Del Norte County Municipal Code § 7.42 Right To Farm

• 7.42.40 Agricultural Operation That Do Not Constitute A Nuisance

This chapter shall be entitled and may be referred to as the "Right-to-Farm Ordinance" of Del Norte County.

(Ord. 2008-005 § 2008)

It is declared policy of the county to conserve and protect agricultural land and to encourage agricultural operations within the county. Where nonagricultural land uses, including but not limited to residential development, extend into or adjoin areas of agricultural operations within the county. Where nonagricultural land uses, including but not limited to residential development, extend into or adjoin areas of agricultural land, agricultural operation following normally accepted agricultural management practices can become the subject of nuisance complaints. As a result, agricultural operations are sometimes forced to curtail or cease operations in view of, and while addressing, such nuisance complaints and operators are discouraged from making investments in farm improvements to the detriment of the economic viability of the county's agricultural industry as a whole. It is the purpose and intent of this ordinance to reduce the loss to the county of its agricultural resources by limiting circumstances under which agricultural operations may be considered a nuisance. This ordinance is not to be construed as in any way modifying or abridging state law relative to nuisances, but is to be utilized in the interpretation and enforcement of the provisions of this ordinance and other applicable county regulations.

A further purpose of this ordinance is to promote a good neighbor policy through public education which advises land owners and users of property adjacent to or near agricultural operations of the inherent potential agricultural practices that are likely to take place in such areas. These normally accepted agricultural management practices may result in such things as noises, odors, vibration, dust, chemical applications, smoke, twenty-four hour operations, mist and incidental spray from irrigations systems, traffic congestion due to farm vehicles on the roads and bird hazing activities such as sound generated from acoustic cannons and gun shots.

(Ord. 2008-005 § 2008)

1. Definition of Agricultural Land. "Agricultural Land" means those lands of the county which are zoned to allow agricultural uses and are designated as an AE (Agriculture Exclusive), A-5 (Agricultural General-5 acre minimum lot size), A-20 (Agricultural General - 20 acre minimum lot size), A (Agricultural), AF Agricultural Forestry) Zone District.

2. Definition of Agricultural Operations, Agricultural Operations means the cultivation and tillage of the soil, the burning of agricultural waste products or other agricultural burning, protection of crops and livestock from insects, pests, diseases, birds, predators or other pests damaging or which could potentially damage crops, the proper and lawful use of agricultural chemicals, including but not limited to the application of pesticides and fertilizers, or the raising, production, irrigation, pruning, harvesting, or processing of an agricultural commodity, and any commercial agricultural practices performed as incidental to or in conjunction with such operation, including preparation for market, delivery to storage or to market, or to carriers for transportation to market, delivery to storage or to market, or to carriers for transportation to market, or equipment, device or vehicle used in conjunction with a farming practice on a public road or movement of livestock on a public road.

To constitute Agricultural Operations the activity must be consistent with the permitted uses and uses permitted by use permit on lands zoned for agricultural uses; designated as an AE (Agriculture Exclusive), A-5 (Agricultural General - 5 acre minimum lot size), A-20 (Agricultural General-20 acre minimum lot size), A (Agricultural), AF (Agriculture Forestry) Zone District.

(Ord. 2008-005 § 2008)

No Agricultural Operation conducted or maintained for commercial purposes, and in a manner consistent with all chapters of the Del Norte County Code and state and federal law, shall be or become a nuisance, private or public, due to any changed condition in or about the locality if such activity did not constitute a nuisance when it began. Further, any changed condition of the use of adjacent land in or about the locality thereof shall not constitute a basis for declaring any agricultural operation as a nuisance; provided, that the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation and its appurtenances or if the agricultural activity or appurtenances obstruct the free passage or use in the customary manner of any navigable lake, stream, river, canal, or basin or any public park, square, street or highway. Nothing in this definition is to be construed as in any way modifying or abridging any federal, state, or local law relative to nuisances or other regulated activities of the property owner.

(Ord. 2008-005 § 2008)

An interested party may submit a written complaint to the nuisance abatement officer or the County Agricultural Commissioner for an opinion as to whether a particular agricultural operation constitutes a nuisance. In the event a dispute arises between an owner of an agricultural operation and a resident (or residents) or other business activity in or about the locality thereof as to whether a particular agricultural operation constitutes a nuisance, an interested party may submit a written complaint to the local public agency that regulates nuisance abatement. The county may exercise its discretion in the manner and to the extent to which an investigation is required and may respond in any way deemed appropriate to the circumstances including by writing, through a phone call or by an in-person visit. The nuisance abatement officer shall consult with the County Agricultural Commissioner as part of his/her investigation regarding a nuisance complaint. The county shall not prosecute nuisance complaints against Agricultural Operations without the approval of the Agricultural Commissioner. The County is not required to investigate complaints if the county has reason to believe that the complaint is based on normally accepted agricultural practices.

(Ord. 2008-005 § 2008)

No Agricultural Operations on lands zoned AE, A-5, A-20, A, or AF, including agricultural uses, shall give rise to any private or public right of action or claim for relief based on conduct that is declared not to constitute a nuisance as defined therein.

(Ord. 2008-005 § 2008)

A written Right-To-Farm disclosure statement shall be included with all land use and building permits issued by the county. The disclosure statement shall at a minimum, include a summary of the Right-To-Farm ordinance, its applicability throughout the county and a statement that intensive agricultural activities may be conducted on agricultural lands within the county.

(Ord. 2008-005 § 2008)