Chapter 34
FARMING PRACTICES
Sections:
34-2. Definition of agriculture.
34-3. Provisions of Colusa County’s right to farm ordinance.
34-1 Statement of intent.
The Colusa County board of supervisors intends to: promote the general health, safety and welfare of the county; to preserve and protect for agricultural use those lands zoned for agricultural use; to support and encourage continued agricultural operations in the county and to forewarn prospective purchasers and users of property near or adjacent to agricultural operations of the sounds, odors, dust and chemicals that may accompany agricultural operations. It further intends to limit, by means of communication, nuisance litigation regarding agriculture or affecting agriculture. (Ord. No. 510.)
34-2 Definition of agriculture.
Agriculture’s definition shall include, but not be limited to, the cultivation, growing and harvesting of any agricultural commodity including: timber, viticulture, apiculture or horticulture, the raising of livestock, fur-bearing animals, fish or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market. (Ord. No. 510.)
34-3 Provisions of Colusa County’s right to farm ordinance.
(1) Adherence to state doctrine – AB 585 Thurman – An act to add Section 3482.5 to the Civil Code, relating to agricultural operations. [Approved by the Governor, September 17, 1981. Filed with the Secretary of State September 17, 1981.] Nonexisting or future agricultural operation or any of its appurtenances, conducted or maintained for commercial purposes and in a manner consistent with proper and accepted customs and standards shall not become or be a nuisance, private or public for adjacent land uses in or about the locality thereof after the same has been in operation for more than three years, when such action was not a nuisance at the time it began; provided that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances.
(2) Signed disclosure statements – Consumer disclosure by seller. A person who is acting as an agent for the seller of real property in Colusa County shall disclose to all purchasers that:
The property described herein is located in a rural-agricultural county and this property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, including, but not limited to, herbicides, insecticides, acaricides, fungicides, rodenticides, predacides and fertilizers; and from pursuit of agricultural operations including, but not limited to, cultivation, plowing, spraying, pruning, harvesting, crop protection, which occasionally generate dust, smoke, noise and odor, and protecting animal husbandry from depredation, Colusa County sets agriculture as a priority use of the lands including therein, and users of such property should be prepared to accept such inconvenience or discomfort as normal and necessary to farm operations.
For questions concerning the specific types of agricultural operations in our area, including their use of fertilizers and pesticides, you should contact the Colusa County Agriculture Commissioner located at 100 Sunrise Blvd., Suite D, Colusa, California 95932.
This disclosure is given for informational purposes only and nothing in the Act or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available remedy concerning any unlawful agricultural practice. A Good Neighbor Committee has been created in Colusa County to mediate disputes concerning agricultural operations.
Dated and Signed
All persons or businesses acting as agents for the seller of real property in Colusa County shall obtain and keep on file the above buyer-signed disclosure. In addition, a copy of the signed disclosure shall be forwarded to the county clerk for each transaction.
(3) Disclosure in county documents – Disclosure in building permits, etc. The disclosure statement set forth shall be included in any document evidencing the sale, purchase, transfer, or lease of real property located in Colusa County, by the county of Colusa:
The property described herein on which the proposed structure is to be built or modified is located in Colusa County, which sets as a priority the agricultural use of the land included therein. This property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, including, but not limited to, herbicides, insecticides, acaricides, fungicides, rodenticides, predacides and fertilizers; and from pursuit of agricultural operations including, but not limited to, cultivation, plowing, spraying, pruning, harvesting, crop protection, which occasionally generates dust, smoke, noise and odor, and protecting animal husbandry from depredation. Colusa County sets agriculture as a priority use of the lands including therein, and residents of such property should be prepared to accept such inconvenience or discomfort as normal and necessary to farm operations.
For questions concerning the specific types of agricultural operations in our area, including their use of fertilizers and pesticides, you should contact the Colusa County Agriculture Commissioner, located at 100 Sunrise Blvd., Suite D, Colusa, California 95932.
This Disclosure is given for informational purposes only and nothing in the Act or this Notice should be deemed to prevent you from complaining to any appropriate agency or taking any other available remedy concerning any unlawful agricultural practice. A Good Neighbor Committee has been created in Colusa County to arbitrate and mediate disputes concerning agricultural operations.
Dated and Signed
(4) A good neighbor committee is hereby created in Colusa County to mediate disputes concerning agricultural operations and to act as a clearinghouse for information.
(A) Purpose:
(i) The Colusa County Good Neighbor Committee may mediate disputes between agricultural and nonagricultural interests regarding land use. The committee will strive to aid in avoiding the filing of costly and time consuming nuisance suits by enhancing communications and offering mediation services.
(ii) The committee may be called upon as an advisory body to the county board of supervisors and planning commissioners in formulating land use planning policy for use in the ongoing development of the general plan and zoning ordinances.
(iii) The committee shall also act as a clearing house for information for all residents seeking information about agriculture and agricultural practices in Colusa County.
(B) Structure. The committee shall be composed of an urban resident, a rural resident, one person nominated by the Colusa County Farm Bureau, one representative of the Colusa County Board of Realtors and the chairman of the Colusa County planning commission. The Colusa County agricultural commissioner is authorized to provide such technical information to the committee as is consistent with his role as an enforcement officer. Serving as technical advisors shall be the county’s University of California Cooperative Extension Farm Advisors and the director of planning and building. All members shall serve without compensation.
(C) Procedures. The committee shall meet on an as-needed basis by citizen request or at the request of any county legislative or regulating agency. The committee is obliged to provide, upon request, mediation services to any parties having disagreements on land use or cultural practices involving agricultural and residential/business users. (Ord. No. 510.)