§ 35-2. Findings.

(a)

It is the declared policy of the county to conserve, protect, enhance, and encourage agricultural operations on lands designated and zoned agriculture within the unincorporated area of the county. Additionally, residential, commercial and industrial designations and zones may support agriculture as an interim use prior to development. The Butte County Zoning Ordinance provides standards for agricultural uses within these zones. Further, it is the intent of the county to provide its residents proper notification of the county's recognition and support, through this article, of the right to farm;

(b)

Where nonagricultural land uses, particularly residential and commercial development, extend onto agricultural land or exist side by side with agricultural operations, agricultural operations are frequently the subject of nuisance complaints. As a result, some agricultural operations are forced to cease or curtail their operations and many others are discouraged from making investments in improvements to their operations, all to the detriment of adjacent agricultural uses and the economic viability of the county's agricultural industry as a whole. It is the purpose and intent of this article to reduce the loss to the county of its agricultural resources by limiting the circumstances under which properly conducted agricultural operations on agricultural land may be considered a nuisance;

(c)

It is the further purpose and intent of this article to promote a good-neighbor policy by requiring notification of owners, purchasers, residents, and users of property adjacent to or near agricultural operations on agricultural land of the inherent potential problems associated with being located near such operations, including, without limitation, noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers, soil amendments, seeds and pesticides. It is intended that, through mandatory disclosures, owners, purchasers, residents and users will better understand the impact of living or working near agricultural operations and be prepared to accept attendant conditions from properly conducted agricultural operations as a normal and necessary aspect of living in a county with a strong rural character and an active agricultural sector;

(d)

It is the further purpose and intent of this article to carry out and advance the goals, objectives, policies, and implementation programs of the agricultural element of the general plan.

(e)

In 2015, the California Legislature enacted Senate Bill 643, and Assembly Bills 243 and 266, which, among other things, established the Medical Marijuana Regulation and Safety Act (codified as California Business and Professions Code sections 19300 et seq.).

(f)

As part of Assembly Bill 243, Section 11362.777 was added to the California Health and Safety Code, subdivision (a) of which provides as follows: "The Department of Food and Agriculture shall establish a Medical Cannabis Cultivation Program to be administered by the secretary, except as specified in subdivision (c), shall administer this section as it pertains to the cultivation of medical marijuana. For purposes of this section and Chapter 3.5 (commencing with Section 19300) of the Business and Professions Code, medical cannabis is an agricultural product."

(g)

Although the statement in Section 11362.777 of the Health and Safety Code that medical cannabis is an agricultural product is limited to Section 11362.777 of the Health and Safety Code and Chapter 3.5 of the California Business and Professions Code, to avoid any confusion, it has been recommended that Butte County's Right to Farm Ordinance be amended to confirm that for purposes of the Right to Farm Ordinance, set forth in this chapter, the cultivation of marijuana is not an agricultural operation.

(h)

Marijuana is unlike other crops that are cultivated and harvested in Butte County. In previous public meetings regarding marijuana-related ordinances, which were well-attended by hundreds of Butte County residents, individuals reported that marijuana grown in residential backyards results in an invitation to criminal activity for persons who would steal marijuana plants out of backyards. Some marijuana growers would live in a tent in their backyard, carrying firearms and utilizing guard dogs to protect their marijuana plants. Residents reported they were uncomfortable allowing their children to play outside in their neighborhood due to such dangerous activity. Cultivators of medical marijuana stated that they would not grow medical marijuana at their own residence to protect their children. Butte County law enforcement continues to respond to numerous calls for service that involve the illegal cultivation, distribution, use, and sale of marijuana, and continues to expend County resources to arrest and prosecute those involved.

(Ord. No. 4092, § 1, 2-24-15; Ord. No. 4106, 1-26-16 )