Calaveras County Municipal Code Ch. 14.02 Agricultural Lands and Operations

As used in this chapter, the following terms shall have the following meanings:

A. "Agricultural land" means and includes all of those land areas of Calaveras County now used entirely or in part for agricultural operations or on which agricultural operations may be established in the future in conformity with applicable zoning regulations.

B. "Agricultural operation" means the use of land for any of the following, whether or not for the purpose of producing income.

1. The preparation of land for agricultural use, including land-leveling and clearing;

2. Range Management Practices. Utilization of techniques to improve grazing potential and wildlife habitat, reduce erosion, protect watershed and minimize the risk of wildfire. These techniques include, but are not limited to, brush removal, tree thinning, control burns, re-seeding, pond and spring development, application of herbicides, and fencing;

3. The cultivation and tillage of the soil, irrigation, pruning, protection against frost, control of bird or animal damage, lawful and proper use of agricultural chemicals, pesticides and fertilizers, and the burning of agricultural waste, growing and harvesting and sale of any agricultural commodity, including timber, trees, shrubs, vines, berries, flowers, herbs, vegetables, hay, grains, and all other plants, food and fiber crops. Includes viticulture, horticulture, apiculture, aquaculture;

4. The raising, production and sale of livestock, including cattle, sheep, goats, pigs, horses, llamas, rabbits, fur-producing animals, poultry, fowl, fish and all other kinds of animal husbandry; including dairying and ranching;

5. The production and sale of wine, cider, juices, vinegar and olive oil products and similar products;

6. Commercial practices performed, uses customarily associated with structures and appurtenant facilities incidental to or used in conjunction with such agricultural operations, including curing, processing, packing, packaging, bottling, canning, tasting, preparation for market, storage, direct on-site sales and delivery to market or to carriers for transportation to market;

7. Customary uses clearly incidental and secondary to the agricultural operation. The foregoing definition of agricultural operation shall be broadly construed unless limited by the strict provisions of the specific uses listed as permitted uses.

(Ord. 2144 § 1(part), 1990).

(Ord. No. 2951, § 1, 6-3-2008).

It is the declared policy of Calaveras County to conserve and protect agricultural land and to encourage agricultural operations within the county. Where nonagricultural land uses, especially residential development, extend into agricultural areas or are adjacent to agricultural areas, agricultural operations may become the subject of nuisance complaints, due to a lack of knowledge about the operations. As a result, agricultural operations are sometimes forced to cease or curtail operations and people are discouraged from making investments in farm improvements to the detriment of agricultural operations and the economic viability of the county's agricultural industry as a whole. It is the purpose and intent of this chapter to reduce the loss to the county of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance. The further purpose of this chapter is to promote a good neighbor policy by advising purchasers and residents of property near agricultural operations of the inherent potential problems associated with such purchase or residence. Such concerns may include, but are not limited to, the sounds, odors, dust, chemicals, and traffic that may accompany agricultural operations. Purchasers and residents should understand the inconvenience that accompany living side-by-side with present or future agricultural operations and be prepared to accept such problems as the natural result of living in or near agricultural lands.

(Ord. 2144 § 1(part), 1990).

No pre-existing or future commercial agricultural operation conducted or maintained for and in a manner consistent with accepted agricultural practices and standards on agricultural land shall become or be a nuisance, public or private, due to any change in land uses in or about the locality thereof. The provisions of this section shall not apply whenever a nuisance results from agricultural operations inconsistent with accepted practices and standards or contrary to local, state and federal ordinances, laws and regulations.

(Ord. 2144 § 1(part), 1990).

A. To make Calaveras County landowners aware of the policies set forth in Section 14.02.040, the written disclosure statement set forth in subsection B of this section shall be:

1. Provided by the transferor of real property located in the unincorporated areas of Calaveras County to the transferee of such property upon any 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 dwelling units. The transferor shall require the transferee to sign a written disclosure statement set forth in subsection B of this section;

2. Provided by the Calaveras County planning department to applicants for discretionary development permits including but not limited to subdivision and conditional use permits for use on or adjacent to agricultural land. Each discretionary development permit shall include a condition that the owner of the property shall be required to sign a disclosure statement containing the language set forth in subsection B of this section acknowledging that the owners have been informed of the county's agricultural lands policy.

B. The disclosure statements shall read as follows:

Real property within or adjacent to areas zoned for agricultural operations or areas in zones which permit agricultural operations may be subject to inconveniences or discomfort arising from such operations. Calaveras County has determined that the use of real property for agricultural operations is a high priority and a proper and necessary use, and will not consider the inconveniences or discomforts arising from agricultural operations as a nuisance if such operations are consistent with accepted agricultural practices and standards.

(Ord. 2144 § 1(part), 1990).

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portion of this chapter.

(Ord. 2144 § 1(part), 1990).

Editor's note— Ord. No. 3012, § 1, adopted July 10, 2012, repealed § 14.02.100 which pertained to dispute resolution and derived from Ord. No. 2951, § 2, 6-3-2008.