Chapter 84.35 — INDUSTRIAL HEMP

The purpose of this Chapter is to regulate the establishment and operation of industrial hemp activities in order to protect neighboring residents, businesses, and the surrounding environment from negative impacts caused by the cultivation and manufacturing of industrial hemp, and to enforce rules and regulations consistent with State law. (Ord. 4444, passed - -2022)

(a) Industrial hemp activity not authorized in compliance with Division 2 of this Title (Land Use Zoning Districts and Allowed Land Uses) and registered with the County Agricultural Commissioner is prohibited in all zones and is hereby declared a public nuisance subject to all available legal remedies as provided in § 84.35.100 (Administration and Enforcement).

• (b) Indoor industrial hemp cultivation is prohibited in all Land Use Zoning Districts.

• (c) The use of hauled water for outdoor industrial hemp cultivation is prohibited.

(d) The use of temporary water storage structures, including but not limited to plastic lined ponds, for outdoor industrial hemp cultivation is prohibited.

(e) Industrial hemp activities shall not be located within 1,000 feet of any sensitive receptor. For purposes of this Chapter, distance shall be measured from the nearest point of the respective lot lines using a direct straight-line measurement. A new adjacent use will not affect the continuation of an existing legal use that has been established under this Chapter and continuously operating in compliance with the applicable land use permit and other applicable State and local laws and regulations. This location requirement may be modified with the approval of a major variance in compliance with Chapter 85.17 (Variances).

(f) The use of greenhouses, hoop structures or similar permanent or non-permanent structures for outdoor industrial hemp cultivation is prohibited.

(g) The use of screening, including but not limited to exterior gates or fencing to completely screen industrial hemp activities is prohibited except for cultivation sites adjacent to a residential zoning district or sensitive receptor. (h) Industrial hemp manufacturing facilities using volatile solvents are prohibited.

(Ord. 4444, passed - -2022)

The requirements of this Chapter apply to industrial hemp activities where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses). A registered hemp entity legally operating with a valid registration issued by the County Agricultural Commissioner at the time of the effective date of this ordinance may continue cultivation of industrial hemp, at the existing cultivation site identified on the registration, as a legal nonconforming use in accordance with Chapter 84.17 (Nonconforming Uses and Structures), provided the registered hemp entity timely renews and continues to maintain a valid hemp registration with the County Agricultural Commissioner. The failure to timely renew and maintain a valid hemp registration shall constitute prima facie evidence that the use has been discontinued and abandoned. In the event a registered hemp entity allows the registration to lapse or is lawfully revoked, a registered hemp entity shall comply with the requirements of this Chapter.

(Ord. 4444, passed - -2022)

The definitions in this Section are intended to apply to this Chapter only. Any term which is not specifically defined herein shall have the definition as provided by Division 10 of the Development Code.

(a) COUNTY. Refers to San Bernardino County, a political subdivision of the State of California, and means the unincorporated area of San Bernardino County.

(b) CULTIVATION. Any activity involving the propagation, planting, growing, breeding, harvesting, drying, curing, or other development of industrial hemp plants or propagative material. Cultivation shall not include the manufacture or retail sale of industrial hemp or industrial hemp products.

(c) CULTIVATION SITE. Contiguous land area on which the hemp entity plans to engage in industrial hemp cultivation, storage, or both.

(d) CULTIVATION SUPPORT SERVICES. Means uses that are supportive of the farm community and are fully compatible with agricultural uses. CULTIVATION SUPPORT SERVICES are uses that directly support or that are accessory or incidental to an established industrial hemp use within the general vicinity. These services do not adversely affect surrounding properties, groundwater or infrastructure. These include but are not limited to storage of machinery equipment and supplies, products packaging and processing, or agricultural product warehousing and storage.

(e) ENFORCEMENT OFFICER. Shall have the same meaning as defined in § 11.0202 (Definitions) of the County Code.

(f) GREENHOUSE. A structure that is used for the indoor propagation of plants, whether or not installed with permanent structural elements, such as footings or foundations, and is constructed with a translucent roof or walls.

(g) HOOP STRUCTURE. A structure consisting of a lightweight metal, plastic, or wooden frame, or a series of hoops, that is covered by an impermeable, removable layer of plastic or polyethylene film used to protect plants grown in the soil. A HOOP STRUCTURE has no permanent structural elements, such as footings, foundations, plumbing, or electrical wiring. The term HOOP STRUCTURE includes structures commonly known as “hoop houses.”

(h) INDOOR CULTIVATION. The cultivation of industrial hemp within a temporary or permanent building or structure using artificial light.

(i) INDUSTRIAL HEMP. Shall have the same meaning as defined in Food and Agricultural Code § 81000, and as hereafter amended.

(j) INDUSTRIAL HEMP ACTIVITY OR ACTIVITIES. Includes, but is not limited to the cultivation, possession, distribution, manufacturing, storing, laboratory testing, packaging, labeling, transportation, delivery, dispensing or sale of industrial hemp for commercial purposes. INDUSTRIAL HEMP ACTIVITIES do not include the retail sale of industrial hemp or industrial hemp products.

(k) MANUFACTURE. To produce, prepare, propagate, compound, or otherwise blend, extract, or infuse hemp and/or hemp products either directly or indirectly, or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis.

(l) MANUFACTURED HEMP. Raw hemp that has undergone a process whereby the raw hemp has been transformed into a concentrate, extract, or other manufactured product intended for internal consumption, through inhalation, oral ingestion, or for topical application, or any other use in which the hemp is used, including but not limited to building material, food, fuel, medicine, paper, plastic, substitute, rope and textiles.

(m) OUTDOOR CULTIVATION. Any cultivation of industrial hemp that is not indoor cultivation and is exclusively planted in the soil on the cultivation site and not in containers, other than for initial propagation before planting in the soil.

(n) REGISTERED HEMP ENTITY. Any person who has properly registered an industrial hemp activity with the County. This includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business, business trust, receiver, syndicate, collective, cooperative, institution, or any other group or entity, or combination acting as a unit.

(o) SCREENING. Means the method by which a view of one lot from another adjacent lot is shielded, concealed, or hidden. SCREENING techniques include fences, walls, non-invasive species of hedges, shrubs, trees or natural forest, berms and other features.

(p) SENSITIVE RECEPTOR. A facility or land use that serves or attracts members of a population who are particularly sensitive to the effects of air pollutants or strong odors. Examples of SENSITIVE RECEPTORS include, but are not limited to, a daycare facility, senior living facility, K-12 school, public park, sports complex, youthoriented center or similar facility serving children, the elderly, or people with illness.

(q) VOLATILE SOLVENT. Any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create an explosive or ignitable mixture. Examples include, but are not limited to, butane, hexane, and propane.

(Ord. 4444, passed - -2022)

(a) Permit Requirements. The permit requirements provided in Table 84-19 and in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) apply to industrial hemp activities.

(b) Special Use Permit. In addition to the requirements of Table 84-19 (Permit Requirements for Industrial Hemp), an applicant shall be required to obtain a special use permit. Special use permits are subject to the review and procedures provided in Chapter 85.14 (Special Use Permits).

(c) Additional Registration. In addition to the requirements of Table 84-19 (Permit Requirements for Industrial Hemp), an applicant may be required to obtain additional licenses, permits or registrations from other County departments or State agencies, including but not limited to a license from the County Agricultural Commissioner pursuant to Chapter 15 (Industrial Hemp Agricultural Registration and Regulations), Division 3, Title 3 of the County Code.

(d) Background Checks. Pursuant to Food and Agricultural Code § 81013, every applicant requesting an industrial hemp permit must submit to and pass a background check as described in Code of Regulations, Title 3, § 4902. No person or entity ineligible to participate in the State industrial hemp program pursuant to Food and Agricultural Code § 81013 may obtain a permit authorized by this Chapter.

d) Background Checks. Pursuant to Food and Agricultural Code § 81013, every applicant requesting an industrial hemp permit must submit to and pass a background check as described in Code of Regulations, Title 3, § 4902. No person or entity ineligible to participate in the State industrial hemp program pursuant to Food and Agricultural Code § 81013 may obtain a permit authorized by this Chapter.

(e) Proof of Ownership or Lease Agreement. Every applicant requesting an industrial hemp permit must show proof of ownership or a notarized lease agreement to show they have the present ability to cultivate or manufacture on the property subject to the applicable permit. In addition to the notarized lease agreement, an applicant that does not own the property where industrial hemp is to be grown must submit a notarized form from the owner with their registration application acknowledging that industrial hemp is to be grown on the property and that the owner understands that any violations of this Chapter may result in future applications to cultivate industrial hemp being denied pursuant to the Director’s authority to establish additional rules, regulations, or standards governing the issuance or denial of industrial hemp cultivation permit as authorized by § 84.35.100(a) (Administration and Enforcement).

(f) Performance Guarantees. In order to protect neighboring residents, businesses, and the surrounding environment from negative impacts caused by the cultivation and manufacturing of industrial hemp, the deposit of a security shall be required consistent with the requirements of § 86.06.050 (Performance Guarantees) of the Development Code. The minimum requirement for a cultivation site less than five acres shall be $5,000.00. An additional $1,000.00 per acre for sites larger than five acres shall be required.

(g) Health and Safety. Industrial hemp activities shall at all times be operated in such a manner as to ensure the health, safety, and welfare of the public. Industrial hemp activities shall not create a public nuisance or adversely affect the health or safety of the community by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, unsafe condition, or other impacts, or be hazardous due to the use or storage of materials, processes, products, and runoff of water, pesticides or wastes.

(h) Relocation of Permitted Industrial Hemp Activity. In the event the registered hemp entity vacates and relocates the industrial hemp activity to a new location, a new entitlement required by Table 84-19 (Permit Requirements for Industrial Hemp) shall be required in accordance with this Chapter prior to commencing operations at the new location.

(i) Permit and Registration Posting. The registered hemp entity shall post or cause to be posted all required County and State permits and registrations to operate at the industrial hemp site that is readily viewable by the public. (Ord. 4444, passed - -2022)

(a) Findings. In addition to findings required by either Chapter 85.06 (Conditional Use Permit / Minor Use Permit) or Chapter 85.08 (Site Plan Permits), no permit listed in Table 84-19 (Permit Requirements for Industrial Hemp) for industrial hemp cultivation shall be approved unless the following findings are made:

(1) The outdoor cultivation proposal includes adequate quality control measures to ensure cultivation meets State and County regulatory standards.

(2) The outdoor cultivation proposal includes adequate measures that minimize use of water for cultivation on the lot.

(3) The outdoor cultivation proposal includes adequate measures that address indirect harms that may be associated with industrial hemp activities, including restricting access to minors and ensuring that industrial hemp is obtained from and supplied only to other permitted and/or licensed sources.

(4) The issuance of an industrial hemp permit will not be detrimental to the health, safety or general welfare of the public.

(b) Manufacturing Findings. In addition to findings required by Chapter 85.06 (Conditional Use Permit / Minor Use Permit), no permit listed in Table 84-19 (Permit Requirements for Industrial Hemp) for an industrial hemp manufacturing facility shall be approved unless the following findings are made:

(1) The proposed industrial hemp manufacturing facility complies with all the requirements of the State and County for the manufacturing of industrial hemp.

(2) The proposed industrial hemp manufacturing facility does not pose a significant threat to the public or to neighboring uses from explosion or from the release of harmful gasses, liquids, or substances.

(3) The proposed industrial hemp manufacturing facility includes adequate quality control measures to ensure hemp manufactured at the facility meets industry standards and a documented employee safety training program.

(4) The proposed industrial hemp manufacturing facility includes adequate measures that address indirect harms that may be associated with industrial hemp activities, including restricting access to minors and ensuring that industrial hemp and industrial hemp products are obtained from and supplied only to other permitted and/or licensed sources.

• (Ord. 4444, passed - -2022)

(a) Development Standards. In addition to the applicable permit and approval requirements provided in this Chapter and the development standards for the applicable zoning classification, industrial hemp activities shall comply with the standards provided in this Section. If there is an inconsistency between the development standards of the zone classification and the standards of this Chapter, the more restrictive standards shall apply.

(b) Setbacks. Minimum setback requirements for an area used for industrial hemp cultivation, cultivation support services or manufacturing shall be as specified for the applicable land use zoning district except when adjacent to a residential zone or sensitive receptor. Industrial hemp operations adjacent to a residential zoning district shall have a minimum setback of 100 feet from any property line. Industrial hemp operations adjacent to a sensitive receptor shall have a minimum setback of 1,000 feet from any property line.

(c) Storage Areas. The total area for the storage of industrial hemp shall not exceed 25 percent of the total floor area of any structure used for cultivation support services.

(d) Sign Requirements. Any site used for the cultivation of industrial hemp shall have on-site signage. The sign shall:

(1) State “Industrial Hemp”;

• (2) State “NO TRESPASSING”;

(3) Measure at least three feet wide by three feet high, with letters and symbols not less than three inches in height that sharply contrast with their immediate background;

(4) When adjacent to public right of way, the sign shall be posted at intervals of not more than one-third of a mile along the border of the property line; and

(5) Posted at locations of points of entry, except clear sight triangles, maintained and unobstructed.

(e) Water Conservation Measures. All industrial hemp activities shall include adequate measures that minimize use of water for cultivation activity. Water conservation measures, water capture systems, or grey water systems shall be incorporated into the operations in order to minimize use of water where feasible.

(f) Water Availability. All industrial hemp activities shall obtain a “will serve” letter from an applicable water purveyor, indicating agreement to supply water to the cultivation site. The letter shall include the activity proposed and any improvements required for service. When water service is not available, all industrial hemp activities shall comply with applicable County Department of Public Health – Division of Environmental Health requirements for a permitted water well.

(g) Water Storage. Building permits are required for all water storage in excess of 10,000 gallons regardless of the type of storage method. The water storage must be incidental and subordinate and cannot be the primary or exclusive use.

(Ord. 4444, passed - -2022)

(a) Storage and Waste. An applicant for an industrial hemp permit shall identify how industrial hemp and associated product waste will be stored and secured in a manner that prevents diversion, theft, loss, hazards and nuisance.

(b) Transportation. An applicant for an industrial hemp permit shall identify procedures for safe and secure transportation and delivery of industrial hemp to and from the registered hemp entity.

(c) Noise. Industrial hemp activities shall comply with residential noise standards in Chapter 83.01 (General Performance Standards) of the Development Code.

(d) Generators. On-site generators are prohibited, except as a source of energy in emergencies. On-site generators for emergency use shall be included in the applicable site plan.

(e) Grading. Industrial hemp activities shall comply with Title 6 (Building Regulations) of the County Code and shall not be used to screen industrial hemp activities unless approved on the applicable site plan.

(Ord. 4444, passed - -2022)

(a) Industrial Hemp Manufacturing Facilities. In addition to the applicable permit and approval requirements provided in this Chapter and the development standards for the applicable zoning classification, industrial hemp manufacturing facilities shall comply with the standards provided in this Section. If there is an inconsistency between the development standards of the zone classification and these standards, the more restrictive standards shall apply.

(1) Setbacks. Non-volatile industrial hemp manufacturing facilities shall be set back from all lot lines a minimum of 25 feet.

(2) Security. Surveillance video cameras shall be installed and maintained in good working order to provide coverage on a 24-hour basis of all internal and exterior areas where industrial hemp is manufactured, packaged, stored, and/or transferred. The security surveillance cameras shall be oriented in a manner that provides clear and certain identification of all individuals within those areas. Cameras shall remain active at all times and shall be capable of operating under any lighting condition. Security video must use standard industry format to support criminal investigations and shall be maintained for 60 days.

(3) Locks. Industrial hemp manufacturing facilities shall be secured with California Building Code compliant commercial-grade, non-residential door locks and window locks.

(b) Operations.

(1) Compressed Gases. Any compressed gases used in the manufacturing process shall not be stored on any lot within containers that exceed the amount which is approved by the San Bernardino County Fire Protection District and authorized by the applicable land use permit.

(2) Compressed Gas Extraction. Closed loop systems for compressed gas extraction systems must be commercially manufactured, bear a permanently affixed visible serial number and certified by an engineer licensed by the State of California that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices.

(3) Training. Industrial hemp manufacturing facilities shall have a training program for persons using solvents or gases in a closed loop system to create hemp extract on how to use the system, to access applicable material safety data sheets and to handle and store the solvents and gases safely.

(4) Nuisance Odors Manufacturing Industrial Hemp. All manufacturing industrial hemp activities shall be sited and operated in a manner that prevents industrial hemp odors from being detected offsite. A sufficient odor absorbing ventilation and exhaust system shall be provided so that odor generated, distinctive to the operation, is not detected

outside of the manufacturing facility, anywhere on adjacent lots or public rights of way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the manufacturing facility. In order to control nuisances such as odors, humidity and mold, industrial hemp manufacturing facilities shall install and maintain at a minimum, the following equipment, or any other equipment that can be proven to be an equally or more effective method or technology to control these nuisances:

(A) An exhaust air filtration system with odor control that prevents odors from being emitted externally; and (B) An air system that creates negative air pressure between the indoor industrial hemp activities interior and exterior, so that the odors generated by the indoor industrial hemp activity are not detectable from the outside of the manufacturing facility.

(Ord. 4444, passed - -2022)

(a) Administration. The Director or his or her respective designees, are charged with the responsibility of administering and exercising the authority conferred under this Chapter and is authorized to establish additional rules, regulations, or standards governing the issuance or denial of an industrial hemp cultivation permit, the ongoing operation of industrial hemp cultivation, and the County’s monitoring and inspection activities if the rule, regulation, or standard is necessary to carry out the purposes of this Chapter.

(b) Consent to Entry, Inspection and Additional Testing. Registered hemp entities consent to the entry by enforcement officers to make such inspections and to take such actions as may be necessary to enforce the provisions of this Chapter and the Development Code may be a condition of the issuance of any industrial hemp permit.

(c) Violations. Every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by Chapter 86.09 (Enforcement) of the Development Code and Chapter 2 (Violations and Enforcement) of Division 1, Title 1 of the County Code.

(d) Misdemeanor. Each violation of the provisions of this Chapter may be cited as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000.00 or imprisonment in the County jail for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(e) Compliance with State and Local Laws. It shall be the responsibility of the owners and employees of the registered hemp entity to ensure that it is, at all times, operating in a manner compliant with all applicable State and local laws and/or regulatory, licensing or certification requirements, and any specific, additional operating procedures or requirements which may be imposed by the County.

(Ord. 4444, passed - -2022)

The registered hemp entity shall be responsible for any and all violations of State and/or local laws, as well as any regulations promulgated under this Chapter, whether committed by the registered hemp entity, any employee or agent of the registered hemp entity.

(Ord. 4444, passed - -2022)

To the fullest extent permitted by law, the County shall not assume any liability whatsoever with respect to having registered any industrial hemp entity pursuant to this Chapter.

(Ord. 4444, passed - -2022)