Sierra County Municipal Code Ch. 14.16 Policy Supporting Natural Resource Industries

It is the purpose and intent of this chapter to set forth a policy statement giving constructive notice to potential landowners, lessees and special use permitees of the rural character of Sierra County and the rural uses of property located outside of incorporated areas or townsites within the county. By virtue of such constructive notice, purchasers, renters, and special use permitees of land will better understand the potential impact of living near agricultural operations, timber management areas and mineral extraction areas, and living in an agricultural, timber production and mineral extraction county.

It is the declared policy of Sierra County to encourage the continued existence within Sierra County of agricultural, timber production and mineral extraction operations. The foregoing is with the understanding that there are inherent potential problems including but not limited to the noises, odors, dust and chemicals, smoke, and inconvenient work hours associated with those operations.

It is the purpose of this chapter:

A. To preserve property values as agricultural, timber management, and mineral extraction lands and uses is essential to the continued economic well-being of the county;

B. To provide social and economic stability for agricultural, timber management, and mineral extraction areas by providing ongoing notice to all landowners, lessees and special use permitees that the Board of Supervisors recognizes, protects and preserves viable agricultural, timber management and mineral extraction lands and uses;

C. To protect the health and safety of persons residing in Sierra County by maintaining a comprehensive policy for the protection and preservation of agricultural, timber management and mineral extraction lands and uses which will provide a lasting social, economic and environmental benefit to the peace and welfare of all county residents.

The area of the county which is excluded from the provisions of this chapter is the incorporated city of Loyalton.

This Sierra County policy supporting natural resource industries shall not be construed as in any way modifying or abridging state law.

Further, it is not the intent by enactment and maintenance of this policy to take private property, nor is it the intent of the Board of Supervisors that such a comprehensive policy create any limitation on any of the following:

A. The police power of any city or county or on the power of any city or county to declare, prohibit and abate nuisances.

B. The power of any state agency in the enforcement or administration of any provision of law which it is specifically authorized or required to enforce or administer.

C. The power of any city or county to regulate the use of buildings, structures and land.

D. The right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in Part 4 (commencing in Cal. Civ. Code § 3479) of Division 4 of the California Civil Code or any other private relief.