Sec. 31-5. - Recodification or Amendment.

(a)

Nothing shall prevent the Board of Supervisors of Sonoma County from recodifying the substantive provisions of this ordinance from time to time to incorporate the provisions of this ordinance into the County Code in the most appropriate location.

(b)

No substantive provision of this ordinance shall be amended or repealed without a vote of the People.

CHAPTER 36 - NEW VINEYARD AND ORCHARD DEVELOPMENT, VINEYARD AND ORCHARD REPLANTING, AND AGRICULTURAL GRADING AND DRAINAGE[[1]]

Footnotes:

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Editor's note— Ord. No. 6338, § I(Exh. A), adopted March 16, 2021, repealed the former Ch. 36, Arts. 02— 28, and enacted a new chapter as set out herein. The former Ch. 36 pertained to similar subject matter and derived from Ord. No. 6331, § I(Exh. A), adopted Dec. 15, 2020.

Article 02. - General.

Sec. 36.02.010. - Title.

This chapter shall be known and may be cited as the Sonoma County New Vineyard and Orchard Development, Vineyard and Orchard Replanting, and Agricultural Grading and Drainage Regulations. This chapter may also be referred to and cited as the Sonoma County Vineyard and Orchard Erosion and Sediment Control Ordinance or VESCO.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Sec. 36.02.020. - Purpose.

This chapter is enacted for the purpose of regulating new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage in the unincorporated area of the county, and to establish ministerial standards for those activities that:

A.

Protect the public health, safety, and welfare of the county;

B.

Minimize hazards to life and property;

C.

Protect against erosion, and the pollution of watercourses with soil and other pollutants;

D.

Maintain natural and existing drainage patterns;

E.

Protect aquatic resources and wildlife habitat; and

F.

Promote water conservation and groundwater recharge.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Sec. 36.02.030. - Administration.

This chapter shall be administered under the direction of the board of supervisors, by and through the agricultural commissioner.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Sec. 36.02.040. - Applicability.

A.

Compliance required. The provisions of this chapter shall apply to all new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage occurring in the unincorporated area of the county. The permit requirements in this chapter shall apply to all new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage, unless exempted from permit requirements by Section 36.04.010.D, 36.06.010.D, 36.10.010.C, or 36.12.010.C. The registration requirements in this chapter shall apply to all low-impact vineyard replanting. The standards in Article 20 and the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage shall apply to all new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage, regardless of whether a permit or registration is required by this chapter.

B.

Liability. Nothing in this chapter, nor the issuance of a permit or registration pursuant to this chapter, nor compliance with the provisions of this chapter or with any permit conditions, shall relieve any person from responsibility for damage to other persons or property, or impose any liability upon the county, its officers, agents, or employees, for damage to other persons or property.

C.

Relationship to other laws. The provisions of this chapter are not intended to and shall not be construed or given effect in a manner that conflicts with state or federal law, or interferes with the achievement of state or federal regulatory objectives. The provisions of this chapter shall be interpreted to be supplementary to

and compatible with state and federal enactments, and in furtherance of the public purposes those enactments express. Compliance with the provisions of this chapter, however, does not ensure compliance with state and federal requirements. Further, the provisions of this chapter are not intended to and shall not be construed or given effect in a manner that supersedes other provisions of this code. Where another provision of this code establishes a stricter requirement than a provision of this chapter, that stricter requirement shall prevail.

D.

Other permits. Nothing in this chapter shall eliminate the need for any person undertaking any new vineyard or orchard development, vineyard or orchard replanting, or agricultural grading or drainage from having to obtain any other permits, approvals, or authorizations required by this code or state or federal agencies.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)