Chapter 18.110
PROTECTION OF AGRICULTURAL ACTIVITIES
AND RIGHT TO FARM POLICY
Sections:
18.110.010 Purpose and intent.
18.110.030 Agricultural activities presumed reasonable and not a nuisance.
18.110.010 Purpose and intent.
It is the purpose of this chapter to provide:
A. That agricultural activities in Columbia County on land used for agriculture be protected; and
B. Notice to individuals who locate in or near an area in which agricultural activities are allowed, encouraged, and promoted as the acceptable use of land. They are locating in the area with the understanding that they recognize the legal priority of agriculture activities in that area. [Ord. 96-01 § 1.]
18.110.020 Definitions.
“Agricultural activity” includes, but is not limited to, the growing or raising, harvesting, storage, disposal, transporting, conditioning, processing, and the sale, research and development of, but not limited to, the following: poultry, livestock, grain, mint, hay, forages and feed crops, apiaries, equine activities, leather, fur, wool, dairy products, and seed crops. Agricultural activity may involve, but is not limited to, the following operations and conditions: on-farm and roadside marketing, dust, fumes, vapors, gases, smoke, odors, and noise from the farm or farm activities, open burning, operation of machinery, movement (including use of current county roads, ditches, streams, rivers, canals, and drains, etc.) and use of water for agricultural activities, ground and aerial seeding and spraying, application of fertilizers, conditioners, pesticides, and associated drift of such materials, employment and use of labor, movement of equipment and livestock on roadway, protection from damage by wildlife, prevention of trespass, construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, etc., and maintenance of stream banks and watercourses, and conversion from one agricultural activity to another.
“Agricultural land” means land primarily devoted to the commercial production of horticulture, viticulture, floriculture, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock.
“Agriculture” is the grazing, feeding, and watering of livestock; plowing, seeding, cultivation, application of chemicals, and harvesting for the production of crops and pasture; and soil and water conservation practices. “Agriculture” also is the creation and maintenance of farm or stock ponds, irrigation ditches, drainage ditches, underground drainage systems, fences and farm roads, the control of weeds, noxious and others, and includes any associated structures, appurtenances, equipment or activities.
“Farm” means land, holdings, livestock, and machinery devoted primarily to the production for commercial purposes of agricultural commodities on lands used for agriculture outside, or existing and ongoing agriculture within urban growth areas.
“Generally accepted agricultural and management practices” means those practices as defined or recommended by the United States or Washington State Department of Agriculture, Consolidated Farm Service Agency (formerly ASCS), Natural Resource Conservation Service (formerly SCS), Washington State University Cooperative Extension, Columbia County conservation district, and other professional and agricultural organizations. These practices may be modified to reflect varying conditions which include, but are not limited to, geographical location, weather, soil types and conditions, type of crop or livestock and management system.
“Lands used for agriculture” means lands where agriculture is allowed either as a permitted use or a conditional use as authorized by Chapter 18.80 CCC.
“Support facilities” include, but are not limited to, roads and waterways, storage, processing, conditioning, and sale facilities within the county on lands used for agriculture outside, or existing and ongoing agriculture within, urban growth areas. [Ord. 96-01 § 2.]
18.110.030 Agricultural activities presumed reasonable and not a nuisance.
If that agricultural activity is conducted under generally accepted agricultural and management practices and does not conflict with federal, state, local laws, and regulations, it is presumed to be a good agricultural practice not adversely affecting the public health and safety. Agricultural activity shall not be limited as to hours of the day nor days of the week. [Ord. 96-01 § 3.]
18.110.040 Landowner/operator immunity from private action based on agricultural activity on certain lands – Exceptions.
A. No agricultural activity occurring on “lands used for agriculture” existing outside an urban growth area shall give rise to a private right of action or claim for relief.
B. Subsection (A) of this section shall not apply to a right of action or claim for relief for damage to commercial agricultural products.
C. If the urban growth boundary is changed in such a way as to place an agricultural activity outside its limits, subsection (A) of this section applies to that agricultural activity after the date the urban growth boundary is changed. [Ord. 96-01 § 4.]
18.110.050 Notification.
All plats (short and long), subdivisions, development permits, deeds of sale, and building permits issued for development activities on or within one-fourth mile of lands zoned as A-1, A-2, A-3, AR-1, AR-2, commercial agricultural, forest, range, and open space shall contain a notice that the subject property is within or near designated agricultural lands on which a variety of activities may occur that are not compatible with residential development. This shall be effective from the date of adoption of the ordinance codified in this chapter. [Ord. 96-01 § 5.]
18.110.060 Policy.
The Columbia County board of commissioners adopts the following right to farm policy:
A. The right to farm according to generally accepted practices shall be considered by the county before approving a land use or occupancy change on adjacent land or in the area.
B. Farm operations shall not be restricted to time of day or days of the week when conducted according to generally accepted practices (BMP).
C. The right to use rural county roads for slow-moving farm vehicles and the movement of livestock and farm products shall be recognized.
D. The county agrees to support legislative activities of farmers and farm organizations to protect their right to farm according to generally accepted and appropriate agricultural practices (BMP).
E. The county encourages appointed and elected state and federal officials to consider local right to farm policies and the generally accepted agricultural practices as defined by best management practices when developing laws and rules that affect the agricultural industry. [Res. 91-05.]