Chapter 16 — INDUSTRIAL HEMP CULTIVATION

Pursuant to Article XI, section 7, of the California Constitution, the County of Siskiyou ("County") may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens. It is the purpose and intent of this Ordinance to establish standards, requirements, and regulations governing industrial hemp cultivation, including commercial and research industrial hemp activities.

Further, it is the purpose and intent of this Chapter to impose reasonable land use regulations to protect the County's residents , neighborhoods, businesses, and the environment from disproportionately negative impacts caused by industrial hemp cultivation, and to enforce rules and regulations consistent with state and federal law. Any standards, requirements and regulations established by the State of California, or any of its departments or divisions, regarding commercial and/or research industrial hemp cultivation shall be the minimum standards applicable within the unincorporated areas of the County.

The provisions of this Chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the County, and are in addition to any permits, licenses, registrations, and approval required under federal, state, County, or other law.

(Ord. No. 20-09, § I, 5-19-2020)

For the purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this Chapter, the common and ordinary meaning of the word shall apply. All citations to federal or state law shall refer to the act, statute, or regulations as may be amended from time to time.

A.

"Cultivation" shall include any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, trimming or the limited mechanical separation and sorting of hemp.

B.

"Established agricultural research institution" is an institution of higher education, as defined in Section 101 of the federal Higher Education Act of 1965 (20 U.S.C Sec. 1001), that grows or cultivates industrial hemp for purposes of research conducted under an agricultural pilot program or other agricultural or academic research in accordance with Section 7606 of the federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) or is otherwise approved by the California Secretary of Food and Agriculture.

C.

"Hemp" shall have the same meaning as "industrial hemp" set forth below.

D.

"Industrial hemp" means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.

E.

"Nursery stock" shall have the meaning set forth in Food and Agricultural Code section 5005.

F.

"Person" includes any individual, firm, partnership, joint venture, association, corporation , limited liability company, estate, trust, business, business trust, receiver, syndicate, collective, cooperative, institution, including an Established agricultural research institution, or any other group or entity, or combination acting as a unit. Except where otherwise indicated by context, the singular shall include the plural, and vice versa.

G.

"Sensitive receptor" is 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, such as children, the elderly, and people with illnesses. Examples of sensitive receptors include: churches, child daycares, schools, and youth oriented facilities.

H.

"Transplant" is a cultivated hemp plant grown from seed or cutting in soil or individual containers for less than eight (8) weeks that does not exceed a height of eight (8) inches.

(Ord. No. 20-09, § I, 5-19-2020)

It is unlawful and shall constitute a public nuisance for anyone to engage in any industrial hemp cultivation for commercial and/or research purposes within the County without complying with all applicable federal, state, and local laws and regulations pertaining to such cultivation, including the duty to register with the state and obtain a separate license from the County Agricultural Commissioner.

The Sheriff, the Agricultural Commissioner, and/or the Director of Community Development, or their respective designees, are charged with the responsibility of administering, and exercising the authority conferred under this Chapter.

(Ord. No. 20-09, § I, 5-19-2020)

Sec. 10-16.40. - License.

No person shall cultivate industrial hemp in the unincorporated areas of Siskiyou County without first obtaining a license issued by the Agricultural Commissioner to cultivate as provided in this Chapter, including cultivation for research purposes.

A license for cultivation may be issued to an Established agricultural research institution only if it meets the definition of an Established agricultural research institution as stated in section 10-16.20 of this Chapter.

A license issued under this Chapter by the Agricultural Commissioner does not grant any entitlement, interest in real property, or create any interest of value and does not run with the land. The license is nontransferable and automatically terminates upon transfer of ownership. A Person that has obtained a license from the Agricultural Commissioner shall not transfer ownership or control of the license to another Person. Any attempt to do so shall cause the license to be automatically revoked.

Receiving a license from the Agricultural Commissioner has no bearing on whether a person will be registered by the California Department of Food and Agriculture for the cultivation of industrial hemp.

(Ord. No. 20-09, § I, 5-19-2020)

Sec. 10-16.50. - License requirements.

A license for the cultivation of industrial hemp for commercial and research purposes may be issued only if each of the following requirements are met:

A.

Applicants shall submit an application in accordance with the application process established by the Agricultural Commissioner. A single license may be issued for multiple parcels.

B.

An applicant shall be the deed holder of the land upon which the hemp is to be cultivated, or provide written consent in a form acceptable to the Agricultural Commissioner, from the deed holder granting permission for the cultivation of industrial hemp on the specified parcel(s).

C.

Persons wishing to grow industrial hemp for research purposes in Siskiyou County shall be required to be licensed by the Agricultural Commissioner.

D.

Each parcel for which a license is submitted must be of a minimum designation of AG-1 or AG-2 with a forty (40)-acre parcel minimum.

E.

An applicant shall fully satisfy the registration requirements stated in Food and Agricultural Code section 81003.

F.

An applicant shall obtain an Operator Identification Number, or Restricted Materials permit, whichever is more appropriate, from the Agricultural Commissioner.

G.

Each applicant shall declare the intended end use of the industrial hemp production that shall occur on the parcel: seed/fiber, oil, or nursery production.

H.

An applicant for the cultivation of Transplants shall have a license to sell nursery stock as required under California Food and Agricultural Code section 6721 et seq.

I.

Each license issued under this Chapter shall expire one year from the date of its issuance.

J.

The license renewal application shall be submitted in accordance with the application process established by the Agricultural Commissioner.

(Ord. No. 20-09, § I, 5-19-2020)

The following standards shall apply to the cultivation of industrial hemp for commercial and research purposes:

A.

The cultivation of industrial hemp is permitted in AG-1 and AG-2 zones, subject to a forty (40)-acre minimum parcel size, and in the Hemp (H) Combining District, subject to an eighty (80)-acre minimum parcel size. Cultivation of industrial hemp is prohibited in all other zoning districts. Contiguous parcels under the same ownership shall be viewed as a single parcel when considering the minimum parcel size necessary for hemp cultivation. Contiguous parcels under the same ownership that meet the minimum parcel size would be entitled to a single cultivation license issued by the Agricultural Commissioner.

B.

A Person cultivating industrial hemp shall design the parcel to be used for cultivation in a manner that minimizes impacts, which may include, but are not limited to pollen drift to surrounding areas.

C.

Outdoor industrial hemp cultivation in Siskiyou County shall meet the following setback requirements:

(1)

One hundred (100) feet from any boundary line of the parcel, unless the boundary line is adjacent to the boundary line of a parcel that is either owned, managed, or otherwise under the control of the Person who obtained the license for the cultivation of industrial hemp;

(2)

One thousand (1,000) feet from any parcel containing a sensitive receptor;

(3)

Two hundred (200) feet from any residential uses, including on any parcel cultivating hemp; and

(4)

One thousand (1,000) feet from any off-parcel permitted residence in any zone unless a written waiver is obtained from the property owner and any leaseholders occupying the residence.

D.

Any structure(s) containing facilities used for the light processing of industrial hemp that falls within the definition of "Cultivation" in Section 10-16.20 above, must have all permits required under state law and Siskiyou County Code.

E.

The indoor cultivation of hemp is limited to the cultivation of hemp Transplants, or seed production in a structure dedicated solely to the cultivation of nursery stock, or seed located within AG-1 or AG-2 districts. All other indoor cultivation of industrial hemp is prohibited. Structures must comply with applicable building codes and be permitted by the Community Development Department as required by County code. If indoor cultivation of hemp transplants or seed production occurs within a structure with transparent or translucent walls and/or roof materials, lighting shall be turned off by 10:00 p.m. to ensure that light glow or glare cannot be seen beyond the property boundary.

(1)

Structures used for indoor cultivation of hemp shall meet the following setbacks:

a.

Fifty (50) feet from any boundary line of the parcel adjacent to a parcel under different ownership;

b.

One thousand (1,000) feet from any parcel containing a sensitive receptor;

c.

One hundred (100) feet from any residential uses, including on any parcel cultivating hemp; and

d.

One thousand (1,000) feet from any off-parcel permitted residence in any zone unless a written waiver is obtained from the property owner and any leaseholders occupying the residence.

F.

All parcels used for the cultivation of industrial hemp shall have onsite County issued signage indicating that hemp is being cultivated on site. The required signage shall be issued with the Hemp Cultivation License and the cost of the sign materials shall be included with the cost of the license. The number and location of signs shall be determined by the Agricultural Commissioner at the time of license issuance.

G.

A Person cultivating industrial hemp shall comply with all provisions of federal and state law, as well as all associated regulations therewith, as applicable to the cultivation of industrial hemp, including, but not limited to, requirements for registration, cultivation, sampling, laboratory testing, harvesting, and crop destruction.

H.

A Siskiyou County Industrial Hemp Production License issued by the Agricultural Commissioner shall be obtained prior to the cultivation of industrial hemp for any purpose in the unincorporated areas of the County.

I.

The Agricultural Commissioner and/or his designees shall have the right to enter upon any premises subject to an Industrial Hemp Production License at all reasonable times to make at-will inspections and sampling for laboratory testing for the purpose of the enforcement and administration of this Chapter. If any such premises are occupied, he shall first present proper credentials and demand entry.

(Ord. No. 20-09, § I, 5-19-2020)

Sec. 10-16.70. - Cultivation of industrial hemp for research.

A.

The cultivation of industrial hemp by an Established agricultural research institution for research or educational purposes shall be subject to the State registration requirements imposed by the California Department of Food and Agriculture, as well as the local licensing requirements identified above under Sections 10-16.40 and 10-16.50.

B.

Hemp cultivation by an Established agricultural research institution for research or educational purposes shall be limited to a total of one (1) acre per license holder within the City of Siskiyou.

(Ord. No. 20-09, § I, 5-19-2020)

Sec. 10-16.80. - Destruction of non-compliant industrial hemp crops.

A.

The County of Siskiyou Board of Supervisors ("Board") adopts this Chapter pursuant to its police power for the purpose of preserving the health, safety and public welfare of the residents of the County. The Board finds that agriculture is extremely important to the County's economy and that insuring the continued agricultural commodities is essential to the health and well-being of County residents. The Board determines that the enforcement of this Chapter is essential.

B.

Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance.

C.

It shall be the responsibility of the Persons cultivating industrial hemp to ensure that they are, at all times, operating in a manner compliant with all applicable federal, 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. Nothing in this Chapter shall be construed as authorizing any actions that violate federal, state, or local law regarding the cultivation of industrial hemp.

D.

Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the County. Additionally, as a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, any license(s) issued pursuant to this Chapter

being null and void, disgorgement and payment to the County for any monies unlawfully obtained, costs of abatement/destruction, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The County may also pursue any and all remedies and actions available under state and local laws for any violations committed by Persons related to, or associated with, the unlawful cultivation of industrial hemp.

E.

An industrial hemp crop that does not comply with the provisions of this Chapter and all applicable provisions of federal and state law, and associated rules and regulations, shall be destroyed. Crop destruction shall proceed as provided for in all applicable laws and regulations, which includes Food and Agricultural Code section 81006 and California Code of Regulations, title 3, sections 4950 and 4950.1. Any violations of this section are subject to abatement under Title 1, Chapter 5 of the Siskiyou County Code. The Person growing industrial hemp in violation of the law, shall submit a destruction plan to the Agricultural Commissioner at least twenty-four (24) hours prior to the start of the destruction. The Agricultural Commissioner shall approve the method of destruction.

F.

The remedies provided herein are not to be construed as exclusive remedies. The County is authorized to pursue any proceedings or remedies provided by law.

(Ord. No. 20-09, § I, 5-19-2020)

Pursuant to Section 81005 of the California Food and Agriculture Code, the Board of Supervisors may, by resolution, establish a fee for a license issued under this Chapter.

A.

The amount of the fees adopted pursuant to this section shall not exceed the amount reasonably required to inspect, administer or process the required permits, certificates, licenses, or other forms or documents, or to defray the costs of enforcement required to be carried out by the County.

In accordance with such authority, the Agricultural Commissioner has established fees for its implementation, administration, and enforcement of federal, state, and local laws. Such fees shall cover the actual costs associated with services that may include, but are not limited to, processing of licenses, inspections, sampling and testing, and abatement/destruction.

Failure to pay all fees attributable to County costs incurred due to a Person's activities in the licensing or cultivation of industrial hemp shall be cause for revocation or non-renewal of a Person's license until all outstanding fees are paid in full.

No new licenses or renewals shall be issued without payment of fees for services rendered the previous season.

(Ord. No. 20-09, § I, 5-19-2020)

The cultivation of industrial hemp in violation of federal, state, and local laws and/or rules and regulation, including this Chapter, or other local regulation constitutes a public nuisance subject to abatement and the imposition of administrative penalties under Title 1, Chapter 5 of the Siskiyou County Code. Each and every day a violation of this chapter exists constitutes a separate and distinct violation.

(Ord. No. 20-09, § I, 5-19-2020)

Sec. 10-16.110. - Violations.

Each and every violation of this Chapter shall constitute a separate violation. All violations of this Chapter are subject to punishment and enforcement measures authorized under federal or state laws and regulations, and Siskiyou County Code.

Such violations of County Code, federal and state laws or regulations, and failure to pay fees or penalties assessed as a result of cultivating industrial hemp in the County shall be cause to revoke a license. Failure to pay fees or penalties shall also be cause for non-renewal of a license until such time as said fees or penalties have been paid in full.

(Ord. No. 20-09, § I, 5-19-2020)

Sec. 10-16.120. - Fine/penalties for violation.

A violation of this Chapter constitutes an unlawful violation of this Code.

Each violation of this Chapter and each day each violation continues shall constitute a separate violation and be subject to the maximum penalty under a fine schedule approved by the Board and any other enforcement remedies available to the County under this Code and any applicable federal or state statute or pursuant to any other lawful power the County may possess.

(Ord. No. 20-09, § I, 5-19-2020)

Sec. 10-16.130. - Enforcement.

Enforcement of this Chapter will be done pursuant to Title 1, Chapter 5 of this Code.

(Ord. No. 20-09, § I, 5-19-2020)

Sec. 10-16.140. - Cost recovery.

The County shall be reimbursed for all time, services, and materials needed to implement, administer and enforce state law and this Chapter.

(Ord. No. 20-09, § I, 5-19-2020)

Sec. 10-16.150. - Remedies cumulative.

All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided in this Code and by law. Nothing in this Chapter shall be deemed to authorize or permit

any activity that violates any provision of state or federal law.

(Ord. No. 20-09, § I, 5-19-2020)

Sec. 10-16.160. - Limitation of county's liability.

To the fullest extent permitted by law, the County of Siskiyou shall not assume any liability whatsoever with respect to having licensed any Person pursuant to this Chapter.

(Ord. No. 20-09, § I, 5-19-2020)