Sec. 37-8. - Cultivation requirements.

The following standards apply to industrial hemp cultivation:

(a)

Propagative material for outdoor cultivation. An outdoor cultivation area may only be planted with female propagative plant material.

(b)

Pollen management. Pollen from male industrial hemp plants must be managed as follows and in accordance with the required best management practices:

(1)

Indoor cultivation for male plants. Cultivation of male industrial hemp plants may only occur in fully enclosed structures equipped with effective filtration devices to prevent pollen from escaping the structure.

(2)

Inspections and removal. A registrant must conduct regular inspections of an outdoor cultivation area to ensure no male industrial hemp plants are growing outdoors. If a male industrial hemp plant is growing outdoors, the registrant must remove the male industrial hemp plant and submit a destruction plan to the agricultural commissioner, in compliance with Section 37-9, within twenty-four (24) hours of when the registrant knew or should have known of such occurrence.

(3)

Violation. A male industrial hemp plant growing outdoors may be considered a violation of this chapter and a public nuisance.

(c)

Setbacks.

(1)

Setback. On a parcel designated agriculture and residential (AR) under Chapter 26, an outdoor cultivation area must be setback as follows:

a.

Six hundred feet (600') from residences and businesses on neighboring parcels.

b.

Two hundred feet (200') from property lines.

(2)

Waiver or reduction. A setback will be waived or reduced with the express written consent of the applicable neighboring property owner. Each setback waiver or reduction is valid for the registration term and may only be renewed with the express written consent of the applicable neighboring property owner.

(d)

Agricultural grading and drainage.

(1)

Compliance required. All agricultural grading and drainage work must comply with Chapter 36.

(2)

No agricultural grading in RRD. On a parcel designated Resources and Rural Development (RRD) under Chapter 26, industrial hemp cultivation is not allowed when an agricultural grading permit is required under Chapter 36 to accommodate an industrial hemp cultivation area.

(e)

Tree removal in RRD. On a parcel designated Resources and Rural Development (RRD) under Chapter 26, no tree removal is allowed to accommodate an industrial hemp cultivation area.

(f)

Riparian corridor. Industrial hemp cultivation must comply with all setbacks for agricultural cultivation required by Chapter 26.

(g)

Building requirements. A structure used for industrial hemp cultivation or incidental activities must comply with all applicable sections of the county code.

(h)

State industrial hemp laws. Registrant must comply with all provisions of state industrial hemp laws, including, but not limited to, requirements for cultivation, sampling, laboratory testing, harvesting, and crop destruction.

(Ord. No. 6298, § IV(Exh.), 2-4-2020)