Monterey County Municipal Code Ch. 16.40 Protection of Agricultural Activities

A. The purpose of this Chapter is to promote the long-term protection, conservation, and enhancement of productive and potentially productive agricultural land and to minimize potential conflict between agricultural and non-agricultural land uses within the County. Where non-agricultural land uses, especially residential development, extend into agricultural lands or are located in the vicinity of agricultural lands, agricultural operations may be subject to nuisance complaints which may be the result of lack of information about such operations. Such complaints may cause the curtailment of agricultural operations and discourage investment for the improvement of agricultural land to the detriment of the economic viability of the agricultural industry of the County. The intent of this Chapter is to accord increased protection from nuisance claims to agricultural operations that are conducted in accord with all applicable laws and regulations and consistent with proper and accepted customs and practices. By increasing the protection of agricultural operations from nuisance claims, the provisions of this Chapter are intended to promote the long-term protection, conservation and enhancement of productive and potentially productive agricultural lands of Monterey County.

B. An additional purpose of this Chapter is to promote a good neighbor policy by increasing the awareness of property owners located near agricultural operations, potential purchasers of real property located near agricultural operations, residents of the County, and the general public of the potential conditions that result from accepted agricultural practices in Monterey County and of the potential inconveniences or discomforts associated with living in and/or visiting a county with a strong rural character and healthy agricultural sector and with related "right to farm" protections, so long as the agricultural operations are conducted in a manner consistent with proper and accepted customs and standards. These potential inconveniences or discomforts may include, but are not limited to, noises, odors, lights, reflective surfaces, fumes, insects, dust, chemicals, smoke, the operation of machinery (including aircraft), agricultural truck traffic, crop rotation, and impacts associated with the presence of a large labor force. Informing the populace about the importance of agriculture to the economy and lifestyle of Monterey County and the nature of agricultural operations is critical to public support for continued agricultural operations.

C. This Chapter also establishes a voluntary dispute resolution process that is less formal and less expensive than court proceedings, with the goal of resolving complaints about agricultural operations without litigation.

(Ord. No. 5248, § 3, 10-28-2014)

The provisions of this Chapter apply County-wide.

(Ord. No. 5248, § 4, 10-28-2014)

Unless the context otherwise requires, the following definitions in this Section shall govern the interpretation of this Chapter.

A. "Agricultural land" means all real property within the unincorporated boundaries of Monterey County currently used for agricultural operations or upon which agricultural operations may in the future be established.

B. "Agricultural operation" shall mean and include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity including horticulture, timber, or apiculture, the raising of livestock, fish, or poultry, and any acceptable cultural practices performed as incident to, or in conjunction with such farming operations, including preparation for market, delivery to storage or market, or delivery to carriers for transportation to market.

C. "Farm operation" means those activities normally conducted in the pursuit of agricultural operations which includes the farming of trees for commercial purposes.

D. "Nuisance" shall have the meaning ascribed to that term in California Civil Code Section 3479, as may be amended from time to time.

E. "Proper and accepted customs and standards" means the compliance with all applicable State and Federal statutes and regulations governing the agricultural operation or farm operation with respect to the condition or effect alleged to be a nuisance.

F. "Transfer of property" means any real property sale, exchange, installment land sale contract (as defined in California Civil Code Section 2985, as may be amended from time to time), lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or residential stock cooperation, improved with or consisting of not less than one dwelling unit.

(Ord. 3728, 1993)

Editor's note— Ord. No. 5248, § 5, adopted Oct. 28, 2014, repealed § 16.40.020, which pertained to findings and derived from Ord. 3728, 1993.

A. No agricultural operation, farm operation, or agricultural activity, facility, or appurtenance 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, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began.

B. Subsection A shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof, obstructs the free passage or use, in the in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway.

C. This Section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agriculture Code, or Division 7 (commencing with Section 13000) of the Water Code, if the agricultural activity, operation, or facility, or appurtenances thereof, constitute a nuisance, public or private, as specifically defined or described in any such provision.

D. Persons who have a complaint that an agricultural operation interferes with private property or personal well-being are encouraged to pursue the voluntary dispute resolution process provided in Section 16.40.050 of this Chapter. This Subsection shall not prevent a public agency from enforcing the provisions of other applicable laws without first resorting to the dispute resolution process.

(Ord. 3728, 1993)

(Ord. No. 5248, § 6, 10-28-2014)

A. Notice to Purchasers of Real Property. Any authorized agent for a transferor of real property that is located in the County of Monterey, or the transferor if he or she is acting without an agent, shall provide a "right to farm" notice to the potential purchaser of said real property in substantially the following form:

NOTICE TO PURCHASERS OF REAL PROPERTY:

Notice is hereby provided that the Monterey County Board of Supervisors has adopted an ordinance (codified at Chapter 16.40 (Protection of Agricultural Activities) of the Monterey County Code) to protect agricultural resources and agricultural operations from nuisance claims. It is the policy of the County of Monterey to promote the long-term protection, conservation, and enhancement of productive and potentially productive agricultural land and to minimize potential conflict between agricultural and non-agricultural land uses within the County. Where non-agricultural land uses, especially residential development, extend into agricultural lands or are located in the vicinity of agricultural lands, agricultural operations may be subject to nuisance complaints which may be the result of lack of information about such operations. Such complaints may cause the curtailment of agricultural operations and discourage investment for improvement of agricultural land to the detriment of the economic viability of the agricultural industry of the County. Therefore, it is the intent of Chapter 16.40 of the Monterey County Code to promote a good neighbor policy by advising property owners, potential purchasers of real property located near agricultural operations, residents of the County, and the general public of the potential inconveniences or discomforts associated with living and/or visiting a county with a strong rural character and healthy agricultural sector, so long as the agricultural operations are conducted in a manner consistent with proper and accepted customs and standards. These potential inconveniences or discomforts may include, but are not limited to, noises, odors, lights, reflective surfaces, fumes, insects, dust, chemicals, smoke, the operation of machinery (including aircraft), agricultural truck traffic, and crop rotation, and impacts associated with the presence of a large labor force.

Thus, as a resident or visitor of Monterey County, you are hereby notified that you must be prepared to accept certain inconveniences or discomforts that are caused by agricultural operations as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. The Board of Supervisors has also established a voluntary dispute resolution process to assist in resolving complaints about agricultural operations without litigation.

For further information regarding County policies in respect to agriculture or the voluntary dispute resolution process, you are invited to contact the Monterey County Office of the Agricultural Commissioner.

B. Notice to Construction Permit Applicants. The County Resource Management Agency-Building Services Department shall provide notice to all applicants applying for construction permits in the unincorporated area of Monterey County of the existence of Chapter 16.40 (Protection of Agricultural Activities) of the Monterey County Code. This notice shall refer the applicant to Chapter 16.40 for detailed information on the protection of agricultural activities in the County.

(Ord. No. 5248, § 7, 10-28-2014)

A. Voluntary Dispute Resolution Process. Should any dispute arise regarding any inconvenience or discomfort occasioned by agricultural operations which cannot be settled by direct negotiation of the parties involved, the parties may choose to submit the dispute to the voluntary dispute resolution process as set forth in this Section in an attempt to resolve the matter prior to the filing of any court action.

B. Role of Agricultural Commissioner. The Monterey County Agricultural Commissioner or his or her designee in the Monterey County Office of the Agricultural Commissioner (hereafter "Agricultural Commissioner") shall serve as the County official to hear and mediate disputes relating to inconveniences or discomforts associated with adjacency to agricultural operations. The Agricultural Commissioner shall convene meetings among the parties to the dispute as needed, shall provide notice of such meetings to all known parties to the dispute, and shall provide an opportunity for all known parties to the dispute to be heard.

C. Cooperation. The effectiveness of the voluntary dispute resolution process is dependent upon full discussion and complete presentation by the parties of all pertinent facts concerning the dispute in order to eliminate any misunderstandings. The parties are encouraged to cooperate in the exchange of pertinent information concerning the dispute.

D. Process. The dispute resolution process shall be initiated by written request of one of the parties. Thereafter the Agricultural Commissioner or his or her designee may investigate the facts of the dispute but must, within twenty-five (25) days or as soon thereafter as is feasible, hold a meeting among all known parties to the dispute to consider the merits of the matter and within five days of the meeting render a written decision to the parties. At the time of the meeting, the parties shall have an opportunity to present what each considers pertinent facts. The time limits provided in this Subsection for action by the Agricultural Commissioner may be extended upon written agreement of all known parties to the dispute.

(Ord. 3728, 1993)

(Ord. No. 5248, § 8, 10-28-2014)