Tehama Municipal Code Ch. 10.12 Agricultural Uses Disclosure

As used in this chapter:

A. "Agricultural land" shall mean all that real property within the boundaries of the county zoned exclusive agricultural, upland agricultural, timber preserve, or natural resources lands and recreation, and any other lands that are being and have been used for agricultural operation for a period of three years or longer.

B. "Agricultural operation" shall mean and include, but not be limited to, the cultivation and tillage of the soil, the production, irrigation, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture, timber or agriculture; dairying, the raising of livestock, fur-bearing animals, fish or poultry, and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

(Ord. 1613 §2, 1993; Ord. 1457 §1(part), 1989)

A. It is the declared policy of the county to conserve and encourage agricultural operations within the county. It is the further intent of the county to provide to the residents of this county proper notification of the county's recognition and support of agricultural enterprise.

B. Where nonagricultural land uses extend into agricultural areas or exist side-by-side, agricultural operations are frequently the subjects of nuisance complaints and are forced to cease or curtail operations. Such actions discourage investments in farm improvements to the detriment of adjacent agricultural uses and the economic viability of the county's agricultural industry as a whole. It is the purpose and intent of this section to reduce the loss to the county of its agricultural resources by limiting the circumstances under which agricultural operations may be considered a nuisance. This chapter is not to be construed as in any way modifying or abridging state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of state law relative to nuisances; rather it is only to be utilized in the interpretation and enforcement of the provisions of the county code, other ordinances of the county and county regulations.

C. An additional purpose of this chapter is to promote a good neighbor policy between agricultural and nonagricultural property owners by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or residence, including but not limited to the noises, odors, dust, chemicals, smoke, hours of operation, insects, fumes, the operation of machinery of any kind during any twenty-four-hour period, including aircraft, application of fertilizers, soil amendments and pesticides, and storage and disposal of manure that may accompany agricultural operations. It is intended that through mandatory disclosures purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas.

(Ord. 1457 §1(part), 1989)

No agricultural activity, operation, or facility or appurtenances thereof, established, conducted or maintained for commercial purposes, and in a manner consistent with existing laws, proper and accepted customs and standards as established and followed by similar agricultural operations, and with all chapters of the county code, shall be or become a nuisance, public or private, if it was not a nuisance when it began.

(Ord. 1457 §1(part), 1989)

A. Consumer Disclosure by Seller. A person who is acting as an agent for the seller of real property which as long as it is zoned "agricultural land," or is located within three hundred feet of land zoned "agricultural land," or the seller of real property if he or she is acting without an agent for as long as it is zoned "agricultural land," or is located within three hundred feet of land zoned "agricultural land" shall disclose to the prospective purchasers that:

If your real property is adjacent to property used for agricultural operations or included within an area zoned for agricultural purposes, you may be subject to inconvenience or discomfort arising from such operations, including but not limited to, noise, odors, dust, chemicals, smoke, hours of operation, insects, fumes, the operation of machinery of any kind during any twenty-four-hour period, including aircraft; application of fertilizers, soil amendments and pesticides, and storage and disposal of manure. The county has determined that the use of real property for agricultural operations is a high priority and favored use to the county and will not consider to be a nuisance those inconveniences or discomforts arising from agricultural operations, if such operations are in conformance with existing laws and regulations and consistent with accepted customs and standards.

B. Disclosure in Documents. The disclosure statement set forth in subsection A of this section, shall be included in any document that a purchaser, lessee or transferee signs evidencing the sale, purchase, transfer, or lease of real property zoned "agricultural land," or is located within three hundred feet of such land.

For the purposes of this section, the words "agent for the seller" do not include include any person or entity who serves solely as a third party "escrow agent" during the course of a transaction involving the transfer of real property or an interest in real property.

(Ord. 1485 §2, 1990)