40.260.235 Urban Livestock

A.    Purpose.

    The purpose of this section is to allow for the protection and preservation of livestock within urban growth areas of the county through the use of best management practices while protecting the uses on neighboring parcels.

B.    Applicability.

1.    This section shall apply to new livestock uses begun after January 1, 2008, on all parcels in the county within urban growth boundaries outside city limits. Existing livestock uses begun on any parcel prior to January 1, 2008, are exempt from all provisions in this section. A change in livestock type from the original exempt livestock use shall continue to be exempt.

2.    Agricultural uses, including livestock use, are allowed in all zoning districts in the county; nothing in this section precludes those uses; provided, that livestock uses subject to this section shall employ best management practices.

3.    Livestock uses subject to this section as determined by Section 40.260.235(B)(1) shall meet the standards and follow the applicable best management practices for livestock listed in Section 40.260.235(D). Livestock management plans containing the applicable elements of Section 40.260.235(D)(2)(a) are not required to be filed with the county unless substantiated complaints are received under Section 40.260.235(F).

C.    Definitions.

    For purposes of this section, the following definitions shall apply:

Livestock

“Livestock” means any horse, mule, burro, dairy or beef animal, camelid, goat, sheep, swine, rabbit and poultry.

Livestock, large

“Large livestock” means any livestock weighing more than five hundred (500) pounds.

Livestock, small

“Small livestock” means:

•    Hogs, excluding pigs weighing under one hundred twenty (120) pounds and standing twenty (20) inches or less at the shoulder which are kept as household pets; or

•    Any livestock weighing less than five hundred (500) pounds.

D.    Development Standards.

1.    The development standards of the underlying zone shall apply, except that the setbacks for new structures used for large livestock shall be twenty (20) feet from all property lines.

2.    Livestock Plans.

a.    Pursuant to Section 40.260.235(F), a livestock plan that addresses the following shall be developed and implemented:

(1)    Housing and confinement;

(2)    Animal husbandry;

(3)    Manure management; and

(4)    Odor and noise management. Noise from urban livestock shall be managed so that it does not unreasonably disturb the peace, quiet, comfort and repose of others.

b.    Urban livestock owners may create their own plans or seek assistance from livestock management organizations such as Clark Conservation District to create a plan.

c.    Urban livestock owners shall manage livestock according to best management practices. Information on best management practices, including but not limited to the following, will be used as the basis for livestock plans:

(1)    Healthy Horses, Clean Water, Clark Conservation District, 2006;

(2)    Tips on Land and Water Management for Small Acreages in Southwest Washington, Clark Conservation District, 2001;

(3)    Small Livestock Management, Clark Conservation District, 2012;

(4)    The Backyard Livestock Management Series, Clark Conservation District, 2012;

(5)    From the WSU Extension Service Small Acreage Program:

(a)    Keeping Clean Water Clean and Reducing Mud: Managing Roof Runoff;

(b)    Reduce Mud and Keep Water Clean: Sacrifice Areas;

(c)    Self Assessment Guide for Small Acreages;

(d)    How Green Is Your Grass: Five Steps to Better Pasture and Grazing Management; and

(e)    Composting Manure on Your Property.

d.    Plans, when required under Section 40.260.235(F), shall be filed with the responsible official through a Type I process.

3.    Buildings used for urban livestock shall comply with the applicable requirements of Title 14.

E.    Education and Technical Assistance. All urban livestock owners are encouraged to use guidance documents and work with the Clark Conservation District, WSU Extension, or USDA Natural Resources Conservation Service for implementing best management practices related to livestock and livestock waste management.

F.    Enforceability.

1.    Substantiated complaints from two (2) separate households shall require the complainants to attempt mediation with the livestock owner to resolve issues related to livestock. If the livestock owner fails to participate, or if mediation fails to resolve the dispute, or if the result of the mediation requires it, the livestock owner shall file a livestock management plan with the county. The plan shall contain the applicable requirements within Section 40.260.235(D)(2).

2.    Failure to provide and comply with a livestock plan constitutes a nuisance violation and shall be enforced in accordance with the civil provisions of Title 32.

(Amended: Ord. 2009-10-04; Ord. 2012-02-03)