Kern County Municipal Code Ch. 5.84 Industrial Hemp Cultivation

It is the purpose and intent of this chapter to implement a program to regulate the cultivation of hemp in a responsible manner in order to protect the health, safety, and welfare of the residents of the county of Kern and enforce rules and regulations consistent with state law. It is further the purpose and intent of this chapter to require all persons cultivating hemp in the unincorporated area of the county to obtain a permit to operate within the county of Kern. Nothing in this chapter is intended to authorize the cultivation of hemp for purposes that violate state or federal law. The provisions of this chapter are in addition to any other permits, licenses, and approvals, which may be required to conduct activity in the county.

(Ord. No. G-8897, § 2, 2-25-20)

Pursuant to Section 7 of Chapter XI of the California Constitution, the county of Kern is authorized to adopt ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare, including, but not limited to ordinances that establish standards, requirements, and regulations for the permitting of hemp cultivation. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable to all hemp cultivation in the unincorporated area of the county of Kern.

(Ord. No. G-8897, § 2, 2-25-20)

When used in this chapter, the following words shall have the meaning ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

A. "Hemp cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of hemp, including activities carried out by seed breeders or by established agricultural research institutions for research or educational purposes.

B. "Hemp" has the same meaning as in Section 11018.5 of the Health and Safety Code.

C. "Hemp cultivation permit" shall mean the permit to cultivate hemp established pursuant to this chapter.

D. "Established Agricultural Research Institution" is an institution of higher education as defined in Section 101 of the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1001), that grows or cultivates industrial hemp for purposes of research conducted under an agricultural pilot program or other agricultural or academic research in accordance with Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) or is otherwise approved by the California Secretary of Food and Agriculture.

E. "Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, activity trust, receiver, syndicate, or any other group or combination acting as a unit. Except as required by context, the singular shall include the plural, and the plural shall include the singular.

(Ord. No. G-8897, § 2, 2-25-20)

A. In addition to any regulations adopted by the board of Supervisors, the agricultural commissioner, or his designee, is authorized to establish additional rules, regulations, or standards governing the issuance or denial of hemp cultivation permits, the ongoing operation of hemp cultivation, and the county's monitoring and inspection activities if the agricultural commissioner determines the rule, regulation, or standard is necessary to carry out the purposes of this chapter.

B. Regulations issued by the agricultural commissioner shall be published on the county's website. A copy of the regulations established by the agricultural commissioner shall be filed with the clerk of the board.

C. Regulations promulgated by the agricultural commissioner shall become effective upon the date of publication.

(Ord. No. G-8897, § 2, 2-25-20)

No person shall cultivate hemp in the unincorporated area of the county of Kern without first obtaining a permit to cultivate as provided in this chapter, including cultivation for research purposes. A permit for cultivation may be issued to an established agricultural research institution only if it meets the definition set forth in this chapter.

A permit issued under this chapter does not grant any interest in real property or create any interest of value and is not transferable. Any attempt to transfer the permit shall cause the permit to be automatically revoked.

Receipt of a permit pursuant to this chapter has no bearing on whether a person will be registered by the California Department of Food and Agriculture for the cultivation of industrial hemp.

(Ord. No. G-8897, § 2, 2-25-20)

Prior to the cultivation of hemp in the unincorporated area of the county, the following requirements shall be met:

A. Applicants shall demonstrate that they meet the standards established in the application requirements or further amendments thereof as established by the agricultural commissioner.

B. Applicants must be the deed holder of the land upon which hemp is to be cultivated or provide a written consent from the deed holder, in a form acceptable to the agricultural commissioner, granting permission to cultivate industrial hemp on the specified parcel(s).

C. The land upon which hemp is to be cultivated must be located in agricultural zoning districts (A (Exclusive agriculture) and A-1 (Limited agriculture)).

D. Applicants shall demonstrate that they satisfy the registration requirements set forth in Division 24 of the Food and Agricultural Code.

E. Applicants shall provide the following information:

1. The name, physical address, and mailing address of the applicant.

2. The legal description, global positioning system coordinates, and map of the land area on which the applicant plans to engage in industrial hemp cultivation, storage, or both.

3. The cultivar to be grown, including the state or county of origin.

F. Applicants shall deposit funds or other security approved by county counsel sufficient to cover all costs and expenses incurred by the county in the destruction of non-compliant crops in accordance with Section 5.84.080. All such sums received by the county shall be deposited in to the county treasury and kept in a separate account for this purpose. Any funds deposited with the county shall be refundable one (1) year from the date of issuance of the hemp cultivation permit.

G. Applicants shall pay all fees established by this chapter.

H. All applications for hemp cultivation permits shall be submitted in accordance with the application process established by the agricultural commissioner. Applicants shall be responsible for the actual costs incurred by the county in regulating industrial hemp cultivation, including, but not limited to, the costs of staff time associated with processing a hemp cultivation permit, inspecting and monitoring hemp cultivation sites, sampling and testing, coordination with other affected county departments, and associated activities of the sheriff's rural crimes investigation unit. The amount of fees for such permits shall be set by the board of supervisors and shall not exceed the amount reasonably required to inspect, administer, or process the required permits, certificates, licenses, or other forms or documents, or to defray the costs of regulation required to be carried out by the county.

(Ord. No. G-8897, § 2, 2-25-20)

All hemp cultivation permits shall state the terms and conditions upon which industrial hemp may be cultivated, including but not limited to the following:

A. Hemp cultivation for research or educational purposes shall be limited to a total of one (1) acre per permit holder within the county of Kern.

B. On-site processing of hemp is prohibited without appropriate permitting under the zoning ordinance by the Kern County planning and natural resources department. For purposes of this section, on-site processing does not include those general agricultural cultivation practices as defined in Section 5.84.030, subsection A, above.

C. Any hemp cultivation site which abuts residentially zoned parcels or which is directly adjacent to a parcel that has an existing residential house (at the time the permit is issued) shall have an additional agricultural buffer of one hundred (100) feet on the side of the property adjacent to the property boundary line of the parcel which includes the hemp cultivation site. The one-hundred-foot agricultural buffer includes the centerline of the public roadway and any zoning setback. If a public roadway does not exist between the hemp cultivation site and the residentially zoned property or adjacent property with an existing house (at the time the permit is issued), then the one-hundred-foot setback shall be measured from the edge of the shared property line. The buffer shall be fully on the hemp cultivation site property and no buffer shall be required from the residential property with the exception of the adopted setbacks in the zoning ordinance for residential development. The person cultivating hemp shall be responsible for continued dust control and weed maintenance within the buffer area. Any existing residential house on the property used for hemp cultivation shall not require a buffer from planting.

D. Permit holders shall allow monitoring and inspection of any hemp cultivation site by the Kern County sheriff's office or any other department of the county of Kern. Permit holders shall be responsible for payment of the actual costs, including, but not limited to, the costs of staff time, for monitoring and inspection activities.

E. Hemp cultivation shall be conducted in accordance with all applicable state and local laws including but not limited to those related to setbacks, building permits, land conversion, grading, electricity, water usage, water quality, wildlife, woodland and riparian habitat and species protection, and agricultural discharges.

F. Hemp cultivation shall be in compliance with all state and local laws and regulations, including, but not limited to, any rules, regulations or standards adopted by the agricultural commissioner.

G. Permit holders shall grant to the county of Kern the right to enter onto any hemp cultivation site as reasonably necessary to destroy non-compliant crops pursuant to Section 5.84.080.

H. Failure to pay all fees attributable to county costs incurred due the permitting or regulation of industrial hemp shall be cause for revocation or non-renewal of a person's permit until all outstanding fees are paid in full.

I. Any violation of the terms of the permit shall be cause for revocation of the hemp cultivation permit.

J. Each hemp cultivation permit shall expire one (1) year from the date of issuance.

(Ord. No. G-8897, § 2, 2-25-20)

A. An industrial hemp crop which does not comply with the provisions of this chapter and all applicable provisions of state and federal law, and associated rules and regulations, shall be destroyed. Crop destruction shall proceed in accordance with all applicable laws and regulations, including Food and Agricultural Code Section 81006 and California Code of Regulations, Title 3, Sections 4950 and 4950.1.

B. It shall be the responsibility of the person cultivating industrial hemp to ensure that they are, at all times, operating in a manner compliant with all applicable federal, state, and local laws, and or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed by the county. Nothing in this chapter shall be construed as authorizing any actions that violate federal, state, or local law regarding the cultivation of industrial hemp.

(Ord. No. G-8897, § 2, 2-25-20)

To the fullest extent permitted by law, the county of Kern shall not assume any liability whatsoever with respect to having issued a permit to cultivate hemp pursuant to this chapter or otherwise approving the operation of any hemp cultivation.

(Ord. No. G-8897, § 2, 2-25-20)

Each and every violation of the provisions of this chapter is hereby deemed unlawful as provided in Section 1.12.030 of this code, and a public nuisance subject to abatement pursuant to Chapter 8.44 of this code and administrative penalties pursuant to Section 8.54.120(B) of this code. The county may also pursue any and all other remedies and actions available under applicable state and local laws.

(Ord. No. G-8897, § 2, 2-25-20)

Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Code of Ordinances of the county of Kern.

(Ord. No. G-8897, § 2, 2-25-20)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. No. G-8897, § 2, 2-25-20)