Supes OK plan for 340,000 acres in Williamson Act
The Santa Clara County Board of Supervisors last week voted
unanimously to adopt guidelines establishing standards for how the
County administers the California Land Conservation Act of 1965,
commonly known as the Williamson Act.
Supes OK plan for 340,000 acres in Williamson Act
The Santa Clara County Board of Supervisors last week voted unanimously to adopt guidelines establishing standards for how the County administers the California Land Conservation Act of 1965, commonly known as the Williamson Act.
This long awaited action represents the culmination of several years in review and a yearlong process of interacting with a Stakeholder Advisory Committee and with affected property owners at several community meetings.
The California Legislature passed the Williamson Act in 1965 to preserve agricultural and open space lands by discouraging premature and unnecessary conversion to urban uses.
The Williamson Act allows counties and cities to contract with private landowners to voluntarily restrict land to agricultural and open-space uses in a rolling 10-year contract. In return, restricted parcels are assessed for property tax purposes at lower rates consistent with their uses. In the Santa Clara County, about 340,870 acres are currently under Williamson Act contracts.
These parcels save from 20 percent to 75 percent in property tax liability each year.
“It is important that we move forward and take action on these policies today,” said Supervisor Don Gage, Chair of the Housing Land Use Environment and Transportation Committee, and the South Valley representative on the board. “We started reviewing the Williamson Act four years ago. The staff and the stakeholder group have done an outstanding job crafting policies that balance landowner rights and the public interest.”
A number of factors contributed to the need for a program overhaul. Most of the County’s Williamson Act contracts were executed during the period of 1968 to 1973. Over the years, parcels that had been a part of a larger land holding were sold to separate owners and many no longer had agricultural uses.
In addition the Williamson Act also was amended. The most significant amendment in 2003, defines a “material breach of a Williamson Act contract as the construction of commercial, industrial, or residential buildings exceeding 2,500 square feet …” and it established substantial penalties – “25 percent of the fair market value of the incompatible improvements and the land rendered incompatible by the breach.”
In the development of the new Williamson Act guidelines, County staff worked closely with the California Department of Conservation to ensure that proposals were consistent with the spirit and letter of the law.
The Board voted 4-1 (Alvarado) to reject the staff proposal to establish an administrative hearing officer to hear appeals, and instead designated the Board of Supervisors as the final appeal authority.
“This is an extremely important decision we are making today,” said Supervisor Liz Kniss, District 5. “Don has 50 percent of this land in his District and I have 25 percent of the Williamson Act land in District 5. The most important aspect will be the appeals process.”
Supervisor Jim Beall Chair of the County of Santa Clara Board of Supervisors agreed.
“Important that elected representatives be the appellate, so we can weigh issues and make decisions on them in the public forum.”
Under the new policy, parcels that do not meet the size and use standards intended by the Williamson Act will gradually be brought into compliance with appropriate base year tax rate levels.
