjgpsojb!ep!fobdu!bt!gpmmpxt;
TFDUJPO!2/Tfdujpo!27253!pg!uif!Hpwfsonfou!Dpef!jt!bnfoefe!up
sfbe;
27253/)b*Uif!Tfdsfubsz!pg!uif!Sftpvsdft!Bhfodz!tibmm!ejsfdu!uif
Dpouspmmfs!up!qbz!boovbmmz!pvu!pg!uif!gvoet!bqqspqsjbufe!cz!Tfdujpo!27251-
up!fbdi!fmjhjcmf!dpvouz-!djuz-!ps!djuz!boe!dpvouz-!uif!gpmmpxjoh!bnpvout!gps
fbdi!bdsf!pg!mboe!xjuijo!jut!sfhvmbupsz!kvsjtejdujpo!uibu!jt!bttfttfe!qvstvbou
up!Tfdujpo!534-!534/4-!534/5-!ps!534/6-!ps!537!jg!ju!xbt!qsfwjpvtmz!bttfttfe
voefs!Tfdujpo!534/5-!pg!uif!Sfwfovf!boe!Ubybujpo!Dpef;
)2*Gjwf!epmmbst!)%6*!gps!qsjnf!bhsjdvmuvsbm!mboe-!bt!efofe!jo!Tfdujpo
62312/
:5
35
Di/4:2—!3!—
)3*Pof!epmmbs!)%2*!gps!bmm!mboe-!puifs!uibo!qsjnf!bhsjdvmuvsbm!mboe-!xijdi
jt!efwpufe!up!pqfo.tqbdf!vtft!pg!tubufxjef!tjhojdbodf-!bt!efofe!jo!Tfdujpo
27254/
)c*Uif!bnpvou!qfs!bdsf!jo!qbsbhsbqi!)2*!pg!tvcejwjtjpo!)b*!nbz!cf
jodsfbtfe!cz!uif!Tfdsfubsz!pg!uif!Sftpvsdft!Bhfodz!up!b!hvsf!xijdi!xpvme
pggtfu!boz!tbwjoht!evf!up!b!npsf!sftusjdujwf!efufsnjobujpo!cz!uif!tfdsfubsz
bt!up!xibu!mboe!jt!efwpufe!up!pqfo.tqbdf!vtf!pg!tubufxjef!tjhojdbodf/
)d*Uif!bnpvou!qfs!bdsf!jo!tvcejwjtjpo!)b*!tibmm!pomz!cf!qbje!gps!21!zfbst
gspn!uif!ebuf!uibu!uif!mboe!xbt!stu!bttfttfe!qvstvbou!up!Tfdujpo!537!pg!uif
Sfwfovf!boe!Ubybujpo!Dpef-!jg!ju!xbt!qsfwjpvtmz!bttfttfe!voefs!Tfdujpo
534/5!pg!uibu!dpef/
)e*Opuxjuituboejoh!boz!puifs!qspwjtjpo!pg!mbx-!gps!uif!3119–1:!tdbm
zfbs!boe!fbdi!tdbm!zfbs!uifsfbgufs-!uif!Dpouspmmfs!tibmm!sfevdf-!cz!21
qfsdfou-!boz!qbznfou!nbef!qvstvbou!up!uijt!tfdujpo/
)f*)2*Fggfdujwf!Kbovbsz!2-!3122-!jg!uif!qbznfou!qvstvbou!up!uijt!tfdujpo
gps!uif!qsfwjpvt!tdbm!zfbs!jt!mftt!uibo!pof.ibmg!pg!uif!qbsujdjqbujoh!dpvouz’t
bduvbm!gpsfhpof!hfofsbm!gvoe!qspqfsuz!uby!sfwfovf-!uif!dpvouz!nbz!jnqmfnfou
tvcejwjtjpo!)c*!pg!Tfdujpo!62355!boe!Tfdujpo!62355/4/!Uif!jnqmfnfoubujpo
pg!uiftf!tfdujpot!tibmm!cf!tvtqfoefe!gps!boz!tvctfrvfou!tdbm!zfbs!jo!xijdi
uif!qbznfou!gps!uif!qsfwjpvt!tdbm!zfbs!fydffet!pof.ibmg!pg!uif!gpsfhpof
hfofsbm!gvoe!qspqfsuz!uby!sfwfovf/
)3*Uijt!tvcejwjtjpo!tibmm!sfnbjo!pqfsbujwf!pomz!voujm!Kbovbsz!2-!3126/
TFD/!3/Tfdujpo!27253/2!pg!uif!Hpwfsonfou!Dpef!jt!bnfoefe!up!sfbe;
27253/2/)b*Jo!mjfv!pg!uif!qbznfout!nbef!qvstvbou!up!Tfdujpo!27253-
jo!b!dpvouz!uibu!ibt!bepqufe!gbsnmboe!tfdvsjuz!{poft!qvstvbou!up!Tfdujpo
623:7-!uif!Tfdsfubsz!pg!uif!Sftpvsdft!Bhfodz!tibmm!ejsfdu!uif!Dpouspmmfs!up
qbz!boovbmmz!pvu!pg!uif!gvoet!bqqspqsjbufe!cz!Tfdujpo!27251-!up!fbdi!fmjhjcmf
dpvouz-!djuz-!ps!djuz!boe!dpvouz-!uif!gpmmpxjoh!bnpvou!gps!fbdi!bdsf!pg!mboe
xjuijo!jut!sfhvmbupsz!kvsjtejdujpo!uibu!jt!bttfttfe!qvstvbou!up!Tfdujpo!534/5
ps!537!pg!uif!Sfwfovf!boe!Ubybujpo!Dpef-!jg!ju!xbt!qsfwjpvtmz!bttfttfe
voefs!Tfdujpo!534/5!pg!uibu!dpef;
Fjhiu!epmmbst!)%9*!gps!mboe!uibu!jt!xjuijo-!ps!xjuijo!uisff!njmft!pg!uif
cpvoebsjft!pg!uif!tqifsf!pg!jovfodf!pg-!fbdi!jodpsqpsbufe!djuz/
)c*Uif!bnpvou!qfs!bdsf!jo!tvcejwjtjpo!)b*!tibmm!pomz!cf!qbje!gps!21!zfbst
gspn!uif!ebuf!uibu!uif!mboe!xbt!stu!bttfttfe!qvstvbou!up!Tfdujpo!537!pg!uif
Sfwfovf!boe!Ubybujpo!Dpef-!jg!ju!xbt!qsfwjpvtmz!bttfttfe!voefs!Tfdujpo
534/5!pg!uibu!dpef/!Uif!bqqspqsjbujpo!bvuipsj{fe!cz!uijt!tvcejwjtjpo!tibmm
opu!fydffe!pof!ivoesfe!uipvtboe!epmmbst!)%211-111*!qfs!zfbs!voujm!3116/
)d*Opuxjuituboejoh!boz!puifs!qspwjtjpo!pg!mbx-!gps!uif!3119–1:!tdbm
zfbs!boe!fbdi!tdbm!zfbs!uifsfbgufs-!uif!Dpouspmmfs!tibmm!sfevdf-!cz!21
qfsdfou-!boz!qbznfout!nbef!qvstvbou!up!uijt!tfdujpo/
)e*)2*Fggfdujwf!Kbovbsz!2-!3122-!jg!uif!qbznfou!qvstvbou!up!uijt!tfdujpo
gps!uif!qsfwjpvt!tdbm!zfbs!jt!mftt!uibo!pof.ibmg!pg!uif!qbsujdjqbujoh!dpvouz’t
bduvbm!gpsfhpof!hfofsbm!gvoe!qspqfsuz!uby!sfwfovf-!uif!dpvouz!nbz!jnqmfnfou
tvcejwjtjpo!)c*!pg!Tfdujpo!62355!boe!Tfdujpo!62355/4/!Uif!jnqmfnfoubujpo
pg!uiftf!tfdujpot!tibmm!cf!tvtqfoefe!gps!boz!tvctfrvfou!tdbm!zfbs!jo!xijdi
:5
36
—!4!—Di/4:2
uif!qbznfou!gps!uif!qsfwjpvt!tdbm!zfbs!fydffet!pof.ibmg!pg!uif!gpsfhpof
hfofsbm!gvoe!qspqfsuz!uby!sfwfovf/
)3*Uijt!tvcejwjtjpo!tibmm!sfnbjo!pqfsbujwf!pomz!voujm!Kbovbsz!2-!3126/
TFD/!4/Tfdujpo!62355!pg!uif!Hpwfsonfou!Dpef!jt!bnfoefe!up!sfbe;
62355/)b*Fbdi!dpousbdu!tibmm!cf!gps!bo!jojujbm!ufsn!pg!op!mftt!uibo!21
zfbst/!Fbdi!dpousbdu!tibmm!qspwjef!uibu!po!uif!boojwfstbsz!ebuf!pg!uif!dpousbdu
ps!tvdi!puifs!boovbm!ebuf!bt!tqfdjfe!cz!uif!dpousbdu!b!zfbs!tibmm!cf!beefe
bvupnbujdbmmz!up!uif!jojujbm!ufsn!vomftt!opujdf!pg!oposfofxbm!jt!hjwfo!bt
qspwjefe!jo!Tfdujpo!62356/
)c*)2*Jg!uif!dpvouz!nblft!b!efufsnjobujpo!qvstvbou!up!tvcejwjtjpo!)f*
pg!Tfdujpo!27253!ps!tvcejwjtjpo!)e*!pg!Tfdujpo!27253/2-!dpousbdut!tibmm!cf
gps!b!ufsn!pg!op!mftt!uibo!ojof!zfbst!gps!dpousbdut!dvssfoumz!21!zfbst!jo!mfohui
ps!29!zfbst!gps!dpousbdut!dvssfoumz!31!zfbst!jo!mfohui-!bt!uif!dbtf!nbz!cf/
Gps!ofx!dpousbdut!foufsfe!joup!evsjoh!b!zfbs!jo!xijdi!uijt!tvcejwjtjpo!jt!jo
fggfdu-!uif!jojujbm!dpousbdu!mfohui!tibmm!cf!fjuifs!ojof!ps!29!zfbst/!Fbdi
dpousbdu!tibmm!qspwjef-!fydfqu!jo!uif!jojujbm!zfbs!pg!uif!efufsnjobujpo-!uibu
po!uif!boojwfstbsz!ebuf!pg!uif!dpousbdu!ps!tvdi!puifs!boovbm!ebuf!bt!tqfdjfe
cz!uif!dpousbdu-!b!zfbs!tibmm!cf!beefe!bvupnbujdbmmz!up!uif!jojujbm!ufsn!vomftt
opujdf!pg!oposfofxbm!jt!hjwfo!bt!qspwjefe!jo!Tfdujpo!62356/
Jo!boz!zfbs!jo!xijdi!jodsfbtfe!sfwfovf!qvstvbou!up!Tfdujpo!62355/4!epft
opu!pddvs-!uxp!beejujpobm!zfbst!tibmm!cf!beefe!up!uif!dpousbdu!po!uif!ofyu
boojwfstbsz!ebuf!up!sftupsf!uif!dpousbdu!up!jut!gvmm!21.zfbs!ps!31.zfbs!dpousbdu
mfohui/
)3*Jo!boz!zfbs!jo!xijdi!uijt!tvcejwjtjpo!jt!jnqmfnfoufe-!uif!dpvouz!tibmm
sfdpse!b!opujdf!uibu!tubuft!uif!bggfdufe!qbsdfm!ovncfs!ps!ovncfst/
)4*Uif!bttfttps!tibmm!wbmvf!uif!qspqfsuz-!dpotjtufou!xjui!uif!sftusjdujpot
po!uif!qspqfsuz-!cbtfe!po!fjuifs!b!ojof.zfbs!ps!29.zfbs!dpousbdu!ufsn!bt!uif
dbtf!nbz!cf!cbtfe!po!uif!psjhjobm!dpousbdu!ufsn/!Uif!beejujpobm!bnpvou!pg
uby!sfwfovf!uibu!sftvmut!gspn!uif!efdsfbtf!jo!sftusjdujpo!tibmm!cf!tfqbsbufmz
ejtqmbzfe!po!uif!ubyqbzfs’t!boovbm!cjmm/
)5*B!mboepxofs!nbz!fmfdu!up!tfswf!opujdf!pg!oposfofxbm!jotufbe!pg
bddfqujoh!b!ojof.zfbs!ps!29.zfbs!dpousbdu-!bt!uif!dbtf!nbz!cf/!Jo!uibu!dbtf-
uif!bttfttps!tibmm!opu!sfwbmvf!uif!qspqfsuz!bt!qspwjefe!gps!jo!qbsbhsbqi!)4*/
)6*Jo!beejujpo!up!boz!puifs!opujdf!sfrvjsfnfout-!b!dpvouz!tibmm!qspwjef
b!mboepxofs!voefs!dpousbdu!ujnfmz!xsjuufo!opujdf!pg!bmm!pg!uif!gpmmpxjoh;
)B*Boz!ifbsjoh!cz!uif!dpvouz!po!b!qspqptbm!up!bepqu!ps!sftdjoe!uif
jnqmfnfoubujpo!pg!uijt!tfdujpo/
)C*Boz!obm!efdjtjpo!sfhbsejoh!uif!bepqujpo!ps!sftdjttjpo!pg
jnqmfnfoubujpo!pg!uijt!tfdujpo/
)D*Uif!mboepxofs’t!sjhiu!up!qsfwfou!uif!bnfoenfou!pg!ijt!ps!ifs!dpousbdu
qvstvbou!up!uijt!tfdujpo!cz!tfswjoh!opujdf!pg!oposfofxbm!bt!tqfdjfe!cz
Tfdujpo!62356/!B!dpvouz!tibmm!opu!npejgz!ps!sfwbmvf!b!mboepxofs’t!dpousbdu
qvstvbou!up!uijt!tvcejwjtjpo!vomftt!uif!mboepxofs!jt!hjwfo!bu!mfbtu!:1!ebzt
opujdf!pg!uif!pqqpsuvojuz!up!qsfwfou!uif!npejdbujpo!boe!sfwbmvbujpo!cz
tfswjoh!opujdf!pg!oposfofxbm!boe!uif!mboepxofs!gbjmt!up!tfswf!opujdf!pg
oposfofxbm/!B!mboepxofs!tibmm!cf!bewjtfe!pg!uif!mboepxofs’t!sjhiu!up!bwpje
dpoujovfe!jnqptjujpo!pg!uijt!tvcejwjtjpo!jo!boz!gvuvsf!zfbs!cz!tfswjoh!b
:5
37
Di/4:2—!5!—
opujdf!pg!oposfofxbm!gps!uibu!dpousbdu!zfbs/!Gbjmvsf!pg!uif!mboepxofs!up
tfswf!ujnfmz!opujdf!pg!oposfofxbm!jo!boz!zfbs!tibmm!cf!dpotjefsfe!jnqmjfe
dpotfou!up!uif!jnqmfnfoubujpo!pg!uijt!tvcejwjtjpo!gps!uibu!zfbs/
)7*Uif!jodsfbtfe!wbmvbujpo!pg!uif!qspqfsuz!qvstvbou!up!qbsbhsbqi!)4*tibmm
opu!fydffe!21!qfsdfou!pg!uif!ejggfsfodf!cfuxffo!uif!wbmvbujpo!qvstvbou!up
Tfdujpo!534-!534/4-!ps!534/6!pg!uif!Sfwfovf!boe!Ubybujpo!Dpef-!boe!uif
wbmvbujpo!voefs!Tfdujpo!221/2!pg!uif!Sfwfovf!boe!Ubybujpo!Dpef/!Jg!uif
wbmvbujpo!voefs!Tfdujpo!221/2!jt!mpxfs-!uifsf!tibmm!cf!op!sfwbmvbujpo/
)8*Uijt!tvcejwjtjpo!tibmm!opu!bqqmz!up!boz!pg!uif!gpmmpxjoh;
)B*Dpousbdut!uibu!ibwf!cffo!oposfofxfe/
)C*Dpousbdut!xjui!djujft/
)D*Pqfo.tqbdf!ps!bhsjdvmuvsbm!fbtfnfout/
)E*Tdfojd!sftusjdujpot/
)F*Xjmemjgf!ibcjubu!dpousbdut/
)9*Uijt!tvcejwjtjpo!tibmm!sfnbjo!pqfsbujwf!pomz!voujm!Kbovbsz!2-!3126/
TFD/!5/Tfdujpo!62355/4!jt!beefe!up!uif!Hpwfsonfou!Dpef-!up!sfbe;
62355/4/)b*Uijt!tfdujpo!tibmm!bqqmz!up!qspqfsujft!voefs!b!ojof.zfbs!ps
29.zfbs!dpousbdu-!bt!uif!dbtf!nbz!cf-!qvstvbou!up!tvcejwjtjpo!)c*!pg!Tfdujpo
62355/!Opuxjuituboejoh!boz!puifs!qspwjtjpo!up!uif!dpousbsz-!jodsfbtfe
sfwfovft!hfofsbufe!cz!uiptf!qspqfsujft!tibmm!cf!bmmpdbufe!fydmvtjwfmz!up!uif
dpvouz/
)c*Uijt!tfdujpo!tibmm!pomz!bqqmz!jg!uif!dpvouz!nblft!b!efufsnjobujpo
qvstvbou!up!fjuifs!Tfdujpo!27253!ps!Tfdujpo!27253/2/
)d*Uijt!tfdujpo!tibmm!sfnbjo!jo!fggfdu!pomz!voujm!Kbovbsz!2-!3126-!boe!bt
pg!uibu!ebuf!jt!sfqfbmfe-!vomftt!b!mbufs!fobdufe!tubuvuf-!uibu!jt!fobdufe!cfgpsf
Kbovbsz!2-!3126-!efmfuft!ps!fyufoet!uibu!ebuf/
P
:5
38
Tfobuf!Cjmm!Op/!974
Qbttfe!uif!Tfobuf!!Pdupcfs9-!3121
Tfdsfubsz!pg!uif!Tfobuf
Qbttfe!uif!Bttfncmz!!Pdupcfs9-!3121
Dijfg!Dmfsl!pg!uif!Bttfncmz
Uijt!cjmm!xbt!sfdfjwfe!cz!uif!Hpwfsops!uijt!!ebz
pg!-!3121-!bu!!p’dmpdl!n/
Qsjwbuf!Tfdsfubsz!pg!uif!Hpwfsops
39
—!3!—
TC974
DIBQUFS!
Bo!bdu!up!bnfoe!Tfdujpot!27253-!27253/2-!boe!62355!pg-!up!bee
Tfdujpo!27259!up-!boe!up!bee!boe!sfqfbm!Tfdujpo!62355/4!pg-!uif
Hpwfsonfou!Dpef-!boe!up!bee!Tfdujpot!44444/25!boe!447:2/6!up
uif!Ifbmui!boe!Tbgfuz!Dpef-!sfmbujoh!up!mpdbm!hpwfsonfou-!nbljoh
bo!bqqspqsjbujpo!uifsfgps-!boe!efdmbsjoh!uif!vshfodz!uifsfpg-!up
ublf!fggfdu!jnnfejbufmz/
mfhjtmbujwf!dpvotfmt!ejhftu
TC974-!Dpnnjuuff!po!Cvehfu!boe!Gjtdbm!Sfwjfx/Mpdbm
hpwfsonfou/
)2*Fyjtujoh!mbx-!uif!Xjmmjbntpo!Bdu-!bvuipsj{ft!b!djuz!ps!dpvouz
up!foufs!joup!21.zfbs!dpousbdut!xjui!pxofst!pg!mboe!efwpufe!up
bhsjdvmuvsbm!vtf-!xifsfcz!uif!pxofst!bhsff!up!dpoujovf!vtjoh!uif
qspqfsuz!gps!uibu!qvsqptf-!boe!uif!djuz!ps!dpvouz!bhsfft!up!wbmvf
uif!mboe!bddpsejohmz!gps!qvsqptft!pg!qspqfsuz!ubybujpo/!Fyjtujoh
mbx!tfut!gpsui!qspdfevsft!gps!sfjncvstjoh!djujft!boe!dpvoujft!gps
qspqfsuz!uby!sfwfovft!opu!sfdfjwfe!bt!b!sftvmu!pg!uiftf!dpousbdut/
Uijt!cjmm!xpvme-!cfhjoojoh!Kbovbsz!2-!3122-!boe!voujm!Kbovbsz
2-!3126-!bvuipsj{f!b!dpvouz-!jo!boz!tdbm!zfbs!jo!xijdi!qbznfout
bvuipsj{fe!gps!sfjncvstfnfou!up!b!dpvouz!gps!mptu!sfwfovf!bsf!mftt
2
uibo!!pg!uif!qbsujdjqbujoh!dpvouz’t!bduvbm!gpsfhpof!hfofsbm!gvoe
3
qspqfsuz!uby!sfwfovf-!up!sfwjtf!uif!ufsn!gps!ofxmz!sfofxfe!boe
ofx!dpousbdut!boe!sfrvjsf!uif!bttfttps!up!wbmvf!uif!qspqfsuz-!bt
tqfdjfe-!cbtfe!po!uif!sfwjtfe!dpousbdu!ufsn/!Uif!cjmm!xpvme
qspwjef!uibu!b!mboepxofs!nbz!dipptf!up!oposfofx!boe!cfhjo!uif
dbodfmmbujpo!qspdftt/!Uif!cjmm!xpvme!bmtp!qspwjef!uibu!boz!jodsfbtfe
sfwfovft!hfofsbufe!cz!qspqfsujft!voefs!b!ofx!dpousbdu!tibmm!cf
qbje!up!uif!dpvouz/!Uijt!cjmm!xpvme!bqqspqsjbuf!%21-111-111!gspn
uif!Hfofsbm!Gvoe!up!uif!Dpouspmmfs!gps!uif!3121–22!tdbm!zfbs!up
nblf!tvcwfoujpo!qbznfout!up!dpvoujft-!bt!tqfdjfe/
Uif!cjmm!xpvme!qspwjef-!jo!uif!fwfou!uibu!uijt!cjmm!jt!fobdufe-!uibu
uif!qspwjtjpot!pg!Dibqufs!4:2!pg!uif!Tubuvuft!pg!3121!opu!cfdpnf
fggfdujwf/
)3*Uif!Dpnnvojuz!Sfefwfmpqnfou!Mbx!bvuipsj{ft!uif
ftubcmjtinfou!pg!sfefwfmpqnfou!bhfodjft!jo!dpnnvojujft!up!beesftt
uif!fggfdut!pg!cmjhiu!jo!uiptf!dpnnvojujft/!Fyjtujoh!mbx!sfrvjsft
:8
40
—!4!—
TC974
fbdi!bhfodz!up!qsfqbsf-!ps!dbvtf!up!cf!qsfqbsfe-!boe!bqqspwf!b
sfefwfmpqnfou!qmbo!gps!fbdi!qspkfdu!bsfb/!Fyjtujoh!mbx!sfrvjsft
uibu!b!sfefwfmpqnfou!qmbo!dpoubjo!tqfdjfe!mjnjubujpot-!jodmvejoh-
cvu!opu!mjnjufe!up-!b!mjnjubujpo!po!uif!ovncfs!pg!epmmbst!pg!ubyft
uibu!nbz!cf!ejwjefe!boe!bmmpdbufe!up!b!sfefwfmpqnfou!bhfodz/
Uijt!cjmm!xpvme-!opuxjuituboejoh!tqfdjfe!qspwjtjpot-!fmjnjobuf
uif!uby!jodsfnfou!mjnju!gps!uif!sfefwfmpqnfou!qmbo!gps!uif!Dfousf
Djuz!Sfefwfmpqnfou!Qspkfdu-!jodmvejoh-!cvu!opu!mjnjufe!up-!uif
psjhjobm!qspkfdu!bsfb-!uif!fyqboefe!qspkfdu!bsfb-!boe!uif!nfshfe
qspkfdu!bsfb/
)4*Uif!Dpnnvojuz!Sfefwfmpqnfou!Mbx!bmtp!sfrvjsft!b
sfefwfmpqnfou!bhfodz!up!vtf!bu!mfbtu!31&!pg!uby!jodsfnfout
hfofsbufe!gspn!b!qspkfdu!bsfb!up!jodsfbtf!boe!jnqspwf!uif
dpnnvojuz’t!tvqqmz!pg!mpx.!boe!npefsbuf.jodpnf!ipvtjoh-!boe
uiptf!gvoet!up!cf!ifme!jo!b!tfqbsbuf!Mpx!boe!Npefsbuf!Jodpnf
Ipvtjoh!Gvoe!voujm!vtfe/!Uibu!mbx!bvuipsj{ft!b!sfefwfmpqnfou
bhfodz-!gspn!Kvmz!2-!311:-!up!Kvof!41-!3121-!jodmvtjwf-!up!tvtqfoe
bmm!ps!qbsu!pg!jut!sfrvjsfe!bmmpdbujpo!up!jut!Mpx!boe!Npefsbuf!Jodpnf
Ipvtjoh!Gvoe-!cvu!sfrvjsft!uif!sfefwfmpqnfou!bhfodz!up!sfqbz
uif!sfwfovf!ejwfsufe!evsjoh!uif!tvtqfotjpo!xjuijo!b!tqfdjfe!ujnf
qfsjpe-!foejoh!bt!pg!Kvof!41-!3126/!Uibu!mbx!sfrvjsft
sfefwfmpqnfou!bhfodjft!jo!uijt!tubuf!up!nblf!b!tqfdjfe!sfnjuubodf
up!dpvouz!Tvqqmfnfoubm!Fevdbujpobm!Sfwfovf!Bvhnfoubujpo!Gvoet
gps!uif!311:–21!tdbm!zfbs!boe!bopuifs!sfnjuubodf!up!uiptf!gvoet
gps!uif!3121–22!tdbm!zfbs/!Uibu!mbx!tvckfdut!b!sfefwfmpqnfou
bhfodz!uibu!epft!opu!nblf!fjuifs!ps!cpui!pg!uif!sfrvjsfe!sfnjuubodft
up!tqfdjfe!qspijcjujpot!boe!uif!sfrvjsfnfou!uibu!ju!bmmpdbuf!bo
beejujpobm!6&!pg!bmm!uby!jodsfnfout!ju!sfdfjwft!gps!mpx.!boe
npefsbuf.jodpnf!ipvtjoh!gps!uif!sfnbjoefs!pg!uif!ujnf!ju!sfdfjwft
uifn/
Uijt!cjmm!xpvme!fyfnqu!b!sfefwfmpqnfou!bhfodz!uibu!gbjmt!up
bmmpdbuf!fjuifs!ps!cpui!pg!uif!sfrvjsfe!sfnjuubodft-!ps!up!puifsxjtf
bssbohf!gps!uifjs!gvmm!qbznfou-!bt!tqfdjfe-!gspn!uiptf!qspijcjujpot
boe!uif!bcpwf.eftdsjcfe!sfrvjsfnfou-!jg!uif!dpvouz!bvejups!dfsujft
up!uif!Efqbsunfou!pg!Gjobodf!uibu!)2*!uif!sfefwfmpqnfou!bhfodz
bepqufe!b!tqfdjfe!sftpmvujpo-!ps!tqfdjfe!sftpmvujpot-!boe!gbjmfe
up!nblf!uif!bttpdjbufe!sfnjuubodf!cz!Nbz!21-!3121-!ps!Nbz!21-
3122-!bt!bqqmjdbcmf-!)3*!uif!dpvouz!sfevdfe!uif!uby!jodsfnfou
sfwfovf!qbzbcmf!up!uif!sfefwfmpqnfou!bhfodz!cz!bu!mfbtu!31&!jo
uif!311:–21!tdbm!zfbs-!boe!)4*!uif!sfefwfmpqnfou!bhfodz!ibt
:8
41
—!5!—
TC974
foufsfe!joup!b!tqfdjfe!bhsffnfou!xjui!uif!Efqbsunfou!pg!Gjobodf
xjui!sftqfdu!up!qbzjoh!uif!sfrvjsfe!sfnjuubodft/
)5*Uijt!cjmm!xpvme!nblf!mfhjtmbujwf!oejoht!boe!efdmbsbujpot!bt
up!uif!ofdfttjuz!pg!b!tqfdjbm!tubuvuf!gps!uif!Dfousf!Djuz
Sfefwfmpqnfou!Qspkfdu!pg!uif!Djuz!pg!Tbo!Ejfhp/
)6*Uijt!cjmm!xpvme!efdmbsf!uibu!ju!jt!up!ublf!fggfdu!jnnfejbufmz
bt!bo!vshfodz!tubuvuf/
Bqqspqsjbujpo;!zft/
Uif!qfpqmf!pg!uif!Tubuf!pg!Dbmjgpsojb!ep!fobdu!bt!gpmmpxt;
TFDUJPO!2/Uif!Mfhjtmbuvsf!ifsfcz!oet!boe!efdmbsft!bmm!pg
uif!gpmmpxjoh;
)b*B!ovncfs!pg!ijtupsjdbm-!fevdbujpobm-!boe!dvmuvsbm!sftpvsdft
pg!sfhjpobm!boe!tubufxjef!tjhojdbodf!bsf!mpdbufe!xjuijo!boe
bekbdfou!up!uif!Dfousf!Djuz!Sfefwfmpqnfou!Qspkfdu!pg!uif!Djuz!pg
Tbo!Ejfhp/
)c*Tjhojdbou!qpsujpot!pg!uif!qspkfdu!bsfb!pg!uif!Dfousf!Djuz
Sfefwfmpqnfou!Qspkfdu!bsf!pxofe!cz!tubuf-!mpdbm-!boe!opoqspu
foujujft!boe!qspevdf!op!qspqfsuz!uby!sfwfovf!gps!boz!ubyjoh!foujuz/
Uijt!bdu!xjmm!qspwjef!b!vojrvf!pqqpsuvojuz!gps!sfwjubmj{bujpo!boe
jowftunfou!jo!uif!bsfb!xjuipvu!bewfstf!tdbm!jnqbdu!up!uif!tubuf/
)d*Uif!qsftfswbujpo!boe!gfbtjcmf!sfvtf!pg!uif!ijtupsjdbm-
fevdbujpobm-!boe!dvmuvsbm!sftpvsdft!pg!sfhjpobm!boe!tubufxjef
tjhojdbodf!boe!uif!dpnqmfujpo!pg!b!ovncfs!pg!nbkps!qvcmjd
jogsbtusvduvsf!jnqspwfnfout!bsf!fttfoujbm!up!fmjnjobuf!cmjhiu!boe
jnqspwf!uif!fdpopnjd!ifbmui!pg!uif!ofjhicpsippet!xijdi!tvsspvoe
boe!bsf!mpdbufe!xjuijo!uif!Dfousf!Djuz!Sfefwfmpqnfou!Qspkfdu/
)e*Ju!jt!uif!joufou!pg!uif!Mfhjtmbuvsf!up!qfsnju!uif!obodjoh!pg
uijt!qsftfswbujpo!boe!sfvtf!qspkfdu!boe!uif!dpotusvdujpo!pg!nbkps
qvcmjd!jogsbtusvduvsf!boe!pg!sfmbufe!qsjwbuf!efwfmpqnfou
jnqspwfnfout!up!gfbtjcmz!pddvs!cz!qspwjejoh!ofdfttbsz!qvcmjd
obodjoh!uibu!vujmj{ft!uby!jodsfnfou!sfwfovft-!uifsfcz!dsfbujoh
uif!nfbot!up!buusbdu!boe!joevdf!uif!ofdfttbsz!qsjwbuf!jowftunfou
pg!dbqjubm/
)f*Fwfsz!epmmbs!pg!uby!jodsfnfou!fyqfoefe!gps!uif!Dfousf!Djuz
Sfefwfmpqnfou!Qspkfdu!ibt!sftvmufe!jo!uif!jowftunfou!pg!b
tjhojdbou!nvmujqmf!pg!epmmbst!cz!qsjwbuf!foufsqsjtf!boe!uif!dsfbujpo
pg!uipvtboet!pg!dpotusvdujpo!boe!qfsnbofou!ofx!kpct/
:8
42
—!6!—
TC974
)g*Uif!dpnqmfujpo!pg!nbkps!qvcmjd!jogsbtusvduvsf!jnqspwfnfout
nbef!qpttjcmf!cz!uif!jnnfejbuf!jodsfbtf!jo!cpoejoh!dbqbdjuz
sftvmujoh!gspn!uijt!bdu!xjmm!cf!bddpnqmjtife!jo!b!dppsejobufe
nboofs!bt!qbsu!pg!uif!jnqmfnfoubujpo!pg!uif!Dfousf!Djuz
Sfefwfmpqnfou!Qspkfdu!boe!xjmm!sfmjfwf!puifs!tubuf!boe!mpdbm
hpwfsonfoubm!bhfodjft!gspn!uif!sftqpotjcjmjuz!pg!qspwjejoh!ps
gvoejoh!uiptf!jogsbtusvduvsf!jnqspwfnfout!boe!bmmpx!uifn!up!gpdvt
uifjs!mjnjufe!sftpvsdft!po!puifs!vshfou!qspkfdut/
TFD/!3/Tfdujpo!27253!pg!uif!Hpwfsonfou!Dpef!jt!bnfoefe
up!sfbe;
27253/)b*Uif!Tfdsfubsz!pg!uif!Obuvsbm!Sftpvsdft!Bhfodz
tibmm!ejsfdu!uif!Dpouspmmfs!up!qbz!boovbmmz!pvu!pg!uif!gvoet
bqqspqsjbufe!cz!Tfdujpo!27251-!up!fbdi!fmjhjcmf!dpvouz-!djuz-!ps
djuz!boe!dpvouz-!uif!gpmmpxjoh!bnpvout!gps!fbdi!bdsf!pg!mboe!xjuijo
jut!sfhvmbupsz!kvsjtejdujpo!uibu!jt!bttfttfe!qvstvbou!up!Tfdujpo!534-
534/4-!534/5-!ps!534/6-!ps!537!jg!ju!xbt!qsfwjpvtmz!bttfttfe!voefs
Tfdujpo!534/5-!pg!uif!Sfwfovf!boe!Ubybujpo!Dpef;
)2*Gjwf!epmmbst!)%6*!gps!qsjnf!bhsjdvmuvsbm!mboe-!bt!efofe!jo
Tfdujpo!62312/
)3*Pof!epmmbs!)%2*!gps!bmm!mboe-!puifs!uibo!qsjnf!bhsjdvmuvsbm
mboe-!xijdi!jt!efwpufe!up!pqfo.tqbdf!vtft!pg!tubufxjef!tjhojdbodf-
bt!efofe!jo!Tfdujpo!27254/
)c*Uif!bnpvou!qfs!bdsf!jo!qbsbhsbqi!)2*!pg!tvcejwjtjpo!)b*!nbz
cf!jodsfbtfe!cz!uif!Tfdsfubsz!pg!uif!Obuvsbm!Sftpvsdft!Bhfodz!up
b!hvsf!xijdi!xpvme!pggtfu!boz!tbwjoht!evf!up!b!npsf!sftusjdujwf
efufsnjobujpo!cz!uif!tfdsfubsz!bt!up!xibu!mboe!jt!efwpufe!up
pqfo.tqbdf!vtf!pg!tubufxjef!tjhojdbodf/
)d*Uif!bnpvou!qfs!bdsf!jo!tvcejwjtjpo!)b*!tibmm!pomz!cf!qbje
gps!21!zfbst!gspn!uif!ebuf!uibu!uif!mboe!xbt!stu!bttfttfe!qvstvbou
up!Tfdujpo!537!pg!uif!Sfwfovf!boe!Ubybujpo!Dpef-!jg!ju!xbt
qsfwjpvtmz!bttfttfe!voefs!Tfdujpo!534/5!pg!uibu!dpef/
)e*Opuxjuituboejoh!boz!puifs!qspwjtjpo!pg!mbx-!gps!uif!3119–1:
tdbm!zfbs!boe!fbdi!tdbm!zfbs!uifsfbgufs-!uif!Dpouspmmfs!tibmm
sfevdf-!cz!21!qfsdfou-!boz!qbznfou!nbef!qvstvbou!up!uijt!tfdujpo/
)f*)2*Fggfdujwf!Kbovbsz!2-!3122-!jg!uif!qbznfou!qvstvbou!up
uijt!tfdujpo!gps!uif!qsfwjpvt!tdbm!zfbs!jt!mftt!uibo!pof.ibmg!pg!uif
qbsujdjqbujoh!dpvouz’t!bduvbm!gpsfhpof!hfofsbm!gvoe!qspqfsuz!uby
sfwfovf-!uif!dpvouz!nbz!nblf!b!efufsnjobujpo!up!jnqmfnfou
tvcejwjtjpo!)c*!pg!Tfdujpo!62355!boe!Tfdujpo!62355/4/!Uif
jnqmfnfoubujpo!pg!uiftf!tfdujpot!tibmm!cf!tvtqfoefe!gps!boz
:8
43
—!7!—
TC974
tvctfrvfou!tdbm!zfbs!jo!xijdi!uif!qbznfou!gps!uif!qsfwjpvt!tdbm
zfbs!fydffet!pof.ibmg!pg!uif!gpsfhpof!hfofsbm!gvoe!qspqfsuz!uby
sfwfovf/
Gps!qvsqptft!pg!uijt!tvcejwjtjpo-!b!dpvouz’t!bduvbm!gpsfhpof
qspqfsuz!uby!sfwfovf!tibmm!cf!cbtfe!po!uif!dpvouz’t!sftqfdujwf
tibsf!pg!uif!hfofsbm!qspqfsuz!uby!epmmbst!bt!sffdufe!jo!uif!nptu
sfdfou!boovbm!sfqpsu!jttvfe!cz!uif!Tubuf!Cpbse!pg!Frvbmj{bujpo!ps
31!qfsdfou-!xijdifwfs!jt!ijhifs/
)3*Uijt!tvcejwjtjpo!tibmm!sfnbjo!pqfsbujwf!pomz!voujm!Kbovbsz
2-!3126/
TFD/!4/Tfdujpo!27253/2!pg!uif!Hpwfsonfou!Dpef!jt!bnfoefe
up!sfbe;
27253/2/)b*Jo!mjfv!pg!uif!qbznfout!nbef!qvstvbou!up!Tfdujpo
27253-!jo!b!dpvouz!uibu!ibt!bepqufe!gbsnmboe!tfdvsjuz!{poft
qvstvbou!up!Tfdujpo!623:7-!uif!Tfdsfubsz!pg!uif!Obuvsbm!Sftpvsdft
Bhfodz!tibmm!ejsfdu!uif!Dpouspmmfs!up!qbz!boovbmmz!pvu!pg!uif!gvoet
bqqspqsjbufe!cz!Tfdujpo!27251-!up!fbdi!fmjhjcmf!dpvouz-!djuz-!ps
djuz!boe!dpvouz-!uif!gpmmpxjoh!bnpvou!gps!fbdi!bdsf!pg!mboe!xjuijo
jut!sfhvmbupsz!kvsjtejdujpo!uibu!jt!bttfttfe!qvstvbou!up!Tfdujpo!534/5
ps!537!pg!uif!Sfwfovf!boe!Ubybujpo!Dpef-!jg!ju!xbt!qsfwjpvtmz
bttfttfe!voefs!Tfdujpo!534/5!pg!uibu!dpef;
Fjhiu!epmmbst!)%9*!gps!mboe!uibu!jt!xjuijo-!ps!xjuijo!uisff!njmft
pg!uif!cpvoebsjft!pg!uif!tqifsf!pg!jovfodf!pg-!fbdi!jodpsqpsbufe
djuz/
)c*Uif!bnpvou!qfs!bdsf!jo!tvcejwjtjpo!)b*!tibmm!pomz!cf!qbje
gps!21!zfbst!gspn!uif!ebuf!uibu!uif!mboe!xbt!stu!bttfttfe!qvstvbou
up!Tfdujpo!537!pg!uif!Sfwfovf!boe!Ubybujpo!Dpef-!jg!ju!xbt
qsfwjpvtmz!bttfttfe!voefs!Tfdujpo!534/5!pg!uibu!dpef/!Uif
bqqspqsjbujpo!bvuipsj{fe!cz!uijt!tvcejwjtjpo!tibmm!opu!fydffe!pof
ivoesfe!uipvtboe!epmmbst!)%211-111*!qfs!zfbs!voujm!3116/
)d*Opuxjuituboejoh!boz!puifs!qspwjtjpo!pg!mbx-!gps!uif!3119–1:
tdbm!zfbs!boe!fbdi!tdbm!zfbs!uifsfbgufs-!uif!Dpouspmmfs!tibmm
sfevdf-!cz!21!qfsdfou-!boz!qbznfout!nbef!qvstvbou!up!uijt!tfdujpo/
)e*)2*Fggfdujwf!Kbovbsz!2-!3122-!jg!uif!qbznfou!qvstvbou!up
uijt!tfdujpo!gps!uif!qsfwjpvt!tdbm!zfbs!jt!mftt!uibo!pof.ibmg!pg!uif
qbsujdjqbujoh!dpvouz’t!bduvbm!gpsfhpof!hfofsbm!gvoe!qspqfsuz!uby
sfwfovf-!uif!dpvouz!nbz!nblf!b!efufsnjobujpo!up!jnqmfnfou
tvcejwjtjpo!)c*!pg!Tfdujpo!62355!boe!Tfdujpo!62355/4/!Uif
jnqmfnfoubujpo!pg!uiftf!tfdujpot!tibmm!cf!tvtqfoefe!gps!boz
tvctfrvfou!tdbm!zfbs!jo!xijdi!uif!qbznfou!gps!uif!qsfwjpvt!tdbm
:8
44
—!8!—
TC974
zfbs!fydffet!pof.ibmg!pg!uif!gpsfhpof!hfofsbm!gvoe!qspqfsuz!uby
sfwfovf/
Gps!qvsqptft!pg!uijt!tvcejwjtjpo-!b!dpvouz’t!bduvbm!gpsfhpof
qspqfsuz!uby!sfwfovf!tibmm!cf!cbtfe!po!uif!dpvouz’t!sftqfdujwf
tibsf!pg!uif!hfofsbm!qspqfsuz!uby!epmmbst!bt!sffdufe!jo!uif!nptu
sfdfou!boovbm!sfqpsu!jttvfe!cz!uif!Tubuf!Cpbse!pg!Frvbmj{bujpo!ps
31!qfsdfou-!xijdifwfs!jt!ijhifs/
)3*Uijt!tvcejwjtjpo!tibmm!sfnbjo!pqfsbujwf!pomz!voujm!Kbovbsz
2-!3126/
TFD/!5/Tfdujpo!27259!jt!beefe!up!uif!Hpwfsonfou!Dpef-!up
sfbe;
27259/Ufo!njmmjpo!epmmbst!)%21-111-111*!jt!bqqspqsjbufe!gps
uif!3121–22!tdbm!zfbs!gspn!uif!Hfofsbm!Gvoe!up!uif!Dpouspmmfs
up!nblf!tvcwfoujpo!qbznfout!up!dpvoujft!qvstvbou!up!Tfdujpo!27251
jo!qspqpsujpo!up!uif!mpttft!jodvssfe!cz!uiptf!dpvoujft!cz!sfbtpo!pg
uif!sfevdujpo!pg!bttfttfe!qspqfsuz!ubyft/
TFD/!6/Tfdujpo!62355!pg!uif!Hpwfsonfou!Dpef!jt!bnfoefe
up!sfbe;
62355/)b*Fbdi!dpousbdu!tibmm!cf!gps!bo!jojujbm!ufsn!pg!op!mftt
uibo!21!zfbst/!Fbdi!dpousbdu!tibmm!qspwjef!uibu!po!uif!boojwfstbsz
ebuf!pg!uif!dpousbdu!ps!tvdi!puifs!boovbm!ebuf!bt!tqfdjfe!cz!uif
dpousbdu!b!zfbs!tibmm!cf!beefe!bvupnbujdbmmz!up!uif!jojujbm!ufsn
vomftt!opujdf!pg!oposfofxbm!jt!hjwfo!bt!qspwjefe!jo!Tfdujpo!62356/
)c*)2*Jg!uif!dpvouz!nblft!b!efufsnjobujpo!qvstvbou!up
tvcejwjtjpo!)f*!pg!Tfdujpo!27253!ps!tvcejwjtjpo!)e*!pg!Tfdujpo
27253/2-!dpousbdut!tibmm!cf!gps!b!ufsn!pg!op!mftt!uibo!ojof!zfbst
gps!dpousbdut!dvssfoumz!21!zfbst!jo!mfohui!ps!29!zfbst!gps!dpousbdut
dvssfoumz!31!zfbst!jo!mfohui-!bt!uif!dbtf!nbz!cf/!Gps!ofx!dpousbdut
foufsfe!joup!evsjoh!b!zfbs!jo!xijdi!uijt!tvcejwjtjpo!jt!jo!fggfdu-
uif!jojujbm!dpousbdu!mfohui!tibmm!cf!fjuifs!:!ps!29!zfbst/!Fbdi
dpousbdu!tibmm!qspwjef-!fydfqu!jo!uif!jojujbm!zfbs!pg!uif
efufsnjobujpo-!uibu!po!uif!boojwfstbsz!ebuf!pg!uif!dpousbdu!ps!tvdi
puifs!boovbm!ebuf!bt!tqfdjfe!cz!uif!dpousbdu-!b!zfbs!tibmm!cf!beefe
bvupnbujdbmmz!up!uif!jojujbm!ufsn!vomftt!opujdf!pg!oposfofxbm!jt
hjwfo!bt!qspwjefe!jo!Tfdujpo!62356/
Jo!boz!tvctfrvfou!zfbs!evsjoh!uif!sfevdfe!ufsn!pg!dpousbdu!jo
xijdi!jodsfbtfe!sfwfovf!jt!opu!sfbmj{fe!cz!uif!dpvouz!qvstvbou!up
Tfdujpo!62355/4-!uxp!ps!uisff!beejujpobm!zfbst!tibmm!cf!beefe!up
uif!dpousbdu!po!uif!ofyu!boojwfstbsz!ebuf-!bt!ofdfttbsz-!up!sftupsf
uif!dpousbdu!up!jut!gvmm!21.zfbs!ps!31.zfbs!dpousbdu!mfohui/
:8
45
—!9!—
TC974
)3*Jo!boz!zfbs!jo!xijdi!uijt!tvcejwjtjpo!jt!jnqmfnfoufe-!uif
dpvouz!tibmm!sfdpse!b!opujdf!uibu!tubuft!uif!bggfdufe!qbsdfm!ovncfs
ps!ovncfst!boe!dvssfou!pxofs’t!obnft-!ps-!bmufsobujwfmz-!uif!tbnf
jogpsnbujpo!gps!uiptf!qbsdfmt!uibu!bsf!opu!bggfdufe/
)4*Bo!beejujpo!up!uif!bttfttfe!wbmvf!tibmm!cf!dpowfzfe!up!uif
bvejups-!dpotjtufou!xjui!uif!21.qfsdfou!sfevdujpo!jo!uif!mfohui!pg
uif!sftusjdujpo-!frvbm!up!21!qfsdfou!pg!uif!ejggfsfodf!cfuxffo!uif
wbmvbujpo!qvstvbou!up!Tfdujpo!534-!534/4-!ps!534/6!pg!uif!Sfwfovf
boe!Ubybujpo!Dpef-!bt!bqqmjdbcmf-!boe!uif!wbmvbujpo!voefs
tvcejwjtjpo!)c*!pg!Tfdujpo!62!ps!Tfdujpo!221/2!pg!uif!Sfwfovf!boe
Ubybujpo!Dpef!xijdifwfs!jt!mpxfs/!Jg!uif!wbmvbujpo!voefs
tvcejwjtjpo!)c*!pg!Tfdujpo!62!ps!Tfdujpo!221/2!pg!uif!Sfwfovf!boe
Ubybujpo!Dpef!jt!mpxfs-!uif!beejujpo!up!uif!bttfttfe!wbmvf!tibmm
cf!{fsp/!Uif!jodsfbtfe!bnpvou!pg!uby!sfwfovf!uibu!sftvmut!gspn!uif
efdsfbtf!jo!sftusjdujpo!tibmm!cf!tfqbsbufmz!ejtqmbzfe!po!uif
ubyqbzfs’t!boovbm!cjmm/
)5*B!mboepxofs!nbz!fmfdu!up!tfswf!opujdf!pg!oposfofxbm!jotufbe
pg!bddfqujoh!b!:.zfbs!ps!29.zfbs!dpousbdu-!bt!uif!dbtf!nbz!cf/!Jo
uibu!dbtf-!uif!beejujpobm!bttfttfe!wbmvf!tibmm!opu!cf!beefe!up!uif
qspqfsuz!bt!qspwjefe!gps!jo!qbsbhsbqi!)4*/
Gps!qvsqptft!pg!uijt!tvcejwjtjpo-!b!mboepxofs!nbz!tfswf!opujdf
pg!oposfofxbm!bu!boz!ujnf/!Ipxfwfs-!b!mboepxofs!xip!xjuiesbxt
uibu!opujdf!qsjps!up!uif!fggfdujwf!ebuf!tibmm!cf!tvckfdu!up!ufsn
npejdbujpo!boe!beejujpobm!bttfttfe!wbmvf/!Podf!tfswfe!boe
fggfdujwf-!b!mboepxofs!oposfofxbm!opujdf!nbz!opu!cf!xjuiesbxo
fydfqu!gps!dbvtf!boe!xjui!uif!dpotfou!pg!uif!dpvouz/!B!dpvouz!nbz
bepqu!bnfoenfout!up!jut!vojgpsn!svmft!up!gbdjmjubuf!jnqmfnfoubujpo
pg!uijt!tvcejwjtjpo!evsjoh!uif!3121–22!tdbm!zfbs-!boe!uifsfbgufs
bt!ofdfttbsz/
)6*Jo!beejujpo!up!boz!puifs!opujdf!sfrvjsfnfout-!b!dpvouz!tibmm
qspwjef!b!mboepxofs!voefs!dpousbdu!xjui!ujnfmz!xsjuufo!opujdf!pg
bmm!pg!uif!gpmmpxjoh;
)B*Boz!jojujbm!ifbsjoh!cz!uif!dpvouz!po!b!qspqptbm!up!bepqu!ps
sftdjoe!uif!jnqmfnfoubujpo!pg!uijt!tvcejwjtjpo/
)C*Boz!obm!efdjtjpo!sfhbsejoh!uif!bepqujpo!ps!sftdjttjpo!pg
jnqmfnfoubujpo!pg!uijt!tvcejwjtjpo/
)D*Uif!mboepxofs’t!sjhiu!up!qsfwfou!uif!sfevdujpo!jo!uif!ufsn
pg!ijt!ps!ifs!dpousbdu!qvstvbou!up!uijt!tvcejwjtjpo!cz!tfswjoh!opujdf
pg!oposfofxbm!bt!tqfdjfe!cz!Tfdujpo!62356/!Uijt!oposfofxbm
:8
46
—!:!—
TC974
opujdf!nbz!cf!dpncjofe!xjui!uif!oposfofxbm!opujdf!jo
tvcqbsbhsbqi!)C*/
)7*B!dpvouz!tibmm!opu!npejgz!ps!sfwbmvf!b!mboepxofs’t!dpousbdu
qvstvbou!up!uijt!tvcejwjtjpo!vomftt!uif!mboepxofs!jt!hjwfo!bu!mfbtu
:1!ebzt’!opujdf!pg!uif!pqqpsuvojuz!up!qsfwfou!uif!npejdbujpo!boe
sfwbmvbujpo!cz!tfswjoh!opujdf!pg!oposfofxbm!boe!uif!mboepxofs
gbjmt!up!tfswf!opujdf!pg!oposfofxbm/!Uif!dpvouz!nbz!vtf!uif!qsjnbsz
pxofs!pg!sfdpse!gspn!uif!bttfttnfou!spmm!up!jefoujgz!mboepxofst
foujumfe!up!sfdfjwf!opujdf!voefs!uijt!tvcejwjtjpo/!B!mboepxofs!tibmm
cf!bewjtfe!pg!uif!mboepxofs’t!sjhiu!up!bwpje!dpoujovfe!jnqptjujpo
pg!uijt!tvcejwjtjpo!jo!boz!gvuvsf!zfbs!boe!uifsfbgufs!cz!tfswjoh!b
opujdf!pg!oposfofxbm!gps!uibu!dpousbdu!zfbs/!Gbjmvsf!pg!uif
mboepxofs!up!tfswf!ujnfmz!opujdf!pg!oposfofxbm!jo!boz!zfbs!tibmm
cf!dpotjefsfe!jnqmjfe!dpotfou!up!uif!jnqmfnfoubujpo!pg!uijt
tvcejwjtjpo!gps!uibu!zfbs/
Voujm!Gfcsvbsz!2-!3122-!uif!:1.ebz!opujdf!sfrvjsfnfou!nbz!cf
sfevdfe!up!71!ebzt!jg!uif!dpvouz!bepqut!b!qspdfevsf!up!bmmpx
mboepxofst!up!tfswf!b!opujdf!pg!oposfofxbm/
)8*Uijt!tvcejwjtjpo!tibmm!opu!bqqmz!up!boz!pg!uif!gpmmpxjoh;
)B*Dpousbdut!uibu!ibwf!cffo!oposfofxfe/
)C*Dpousbdut!xjui!djujft/
)D*Pqfo.tqbdf!ps!bhsjdvmuvsbm!fbtfnfout/
)E*Tdfojd!sftusjdujpot/
)F*Xjmemjgf!ibcjubu!dpousbdut/
)G*Buzqjdbm!ufsn!dpousbdut-!jodmvejoh-!cvu!opu!mjnjufe!up-!31.zfbs
jojujbm!ufsn!dpousbdut!efdmjojoh!up!21!zfbst-!ps!sffodvncsbodft
qvstvbou!up!Tfdujpo!623:6-!jg!uif!dpvouz’t!cpbse!pg!tvqfswjtpst
efufsnjoft!uif!bqqmjdbujpo!pg!uijt!tvcejwjtjpo!up!uifn!xpvme!cf
jofrvjubcmf!ps!benjojtusbujwfmz!jogfbtjcmf/
)9*Uijt!tvcejwjtjpo!tibmm!sfnbjo!pqfsbujwf!pomz!voujm!Kbovbsz
2-!3126/
TFD/!7/Tfdujpo!62355/4!jt!beefe!up!uif!Hpwfsonfou!Dpef-!up
sfbe;
62355/4/)b*Uijt!tfdujpo!tibmm!bqqmz!up!qspqfsujft!voefs!b
:.zfbs!ps!29.zfbs!dpousbdu-!bt!uif!dbtf!nbz!cf-!qvstvbou!up
tvcejwjtjpo!)c*!pg!Tfdujpo!62355/!Opuxjuituboejoh!boz!puifs
qspwjtjpo!up!uif!dpousbsz-!jodsfbtfe!sfwfovft!hfofsbufe!cz!uiptf
qspqfsujft!tibmm!cf!bmmpdbufe!fydmvtjwfmz!up!uif!sftqfdujwf!dpvoujft
jo!xijdi!uiptf!qspqfsujft!bsf!mpdbufe/
:8
47
—!21!—
TC974
)c*Uijt!tfdujpo!tibmm!pomz!bqqmz!jg!uif!dpvouz!nblft!b
efufsnjobujpo!qvstvbou!up!fjuifs!Tfdujpo!27253!ps!Tfdujpo!27253/2/
)d*Uijt!tfdujpo!tibmm!sfnbjo!jo!fggfdu!pomz!voujm!Kbovbsz!2-!3126-
boe!bt!pg!uibu!ebuf!jt!sfqfbmfe-!vomftt!b!mbufs!fobdufe!tubuvuf-!uibu
jt!fobdufe!cfgpsf!Kbovbsz!2-!3126-!efmfuft!ps!fyufoet!uibu!ebuf/
TFD/!8/Tfdujpo!44444/25!jt!beefe!up!uif!Ifbmui!boe!Tbgfuz
Dpef-!up!sfbe;
44444/25/)b*Uif!Mfhjtmbuvsf!ifsfcz!oet!boe!efdmbsft!uibu
uif!Sfefwfmpqnfou!Bhfodz!pg!uif!Djuz!pg!Tbo!Ejfhp’t
Sfefwfmpqnfou!Qmbo!gps!uif!Dfousf!Djuz!Sfefwfmpqnfou!Qspkfdu-
bt!bqqspwfe!boe!bepqufe!po!Nbz!22-!2::3-!cz!uif!Djuz!Dpvodjm
pg!uif!Djuz!pg!Tbo!Ejfhp!cz!Psejobodf!Op/!1.28878-!bt!bnfoefe-
dpoubjot!bo!vosfbmjtujdbmmz!mpx!epmmbs!mjnju!po!uif!sfdfjqu!pg!uby
jodsfnfou/!Uif!Mfhjtmbuvsf!gvsuifs!oet!boe!efdmbsft!uibu!uijt!mjnju
tfwfsfmz!sftusjdut!uif!bcjmjuz!pg!uif!Sfefwfmpqnfou!Bhfodz!pg!uif
Djuz!pg!Tbo!Ejfhp!up!beesftt!dpoejujpot!pg!cmjhiu!xijdi!sfnbjo
xjuijo!jut!Dfousf!Djuz!Sfefwfmpqnfou!Qspkfdu/
)c*Opuxjuituboejoh!boz!puifs!mbx!up!uif!dpousbsz!ps!boz
sfefwfmpqnfou!qmbo!qsfwjpvtmz!bepqufe!cz!uif!Djuz!pg!Tbo!Ejfhp-
dpnnfodjoh!po!uif!fggfdujwf!ebuf!pg!uijt!tfdujpo!boe!jo!fbdi!tdbm
zfbs!uifsfbgufs!voujm!uif!fyqjsbujpo!pg!uif!ujnf!mjnju!po!uif!sfdfjqu
pg!ubyft!boe!sfqbznfou!pg!joefcufeoftt!tfu!gpsui!jo!uif
sfefwfmpqnfou!qmbo!bepqufe!cz!uif!Djuz!pg!Tbo!Ejfhp!gps!jut!Dfousf
Djuz!Sfefwfmpqnfou!Qspkfdu!qvstvbou!up!tvcejwjtjpo!)c*!pg!Tfdujpo
44444/7!boe!puifs!bqqmjdbcmf!tubuvuft-!uif!epmmbs!mjnju!po!uif!sfdfjqu
pg!uby!jodsfnfou!gps!uif!Dfousf!Djuz!Sfefwfmpqnfou!Qspkfdu!jt
fmjnjobufe-!boe!uif!Sfefwfmpqnfou!Bhfodz!pg!uif!Djuz!pg!Tbo
Ejfhp!nbz!sfdfjwf!uby!jodsfnfou!sfwfovf!gspn!uif!Dfousf!Djuz
Sfefwfmpqnfou!Qspkfdu!xjuipvu!b!epmmbs!mjnju/
TFD/!9/Tfdujpo!447:2/6!jt!beefe!up!uif!Ifbmui!boe!Tbgfuz
Dpef-!up!sfbe;
447:2/6/)b*B!sfefwfmpqnfou!bhfodz!uibu!gbjmt!up!bmmpdbuf!up
uif!dpvouz!bvejups!fjuifs!ps!cpui!pg!uif!gvmm!sfnjuubodft!sfrvjsfe
qvstvbou!up!tvcejwjtjpo!)b*!pg!Tfdujpo!447:1!ps!tvcejwjtjpo!)b*!pg
Tfdujpo!447:1/6-!sftqfdujwfmz-!ps!uibu!gbjmt!up!bssbohf!gps!gvmm
qbznfou!pg!fjuifs!ps!cpui!pg!uiptf!sfnjuubodft!qvstvbou!up
tvcejwjtjpo!)d*!pg!Tfdujpo!44799-!tvcejwjtjpo!)e*!pg!Tfdujpo!447:2-
ps!Tfdujpo!447:3-!tibmm!cf!fyfnqu!gspn!uif!qspijcjujpot!tfu!gpsui
jo!tvcejwjtjpo!)f*!pg!Tfdujpo!447:2!boe!uif!sfrvjsfnfou!tfu!gpsui
jo!qbsbhsbqi!)5*!pg!tvcejwjtjpo!)l*!pg!Tfdujpo!44445/3-!jg!uif!dpvouz
:8
48
—!22!—
TC974
bvejups!dfsujft!up!uif!Efqbsunfou!pg!Gjobodf!uibu!bmm!pg!uif
gpmmpxjoh!dpoejujpot!ibwf!cffo!nfu;
)2*Uif!bhfodz!bepqufe!uif!sftpmvujpo!eftdsjcfe!jo!qbsbhsbqi
)2*!ps!qbsbhsbqi!)3*!pg!tvcejwjtjpo!)d*!pg!Tfdujpo!447:2-!boe!gbjmfe
up!nblf!uif!gvmm!sfnjuubodf!cz!Nbz!21-!3121-!ps!Nbz!21-!3122-!bt
bqqmjdbcmf-!qvstvbou!up!Tfdujpo!447:3/
)3*Uif!dpvouz!sfevdfe!uif!uby!jodsfnfou!sfwfovf!qbzbcmf!up
uif!bhfodz!cz!bu!mfbtu!31!qfsdfou!jo!uif!311:–21!tdbm!zfbs/
)4*Uif!bhfodz!ibt!foufsfe!joup!bo!bhsffnfou!xjui!uif
Efqbsunfou!pg!Gjobodf-!bt!eftdsjcfe!jo!tvcejwjtjpo!)e*!pg!Tfdujpo
447:2-!xjui!sftqfdu!up!fjuifs!ps!cpui!pg!uif!gvmm!sfnjuubodft-!boe
uibu!bhsffnfou!)B*!dpnnjut!uif!bhfodz!up!qbzjoh!uif!sfnbjojoh
bnpvou!evf!up!tbujtgz!fjuifs!ps!cpui!pg!uif!gvmm!sfnjuubodft!pwfs!b
ujnf!qfsjpe!pg!op!npsf!uibo!uif!fbsmjfs!pg!41!zfbst!ps!uif!mjgf!pg
uif!sfefwfmpqnfou!bhfodz!boe!)C*!sfrvjsft!uif!stu!qbznfou
upxbset!uibu!pcmjhbujpo!up!cf!evf!up!uif!dpvouz!po!ps!cfgpsf!Nbz
21-!3122-!xjuipvu!sfhbse!up!xifuifs!uibu!qbznfou!jt!gps!uif!gvmm
sfnjuubodf!gps!uif!311:–21!tdbm!zfbs-!3121–22!tdbm!zfbs-!ps
cpui/
)c*Bo!bhfodz!uibu!jt!nbljoh!qbznfout!bt!eftdsjcfe!jo!qbsbhsbqi
)4*!pg!tvcejwjtjpo!)b*!nbz!vtf!bmm!mfhbmmz!bwbjmbcmf!gvoet!up!nblf
uiptf!qbznfout-!boe!nbz!qbz!pgg!uif!pvutuboejoh!cbmbodf!pg!fjuifs
ps!cpui!pg!uiptf!gvmm!sfnjuubodft!bu!boz!ujnf/
TFD/!:/)b*Jg!uijt!bdu!jt!fobdufe!cz!uif!Mfhjtmbuvsf!jo!uif
311:–21!Sfhvmbs!Tfttjpo-!Dibqufs!4:2!pg!uif!Tubuvuft!pg!3121
tibmm!opu!cfdpnf!fggfdujwf/
)c*Ju!jt!uif!Mfhjtmbuvsf’t!joufou!up!nblf!uif!pqujpot!jo!Tfdujpot
3-!4-!6-!boe!7!pg!uijt!bdu!bwbjmbcmf-!cvu!opu!sfrvjsfe-!gps!vtf!cz
dpvoujft!boe!mboepxofst!gps!uif!3121–22!tdbm!zfbs-!jg!gfbtjcmf-
boe!op!mbufs!uibo!uif!3122–23!tdbm!zfbs/
TFD/!21/Uif!Mfhjtmbuvsf!oet!boe!efdmbsft!uibu!b!tqfdjbm!mbx
jt!ofdfttbsz!boe!uibu!b!hfofsbm!mbx!dboopu!cf!nbef!bqqmjdbcmf
xjuijo!uif!nfbojoh!pg!Tfdujpo!27!pg!Bsujdmf!JW!pg!uif!Dbmjgpsojb
Dpotujuvujpo!cfdbvtf!pg!uif!vojrvf!djsdvntubodft!gbdjoh!uif!Dfousf
Djuz!Sfefwfmpqnfou!Qspkfdu!pg!uif!Djuz!pg!Tbo!Ejfhp/
TFD/!22/Uijt!bdu!jt!bo!vshfodz!tubuvuf!ofdfttbsz!gps!uif
jnnfejbuf!qsftfswbujpo!pg!uif!qvcmjd!qfbdf-!ifbmui-!ps!tbgfuz!xjuijo
uif!nfbojoh!pg!Bsujdmf!JW!pg!uif!Dpotujuvujpo!boe!tibmm!hp!joup
jnnfejbuf!fggfdu/!Uif!gbdut!dpotujuvujoh!uif!ofdfttjuz!bsf;
:8
49
—!23!—
TC974
Up!tvqqpsu!tubuf!boe!mpdbm!hpwfsonfout!evsjoh!uif!dvssfou
fdpopnjd!dsjtjt-!ju!jt!ofdfttbsz!uibu!uijt!cjmm!hp!joup!jnnfejbuf
fggfdu/
:8
50
E X H I B I T “A” O F R E S O L U T I O N 07- 021
OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
Butte County Administrative Procedures and Uniform Rules for
Implementing the California Land Conservation (Williamson) Act
Pursuant to AB 2530 (Nielsen)
January 23, 2007
Policy, Procedures and Rules Declaration
(Rule 5.A.5.d REV. March 30, 2010, Reso. 10-052)
(AB 2530 Revisions adopted Nov. 23, 2010; effective January 1, 2011. Reso. ______)
Butte County’s objective in implementing the California Land Conservation Act of 1965
(also referred to in these rules and procedures as the Williamson Act) Chapter 7,
commencing with Section 51200, of Part 1, of Division 1, of Title 5, of the California
Government Code is the promotion of agricultural productivity and the preservation of
agricultural land and open space lands by discouraging premature and unnecessary
conversion to urban uses.
Implementation of the Williamson Act by Butte County in 2011 is based on amended
rules for contract terms and amended timeframes for notices of nonrenewal, effective
January 1, 2011. These amendments do not apply to contracts already nonrenewed,
contracts with cities, open-space or agricultural easements, scenic restrictions, or wildlife
habitat easements. These amendments shall remain in effect only until January 1, 2012,
and as of that date shall be rescinded, unless otherwise directed by statute or the Board
of Supervisors. \[AB 2530 effective Jan. 1, 2011\].
The County’s Resolution to implement the Williamson Act provides a common set of
rules and procedures that apply to the standards and categories of property eligibility,
the permitted and compatible land uses and restrictions on Williamson Act contract
lands, procedures for creation and termination of Williamson Act contracts, and
procedures for compliance monitoring and enforcement.
A Williamson Act contract is an agreement entered into voluntarily and with full
knowledge of the benefits and requirements of the Williamson Act, by and between the
property owner and the County, to restrict the use of the land for agricultural, open space
and compatible uses for a minimum term of ten (10)nine (9) years, in return for a
reduction in property taxes on the land. \[AB 2530 effective Jan. 1, 2011\].
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
51
-052 Page 1
Reso. 10
RULE 1 GENERAL PROVISIONS
A.Short Chapter Citation. These rules and procedures shall be known
and may be cited as the “Butte County Williamson Act Uniform Rules and
Procedures”. In these rules and procedures the terms Land Conservation
Act and Williamson Act are used interchangeably.
B.General Rules for Interpretation. Terms used in these rules and
procedures shall be as defined in Section 51201 of the California
Government Code, or other applicable codes as referenced herein.
Words in the present tense shall include the future; the singular shall
include the plural; the word “shall” is mandatory and not directory.
Whenever reference is made to any portion of these rules and procedures
or any other ordinance, resolution or law, the reference shall apply to all
amendments and additions now or hereafter made.
C.Regulations. Regulations set forth in this document and the provisions
of the California Land Conservation Act of 1965 as set forth in the
Government Code, must be complied with. In the case of inconsistency
the more restrictive of the two shall apply. The rules and procedures
described and detailed in this document are also referred to herein as
“regulations”.
D. Designation of the Lead Department. The Butte County Department of
Development Services, Planning Division shall be the lead County
department for all Williamson Act program management, inclusion
applications, Williamson Act contract non-renewals, and contract
cancellations.
RULE 2 REGULATION OF USES
A.General. Use of land under a Williamson Act contract shall be in
accordance with State Williamson Act regulations, and these policies,
rules and procedures. The determination of consistency of a use with the
Williamson Act does not in itself entitle the landowner to that use. The
proposed use is also subject to all County, State, and federal laws and
regulations. Where there is a conflict between these rules and procedures
and other governmental laws and regulations the more restrictive shall
prevail.
B.Determination of Compatibility of Uses with the Williamson Act.
A use may be allowed on Williamson Act contracted land when the Board
of Supervisors determines the use to be compatible with the Williamson
Act, per the three principles of compatibility in Section 51238.1(a), and
consistent with these rules and procedures. A determination of
compatibility may be made in one of the following ways:
1. At the request of the Director of the Department of Development
Services, the LCA Committee will convene and assess the
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
52
-052 Page 2
Reso. 10
compatibility of a proposed use. The Committee shall make a
determination of compatibility or non-compatibility for the proposed
use with the Williamson Act. For conditional uses, the Committee
may recommend conditions or mitigations that would be required to
make the use compatible with the Williamson Act. Compatibility
determinations of the LCA Committee shall be reported to the Board
of Supervisors as recommendations.
2. A determination of compatibility may be made in one of the following
ways:
a. On a case-by-case basis, the Director of the Department of
Development Services or her/his designee shall review all
requests for an initial determination of compatibility of a use
with the Williamson Act and these rules and procedures. The
Director’s initial determination shall be reported to the LCA
Committee by informational memorandum and agendized for
review. The LCA Committee shall review the Director’s
determination and make a recommendation to the Board of
Supervisors.
b. In cases where the Director of Development Services
determines that a compatibility finding is not clear, the Director
shall refer the case directly to the LCA Committee. The
Committee may make a determination of compatibility or non-
compatibility for the proposed application in the form of a
recommendation to the Board of Supervisors.
3. While the LCA Committee makes determinations of compatibility of
uses with the Williamson Act, consideration of land use entitlement
applications, including but not limited to use permits and mining
permits, are the responsibility of the Butte County Planning
Commission. In such cases, the Planning Commission approval is
“conditional”, pending a Board of Supervisors determination of the
compatibility of the use with the Williamson Act per Section 51238.1.
In the case of use compatibility determinations related to a land use
entitlement application, the Board’s determination is reported to the
Planning Commission by informational memorandum.
RULE 3 QUALIFYING USES ON WILLIAMSON ACT LAND
A.Uses that Qualify as Primary Agricultural Uses. Per Section 51238.1
the Board of Supervisors has determined that the following uses are
compatible with the Williamson Act. The determination that the uses
listed below are compatible with the Williamson Act does not in itself
entitle the landowner to these uses. The uses listed below are also
subject to all County, State, and federal laws and regulations. The more
restrictive regulation, whether Williamson Act or other government code
shall apply. Except as otherwise provided in these rules and procedures,
the following uses qualify as compatible uses on land for inclusion in the
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
53
-052 Page 3
Reso. 10
Williamson Act. The LCA Committee shall, on a case by case basis as
necessary, consider and make a recommendation to the Board
concerning whether a proposed use is consistent with uses including but
not limited to the following compatible uses:
1. General farming, ranching, horticulture, commercial
livestock production (including hog ranches, dairies, dairy
and beef cattle feedlots), commercial poultry production,
and similar activities (except as limited by Rule 3.C.
below).
2. Livestock pastures and grazing.
3. Aquaculture facilities.
4. Operation of apiaries.
5. Cultivation of tree, vine, row and field crops.
6. Growing of ornamental and agricultural nursery stock.
7. Greenhouse structures.
8. Growing of Christmas trees.
9. Prime agricultural lands fallow for not more than three
years out of five.
10. Processing, packing, selling and/or shipping of agricultural
products per Butte County Zoning Code Section 24-9- (b)
(3).
11. Customary agricultural buildings, structures, and
necessary equipment for the maintenance and support of
the uses listed above.
12. One single-family residence or modular home for persons
working in direct support of agricultural production on the
Williamson Act contracted land. One such residence is
allowed on each legally-created parcel within the
contracted lands that conforms to minimum acreage
standards in TABLE ONE of Rule 5.
13. Agricultural Employee Housing facilities (including
manufactured homes) to accommodate only agricultural
employees and their families. This agricultural worker
housing is allowed in the Butte County “Agricultural” zoning
districts only pursuant to zoning code Section 24-90 (a) (5).
14. The drilling for hydrocarbon, including the installation and
use of such equipment, structures, and facilities as are
necessary per Section 51238, so long as these activities
do not interrupt or impair the primary agricultural use or
secondary approved compatible use on the land.
15. Water storage reservoirs and irrigation areas which are
required for the direct support of the agricultural operations
on Williamson Act contracted land. Private recreational
lakes arenot compatible uses on Williamson Act land.
B.Accessory Uses to Primary Agricultural Uses. Per Section 51238.1
the Board of Supervisors has determined that the following are
compatible accessory uses, as long as they are incidental, related,
appropriate, and clearly subordinate to the primary agricultural use (as
provided in Rule 3 A) which do not significantly alter or inhibit the primary
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
54
-052 Page 4
Reso. 10
use on the land. The accessory uses listed below must also be in
conformance with all County, State, and federal laws and regulations
and may require a use permit. Except as otherwise provided in these
rules and procedures, the following accessory uses qualify as compatible
uses on land for inclusion in Williamson Act. The Director of
Development Services or the LCA Committee (per procedures in Rule 2
B) shall, on a case by case basis as necessary, consider and make a
determination whethera proposed use is consistent with uses including
but not limited to the following compatible uses:
1. Those uses normally associated with a single-family residence
use and are in conjunction with or incidental to the residential use,
including but not limited to a garage, workshop, shed, garden,
private swimming pool, private tennis court, gazebo, spa, etc, and
as amended by zoning code.
2. Warehousing and storage of agricultural products.
3. Accessory buildings and uses pertinent to the commercial
agricultural uses, including facilities to process only the agricultural
commodities.
4. A stand or a display for the sale of agricultural commodities
produced on the premises including the incidental sale of
agricultural products produced off-site.
5. Private airport or aircraft landing facilities which are directly
supportive of the agricultural operations on the Williamson Act
contracted land (example: crop seeding, dusting and fertilizing).
6. Recreational uses not requiring any permanent improvements or
facilities and not interfering materially with agricultural operations.
This includes seasonal hunting and fishing uses with no
permanent facilities, provided that any recreational vehicles and
travel trailers shall be used for occupancy during non-cropping
seasons only.
7. The processing and sale of firewood from orchard operations.
8. Public utility transmission and delivery lines per Section 51238.
9. Animal rendering plants and agricultural waste composting
facilities.
10. Game bird production.
11. Specialized Animal Facilities: are defined as confinement care or
keeping establishments for agricultural and other animals
including but not limited to: husbandry of fur-bearing animal
species; riding academies, accessory equestrian facilities and
large scale horse raising, and kennels. Riding academies,
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
55
-052 Page 5
Reso. 10
accessory equestrian facilities and kennels require a use permit
per Butte County Code Section 24-90(c) and/or the determination
of the Director of the Department of Development Services.
Specialized Animal Facilities may not predominate, preclude, or
negatively impact primary qualifying agricultural uses on
Williamson Act-contracted land. When a use permit is required,
the LCA Committee shall make a recommendation to the Board of
Supervisors concerning whether the proposed use is compatible
with the primary use, pursuant to Section 51238.1 and Rule 5.D.
The difference between grazing/pasture and feedlot operations is
defined as follows:
1.Animal Feedlot: a lot or building or combination of lots and
buildings intended for the confined feeding, breeding, raising, or
holding of animals and specifically designed as a confinement
area in which manure may accumulate, or where the
concentration of animals is such that a vegetative cover cannot be
maintained within the enclosure. Open lots used for the feeding
and rearing of poultry (poultry ranges) shall be considered animal
feedlots.
2.Grazing/Pasture: areas where grass or other growing plants are
used for grazing and where the concentration of animals is such
that a vegetative cover is maintained during the growing season
except in the immediate vicinity of temporary supplemental
feeding or watering devices. Those areas of supplemental feeding
or watering devices within a pasture do not constitute a feedlot.
C.Conditionally-Permitted Uses on Williamson Act Land. All such uses
must comply with Section 51238.1. Some uses listed in this rule (Rule 3)
are uses that, without conditions or mitigations would not be in
compliance with the Butte County Zoning Code or with Section
51238.1(a). Section 51238.1 (c) details the four findings that must be
made before a conditional use permit may be granted for such uses.
Uses Allowed Only by Use Permit: Although the following uses may be
found to be consistent with the Williamson Act, Butte County Code also
requires that the Planning Commission approve a use permit for these
uses. For each proposed use an application for a use permit shall be
reviewed and verified by the Development Services Department. The
Development Services Department will coordinate with the LCA
Committee Chairperson to schedule a meeting of the LCA Committee for
review. The LCA Committee shall consider the compatibility of the
application with the Williamson Act, consistency with these rules and
procedures, and shall make a recommendation to the Board of
Supervisors concerning compatibility with the Williamson Act. The Board
of Supervisors determines if a conditionally permitted use is compatible
with the Williamson Act, per the three principles of compatibility in Section
51238.1(a).In such cases, the Planning Commission approval is
“conditional”, pending a Board of Supervisors determination of the
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
56
-052 Page 6
Reso. 10
compatibility of the use with the Williamson Act per Section 51238.1. By
informational memorandum, the Development Services Director informs
the Planning Commission of the Board of Supervisors determination.
1.Public and quasi-public uses (Butte County Code Section 24-90
(c) 1), including wireless telecommunication facilities, structures and
buildings that conform to Sections 51238 and 51291.
2.Veterinary hospitals and/or clinics.
3. Use of Williamson Act land for seasonal hunting, hunting clubs,
and wildlife observation facilities that do not interrupt or impair the
primary agricultural use or approved accessory use on the land
(Butte County Code Section 24-90 (c) 4). Physical structures in
support of the uses allowed by this rule may be permitted where the
LCA Committee determines that said structures do not interrupt or
impair the primary agricultural use or approved accessory use on
the land.
4.Surface miningmineral extraction, quarries, and all other
mines(not including asphalt and concrete batch plants). Mining is
defined as any use requiring a mining permit as defined under
Chapter 13 of the Butte County Code. For any mining use, the
Board of Supervisors (on an individual case basis) must determine if
it is possible to make the required statutory findings of compatibility
under either Section 51238.1 or 51238.2. The mining proponent
must provide all necessary documentation and analysis as may be
required by the Department of Development Services in supporting
such findings for LCA Committee, Planning Commission, and Board
of Supervisors consideration. All mining must demonstrate
compliance with the Surface Mining and Reclamation Act by a
mining use permit and reclamation plan approved by the Butte
County Planning Commission.
Mining is a compatible use with the Williamson Act under limited
circumstances. In most cases, for the application to be complete,
the Williamson Act contract must be terminated by nonrenewal or
cancellation (Rule 6) prior to commencing a mining project. The
Board may approve the following when the corresponding
Williamson Act findings can be made:
on adjacent, non-Williamson Act
a. Phasing of a mining project
contracted land while the nonrenewal process runs its course.
b. Williamson Act contract rescission (Section 51256) a
landowner may enter an agreement with the local government
to rescind the contract on the land proposed for mining and
simultaneously place other land in the same county, of equal
or greater size and value, in a permanent agricultural
conservation easement. Such contract rescissions require
the approval of the Director of the Department of Conservation
per Section 51256.1.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
57
-052 Page 7
Reso. 10
c. Determination of mining as a compatible use meeting Section
51238.1(a) criteria for prime land or Section 51238.1(c) for
non-prime land. The use of mineral resources shall comply
with Section 51238.2. The Board must find the following:
That the activity will not significantly impair the
Williamson Act contractual commitment to preserve
prime land or non-prime land for open space use.
That the Williamson Act contracted land must be
returned according to the SMARA reclamation standards
for its previous prime or non-prime condition. Any
reclamation of contracted land to “open space” use must
meet the definition in Section 51201(o) per Rule 4 below.
D.Other Uses Approved by the Board of Supervisors. The following
uses may be approved by the Board of Supervisors as compatible uses
consistent with Section 51238.1 if the use does not significantly impair the
primary agricultural use which qualifies the land for Williamson Act
contract.
1. The following open space uses may be approved by the Board of
Supervisors, after consideration by the LCA Committee:
a. Wildlife & biotic habitat area per Section 51201(j).
b. Managed wetlands area per Section 51201(l).
b. Recreational uses per Section 51201(n).
c. Scenic highways corridor (per Section 51201(i).
2. Any other use which the Board of Supervisors, after consideration
by the LCA Committee, determines to be substantially similar in
nature to any of the uses listed above and which enhance other
qualifying uses with no significant impact on the agricultural or
open space characteristics of the subject or adjacent agricultural
land, and are otherwise in compliance with the principles of
compatibility as set forth in Section 51238.1.
RULE 4 QUALIFYING OPEN SPACE USES ON WILLIAMSON ACT LAND
The Board of Supervisors may approve the following “open space” uses for
inclusion in a Williamson Act contract by the procedure described in Rule 5.
C. below:
A.General Qualifying Criteria for Open Space Use. General categories of
qualified “open space” uses on Williamson Act land per Section 51205
include: managed wetlands, wildlife habitat area, recreational use, and land in
a scenic highway corridor.
B.Required Open Space Use Findings. To qualify as an allowed open space
use, the Board of Supervisors must make the finding that the applicant’s land
is used for the preservation of important open space land for: wildlife habitat,
managed wetlands, scenic highway corridors, or recreational uses.
C.Review and Approval of Open Space Uses Applications:
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
58
-052 Page 8
Reso. 10
The LCA Committee shall consider and make a recommendation to the
Board concerning the consistency of any application with these rules and
procedures. This assessment and the recommendations of the LCA
Committee shall be submitted to the Board of Supervisors by the
Development Services Department. The Board of Supervisors may approve
Williamson Act contracts established for open space purposes, when the land
is used for the purposes specified in Section 51205.
D.Conversion to Open Space Use: The conversion from Agricultural use to an
open space use requires execution of a new or amended contract. If the
landowner is unwilling to enter into a new or amended contract, the Board of
Supervisors may non-renew any contract for lands which have been
converted to an open space use.
E. Procedure Regarding Existing Conservation Easements:
As instances of existing habitat conservation easements on Williamson Act
land come to the attention of the County, the County will consult with the
California Department of Fish and Game (CF&G) in determining if the land in
question could be determined to meet the following Williamson Act (Section
51201(j)) definition of a “wildlife habitat area”:
A "wildlife habitat area" is a land or water area designated by a board
or council, after consulting with and considering the recommendation
of the Department of Fish and Game, as an area of great importance
for the protection or enhancement of the wildlife resources of the
state.
If the Board of Supervisors finds that the land meets this definition, they may
approve a new or amended Williamson Act contract with the landowner to
reflect the change in use on the property to bring the contract into
conformance with the regulations of the Williamson Act and the current uses
on the land. Land shall be considered for inclusion as wildlife habitat only
after a wildlife habitat area resource management plan (per Rule 5.B.1.e) has
been approved by the Board of Supervisors. In many cases, the conservation
easement documents recorded with the grantee conservation easement
holder (e.g. CF&G, NRCS, USDA, Fish & Wildlife, etc) may contain adequate
detail to serve as the required resource management plan to be recorded
with the contract amendment.
RULE 5 WILLIAMSON ACT (Land Conservation Act) CONTRACTS
A.General Provisions.
1.Agricultural Preserves. In 1967, the Butte County Board of Supervisors
established ten agricultural preserve areas that cover the County. Land
that meets the criteria detailed in these policies, procedures and rules
may be eligible for Williamson Act contracts.
2.Zoning and General Plan Land Use Designations. Parcels for inclusion
must be consistent with applicable General Plan and zoning designations.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
59
-052 Page 9
Reso. 10
Table ONE of this rule sets minimum incoming acres per contract and
minimum parcel size.
3.Primary Uses. Only those parcels that are primarily used for agricultural
production, wildlife habitat area (51201(j) and 51206) or open space use
(51201 (o)) as respectively established in Rule 4 of these rules and
procedures are eligible for inclusion in a Williamson Act contract.
4.Qualifications for Williamson Act Contract. To qualify for a Williamson
Act contract, land shall be in an agricultural preserve, and be comprised
of a single parcel of land, or two or more contiguous parcels, when such
parcels are under the same ownership or are owned by immediate family
members and are managed as a single unit.
a.Minimum Parcel Size. The minimum parcel size required for inclusion
in a Williamson Act contract shall be that set forth in Table One of this
rule when the parcel can sustain an agricultural use. All parcels
smaller than the contract minimum size shall be legally combined or
merged to comply with TABLE ONE of Rule 5, concurrently with
approval of the contract.
b.Parcels in Different Ownership. In considering a contract for parcels
under different ownership, the LCA Committee may recommend, and
the Board require that a management plan and agreement satisfactory
to the Committee be recorded between the owners to ensure
sustainable agricultural management of all land under contract for the
duration of the contract.
c.Combining Parcels. When parcels are combined under the same
contract, each individual parcel must comply with the minimum
acreage requirement, by type of use, as set forth in Table One of this
rule. Each parcel must also currently be utilized for or proposed to be
utilized for agricultural or open space uses as provided in these rules
and the California Land Conservation Act.
d.Incompatible Uses. The application process for inclusion in the
Williamson Act requires the applicant to disclose all existing and
proposed uses and structures on the land proposed for inclusion.
Land occupied by incompatible uses or incompatible structures must
be separately described for non-inclusion. The LCA Committee may
recommend, and the Board may determine that the impacts of
incompatible uses or structures render additional portions of the
proposed land inappropriate for inclusion in the Williamson Act.
e.Application Process. All applications must be submitted to the
Department of Development Services on or before September 15 of
each year to be eligible for a Williamson Act contract to become
effective during the following year. Applications shall be submitted
upon the forms to be supplied by the Planning Division of the
Department of Development Services and must be deemed to be
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
60
-052 Page 10
Reso. 10
complete, prior to October 1, in order to be eligible for actual
consideration by the LCA Committee and the Board.
f.Easement Exchange. Substitution for a portion of contract lands may
occur pursuant to Section 51256 and 51257.
g.Adding Lands to a Williamson Act Contract. Land may be added to
an existing Land Conservation Agreement. Any parcel added must
meet the minimum acreage requirements in Table One of this rule or
be legally combined with an existing parcel within the agreement per
the Subdivision Map Act and local regulations.
h.Lands Bordering Cities and in Special Planning Areas. When
considering inclusion of lands within urban spheres of influence, lands
within specific plan areas and lands within special planning areas, the
LCA Committee and the Board of Supervisors shall consider whether
such lands are subject to specific plans, special plans and/or joint
planning memorandums of understanding and similar policies.
5.Minimum Parcel Size and Acreage for Williamson Act Contracts. The
required minimum acreage for each application is based on the type of
agricultural activity and shall be as follows:
TABLE ONE:
Minimum Incoming
Type of Activity Acres per Contract
and Minimum
Parcel Size
Orchards (vineyards, kiwi, fruit, nut 20
and similar crops)
Field Crops (irrigated row-crops, 80
small grains, and similar crops)
Irrigated Pasture or Irrigated Rice 80
Production
Open Space Uses 80
Dry Land Grazing 160
a.Parcels must also meet or exceed minimum lot sizes
established by the applicable base Butte County zoning district.
Minimum parcel size applies to incoming Williamson Act
contract parcels, parcels eligible for home building permit, and
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
61
-052 Page 11
Reso. 10
parcels eligible for sale or transfer. When possible, land owners
may merge adjacent parcels to attain the minimum acreage
required in Table ONE. When the minimum parcel acreage in
TABLE ONE of this rule is greater than that set forth in the text
of the property’s original Williamson Act inclusion contract, the
less restrictive (smaller) minimum parcel size shall apply.
b.The acreage limitations in TABLE ONE above shall apply to the
use of the subject lands on the date of signing the Land
Conservation Agreement. After the signing of the Land
Conservation Agreement, the type of crop or agricultural use
may be changed at the sole discretion of the landowner.
However, at a minimum the use must remain consistent with the
level of agricultural activity on which contract approval was
based. Any changes in use are subject to the qualifying
compatible uses described in Rule 3 herein.
c.Land shall be permitted to be divided into parcels that do not
meet the minimum parcel sizes provided in these rules and
procedures only when such division is for the purpose of
transferring ownership from one immediate family member to
another in accordance with Section 51230.1 and Rule 7. D.
Subsequent sale of such parcels to nonfamily members is
contrary to Williamson Act policy and to these rules.
d. No residential buildings shall be erected on parcels that fail to meet
the standards for minimum acreage specified in TABLE ONE of Rule
5. An exception for agricultural labor housing shall comply with the
provisions of the Government Code Section 51230.2. An exception is
also made in the case of a transfer of land to an immediate family
member pursuant to Government Code Section 51230.1. For such a
transfer, the minimum parcel size shall be as specified in Section
51230.1(a) and the Butte County zoning code. For such transfers
Section 51230.1(a) requires a 10-acre minimum parcel size in the
case of prime agricultural land or 40-acre minimum parcel size in the
case of non-prime agricultural land (REV. March 30, 2010, Reso. 10-
052).
e.All parcels smaller than the Williamson Act contract minimum
size shall be legally merged to comply with Table One above,
concurrently with approval of a contract for inclusion into the
Williamson Act.
f.Two percent (2%) deviations from the specified Williamson Act
contract acreage minimum in TABLE ONE above may be
allowed subject to review by the LCA Committee and approval
by the Board of Supervisors.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
62
-052 Page 12
Reso. 10
6.Terms of Williamson Act Contracts.
a. The Williamson Act contract shall be binding upon, and inure to
the benefit of, all successors in interest of the property owner in
accordance with Section 51243.
b. The Williamson Act contract shall be for an initial term of tennine
years. The tennine year term shall automatically renew on
January 1 of each year, unless a notice of non-renewal is
submitted per Rule 6.A. and B.
c. All Williamson Act contracts shall have a common anniversary
date of the 31st day of December. A land conservation contract
must be executed on or before such date to be in effect for the
next succeeding tax year.
d. The Williamson Act contract shall limit the uses of the land to
those provided for in these rules and procedures.
e. The Williamson Act contract shall require that the land be
managed in accordance with any applicable resource
management plan(s). If a plan amendment is approved, the
amended plan shall be deemed automatically incorporated into
the contract as though fully set forth therein without the need for a
contract amendment.
7.Material Breach. In addition, and without altering the applicability of the
provisions of this paragraph, the Owner acknowledges the specific
material breach provisions and remedies of Section 51250, a copy of
which will be attached to the Williamson Act contract as Exhibit B.
Section 51250(b) defines a material breach on land subject to a
Williamson Act contract as a commercial, industrial or residential
building(s), exceeding 2,500 square feet that is not permissible under the
Williamson Act contract, local uniform rules or ordinances. This regulation
only applies to structure(s) that have been permitted and constructed
after January 1, 2004. Section 51251 allows a local government or
landowner to bring any action to enforce any contract, including but not
limited to, enforcement by specific performance or injunction.
B. Procedures for a Williamson Act Contract
1.Application for Williamson Act Contract or Contract Amendment.
To enter into or to amend a land conservation contract, an application
executed by all persons having legal and equitable interests in the
land shall be submitted to the Development Services Department on a
form prescribed by that Department. In addition to the application,
applicable fees as established in Chapter 3 of the Butte County Code
shall be submitted to the Department on or before September 15 of
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
63
-052 Page 13
Reso. 10
the calendar year for the contract to become effective January 1 of the
succeeding year.
The application shall include the following:
a. A copy of a recorded map or assessor’s parcel map showing the
subject real property as a single parcel or parcels when such
parcels are under the same ownership, or are owned by
immediate family members, and are managed as a single unit.
b. A legal description of all individual parcels and the names and
addresses of all the owners of legal or equitable interest in the
property.
c. Any resource management plan(s) pursuant to Rule 4.
d. Payment of applicable Williamson Act Inclusion Agreement
application fee.
e. Any additional information the LCA Committee may require, in
order enabling the Committee to determine the eligibility of the
land involved for a Williamson Act contract.
f. Any one or a combination of the following, pursuant to the
provisions of Rule 4 and this rule:
Agricultural Use. A statement by the applicant describing the
type and quantity of the commercial agricultural use including
but not limited to how the parcel or parcels of land are to be
commercially utilized for the production of food or fiber. This
statement should include methods of production, acreage,
improvements, a description and/or map of all appurtenant
structures, accessory uses, and any other information that
describes the nature and scope of the commercial agricultural
use.
Open Space for Wildlife Habitat Area. Lands shall be
considered for inclusion only after a wildlife habitat area
resource management plan has been approved by the Board
of Supervisors, subsequent to compliance with Section
51201(j) regarding the land’s value as an area for the
protection or enhancement of the wildlife resources of the
state. A wildlife habitat area resource management plan may
be approved by the Board of Supervisors prior to the
Williamson Act contract.
Section 51201(j)) defines a “wildlife habitat area” as: “a
land or water area designated by a board or council, after
consulting with and considering the recommendation of
the Department of Fish and Game, as an area of great
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
64
-052 Page 14
Reso. 10
importance for the protection or enhancement of the
wildlife resources of the state”.
Open Space for Managed Wetland Area. Lands shall be
considered for inclusion only after a managed wetland area
resource management plan has been approved by the Board
of Supervisors, subsequent to the Board’s determination of
compliance with Section 51201(l). A managed wetland area
resource management plan may be approved by the Board of
Supervisors prior to the Williamson Act contract.
Section 51201(l) defines a "managed wetland area" as:
“an area, which may be an area diked off from the ocean
or any bay, river or stream to which water is occasionally
admitted, and which, for at least three consecutive years
immediately prior to being placed within an agricultural
preserve pursuant to this chapter, was used and
maintained as a waterfowl hunting preserve or game
refuge or for agricultural purposes.”
Open Space for Recreational Use. Lands shall be
considered for inclusion only after a resource management
plan has been approved by the Board of Supervisors for
recreational use facilities for use by the public. A master plan
for providing recreational use may be approved by the Board
of Supervisors prior to the Williamson Act contract, pursuant to
51201(n).
Open Space for Scenic Corridor. Lands shall be considered
for inclusion only after a resource management plan for a
scenic corridor has been approved by the Board of
Supervisors in accordance with a specific plan adopted by the
county for the scenic route that has been approved by the
State Department of Transportation Advisory Committee on a
Master Plan for Scenic Highways. A resource management
plan for a scenic highway corridor may be approved by the
Board of Supervisors prior to the Williamson Act contract.
2.Review of Williamson Act Application. An application to enter into or
amend a Williamson Act contract shall be received by the Development
Services Department. The Development Services Department shall
coordinate with the LCA Committee Chairperson to then schedule a
meeting of the LCA Committee for review and recommendation to the
Board of Supervisors. The LCA Committee shall consider the
consistency of the application with these rules and procedures. The
recommendation of the LCA Committee shall be submitted to the Board
of Supervisors by the Development Services Department.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
65
-052 Page 15
Reso. 10
3.Action on Williamson Act Contract Application. The Development
Services Department shall submit a report to the Board of Supervisors
containing the recommendation of the LCA Committee concerning the
contract. Upon receipt of the report, the Clerk of the Board shall
schedule the matter for public hearing and give notice as provided in
Section 24-25.40 of the Butte County Code and in Sections 51232 and
51233. The Board of Supervisors shall render its decision to deny,
modify or approve the application for entering into or modifying a
Williamson Act contract within 60 days after receipt of the report from
the Development Services Department. Upon approval of the
application, the Chairman of the Board of Supervisors shall be
authorized to sign the contract on behalf of the County.
4. Recordation of Williamson Act Contract. Within 20 business days of
approval of the contract by the Board of Supervisors, the Clerk of the
Board shall record the contract, which shall describe the land subject
thereto, with the County Recorder and distribute copies of the recorded
contract to the landowner, the Department of Conservation, County
Assessor, Development Services Department and Agricultural
Commissioner.
5. Changing Uses on Contracted Land. No part of these rules and
procedures allow the landowner, during the course of the Williamson
Act contract, to change uses on the land to uses that are incompatible
with these rules and procedures and the Williamson Act.
6. New Contract Required Upon Granting of Entitlements.
In granting of any of the following discretionary entitlements, the County
reserves the right to require rescission of the current Williamson Act
contract and/or signature of a new or amended contract which
incorporates all Butte County Williamson Act rules and procedures in
force at the time:
a. Tentative Parcel Map
b. Tentative Subdivision Map
c. Use Permit
d. Lot Line Adjustment
e. Merger of Parcels
RULE 6 TERMINATION OF WILLIAMSON ACT CONTRACTS
A.Nonrenewal of Williamson Act Contract. Non-renewal is always the
preferred means of terminating a contract. On each anniversary date of a
Williamson Act contract, the original tenyeara year shall be added
automatically to the term of the contract is automatically renewedunless
notice of nonrenewal is given in accordance with the California Land
Conservation Act for all or a portion of the property subject to the contract
(Section 51244). When notice is provided on or before September 30 the
contract shall expire nine (9) years from December 31 of the year that a
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
66
-052 Page 16
Reso. 10
timely notice was provided (Section 51245). An exception shall be made
in 2011. Notices of nonrenewal submitted by landowners on or before
February 1, 2011 shall become effective for 2011. Where such notice of
nonrenewal is served the contract shall enter a nine-year nonrenewal
period beginning Jan. 1, 2011. Failure of a landowner to serve timely
notice of nonrenewal on or before February 1, 2011 shall be considered
implied consent to a nine-year contract term. Once served and effective,
a landowner’s nonrenewal notice may not be withdrawn except for cause
and with the consent of the County. Upon recordation of the notice of
nonrenewal, the valuation formula under the Revenue and Taxation Code
changes for property tax assessment purposes. The land use
restrictions, however, remain the same until the contract expires. \[AB
2530 effective Jan. 1, 2011\].
The County prior to the expiration date of the contract shall not approve
applications for converting the use of the land to uses that do not comply
with the restrictions of the contract. A notice of nonrenewal filed by the
County or a property owner with respect to land subject to an existing
contract or a contract entered into pursuant to these rules may be
withdrawn only upon the consent of the County and the issuance of a new
contract in accordance with these rules and any additional conditions
required by the County. Any request for withdrawal of a notice of
nonrenewal shall include an application for a new contract that complies
with the rules and procedures in effect at that time.
B.Notice of Partial Non-renewal. Notice of partial non-renewal for lands
within a Land Conservation Agreement. If only a portion of the lands
within an agreement are non-renewed, the remaining contract lands must
conform to the minimum acreage requirements in TABLE ONE of Rule 5.
It is the applicant’s responsibility to provide accurate legal descriptions of
the area to be non-renewed and the area to remain in the contract.
C.Rescission of Williamson Act Contract. In accordance with the Land
Conservation Act, the landowner and the County may upon their mutual
agreement rescind a contract in order to simultaneously enter into a new
Williamson Act contract in order to facilitate a lot line adjustment in
accordance with Sections 51254 or 51257.
D.Immediate Cancellation of Williamson Act Contract. In accordance
with the Land Conservation Act, a landowner may petition the County for
a tentative immediate cancellation of a contract to terminate the contract
on all or a portion of the property. The Board of Supervisors may only
approve cancellation of the contract under extraordinary circumstances
as provided in Section 51282.
1. To cancel a Williamson Act contract, a petition signed by all
parties having a legal or equitable interest in the property shall be
submitted to the Development Services Department on a form
prescribed by that Department with the applicable fees
established in Chapter 3 of the Butte County Code. It will be the
responsibility of the applicant to provide all necessary supporting
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
67
-052 Page 17
Reso. 10
documentation and analysis, as required by the Development
Services Department, that the required statutory findings can be
met (per Section 51282). It is the applicant’s responsibility to
provide accurate legal descriptions of the area to be cancelled and
any area to remain in contract.
2. The petition for cancellation shall be referred by the Development
Services Department to the Department of Conservation and the
LCA Committee for review, comments, and recommendation to
the Board of Supervisors. The petition shall also be referred to
the County Assessor for determination of the cancellation
valuation of the subject property.
3. Any application for immediate cancellation shall require that the
Board of Supervisors make either consistency findings per Section
51282. (a) (1) or public interest findings per Section 51282. (a) (2).
4. Cancellation of a portion of the contract must result in remaining
contract parcels that conform to the minimum acreage
requirements of TABLE ONE, Rule 5.
5. Immediate cancellation allowing minor acreage adjustments of no
more than one percent (1%) of the contracted land under the
applicant’s ownership may be permitted to reconcile building
encroachments, irregular fence lines and historic uses through lot
line adjustments, subject to review by the LCA Committee and
approval by the Board of Supervisors. Such cancellations do not
require that the Board make the statutory findings per Section
51282. (a) (1) or Section 51282. (a) (2).
6. The Development Services Department shall submit a report to
the Board of Supervisors containing the recommendation of the
LCA Committee concerning the cancellation of the contract and
the certified statement from the Assessor concerning the
cancellation valuation of the land. Upon receipt of the report, the
Clerk of the Board shall schedule the matter for public hearing and
give notice as provided in Section 24-25.40 of the Butte County
Code and in Section 5128. The Board of Supervisors shall render
its decision to deny, approve or conditionally approve the petition
for cancellation in accordance with the Land Conservation Act.
a. Upon approval of a requested cancellation and recordation of a
certificate of cancellation of contract, the valuation formula under
the Revenue and Taxation Code changes for property tax
assessment purposes and the land will be taxed at its current fair
market value. In accordance with Section 51203, if either the
Department of Conservation or the landowner believes that the
current fair market valuations are inaccurate; either party may
request formal review from the County Assessor. The procedures
for formal review and any recomputation of the cancellation fee
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
68
-052 Page 18
Reso. 10
are specified in Government Code Section 51203. \[SB 1820
effective Jan. 1, 2005\].
b. Cancellation of a Williamson Act contract is subject to the
payment of a cancellation fee equal to 12.5 percent of the
cancellation valuation of the property to the Department of
Conservation (pursuant to Section 51283) as determined by the
County Assessor based upon the current fair market value of the
land as though it were free of the contractual restrictions in
accordance with Section 51283. Cancellation of a Williamson Act
contract also requires the landowner to make a cancellation fee
payment to the County of Butte equal to 12.5% of the cancellation
valuation of the property (per Section 51283), as authorized by
Section 51240.
E. Annexation and Contract Termination. Per Government Code including
but not limited to Sections51235, 51243.5, 51236 and 51256, annexation
of land under Williamson Act contract does not terminate the contract. If
a city annexes land subject to a Williamson Act contract, the city
succeeds to all rights, duties and powers of the county under the contract.
The city protest provision of the California Land Conservation Act of 1965
has been eliminated effective January 1, 1991. Unless a city filed a valid
protest before January 1, 1991, the city cannot terminate a contract upon
annexation of the property to the city. A city protest made prior to January
1, 1991, is valid only if there is a record of the filing of the protest and the
protest identifies the specific affected contract and subject parcel.
F. Public Acquisition. Williamson Act contracts become void for land that is
acquired by a federal, state or local government agency for necessary
public uses and facilities. The California Land Conservation Act of 1965
contains policies and restrictions to avoid public acquisition of lands in
agricultural preserves, with special emphasis on restricting acquisition of
land subject to Williamson Act contracts or containing prime agricultural
land. State and local government agencies are required to refer proposals
to acquire land in agricultural preserves to the State Department of
Conservation for their review and response prior to acquisition.
G. Correction of Errors.Adjustments of contracted lands allowing removal
or addition of acreage may be permitted in order to correct surveying
errors and similar defects, including but not limited to errors in the legal
description of contracted lands, after review by the LCA Committee and
approval by the Board of Supervisors, where substantial evidence in the
record indicates that it was not the intent of either the Board of
Supervisors or the landowner to include the lands subject to the error or
errors in the contract at the time the contract was executed.
RULE 7 DIVISION OF WILLIAMSON ACT LAND
A.Division of Land, General.There shall be no division of land, lot line
adjustment, or merger of parcels subject to a Williamson Act contract that
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
69
-052 Page 19
Reso. 10
would defeat the intent of the Williamson Act to preserve land in
agriculture, open space or recreational use. The Butte County Board of
Supervisors finds that divisions of land under Williamson Act contract
must comply with Government Code Section 66474.4 and shall be
allowed only when all of the five conditions in Rule 7.B are fulfilled. While
the LCA Committee oversees the Williamson Act, the Butte County
Planning Commission is empowered to approve tentative parcel map,
tentative subdivision map, waiver of parcel map, and other land use
entitlements applications applicable to this section.
B.Land Division Procedures. Applications for division of land subject to a
Williamson Act contract shall be processed in the manner prescribed in
Chapter 20 of the Butte County Code, except that for all such applications
a determination of compatibility with the Williamson Act shall be made per
the procedures prescribed in Rule 2. B. A Planning Commission condition
of approval will require modification of the existing contract (at the LCA
Committee’s recommendation) or rescission of the contract in order to
simultaneously enter into a new or amended contract conforming to all
rules and procedures in effect at that time. A new or amended contract
may be required if the division would change parcel boundaries, and
parcel legal description(s). Per Rule 2.B, as part of the process of
determining the compatibility of the project with the Williamson Act, the
Board of Supervisors must make the following findings regarding land
divisions on Williamson Act land:
1. The proposed division will not impair the use of the land for
the production of food, fiber, livestock or wildlife habitat, as
provided in the contract.
2. Each parcel created by the division or lot line adjustment
shall conform to minimum acreage under TABLE ONE of
Rule 6.
3. The land division or, lot line adjustment conforms to the
Butte County General Plan, state laws and all other
applicable County Codes and standards.
4. The land division or lot line adjustment is not for the
creation of residential development that does not directly
support agricultural production on the contracted land.
5. Any parcel merger (Government Code Article 1.5 Merger
of Parcels) shall comply with Rule 5. A. 5. c. and with Butte
County Code Section 20-180.3.
C. Lot Line Adjustment and Parcel Merger. Per County Code Section 20-
95.1 (lot line adjustments) and Section 20-180.3. (parcel mergers) the
Director of Development Services may approve lot line adjustments and
parcel mergers. On a case-by-case basis, the Director or her/his
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
70
-052 Page 20
Reso. 10
designee shall review all applications for lot line adjustment or parcel
merger to determine the compatibility of the proposed action with the
Williamson Act and these rules and procedures. The Director shall
determine whether a proposed lot line adjustment or parcel merger is
substantially compatible and compliant with the Williamson Act and with
these rules. The Director’s determination shall be reported to the LCA
Committee as a recommendation, by memorandum, and agendized for
consideration by the Committee. In cases where the Director of
Development Services determines that a compatibility finding is not clear,
the Director shall refer the case directly to the LCA Committee. The LCA
Committee shall consider the Director’s determination and make a
recommendation to the Board of Supervisors concerning the compatibility
of the proposed lot line adjustment with the Williamson Act.
D. Transfer of Ownership to Family Member. Land shall be permitted to
be divided into parcels that do not meet the minimum parcel sizes
provided in these rules only when such division is for the purpose of
transferring ownership from one immediate family member to another in
accordance with Section 51230.1, and per Butte County zoning code
minimum parcel size. The Board of Supervisors finds that the transfer of
one or more of the parcels so created to a person who is not an
immediate family member is a breach of the Williamson Act contract.
Pursuant to such unlawful transfer a notice of nonrenewal shall be filed
for all portions of the land subject to the existing contract. The Board may
also pursue other remedies as authorized by law. No residential buildings
shall be erected on parcels that fail to meet the standards for minimum
acreage specified in TABLE ONE of Rule 5. An exception for agricultural
labor housing shall comply with the provisions of the California Section
51230.2.
RULE 8 CONTRACT MONITORING & ENFORCEMENT
A.Enforcement Responsibility. The Director of the Department of
Development Services (DDS) shall enforce the provisions of these rules
and the regulations of the Williamson Act, and shall determine the
existence of any violations of any resource management plan as
approved by the Board of Supervisors. The Director will bring his/her
findings to the LCA Committee for review. The LCA Committee shall
review these findings and make recommendations to the Board of
Supervisors when appropriate. The Board of Supervisors shall consider
the recommendations of the LCA Committee in determining any
enforcement action.
B. Monitoring of Williamson Act Contracts.
The county shall actively monitor the agricultural preserve program by
periodically reviewing the continuing eligibility of properties and checking
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
71
-052 Page 21
Reso. 10
for contract violations. Methods for identifying and reviewing the
continuing eligibility of properties and uses include:
1. The Development Services Department will review and assess
referrals (e.g., new property transfers) from the Assessor's Office,
Building Department, and other sources for potential contract
violations.
2. With proper notice to the landowner, the Department of
Development Services may schedule an inspection of the land
under contract to verify compliance at any time.
3. In the course of its normal operations, the Assessor’s Office
conducts random field checks of properties for:
a. Existing agricultural uses and land capability to determine if
they comply with qualification standards.
b. Oversight for potential contract violations.
4. The Williamson Act contract shall provide for a biennial review for
compliance with the terms and conditions of a land conservation
contract. Such review would be implemented at the discretion of
the Director of Development Services, as indicated by the needs
of the program. Such review would be implemented when general
monitoring (1. and 2. above) indicates a trend in non-compliance.
This process may include the submittal of a report from the
contracted property owners to the Department of Development
Services. The form, supplied by the Department of Development
Services, may include information that demonstrates compliance
with compatible land uses and any resource management plan
approved by the Board of Supervisors. Failure to comply with a
biennial compliance review survey may be considered a breach of
contract and the County may file a notice of nonrenewal of the
contract or seek other remedies as authorized by law.
C.Violation and Enforcement. A violation of these rules shall be enforced
as provided for in this rule and as provided for in the California Land
Conservation Act.
D.County-InitiatedNotice of Nonrenewal. In addition to other remedies
authorized by law, a notice of nonrenewal of a Williamson Act contract
may be filed by the Board of Supervisors for land determined to be out of
compliance with these rules, as determined by the Board of Supervisors
after consideration of the recommendation of the LCA Committee in
accordance with this rule.
E.Additional Remedies. The remedies provided for in this rule are
cumulative and in addition to any other remedies otherwise authorized by
law.
Butte County Williamson Act Rules & Procedures,REV. March 30, 2010, and November 23, 2010
72
-052 Page 22
Reso. 10
BUTTECOUNTYWILLIAMSONACTLANDS
(CaliforniaLandConservationActof1965)¯
u
32
TU
70
TU
wy
H
rd
o
N
99
TU
en
h
u
D
191
TU
149
TU
149
TU
162
TU
70
TU
NelsonRd
Ave
Nelson
R
s
Hwy
Richvale
Legend
CLCA
162
TU
Prime,NonRenewal
NonPrime,NonRenewal
d
AftonR
NonPrime,Ongoing
Prime,NonRenewal
Prime,Ongoing
Highway
wy
ColusaH
Mainroad
Greenline
Incorporatedareas
Rivers
Lakes
)
Co.
Yuba
Rd(
irez
Ram
ParcelsCurrentlyinWilliamsonAct:1395
CurrentacreageinWilliamsonAct:218,695acres
02.55101520
Miles
NonRenewalParcels:72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
–
–
s Williamson
s Williamson
’
BUTTE COUNTY
’
BOARD OF SUPERVISORS
OCTOBER 25, 2011AGENDA ITEM 5.02
Act Program
Act Program
Potential Amendment of
Potential Amendment of
Assembly Bill (AB) 1265
Assembly Bill (AB) 1265
Butte County
Butte County
reduced property tax
reduced property tax
based on property use.
based on property use.
year rolling contracts
year rolling contracts
-
-
Background: Williamson Act
Background: Williamson Act
Williamson Act contracts restrict land use to agriculture or open space.10Contracts allow assessments
Williamson Act contracts restrict land use to agriculture or open space.10Contracts allow assessments
Background:
Background:
Open Space Subvention Act
Open Space Subvention Act
The State has historically provided payments to local governments to offset foregone property tax revenues under the Williamson Act.Until 2009, subventions were adequate to offset revenues
lost under the Williamson Act.Since 2009, decreased subvention payments have caused a loss of over $1.7 million to the County General Fund.
The State has historically provided payments to local governments to offset foregone property tax revenues under the Williamson Act.Until 2009, subventions were adequate to offset revenues
lost under the Williamson Act.Since 2009, decreased subvention payments have caused a loss of over $1.7 million to the County General Fund.
s
s
’
’
of the
of the
½
½
year terms, which
year terms, which
-
-
B 1265
B 1265
A
A
Overview
Overview
Provides a way for counties to restore some of the lost revenues in the absence of adequate State subvention payments.Counties can participate when previous yearsubvention payment was
less than foregone property tax revenue.Modifies contracts to 9changes the property tax assessment. Contracts continue to automatically renew annually.
Provides a way for counties to restore some of the lost revenues in the absence of adequate State subvention payments.Counties can participate when previous yearsubvention payment was
less than foregone property tax revenue.Modifies contracts to 9changes the property tax assessment. Contracts continue to automatically renew annually.
renewed, wildlife habitat
renewed, wildlife habitat
-
-
AB 1265
AB 1265
Key Effects and Provisions
Key Effects and Provisions
Contract holders give up 10% of their property tax relief but retain 90%.The restored property tax dollars reimburse the General Fund for approx. 40% of the foregone revenues. The remaining
60% of foregone revenues will continue to come out of the General Fund. Contracts already noncontracts, open space and agricultural easements are exempt.Sunsets 2016.
Contract holders give up 10% of their property tax relief but retain 90%.The restored property tax dollars reimburse the General Fund for approx. 40% of the foregone revenues. The remaining
60% of foregone revenues will continue to come out of the General Fund. Contracts already noncontracts, open space and agricultural easements are exempt.Sunsets 2016.
+
$104,950
-$360,024-$600,040-$588,042-$528,035
Net Impact of
General Fund
Williamson Act
Program on the
$0$0$0
$18
Payment$573,119
State Subvention
$600,040$600,040$588,042$528,053$468,169
Revenues
Foregone Tax
Williamson Act Program:
ministration costs.
Annual Net Impact on Butte County General Fund
AB 1265
2010-20112009-20102008-2009
Fiscal Year
2011-2012 -2011-2012 -
AB 1265 Not
ImplementedImplemented
Not including program ad
+
Source: Butte County Assessor’s Office, August 2011
17%18%64%
1265
Reduction under AB
Typical Property Tax
19%71%
20%
under Current
Tax Reduction
Williamson Act
Typical Property
Typical Property Tax Reductions:
Current Williamson Act vs. AB 1265
Use
Source: Butte County Assessor’s Office, August 2011
Type of Agricultural
OrchardRice and Field CropsCattle
Alternatives
Alternatives
renew all Williamson Act contracts
renew all Williamson Act contracts
-
-
Continue Williamson Act program without amendmentImplement AB 1265Non(phase out program)
Continue Williamson Act program without amendmentImplement AB 1265Non(phase out program)
renewing their
renewing their
-
-
Implementation
Implementation
Public Outreach and
Public Outreach and
s meeting.
s meeting.
’
’
On September 12, the Williamson Act Advisory Committee recommended implementation of AB 1265, subject to continued acceptance of applications for new contracts. Williamson Act contract
holders were notified of todayIf AB 1265 modifications are adopted, staff will notify contract holders of the change and their ability to opt out by noncontracts before February 1,
2012. The change would be shown on 2012 property tax bills.
On September 12, the Williamson Act Advisory Committee recommended implementation of AB 1265, subject to continued acceptance of applications for new contracts. Williamson Act contract
holders were notified of todayIf AB 1265 modifications are adopted, staff will notify contract holders of the change and their ability to opt out by noncontracts before February 1,
2012. The change would be shown on 2012 property tax bills.
Fund.
l
nues would come out of the County
e
Summary
Summary
Would restore approx. 40% of the foregone revenues ($240,000) to the County General Fund. The remaining $360,000 in foregone revenues would come out of the General Fund.Property owners
would retain 90% of the value of their contracts.$600,000 in foregone revenues would come out of the County General Fund. Property owners would retain 100% of the value of their contracts.
Would restore approx. 40% of the foregone revenues ($240,000) to the County GeneraThe remaining $360,000 in foregone revenues would come out of the General Fund.Property owners would
retain 90% of the value of their contracts.$600,000 in foregone revGeneral Fund. Property owners would retain 100% of the value of their contracts.
Other program modifications could be considered.
Other program modifications could be considered.
AB 1265 ImplementedAB 1265 Not Implemented
AB 1265 ImplementedAB 1265 Not Implemented
s continuing
s continuing
’
’
s Williamson Act
s Williamson Act
’
’
Recommendation
Recommendation
, subject to the County
, subject to the County
Adopt the resolution implementing an amended Williamson Act program in 2012 under AB 1265, including modifications to the Countyacceptance of applications for new contracts.
Adopt the resolution implementing an amended Williamson Act program in 2012 under AB 1265, including modifications to the Countyacceptance of applications for new contracts.
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR | PETE CALARCO, ASSISTANT DIRECTOR
7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecounty.net/dds
www.buttegeneralplan.net
ADMINISTRATION * BUILDING * PLANNING
October 25, 2011
Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965
Subject: AB 1265 - Potential Amendment of Butte County’s Williamson Act
Program
Request
In response to substantially reduced subvention payments and thus increased impacts
to local government budgets under the Williamson Act, the State has again adopted
legislation allowing local jurisdictions to amend their Williamson Act programs. On July
13, 2011 the State enacted AB 1265 (Nielsen: Local Government – Williamson Act).
Similar to SB 863, which was enacted by the State in 2010, AB 1265 allows counties to
modify their Williamson Act programs in order to restore a portion of the property tax
revenues foregone under the Williamson Act. The Department of Development Services
has worked with the Agricultural Commissioner, Assessor’s Office, Auditor, Chief
Administrator’s Office, and County Counsel to prepare the following report and
recommendation for consideration by the Board of Supervisors.
Staff and the Land Conservation (Williamson) Act Advisory Committee recommend that
the Board of Supervisors adopt the resolution (AttachmentA) implementing an
amended Williamson Act program in 2012 under AB 1265, including modifications to
Butte County’s Administrative Procedures and Uniform Rules for Implementing the
California Land Conservation (Williamson) Act, subject to the County’s continuing
acceptance of applications for new Williamson Act contracts.
BUTTE COUNTY BOARD OF SUPERVISORS
October 25, 2011
AB 1265 - Potential Amendment of Butte County’s Williamson Act Program
Page 1 of 5
Background
The State of California passed the Williamson Act in 1965 to promote the general
welfare and protect the public interest in agricultural land. The Act enables local
governments to enter into enforceable contracts with private landowners for the purpose
of restricting specific parcels of land to agricultural or open space use. In return,
landowners receive property tax assessments which are substantially lower because
they are based upon agricultural and open space use. Over 1,400 parcels comprising
more than 218,000 acres in Butte County are enrolled in the Williamson Act.
Under the Open Space Subvention Act, the State has historically provided subvention
payments to local governments to offset the property tax revenues foregone under the
Williamson Act. Between 2000 and 2009 these payments were sufficient to offset the
foregone property tax revenues. Since 2009, however, the County has lost more than
$1.7 million of General Fund revenues through the State’s reduction and elimination of
subvention payments
SB 863 was enacted by the State in October 2010, amending the Williamson Act and
allowing local jurisdictions to restore a portion of the foregone property tax revenues in
the absence of adequate subvention funding. SB 863 further appropriated $10 million in
statewide subvention funding for the 2011-12 tax year. In November 2010 the Butte
County Board of Supervisors directed that SB 863 would not be implemented by the
County in 2011. The State later rescinded the legislation’s provision for $10 million in
statewide subvention funding.
AB 1265
AB 1265 (see Attachment D) was signed by the Governor in July 2011, re-enacting
many of the provisions of SB 863. Under AB 1265, for any year in which reimbursements
to counties under the Williamson Act are less than ½ of the actual revenues foregone,
counties may revise the terms for Williamson Act contracts from 10 years to 9 years. The
Assessor would then be required to re-value the properties based on the revised
contract terms. The increased amount of tax revenue resulting from the modified
contract term would be separately displayed on the taxpayer’s annual bill. Landowners
wishing not to participate in the program could choose to non-renew their contracts.
Should the Board of Supervisors choose to implement an amended Williamson Act
program under AB 1265, Williamson Act contract holders would be required to give up
10% of their property tax relief. Because AB 1265 returns all such restored dollars solely
to the County, the 10% reduction in tax relief would reimburse the General Fund for
approximately 40% of the foregone property tax revenues. Absent State subvention
payments, the remaining 60% of the foregone revenues would continue to come out of
the General Fund. Contracts that have been non-renewed, open space and agricultural
easements, contracts for scenic restrictions, and wildlife habitat contracts are exempt.
AB 1265 sunsets January 1, 2016.
BUTTE COUNTY BOARD OF SUPERVISORS
October 25, 2011
AB 1265 - Potential Amendment of Butte County’s Williamson Act Program
Page 2 of 5
Based on the 2011-2012 fiscal year, staff estimates that implementation of the program
would restore approximately $240,016 of the property tax revenues foregone under the
County’s Williamson Act program, with the remaining $360,024 continuing to come out
of the General Fund. Continuation of the program without amendment would draw more
than $600,000 from the General Fund (Table 1).
Table 1. Annual Net Impact of the Williamson Act Subvention Program on the
General Fund, 2006-2012
Net Impact of
Fiscal Year Total Reduction Foregone Tax State Subvention Williamson
in Assessed Revenues Payment Act Program
Property Values on the
General
+
Fund
2011-2012 - $240,016,348 $600,040 $0-$360,024
AB 1265
Implemented
2011-2012 - $240,016,348 $600,040 $0-$600,040
AB 1265 Not
Implemented
2010-2011 $235,216,737 $588,042 $0-$588,042
2009-2010 $211,221,065 $528,053 $18-$528,035
2008-2009 $187,267,437 $468,169 $573,119 $104,950*
+
Not including program administration costs.
Effects on Williamson Act Landowners
Tax benefits to Williamson Act landowners would be reduced by 10% under AB 1265.
Generalized effects on property tax relief for various types of parcels are shown in Table
2. Effects vary by type of use, parcel size, and the required valuation method under the
Revenue and Taxation Code. Variables influencing valuations for specific parcels
include local commodity production and pricing, orchard age, and structural
improvements on the parcel.
Table. 2. Typical Property Tax Reductions: Current Williamson Act vs. AB 1265
Typical Property Tax
Type of Agricultural Use Typical Property Tax
Reduction under Current
Williamson Act Reduction under AB 1265
Orchard 19%17%
Rice and Field Crops 20%18%
Cattle71%64%
BUTTE COUNTY BOARD OF SUPERVISORS
October 25, 2011
AB 1265 - Potential Amendment of Butte County’s Williamson Act Program
Page 3 of 5
Attachment B estimates the effects that amending the Williamson Act program under
AB 1265 would have on each potentially affected Butte County Williamson Act parcel for
the 2011-2012 year. The additional charges under AB 1265 are shown in the seventh
column. Property valuations, tax assessments, and tax benefits will change next year
due to change in the factors identified above.
Implementation Procedures
To implement AB 1265 in 2012, in addition to today’s noticed public hearing the Board of
Supervisors would need to adopt the attached implementing resolution and notify
affected contract holders, allowing them to opt out of the program by serving notice of
non-renewal of their contracts. Because the 2012 property tax assessments are finalized
in June, a non-renewal period ending February 1, 2012 would allow adequate time to
incorporate revised property valuations under AB 1265 into 2012 property tax
assessments. During each year in which the program is implemented, the County would
also record a notice identifying affected parcels.
Alternatives to Implementing AB 1265
Counties are not required to implement AB 1265. Options that the Board of Supervisors
may wish to consider include:
1. Continue the Butte County Williamson Act program without amendment
Should the County continue to implement the Williamson Act in its current form, a
net impact to the General Fund of approximately $600,040 is projected, not
including program administration costs.
2. Implement AB 1265
Should the County implement AB 1265 for 2012, a net impact to the County’s
General Fund of $360,024 is projected.
3. Non-renew all Butte County Williamson Act contracts, thereby initiating a 9-year
phase-out of the County’s Williamson Act program
Under Government Code Section 51245, counties as well as landowners may
non-renew Williamson Act contracts. Selection of this option would lead to a
nine-year non-renewal period in which the assessed valuation of properties
under contract, and therefore associated property tax revenues, would increase
each year until reaching full value at the expiration of the contracts. If a property
owner protested the non-renewal, the increase in revenues for that property
would not occur until the final six years of the non-renewal period (Revenue and
Taxation Code Section 426 (b)). The land-use restrictions imposed by the
Williamson Act upon lands under contract would terminate upon expiration of the
contract.
BUTTE COUNTY BOARD OF SUPERVISORS
October 25, 2011
AB 1265 - Potential Amendment of Butte County’s Williamson Act Program
Page 4 of 5
Williamson Act Advisory Committee Recommendation
On September 12, 2011 the Butte County Williamson Act Advisory Committee
recommended implementation of an amended Williamson Act program under AB 1265
to the Board of Supervisors (draft meeting minutes - Attachment C), including
modifications to Butte County’s Administrative Procedures and Uniform Rules for
Implementing the California Land Conservation (Williamson) Act (seeAttachment D),
subject to the County’s continuing acceptance of applications for new Williamson Act
contracts.
Public Outreach
Consistent with the requirements of AB 1265, mailed notice of today’s hearing was
provided to all Williamson Act contract holders. Should the Board of Supervisors direct
implementation of AB 1265 in 2012, a notice of the Board’s decision, and of the
opportunity to opt out of the amended program by non-renewing, will be sent to all
affected landowners consistent with the legislation
Please feel free to contact Principal Planner Claudia Stuart at (530) 538-7604 or
cstuart@buttecounty.net with any questions, or for further information.
Sincerely,
Tim Snellings
Director
Attachments
A. Draft Resolution Implementing AB 1265
B. Parcel-Specific Effects of Implementing AB 1265
C. September 12, 2011 Williamson Act Advisory Committee Draft Minutes – Item V.
AB 1265
D. September 12, 2011 Williamson Act Advisory Committee Agenda Report – Item
V. AB 1265
1. AB 1265 (Nielsen) – Text
2. Draft Revisions to Butte County Administrative Procedures and Uniform
Rules for Implementing the California Land Conservation (Williamson) Act
Pursuant to AB 1265
3. Map: Butte County Williamson Act Lands (August 2011)
BUTTE COUNTY BOARD OF SUPERVISORS
October 25, 2011
AB 1265 - Potential Amendment of Butte County’s Williamson Act Program
Page 5 of 5