Lassen County Municipal Code Ch. 6.02 Protection of the Right to Farm

(a) When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease or are substantially curtailed. Others may be discouraged from making investments in agricultural improvements. It is the purpose of this chapter to reduce the loss to the county of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance. It is the further intent of this chapter to provide to the residents of the county proper notification of the county's recognition and support through this chapter of those person's and/or entities' right to farm.

(b) This chapter is not to be construed as in any way modifying or abridging state law as set out in the California 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; rather it is only to be utilized in the interpretation and enforcement of the provisions of this code and county regulations.

(c) An additional purpose of this chapter is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems, discomfort or inconveniences associated with such purchases or residence. Such problems, discomfort or inconveniences may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any twenty-four-hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, pesticides and grazing of livestock under open range. One or more of the inconveniences described may occur as a result of any agricultural operation which is in conformance with existing laws and regulations and accepted customs and standards. Persons living near any agricultural areas should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas.

(Ord. 451B § 1, 1993)

For purposes of this chapter:

"Agricultural land"

means all that real property within the boundaries of Lassen County currently used for agricultural operations or upon which agricultural operations may in the future be established.

"Agricultural operation"

means and includes, but is not limited to the cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting and processing of agricultural commodity, including viticulture, horticulture, timber or apiculture; the raising of livestock, fur bearing animals, fish or poultry; and any commercial agricultural practices performed as incident to or in conjunction; with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

(Ord. 451B § 1, 1993)

No agricultural activity, operation or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, and consistent with all chapters of the Lassen County Code, 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.

(Ord. 451B § 1, 1993)

(a) The disclosure statement required by this chapter shall be used under the following circumstances and in the following manners:

(1) The county of Lassen shall mail a copy of the disclosure set out at subsection (b) of this section to all owners of real property in Lassen County with the annual tax bill for fiscal year 1993-94.

(2) Upon any transfer of real property by sale, exchange, installment land sale contract, lease with option to purchase, any other option to purchase, or ground lease coupled with improvements, or residential stock cooperative improved with dwelling units, the transferor shall require that a statement containing the language set forth in subsection (b) shall be delivered to the purchaser or lessee.

(3) Upon the issuance of a discretionary development permit, including but not limited to subdivision permits and use permits, for use on or adjacent to lands zoned agricultural operations. The discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgement containing the disclosure set out in subsection (b) of this section on forms provided by the planning department.

(b) The disclosure required by subsection (a)(2) is set forth herein, and shall be made on a copy of the following disclosure form:

REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE COUNTY OF LASSEN, STATE OF CALIFORNIA, DESCRIBED AS THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO. _______________ OF SAID COUNTY CODE AS OF _______________, 1993. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPLE(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. I 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 LASSEN 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.

(Ord. 451B § 1, 1993)

The cultivation of industrial hemp shall not be considered an agricultural activity that enjoys the protection of the right to farm pursuant to Section 6.02.040 above.

(Ord. 2019-03 § 10)