Morgan Hill Municipal Code Ch. 8.80 Disking Restrictions

A. Except as specifically provided in Sections 8.80.020 and 8.80.030, it shall be unlawful for any person or entity to disc, plow or otherwise break into or turnover soil upon any real property within the city at any time or for any purpose, including, without limitation, for weed or vegetation management or abatement purpose, if the real property, or portion thereof, meets one of the following criteria:

1. The real property, by itself or together with any contiguous real property, constitutes an area that is two acres or greater in size, and that real property, or the portion thereof that constitutes an area that is two acres or greater in size, supports grassland and/or mixed herbaceous vegetation where water is not applied for the purpose of growing short grasses or agricultural products; or

2. There is known to be one or more occupied burrowing owl burrows present on a real property of any size at any time within the immediately preceding thirty-six-month period.

B. For the purposes of this chapter, real property shall be considered contiguous even if it is separated by a street or roadway that does not exceed one hundred feet in width, utility easement, railroad right-of-way or other similar feature, element or facility.

C. For the purposes of the chapter, a burrowing owl burrow shall be considered occupied when a burrowing owl is currently using the burrow, or has used the burrow at any time within the immediately preceding thirty-six-month period even if the burrow is temporarily unoccupied.

(Ord. 1629 § 1 (part), 2003)

The provisions of Section 8.80.010 shall not apply to the disking or plowing activities described in Section 8.80.010 performed on:

A. That portion of real property that is actively being used for the production of agricultural products, when the disking activity is performed in connection with that agricultural production activity; or

B. Real property that is less than two acres in size and upon which a dwelling unit is located that is being used solely for residential occupancy; or

C. That portion of real property that is disked for fire break purposes along the perimeters of real property adjacent to roadways, creeks, and buildings or through the middle of real property if needed to create interior fire breaks in parcels greater than five acres, provided, however, that such fire breaks may not exceed thirty feet in width; or

D. Real property located in areas that have been identified by the city, upon the advice of a qualified ornithologist, as having little or no potential as burrowing owl nesting habitat. The locations and boundaries of these areas, and any changes, deletions or other modifications thereto, shall be set forth in a resolution adopted by the city council; or

E. Real property, located within the hazardous fire boundary, as adopted by Santa Clara County fire department.

(Ord. 1629 § 1 (part), 2003)

This chapter is not intended to and shall not be used or interpreted to prevent or prohibit the development or improvement of real property pursuant to and in full compliance with all planning, building or grading permits or approvals.

(Ord. 1629 § 1 (part), 2003)