Modoc County Municipal Code Ch. 8.28 Right-to-Farm

It is the declared policy of Modoc County that it is in the public interest to conserve and protect agricultural land and to encourage agricultural operations within the county. This chapter is adopted in recognition of agriculture's right to farm. Its purposes are:

A. To implement the goals and policies of the Modoc County General Plan;

B. To reduce the loss to the county of its agricultural resources by limiting the circumstances under which agricultural operations may be considered a nuisance. Where nonagricultural land uses extend into agricultural areas or exist side by side, agricultural operations may become the subjects of nuisance complaints and may be forced to cease or curtail operations. Such actions discourage investments in farm improvements to the detriment of adjacent agricultural use and the economic viability of the county's agricultural industry as a whole. This section is not to be construed as in any way modifying or abridging state law relative to nuisances, but is to be utilized in the interpretation and enforcement of the provisions of this code and other county regulations.

C. To promote a good neighbor policy between agriculturalists and residents by advising purchasers and users of property adjacent to or near agricultural operations of the right to farm and the inherent potential problems or inconveniences that accompany living side by side with agriculture, so that users and purchasers will be prepared to accept such problems as the natural result of living in or near rural areas.

(Ord. 291 §1(part), 1989)

The words and phrases set out in this section shall have the designated meanings in this chapter:

A. "Agricultural land" means all the unincorporated lands within the boundaries of the county which are zoned AG, AE, TP, RC, LIC, OFG or LI pursuant to Title 18 of this code.

B. "Agricultural operation" means and includes, but is not limited to, the cultivation, tillage and fertilization of the soil, dairying, the production, irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture, timber or apiculture, the raising of livestock, furbearing animals, fish or poultry, and any commercial agricultural practices performed 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. 291 §1(part), 1989)

No present or future agricultural activity, operation or facility or appurtenances thereof, on agricultural land, conducted or maintained for commercial purposes, and in a manner consistent with the Modoc County Code and with proper and accepted customs and standards, as established and followed by similar agricultural operations, shall be or become a nuisance, public or private.

(Ord. 291 §1(part), 1989)

A. The disclosure set forth in subsection B of this section is made to all owners, users and purchasers of land in Modoc County, and further may be used under the following circumstances and in the following manners:

1. Upon any transfer of real property defined, as or within three hundred feet of, agricultural land 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 residential stock cooperative improved with dwelling units, the transferor may require that a statement containing the language set forth in subsection B shall be signed by the purchaser and recorded in the county recorder's office in conjunction with the deed conveying the real property.

2. As a condition of the approval of a development permit on, or within three hundred feet of, agricultural land, including but not limited to, subdivisions, lot line adjustments, use permits or building permits for residential occupancies, the approving or issuing body may require a statement of acknowledgement containing the disclosure in subsection B of this section on forms provided by the planning department to be recorded in the county recorder's office.

B. Disclosure of RighttoFarm. The property described herein is defined as agricultural land or is within three hundred feet of such land. As such, the residents may be subject to inconveniences or discomfort arising from such operations, including but not limited to, noise, odors, fumes, dust, the operation of machinery of any kind during any twentyfour hour period (including aircraft), the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. Modoc County has determined that the use of agricultural land for agricultural operations is a high priority in the county and shall not consider to be a nuisance those inconveniences or discomforts arising from agricultural operations, if such operations are consistent with accepted customs and standards. The Modoc County code provides a grievance procedure to resolve disputes which may arise regarding any inconvenience or discomfort caused by agricultural operations on agricultural land.

(Ord. 291 §1(part), 1989)

Should any controversy arise regarding any inconvenience or discomforts caused by agricultural operations, including but not limited to noises, odors, fumes, dust, the operation of machinery of any kind during any twenty-four-hour period (including aircraft), the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides, the parties shall submit the controversy to the grievance committee as provided in Section 8.28.060 in attempt to resolve the matter prior to the filing of any court action.

(Ord. 291 § 1(part), 1989)

A. The Modoc County planning commission is designated as the grievance committee.

B. Any controversy between the parties shall be submitted to the Modoc County planning director within thirty days of the date of the occurrence of the particular activity giving rise to the controversy or of the date a party became aware of the occurrence.

C. The parties recognize the value and importance of full discussion and complete presentation and agreement concerning all pertinent facts in order to eliminate any misunderstandings. The parties will cooperate in the exchange of pertinent information concerning the controversy.

D. The controversy shall be filed with the planning director within the time limit specified. Within thirty days of filing, the planning commission shall hold a hearing to consider the merits of the matter, at which time both parties shall have an opportunity to be heard. Notice of hearing shall be given in writing at least ten days prior to the hearing. Within twenty days of the hearing, the planning commission shall render a written decision to the parties.

(Ord. 291 § 1(part), 1989)

This chapter shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith and to the extent they do conflict with this chapter, they are hereby repealed with respect to the conflict and no further.

(Ord. 291 § 1(part), 1989)