Butte County Municipal Code Ch. 35 Right to Farm

Footnotes:

--- (1) ---

Editor's note— Ord. No. 4092, § 1, adopted February 24, 2015, amended ch. 35, §§ 35-1—35-10, in its entirety. Former ch. 35 pertained to "Protection of agricultural land," and was derived from "Ord. No. 3965, §§ 1—10, adopted June 12, 2007."

This article shall be known and may be cited as the "Butte County Right to Farm Ordinance or the Right to Farm Ordinance."

(Ord. No. 4092, § 1, 2-24-15)

(a) It is the declared policy of the county to conserve, protect, enhance, and encourage agricultural operations on lands designated and zoned agriculture within the unincorporated area of the county. Additionally, residential, commercial and industrial designations and zones may support agriculture as an interim use prior to development. The Butte County Zoning Ordinance provides standards for agricultural uses within these zones. Further, it is the intent of the county to provide its residents proper notification of the county's recognition and support, through this article, of the right to farm;

(b) Where nonagricultural land uses, particularly residential and commercial development, extend onto agricultural land or exist side by side with agricultural operations, agricultural operations are frequently the subject of nuisance complaints. As a result, some agricultural operations are forced to cease or curtail their operations and many others are discouraged from making investments in improvements to their operations, all to the detriment of adjacent agricultural uses and the economic viability of the county's agricultural industry as a whole. It is the purpose and intent of this article to reduce the loss to the county of its agricultural resources by limiting the circumstances under which properly conducted agricultural operations on agricultural land may be considered a nuisance;

(c) It is the further purpose and intent of this article to promote a good-neighbor policy by requiring notification of owners, purchasers, residents, and users of property adjacent to or near agricultural operations on agricultural land of the inherent potential problems associated with being located near such operations, including, without limitation, noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers, soil amendments, seeds and pesticides. It is intended that, through mandatory disclosures, owners, purchasers, residents and users will better understand the impact of living or working near agricultural operations and be prepared to accept attendant conditions from properly conducted agricultural operations as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector;

(d) It is the further purpose and intent of this article to carry out and advance the goals, objectives, policies, and implementation programs of the agricultural element of the general plan.

(e) In 2015, the California Legislature enacted Senate Bill 643, and Assembly Bills 243 and 266, which, among other things, established the Medical Marijuana Regulation and Safety Act (codified as California Business and Professions Code sections 19300 et seq.).

(f) As part of Assembly Bill 243, Section 11362.777 was added to the California Health and Safety Code, subdivision (a) of which provides as follows: "The Department of Food and Agriculture shall establish a Medical Cannabis Cultivation Program to be administered by the secretary, except as specified in subdivision (c), shall administer this section as it pertains to the cultivation of medical marijuana. For purposes of this section and Chapter 3.5 (commencing with Section 19300) of the Business and Professions Code, medical cannabis is an agricultural product."

(g) Although the statement in Section 11362.777 of the Health and Safety Code that medical cannabis is an agricultural product is limited to Section 11362.777 of the Health and Safety Code and Chapter 3.5 of the California Business and Professions Code, to avoid any confusion, it has been recommended that Butte County's Right to Farm Ordinance be amended to confirm that for purposes of the Right to Farm Ordinance, set forth in this chapter, the cultivation of marijuana is not an agricultural operation.

(h) Marijuana is unlike other crops that are cultivated and harvested in Butte County. In previous public meetings regarding marijuana-related ordinances, which were well-attended by hundreds of Butte County residents, individuals reported that marijuana grown in residential backyards results in an invitation to criminal activity for persons who would steal marijuana plants out of backyards. Some marijuana growers would live in a tent in their backyard, carrying firearms and utilizing guard dogs to protect their marijuana plants. Residents reported they were uncomfortable allowing their children to play outside in their neighborhood due to such dangerous activity. Cultivators of medical marijuana stated that they would not grow medical marijuana at their own residence to protect their children. Butte County law enforcement continues to respond to numerous calls for service that involve the illegal cultivation, distribution, use, and sale of marijuana, and continues to expend County resources to arrest and prosecute those involved.

(Ord. No. 4092, § 1, 2-24-15; Ord. No. 4106, 1-26-16)

This article is not intended to, and shall not be construed or given effect in a manner so as to modify or abridge federal law or regulation, or state law as set out in the Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of state law relative to nuisances; instead, this article is only to be utilized in the interpretation and enforcement of provisions of this Code and county regulations. Further, this article is not intended to, and shall not be construed or given effect in a manner so as to, limit or restrict the county's authority to review and approve or disapprove proposals for agricultural operations on agricultural land in accordance with other provisions of this Code or other laws.

(Ord. No. 4092, § 1, 2-24-15)

The board of supervisors may from time to time establish a schedule of fees and charges following the procedures required by law to recover the reasonable cost of providing services, issuing permits, recording documents, and enforcing regulations pursuant to this article.

(Ord. No. 4092, § 1, 2-24-15)

Unless the provision or context otherwise requires, the definitions contained in this section shall govern the construction of this article. The definition of a word or phrase applies to any of that word's or phrase's variants.

"Adjacent to agricultural land" means within three hundred (300) feet of agricultural land.

"Agricultural land" means all that real property within the unincorporated area of the county with a general plan land use designation of Agriculture and other non-agricultural land use designations that allow agricultural land uses.

"Agricultural operation" means and includes, but shall not be limited to, the cultivation and tillage of the soil, dairying, the production, irrigation, frost protection, cultivation, growing, harvesting, processing and storing of any agricultural commodity, including viticulture, horticulture, timber or apiculture, the raising of livestock, fur bearing animals, fish or poultry, and any commercial agricultural practices performed incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market. The cultivation of marijuana is not an agricultural operation, subject to the benefits of the Right to Farm Ordinance.

"Development approval" means all of the following:

(a) Any discretionary approval granted pursuant to Chapter 13, 20, 24 and 26 to allow residential or commercial development of land, including, without limitation, any approval of a zone change, tentative map, lot line adjustment, use permit, or design review.

(b) Any building permit issued pursuant to Chapter 26 to allow construction of a new single-family dwelling, enlargement of an existing single-family dwelling by six hundred forty (640) square feet or more of floor area, or installation of a manufactured home.

"Director of Development Services" means and includes his or her authorized representative.

"General plan" means the Butte County general plan.

"Properly conducted agricultural operation" means an agricultural operation that is in conformance with existing laws and regulations and proper and accepted customs and standards.

"Treasurer/tax collector" means the treasurer/tax collector of the county or his or her authorized representative.

"Zoning Ordinance" means the Butte County Zoning Ordinance set forth in Chapter 24.

(Ord. No. 4092, § 1, 2-24-15; Ord. No. 4106, 1-26-16)

No agricultural operation conducted or maintained on agricultural land in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the county, shall be or become a nuisance for purposes of this Code or county regulations if it was not a nuisance when it began, provided that such operation complies with the requirements of all applicable federal, state, and county statutes, ordinances, rules, regulations, approvals and permits. The provisions of this section shall not apply where a nuisance results from the negligent or improper management or operation of an agricultural operation.

(Ord. No. 4092, § 1, 2-24-15)

The treasurer/tax collector shall cause the following notice to be mailed to all owners of real property within the county with the annual tax bill:

The County of Butte permits the operation of properly conducted agricultural operations on agricultural land within the unincorporated area of Butte County and has declared this County policy in the Butte County Right to Farm Ordinance (Butte County Code, Chapter 35) to conserve, protect, enhance, and encourage such operations. Residents or users of property located near an agricultural operation on agricultural land may at times be subject to inconvenience or discomfort arising from that operation, including, without limitation, noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers, soil amendments, seeds, and pesticides. One (1) or more of these inconveniences or discomforts may occur as result of any properly conducted agricultural operation on agricultural land. The County of Butte has determined in the Butte County Right to Farm Ordinance that inconvenience or discomfort arising from a properly conducted agricultural operation on agricultural land will not be considered a nuisance for purposes of the Butte County Code or County regulations, and that residents or users of nearby property should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. For more information about the Butte County Right to Farm Ordinance, please contact the Butte County Agricultural Commissioner's office at 316 Nelson Ave., Oroville, CA 95965 or the Department of Development Services at 7 County Center Drive, Oroville, CA 95965.

(Ord. No. 4092, § 1, 2-24-15)

Where a development approval is sought on or adjacent to agricultural land, the property owner, as part of the application for the development approval, shall execute a declaration acknowledging the right to farm. The director of development services shall cause the declaration to be recorded in the office of the county recorder upon granting of the development approval, unless a declaration acknowledging the right to farm has already been recorded for the property pursuant to this section, in which case the declaration need not be recorded. The declaration shall be in substantially the following form:

DECLARATION ACKNOWLEDGING RIGHT TO FARM

The undersigned do hereby certify to be the owner(s) of certain real property located in Butte County, California, and more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference ("the subject property").

The undersigned do hereby acknowledge that the subject property is located on or adjacent to agricultural land, as defined in the Butte County Right to Farm Ordinance (Butte County Code, Chapter 35). The undersigned do hereby further acknowledge that the County of Butte permits the operation of properly conducted agricultural operations on agricultural land within the unincorporated area of Butte County and has declared it County policy in the Butte County Right to Farm Ordinance to conserve, protect, enhance, and encourage such operations. The undersigned do hereby further acknowledge that if the subject property is located near an agricultural operation on agricultural land, residents or users of the subject property may at times be subject to inconvenience or discomfort arising from that operation, including, without limitation, noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers, soil amendments, seeds, and pesticides. The undersigned do hereby further acknowledge that one or more of these inconveniences or discomforts may occur as a result of any properly conducted agricultural operation on agricultural land. The undersigned do hereby further acknowledge that the County of Butte has determined in the Butte County Right to Farm Ordinance that inconvenience or discomfort arising from a properly conducted agricultural operation on agricultural land will not be considered a nuisance for purposes of the Butte County Code or County regulations, and that residents or users of nearby property should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector.

This Declaration shall run with the subject property in perpetuity and shall be binding upon the undersigned and the undersigned's heirs, personal representatives, lessees, executors, successors, and assigns. This Declaration and the acknowledgments contained herein shall be disclosed to prospective transferees of any interest in the subject property, including, without limitation, a leasehold interest, prior to any such transfer.

IN WITNESS WHEREOF, the undersigned has/have executed this Declaration this _______ day of _______, 20___.

DECLARANT(S)

Dated:

Dated:

NOTE: ACKNOWLEDGMENTS MUST BE ATTACHED FOR ALL SIGNATORIES.

(Ord. No. 4092, § 1, 2-24-15)

(a) Where a transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, ground lease coupled with improvements, or residential stock cooperative improved with one (1) to four (4) dwelling units is proposed for any real property within the unincorporated area of the county, the transferor shall disclose this article and the nature of its provisions to the prospective transferee in one (1) of the following ways:

(1) Deliver a general disclosures and disclaimers advisory to the prospective transferee pursuant to local real estate practice that includes a statement disclosing this article and the nature of its provisions. The statement shall be in substantially the following form:

The County of Butte permits the operation of properly conducted agricultural operations on agricultural land within the unincorporated area of Butte County, and has declared it County policy in the Butte County Right to Farm Ordinance (Butte County Code, Chapter 35) to conserve, protect, enhance, and encourage such operations. If the property you are purchasing is located near an agricultural operation on agricultural land, residents or users of the property may at times be subject to inconvenience or discomfort arising from that operation, including, without limitation, noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers, soil amendments, seeds, and pesticides. One (1) or more of these inconveniences or discomforts may occur as a result of any properly conducted agricultural operation on agricultural land. The County of Butte has determined in the Butte County Right to Farm Ordinance that inconvenience or discomfort arising from a properly conducted agricultural operation on agricultural land will not be considered a nuisance for purposes of the Butte County Code or County regulations, and that residents or users of nearby property should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. For more information about the Butte County Right to Farm Ordinance, please contact the Butte County Agricultural Commissioner's office at 316 Nelson Ave., Oroville, CA 95965 or the Department of Development Services at 7 County Center Drive, Oroville, CA 95965.

(2) Deliver a disclosure statement to the prospective transferee pursuant to Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code disclosing this article and the nature of its provisions. The disclosure statement shall be in substantially the following form:

LOCAL OPTION

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, DESCRIBED AS (Address and Assessor's Parcel Number(s)). THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH SECTION 35-9 OF THE BUTTE COUNTY CODE AS OF (date). IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

SELLERS INFORMATION

The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.

THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE COUNTY OF BUTTE, AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.

The County of Butte permits the operation of properly conducted agricultural operations on agricultural land within the unincorporated area of Butte County, and has declared it County policy in the Butte County Right to Farm Ordinance (Butte County Code, Chapter 35) to conserve, protect, enhance, and encourage such operations. If the property you are purchasing is located near an agricultural operation on agricultural land, residents or users of the property may at times be subject to inconvenience or discomfort arising from that operation, including, without limitation, noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers, soil amendments, seeds, and pesticides. One or more of these inconveniences or discomforts may occur as a result of any properly conducted agricultural operation on agricultural land. The County of Butte has determined in the Butte County Right to Farm Ordinance that inconvenience or discomfort arising from a properly conducted agricultural operation on agricultural land will not be considered a nuisance for purposes of the Butte County Code or County regulations, and that residents or users of nearby property should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. For more information about the Butte County Right to Farm Ordinance, please contact the Butte County Agricultural Commissioner's office at 316 Nelson Ave., Oroville, CA 95965 or the Department of Development Services at 7 County Center Drive, Oroville, CA 95965.

Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller.

Seller___________ Date:________

Seller___________ Date:________

BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS.

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

Seller___________ Date:________

Seller___________ Date:________

Buyer___________ Date:________

Buyer___________ Date:________

Agent (Broker Representing Seller) ___________ By ___________ Date:

(Associate Licensee or Broker-Signature)

Agent (Broker Obtaining the Offer) ___________ By ___________ Date;

(Associate Licensee or Broker-Signature)

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

(b) If a prospective transferee refuses to sign the general disclosures and disclaimers advisory or disclosure statement required by subsection (a), the transferor may comply with the requirements of this section by delivering the advisory or statement to the prospective transferee as provided in subsection (a) and affixing and signing the following declaration to the advisory or statement:

"I, (name), have delivered a copy of the foregoing (general disclosures and disclaimers advisory/disclosure statement) as required by Section 35-9 of the Butte County Code to (transferee's name), who has refused to sign.

I declare the foregoing to be true.

Date:________ Signature:___________ Print Name:___________

(Ord. No. 4092, § 1, 2-24-15)

Noncompliance with any provision of this article shall not affect title to real property, nor prevent the recording of any document.

(Ord. No. 4092, § 1, 2-24-15)