Chapter 6.12
RIGHT TO FARM
Sections:
6.12.040 Policy on agricultural and forestry nuisances.
6.12.050 Recommended practices.
6.12.010 Title.
This chapter shall be cited as the Skamania County right to farm chapter. (Ord. 2006-15 (part))
6.12.020 Purpose.
It is the purpose of this chapter to promote and protect agriculture, farm forestry, commercial agriculture, and industrial forestry and its dependent rural communities through the enhancement, protection and perpetuation of the ability of the private sector to produce food and fiber in accordance with RCW 7.48.305. It is also the purpose of this chapter to recognize and encourage subsistence farming on all parcels of land within Skamania County. (Ord. 2006-15 (part))
6.12.030 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
“Agricultural activity” means a condition or activity which occurs on a farm in connection with the production of farm and timber products and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; smoke; operation of machinery and pumps; movement of stock, including but not limited to the use of current county roads and ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners and plant protection products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways and similar features and maintenance of stream banks and watercourses; and conversion from one agricultural activity to another.
“Farm” means the land, buildings, manure lagoons, ponds, freshwater culturings and growing facilities, and machinery used in the production of farm products.
“Farmland” means land or freshwater ponds devoted primarily to the production of livestock, freshwater aquaculture or other agricultural commodities.
“Farm product” means those plants and animals (and the products thereof) useful to human beings which are produced on farms and include, but are not limited to forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock including breeding, grazing and feed lots, fruits, vegetables, flowers, seeds, grasses, nursery products, trees and forest products, including Christmas trees and timber, freshwater fish and fish products, rabbits, apiaries, equine and similar products, or any other product which incorporates the use of food, feed, fiber or fur.
“Forest land” means lands devoted primarily to the production of timber products and other forest commodities.
“Forestry use” means the generally accepted practice that is governed by and performed in accordance with RCW 76.09 (The Washington State Forest Practices Act) and the regulations promulgated thereunder. The following is a representative, nonexclusive list of forestry uses: road and trail construction, including on-site obtaining of materials; final and intermediate harvesting, pre-commercial thinning; reforestation; fertilization; prevention and suppression of disease and insects; salvage of trees; and brush control.
“Generally accepted agricultural and management practices” means sound economically feasible farming techniques and practices as defined and/or recommended by the American Society of Agronomy, United States Department of Agriculture Soil Conservation Service, Washington State Cooperative Extension Service, and other professional or industrial agricultural organizations.
“Person” means an individual, firm, co-partnership, association, corporation, or other legal entity, including any federal, state, or local municipal corporation, agency, or special purpose district. (Ord. 2006-15 (part))
6.12.040 Policy on agricultural and forestry nuisances.
A. Notwithstanding any other provision in this chapter, agricultural activities conducted on farmland, if consistent with good and generally accepted agricultural and management practices are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on the public health and safety and is located on less than two acres of land.
B. If that agricultural activity is undertaken in conformity with generally accepted agricultural and management practices and with federal, state and local laws and regulations and health department guidelines, it is presumed to be good agriculture practice and not adversely effecting the public health and safety.
C. A farm operation shall not be restricted in its activities to time of day or days of week, but shall be conducted according to generally accepted agricultural and management practices.
D. Notwithstanding any other provision of this chapter, forestry use conducted on forest land, if consistent with RCW 76.09 and other state and federal laws and management practices shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on public health and safety. (Ord. 2006-15 (part))
6.12.050 Recommended practices.
A. To minimize possible adverse environmental effects, those engaged in agricultural activities shall apply chemical products in accordance with all label instructions and shall abide by all applicable state and federal laws and regulations as well as with generally accepted agricultural and management practices.
B. A farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation conforms to generally accepted agricultural and management practices, recognizing that those practice may be subject to varying conditions including, but not limited to, geographic location, weather, soil types and conditions, type of crop or livestock, and management systems.
C. Forest use must be conducted under RCW 76.09, the Washington Forest Practices Act, and the regulations officially created thereunder and other applicable state and federal laws. (Ord. 2006-15 (part))