Chapter 5.26 — INDUSTRIAL HEMP

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 Madera and enforce rules and regulations consistent with state and federal law. It is further the purpose and intent of this chapter to require all persons cultivating hemp to register and obtain a permit to operate within the County of Madera. 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. 688, § 2, 6-2-20).

Pursuant to Section 7 of Article XI of the California Constitution, the County of Madera is authorized to adopt 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 in the County of Madera to all hemp cultivation.

(Ord. No. 688, § 2, 6-2-20).

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:

"Established agricultural research institution" or "EARI" has the same meaning as "institution of higher education" defined in Section 1001 of the Federal Higher Education Act of 1965 (20 U.S.C. Sec. 1001), and that grows, cultivates, or manufactures industrial hemp for purposes of research conducted under an agricultural pilot program or other agricultural or academic research.

"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.

"Industrial hemp" or "hemp" has the same meaning as in Section 11018.5 of the Health and Safety Code.

"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, in the plural as well as the singular.

"Processing" means the operation of receiving, packing, fermenting, distilling, extracting, preserving, grinding, crushing, or changing the form of any industrial hemp, for the purpose of preparing it for market or of marketing such industrial hemp.

"Seed breeder" has the same meaning as in Section 81000(f) of the Food and Agricultural Code.

"Sensitive receptor" means any church, child daycare, school, hospital, park, or youth and elderly oriented facility.

(Ord. No. 323B, § 2, 12-10-19).

A.

Subject to approval by the board of supervisors, the agricultural commissioner-sealer, or designee thereof, is authorized to establish additional rules, regulations, or standards governing the issuance or denial of hemp permits, the ongoing operation of hemp cultivation, and the county's monitoring and inspection activities if the agricultural commissioner-sealer determines the rule, regulation, or standard is necessary to carry out the purposes of this chapter.

B.

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

(Ord. No. 688, § 2, 6-2-20).

Except as authorized in this chapter, no person shall cultivate hemp, commercially, as an EARI, or otherwise, in the unincorporated area of the County of Madera without first registering and obtaining a permit to cultivate as provided 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.

(Ord. No. 688, § 2, 6-2-20).

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

A.

All applications for hemp cultivation registration and permits shall be submitted to the agricultural commissioner-sealer.

B.

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

C.

Applicants shall provide all information required under Sections 81003, 81004, and 81004.5 of the Food and Agricultural Code, as applicable. In addition, applicants shall report the type of hemp grow for monitoring of cross pollination.

D.

Parcels upon which hemp is to be cultivated must be located a minimum of one-half mile outside of the city boundary limits of any city municipality.

E.

Applicants must be the record holder of title of the land upon which hemp is to be cultivated, or provide written consent in a form acceptable to the agricultural commissioner signed by the holder of title granting permission for the cultivation of industrial hemp on the specified parcel(s).

F.

A person may be issued only one hemp cultivation permit.

G.

Applicants shall pay the state registration fee as set forth in Section 4900, title 3, of the California Code of Regulations.

H.

Applicants shall be responsible for the actual costs, including, but not limited to, the costs of staff time, associated with processing a registration and permit for hemp cultivation as established by the county.

(Ord. No. 688, § 2, 6-2-20).

Permit holders shall comply with the following terms and conditions:

A.

Hemp cultivation for research or educational purposes shall be limited to a maximum of one acre per permit holder within the County of Madera.

B.

Hemp cultivation for commercial purposes shall be limited to a maximum of eighty acres per permit holder within the County of Madera.

C.

Any structure(s) or facilities used for the processing of industrial hemp must have all permits required under state law and this code, and must otherwise comply with all other applicable requirements of the Madera County Code.

D.

In order to maintain the public health, safety, and welfare, as a condition of obtaining and maintaining a permit under this chapter, the permit holder must consent to reasonable inspection and sampling of the holder's industrial hemp crop and inventory by the Madera County Sheriff's Office or county personnel, including inspection of cultivation sites by aerial drones.

E.

Hemp cultivation shall meet the following setback requirements:

Fifty feet from any boundary line of the parcel, unless the boundary line is adjacent to the boundary line of a parcel that is either owned, managed, or otherwise under the control of the person who obtained the permit for the cultivation of industrial hemp.

One-half mile from any parcel containing a sensitive receptor.

One-quarter mile from any parcel containing a residence, excluding a residence owned or occupied by the permit holder, or where written consent has been obtained from the residence owner.

F.

All parcels used for the cultivation of industrial hemp shall have onsite signage indicating that hemp cultivation is on site. The sign shall:

Contain letters and symbols at least five inches in height with sharply contrasting colors with the immediate background to be visible and legible to passersby.

Be posted at the corners of the parcel and at all usual points of entry to the parcel including each road, footpath, walkway, or aisle that enters the cultivation area. When a parcel is adjacent to a public right-of- way, such as a road, trail or path, signs should be posted at intervals not exceeding six hundred feet along the parcel's border with the right-of-way.

G.

Hemp cultivation shall be in compliance with all state and local laws and regulations, including, but not limited to, land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and any rules, regulations or standards adopted by the agricultural commissioner-sealer.

H.

Each registration and permit issued pursuant to this chapter shall expire one year from the date of issuance.

I.

For any person engaged in hemp cultivation without the permit required by this chapter, any industrial hemp within the person's possession or control shall be considered marijuana under Chapter 18.87.

(Ord. No. 688, § 2, 6-2-20).

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

(Ord. No. 688, § 2, 6-2-20).

Each and every violation of the provisions of this chapter or associated rules, regulations, or standards is hereby deemed unlawful and a public nuisance and violators shall be subject to revocation of permit. Agricultural commissioner-sealer may revoke an industrial hemp permit for good cause.

A.

Notice. Before revocation of a permit, the permittee shall be provided with written notice of the revocation by personal delivery or certified mail. The notice shall provide for revocation of their permit fifteen calendar days after service of the notice (the date of the mailing or personal service) unless the permittee requests an appeal hearing. The notice shall instruct the permittee how to file an appeal.

B.

Appeal. Within fifteen calendar days of service of the revocation notice, the permittee may file an appeal of the revocation and request a hearing be held in accordance with Section 5.26.100. If an appeal is filed, the

board may approve, conditionally approve, modify, or deny the revocation based upon grounds as set forth in subsection E of this section.

C.

Stay of Revocation Pending Appeal. If an appeal is filed, the revocation decision of the agricultural commissioner-sealer shall be stayed pending a decision.

D.

Effect of no Appeal: Final Decision. If after the passage of fifteen calendar days from service of the revocation notice the permittee has not requested an appeal, the revocation decision of the agricultural commissioner-sealer shall become final.

E.

Grounds for Revocation. A permit may be revoked for good cause on the basis of any of the following:

The permit was obtained by fraud;

Any person making use of such permit is violating or has violated any conditions or regulations of such permit;

The detriment to the public health or safety arising from industrial hemp cultivation necessitates the revocation of the permit; or

The permittee allows any industrial hemp cultivation to operate in a manner which constitutes a nuisance, where the permittee has failed to abate the nuisance after reasonable notice.

The permittee has violated, or permitted any other person under his/her control or supervision to violate, any provision of this chapter, any associated rules, regulations, standards, or of other local, state, or federal law in connection with industrial hemp grows.

(Ord. No. 688, § 2, 6-2-20).

Any refusal by the agricultural commissioner-sealer to issue a permit, refusal to renew an existing permit, or revocation of an existing permit is appealable to the board of supervisors. The appeal must be filed with the clerk of the board of supervisors within fifteen calendar days following service of the agricultural

commissioner-sealer's written decision, after which time the decision of the agricultural commissioner- sealer becomes final.

(Ord. No. 688, § 2, 6-2-20).

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 Madera.

(Ord. No. 688, § 2, 6-2-20).

A.

All abatement costs incurred by the county in the abatement of violations of this chapter may be recovered. The permit holder and/or the property owner shall be held in the joint and several liability, as applicable, for county's enforcement costs for responding to the violation.

B.

The county shall be entitled to recover costs for all time, services, and materials needed to implement, administer and enforce any section of this chapter, including destruction of non-compliant crops of industrial hemp, inspections necessitated by reports of non-compliant industrial hemp crops, and other enforcement actions as necessary.

C.

Multiple responses. If the Madera County Sheriffs Department is required to respond to a grow location for a hemp cultivation related incident more than four times in any one hundred twenty-day period, including a fourth response during the same day or night as the first response, and the response requires intervention by the department to protect the public health, safety or welfare, the permit holder and/or property owner shall be jointly and severally liable for the response costs for all subsequent responses, regardless of whether the department initiates any law enforcement action. The multiple response shall apply to the same or similar department responses occurring during the applicable time period.

(Ord. No. 688, § 2, 6-2-20).

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. 688, § 2, 6-2-20).