Sutter County Municipal Code Ch. 412 Industrial Hemp Cultivation and Processing

Footnotes:

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Editor's note— Ord. No. 1741, § 2, adopted December 16, 2025, repealed the former Chapter 412, §§ 412-010—412-200, and enacted a new Chapter 412 as set out herein. The former Chapter 412 pertained to the same subject matter and derived from Ord. No. 1731, § 4, adopted April 29, 2025.

Pursuant to Article XI, section 7, of the California Constitution, the County of Sutter ("County") may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public safety, health and welfare of its citizens.

(Ord. No. 1741, § 2, 12-16-2025)

It is the purpose and intent of this Chapter to prohibit the Cultivation of Industrial Hemp in the unincorporated area of Sutter County to protect the public peace, health, safety and general welfare of the residents and property owners of, and visitors to, the County.

(Ord. No. 1741, § 2, 12-16-2025)

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 state law shall refer to the act, statute, or regulations as may be amended from time to time.

A. "Cultivation" or "Cultivate" means any activity involving the planting, growing, harvesting, drying, curing, processing or storage of Industrial Hemp in any location, indoor or outdoor, including within a fully enclosed and secure structure.

B. "Established Agricultural Research Institution" means 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 herein.

D. "Industrial Hemp" shall have the same meaning as that term is defined in section 11018.5 of the Health and Safety Code, and section 81000(a)(7) of the Food and Agriculture Code as those sections may be amended from time to time.

E. "Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, activity 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.

(Ord. No. 1741, § 2, 12-16-2025)

A. The Agricultural Commissioner is prohibited from issuing registrations for Industrial Hemp Cultivation.

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

(Ord. No. 1741, § 2, 12-16-2025)

A. Cultivation of Industrial Hemp by any Person or entity for any purpose is expressly prohibited within the unincorporated area of the County. Additionally, "Established Agricultural Research Institutions" are similarly prohibited from Cultivating Industrial Hemp for agricultural or academic research purposes.

B. Acceptance of any application for, or issuance of, a registration, permit or entitlement, or approval of any type, that authorizes the establishment, operation, maintenance, development or construction of any facility or use for the purpose of the Cultivation of Industrial Hemp is expressly prohibited within the unincorporated area of the County.

(Ord. No. 1741, § 2, 12-16-2025)

Any violation of this Chapter is hereby declared to be a public nuisance.

(Ord. No. 1741, § 2, 12-16-2025)

Any violation of this Chapter shall be subject to abatement and the imposition of administrative penalties as provided in Chapters 87 and 410 of this code, or any successor chapters thereto, or any other available remedy provided by this code, other law, or court order. Each violation of this Chapter shall constitute a separate violation.

(Ord. No. 1741, § 2, 12-16-2025)