McFarland Municipal Code § 17.200 Prohibition on Concentrated Animal Feeding Operations (CAFOs)

A. The residents of the city of McFarland value healthy communities including having safe drinking water.

B. The State of California Water Quality Control Board adopted guidelines and regulations to provide for the control and reduction of salt and nitrates from degrading water quality within the Central Valley.

C. In February of 2025, the Central Valley Water Quality Control Board conditionally approved the Kern Water Collaborative Early Action Plan (early action plan) as one of the cornerstones of the Nitrate Control Program.

D. The early action plan identifies disadvantaged communities as areas that lack adequate financial resources to treat for nitrate and other contaminants.

E. The early action plan identifies confined animal feeding operations as a specific source of nitrate production within the planning area.

F. Existing confined animal feeding operations within the city limits of the city of McFarland are permitted by the Central Valley Regional Water Quality Control Board to house three thousand five hundred and fifty-three animal equivalent units at the facility.

G. Existing confined animal feeding operations within the city limits of the city of McFarland produce 14.7 million gallons of wastewater annually which contain high levels of nitrates and salts.

H. The residents of the city of McFarland have experienced increase levels of nitrates in the drinking water system.

I. The city of McFarland has taken steps to mitigate the increased nitrate levels on a temporary basis.

J. The residents of the city of McFarland desire to reduce nitrate producing sources within the city limits of the city of McFarland.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

The purpose of this section is to protect the environment and the health and well-being of McFarland residents and communities by prohibiting the operation of CAFOs, as defined herein, within the city limits of the city of McFarland.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

The following words and phrases as used in this chapter shall be defined as follows:

"Animal feeding operation" or "AFO" means a lot or facility that meets the regulatory definition of an AFO as set out by the Environmental Protection Agency in 40 CFR 122.23 as of August 2023. Specifically, a lot or facility (other than an aquatic animal production facility) is deemed an AFO where the following conditions are met:

A. Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period; and

B. Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

"Concentrated Animal Feeding Operation" or "CAFO" means an AFO which meets the definition of a small CAFO, medium CAFO or large CAFO, as defined herein, and set out by the Environmental Protection Agency in 40 CFR 122.23 as of August 2023, or which is designated as a CAFO of any size by the permitting authority.

"Large CAFO" means an AFO which confines at least the number of animals described in Table 17-0.

"Medium CAFO" means an AFO which falls within the size range in Table 18-0 and either:

A. Has a man-made ditch or pipe that carries manure or wastewater to surface water;

B. The animals come into contact with surface water that passes through the area where they're confined; or

C. Is designated as a medium CAFO by the permitting authority due to being a significant contributor of pollutants.

"Pre-existing CAFO" means a CAFO currently in existence in city of McFarland at the time the ordinance from which this chapter is derived becomes effective.

"Small CAFO" means an AFO which confines fewer than the number of animals listed in Table 17-0 and which has been designated as a CAFO by the permitting authority as a significant contributor of pollutants.

Table 17-0: Size Thresholds for CAFOs

(Ord. of 09-24-2025(1), § 1, 9-24-25)

Two or more lots or facilities that collectively meet the definition of a CAFO shall together be deemed a CAFO if they are under common ownership and are either on adjoining parcels or share a waste disposal system.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

A. No person shall establish, operate, expand, or maintain a CAFO in the city of McFarland on or after the date of the enactment of this section.

B. This section does not limit or impact the availability of remedies under other applicable local, state and federal laws, regulations, and ordinances, including but not limited to laws, regulations, and ordinances regarding environmental protection and animal cruelty.

C. The prohibitions in this section shall not apply to an evacuation area set up to temporarily stable animals in the case of a natural disaster or a declared state of emergency, or to a registered non-profit animal shelter, sanctuary, or rescue organization which does not sell animals or animal products.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

A. Notwithstanding anything in this section, pre-existing CAFOs shall be deemed a nonconforming use and shall be required to register on a public database maintained by the city of McFarland.

B. Pre-existing CAFOs shall be given a phase-out period of no more than twenty-four months from the effective date of this section to terminate their operations. Proof of this shall be provided to the city of McFarland prior to the end of the phase-out period. During the phase-out period, pre-existing CAFOs shall not increase the number of animals in confinement.

C. The city manager or his/her designee shall inspect closed CAFOs within one month of receiving such proof of termination from a pre-existing CAFO to ensure that all relevant operations have ceased or been appropriately terminated.

D. Any pre-existing CAFO may apply to the city of McFarland for ninety day extensions beyond the phase-out period identified in section 17.200.060B., provided that no more than two extension periods are granted. The extensions would be in the form of a conditional use permit and would include plans and phases for the termination of the pre-existing CAFO and may include the payment of exactions as determined by the city council.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

A. Any person who continues to operate a pre-existing CAFO after the one year phase-out period elapses (or any extension as provided in 17.200.060D.), or who establishes or maintains a CAFO following the enactment of this section, or who violates any other provision of this section, shall be subject to a civil penalty of one thousand dollars for the first offense, five thousand dollars for the second offense, and ten thousand dollars for the third and any subsequent offenses, payable to the city of McFarland General Fund.

B. Notwithstanding the foregoing, the city manager or his/her designee may also pursue on behalf of the city any other civil or administrative penalty or remedy otherwise available for failure to comply with the requirements of this section.

C. Each day, or portion thereof, during which the violation occurs shall be treated as a separate offense.

D. Nothing herein shall impact the standing of other interested parties, or the availability of remedies under other applicable federal, state and local laws, regulations and ordinances, including the remedies afforded by any person set forth in 17.200.100 of this chapter.

E. For the purposes of this section 17.200.070, "person" includes any owner, officer, or director of a CAFO. No penalties shall be issued to individuals solely for working at a CAFO operation unless they also meet one of the foregoing criteria.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

The city manager or his/her designee shall prepare an annual report containing the following information: The number of CAFOs currently operating in city of McFarland; the number of CAFO termination notices received in the previous year; the number of CAFO termination inspections conducted in the previous year; the number of CAFO workers in the retraining program; and the amount of penalties assessed and collected in the previous year. Such report shall be presented to the city council at a duly-noticed public hearing and posted on the city's webpage, beginning one year after the effective date of this section and continuing until all CAFOs, as defined herein, have been phased out of the city.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

Any interested party may institute a civil proceeding for injunctive relief against a violation of this section, and for whatever other additional relief the court deems appropriate. In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorney's fees and costs. The remedies available under this section shall be in addition to, and shall not in any way restrict, any other rights or remedies under law. Nothing in this section is intended to, or shall be interpreted to, conflict with the Constitution of the United States, the Constitution of the State of California, or with any state or federal law. For the purposes of this section, "interested party" shall include but not be limited to any association, organization, society, or corporation organized for the purpose of protecting animals or the environment.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

Any person who retaliates against another person for making a good-faith complaint that there has been a failure to comply with this section is guilty of a misdemeanor.

(Ord. of 09-24-2025(1), § 1, 9-24-25)

The provisions of this section are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this section, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this section, or the validity of its application to other persons or circumstances. In the event that any provision is severed, the remaining provisions of this section shall be interpreted in light of its stated purpose and intent.

(Ord. of 09-24-2025(1), § 1, 9-24-25)