Yuba County Municipal Code Art. 1 General Provisions

Pursuant to California Constitution Article XI, Section 7, Government Code Section 25123, Government Code Section 25131, and other applicable laws, the Yuba County Board of Supervisors does hereby enact this Chapter.

(Ord. No. 1581; Ord. No. 1603; Ord. No. 1617)

Pursuant to Article XI, Section 7, of the California Constitution, the County of Yuba ("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.

The purpose of this Section is to prohibit the cultivation of industrial hemp and registration of industrial hemp cultivation sites within the County of Yuba which will prevent the negative impacts of industrial hemp cultivation on our community and environment.

(Ord. No. 1581; Ord. No. 1603; Ord. No. 1617)

The Board of Supervisors of the County of Yuba makes the following findings in support of the adoption and enactment of this Chapter:

(1) The 2018 Farm Bill directed the United States Department of Agriculture (USDA) to establish a national regulatory framework for hemp production in the United States.

(2) On or about March 26, 2019 the Yuba County Board of Supervisors enacted a moratorium on the cultivation of Industrial hemp within the unincorporated areas of the County of Yuba.

(3) On January 19, 2021 the USDA's Final Rule for the domestic production of hemp was published and became effective March 22, 2021.

(4) The USDA's Final Rule recognized that Section 297B of the Agricultural Marketing Act of 1946 (AMA) requires the Secretary of Agriculture (Secretary) to evaluate and approve or disapprove State or Tribal plans regulating the production of hemp.

(5) The USDA's Final Rule includes regulations used by the Department of Agriculture (USDA) to approve plans submitted by States and Indian Tribes for the domestic production of hemp.

(6) In late December 2021, the California Department of Food and Agriculture (CDFA) announced that the USDA formally approved the California State Plan for Industrial Hemp and that CDFA's regulations would be amended to align with the approved State Plan.

(7) On or about June 22, 2022 CDFA adopted amended regulations, 3 CCR § 4890 et seq., to conform the regulations to the approved State Plan.

(8) Chapter 7.41 of the Yuba County Code prohibits commercial cannabis activity in the unincorporated area of the County.

(9) Beginning on December 28, 2017 and continuing through today, the Board of Supervisors has declared a local emergency concerning the proliferation of illegal cannabis cultivation in the unincorporated areas of the County.

(10) Because industrial hemp and cannabis are derivatives of the same plant, Cannabis sativa L., the appearance and odor of industrial hemp and cannabis are virtually indistinguishable, particularly when hemp is cultivated with feminized flowering plants for high levels of cannabidiol (CBD) for purposes of CBD extract or oil production. Absent a laboratory performed chemical analysis for tetrahydrocannabinol (THC) content, the two plants cannot be distinguished under their legal definitions.

(11) In order for the Sheriff's office and Code Enforcement personnel to verify that harvested product in transit is industrial hemp and not cannabis intended for sale in the illicit market, field analyzer kits must be available. The current cost of specialized chemical field analysis equipment is approximately $18,000.00 per unit the Sheriff's office would need at least six kits, the Agricultural Commissioner at least two and Code Enforcement would need at least two. This would require at least ten kits at a cost to the County of $180,000.00, if cultivation of industrial hemp were to be permitted in Yuba County.

(12) Because industrial hemp and cannabis are virtually indistinguishable to the untrained eye, the cultivation of industrial hemp poses similar threats to the public health, safety or welfare as the cultivation of cannabis including light pollution, water pollution, noise, traffic, and enforcement issues.

(13) The cultivation of industrial hemp will create an increased likelihood of criminal activity.

(14) The cultivation of industrial hemp creates a high likelihood of attracting crime and associated violence, including without limitation, theft, robberies, illegal firearms, shootings and homicides.

(15) The Sheriff and other enforcing officers will have to investigate each industrial hemp grow" to ensure that the crop is not cannabis. Investigations of industrial hemp grows are time consuming, labor intensive, and potentially dangerous.

(16) Industrial hemp can serve as a host to mites and other insects. At this time, there are no pesticides specifically labeled for hemp that address such mites or other insects. The few pesticides that can legally be applied to hemp are not always effective, which allows for such insects to move into other nearby crops.

(17) There are no requirements for pesticide use reporting or testing for industrial hemp when cultivated by an "Established Agricultural Research Institution" if pesticides on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) 25(b) list are used. In addition, "Established Agricultural Research Institutions" may be using chemicals or pesticides that are extremely toxic to people and wildlife and which may pollute soil, ground water, and/or nearby water sources.

(18) Industrial hemp and cannabis are not compatible crops. Thus, if this Board of Supervisors elects to pursue a particular option with respect to the outdoor cultivation of cannabis, the existence of industrial hemp grows may preclude the Board of Supervisors from considering certain projects or development plans.

(19) The cultivation of industrial hemp is harmful to the welfare of residents, creates a nuisance, and threatens the safety and land of nearby property owners.

(20) Yuba County has a compelling interest in protecting the public health, safety, and welfare of its residents and businesses, in preventing the establishment of nuisances by the cultivation of industrial hemp.

(21) In order to ensure the effective implementation of the County of Yuba's land-use objectives and policies, a prohibition on the establishment and/or approval of industrial hemp cultivation is necessary.

(22) There is a current and immediate threat to public health, safety, and welfare in that the establishment of industrial hemp cultivation in the unincorporated areas of the County of Yuba will result in land uses and land developments that may conflict with the Yuba County Code.

(23) There is no feasible alternative to enactment of this Chapter that will satisfactorily mitigate or avoid the previously identified impacts to the public health, safety and welfare with a less burdensome or restrictive effect.

(24) This Chapter is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment). In addition to the foregoing general exemptions, the following categorical exemption applies: section 15308 (actions taken as authorized by local ordinance to assure protection of the environment). There are no unusual circumstances under CEQA Guideline 15300.2(c). Each exemption stands as a separate and independent basis for determining that this Chapter is not subject to CEQA.

(25) This Chapter complies with State law and imposes reasonable regulations that the Board of Supervisors concludes are necessary to protect the public safety, health and welfare of residents and business within the County.

(Ord. No. 1581; Ord. No. 1603; Ord. No. 1617)

The provisions of this Chapter shall apply generally to all industrial hemp cultivation throughout the unincorporated area of the County of Yuba.

(Ord. No. 1581; Ord. No. 1603; Ord. No. 1617)

The provisions contained in this Chapter shall supersede any previous regulations related to industrial hemp cultivation. No person, firm, corporation or entity shall have any vested right to cultivate industrial hemp in any manner that is contrary to or inconsistent with the provisions contained herein.

(Ord. No. 1581; Ord. No. 1603; Ord. No. 1617)

(a) Regardless of whether an owner is in actual possession of his or her real property, it is the duty of every owner of real property within the unincorporated area of Yuba County to prevent a public nuisance from arising on, or from existing upon, his or her real property.

(b) No person or entity shall cause, permit, maintain, conduct or otherwise allow a public nuisance as defined in this Chapter to exist upon any property within their control and shall not cause a public nuisance to exist upon any other property within the unincorporated limits of the County of Yuba. It shall be the duty of every owner, occupant, and person that controls any land or interest therein within the unincorporated area of the County of Yuba to remove, abate and prevent the reoccurrence of any public nuisance upon such land.

(Ord. No. 1581; Ord. No. 1603; Ord. No. 1617)

Nothing contained in this Chapter shall be construed to prohibit the right of any person or public or private entity damaged by any violation of this Chapter to institute a civil proceeding for injunctive relief against such violation, for money damages, or for whatever other or additional relief the court deems appropriate. The remedies available under this Chapter shall be in addition to, and shall not in any way restrict other rights or remedies available under law.

(Ord. No. 1581; Ord. No. 1603; Ord. No. 1617)