Marin County Municipal Code Ch. 23.03 Right to Farm

It is the purpose and intent of this chapter to reduce the loss to the county of its agricultural resources by limiting the circumstances under which agricultural operations may be considered a nuisance. 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, Good 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.

(Ord. 3216 § 2 (part), 1995)

As used in this chapter the following words have the designated meanings:

"Agricultural land" means land areas of the county designated in the Marin countywide plan as Agriculture 1, 2 and 3 and Agriculture and Conservation 1, 2 and 3 and/or included in agricultural zoning districts A, APZ and ARP.

"Agricultural operation" means a condition or activity that occurs in connection with the commercial production of food or fiber and includes cultivation and tillage of the soil; dairying; the production, irrigation, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture, apiculture, the raising of livestock, fish, shellfish 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 transpiration to market.

(Ord. 3216 § 2 (part), 1995)

It is the declared policy of the county to conserve, protect, enhance and encourage agricultural operations within the county. Where nonagricultural land uses extend into agricultural areas or exist side by side, agricultural operations may become the subject of nuisance complaints. As a result, agricultural operations may be forced to cease or curtail operations and agricultural operators may be discouraged from making investments in farm improvements.

(Ord. 3216 § 2 (part), 1995)

No agricultural activity, operation or facility or appurtenances thereof, on agricultural land, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards and with all chapters of this code as established and followed by similar agricultural operations, shall be or become a nuisance, pursuant to this code, if it was not a nuisance when it began.

(Ord. 3216 § 2 (part), 1995)

(a) The following notice shall be used for disclosure concerning agricultural operations:

The County of Marin has established a policy to protect and encourage Agricultural Operations on Agricultural Land. If your real property is located near an Agricultural Operation on Agricultural Land, you may at some time be subject to inconvenience or discomfort arising from Agricultural Operations, including but not limited to, noise, odors, fumes, dust, the operation of machinery, the storage and disposal of manure, and the application of chemical fertilizers, soil amendments, herbicides and pesticides. If conducted in a manner consistent with proper and accepted standards, these inconveniences or discomforts are hereby deemed not to constitute a nuisance for purposes of the Marin County Code.

(b) The disclosure statement set forth in subsection (a) of this section shall be used under the following circumstances and in the following manner:

(1) The county shall mail a copy of the disclosure statement to all owners of real property in the unincorporated areas of the county, which is designated as agricultural land or which is adjacent to agricultural land. Failure by the county to mail such a disclosure shall not operate to invalidate this section.

(2) Upon any transfer of real property on or adjacent to agricultural land, as defined in Section 23.03.020, by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or transfer of residential stock cooperative, the transferor shall require that the disclosure statement set forth in subsection (a) of this section shall be signed by the purchaser, transferee or lessee acknowledging receipt of the disclosure statement.

(3) Upon the issuance of a discretionary development permit, including but not limited to subdivision and land use permits for use on or adjacent to agricultural land, the discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the disclosure statement in subsection (a) of this section on forms provided by the planning division, community development agency, which form shall then be recorded in the county recorder's office.

(Ord. 3216 § 2 (part), 1995)