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Right to Farm |
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California and Monterey County recognize the Right to Farm and protect this right through law:
The complete text of the California Right to Farm law and Monterey County's Right to Farm law are shown below. Conflicts between farms and their neighbors often involve complaints about ordinary practices, which are covered by these laws. Such conflicts may also involve neighbors who complain to the Sheriff's Department or other local law enforcement agency. Sometimes the individual law enforcement officer may not be familiar with these Right to Farm laws. You may find it useful to refer officers or complaining neighbors to these laws. Conflicts may also involve neighbors who enter on your property without your permission, who attempt to interfere with operations or who complain to your employees. You can protect your property by posting No Trespassing signs. If someone trespasses on your posted property, you should ask them to leave. If they refuse, you should call the Sheriff's Department or other law enforcement agency. If you believe someone has violated the law, by trespassing, intimidation, vandalism or other action, you should file a report with the Sheriff's Department. You can use the online form at http://www.co.monterey.ca.us/sheriff/rep_crime.htm. File a report for EVERY incident. California Food and Agriculture Code 3482.5. (a) (1) No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began. (2) No activity of a district agricultural association that is operated in compliance with Division 3 (commencing with Section 3001) of the Food and Agricultural Code, shall be or become a private or public nuisance due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began. This paragraph shall not apply to any activities of the 52nd District Agricultural Association that are conducted on the grounds of the California Exposition and State Fair, nor to any public nuisance action brought by a city, county, or city and county alleging that the activities, operations, or conditions of a district agricultural association have substantially changed after more than three years from the time that the activities, operations, or conditions began. (b) Paragraph (1) of subdivision (a) shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway. (c) Paragraph (1) of subdivision (a) shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code, if the agricultural activity, operation, or facility, or appurtenances thereof constitute a nuisance, public or private, as specifically defined or described in any of those provisions. (d) This section shall prevail over any contrary provision of any ordinance or regulation of any city, county, city and county, or other political subdivision of the state. However, nothing in this section shall preclude a city, county, city and county, or other political subdivision of this state, acting within its constitutional or statutory authority and not in conflict with other provisions of state law, from adopting an ordinance that allows notification to a prospective homeowner that the dwelling is in close proximity to an agricultural activity, operation, facility, or appurtenances thereof and is subject to the provisions of this section consistent with Section 1102.6a. (e) For purposes of this section, the term "agricultural activity, operation, or facility, or appurtenances thereof" shall include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, 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 those farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market. 3482.6. (a) No agricultural processing activity, operation, facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in continuous operation for more than three years if it was not a nuisance at the time it began. (b) If an agricultural processing activity, operation, facility, or appurtenances thereof substantially increases its activities or operations after January 1, 1993, then a public or private nuisance action may be brought with respect to those increases in activities or operations that have a significant effect on the environment. For increases in activities or operations that have been in effect more than three years, there is a rebuttable presumption affecting the burden of producing evidence that the increase was not substantial. (c) This section does not supersede any other provision of law, except other provisions of this part, if the agricultural processing activity, operation, facility, or appurtenances thereof, constitute a nuisance, public or private, as specifically defined or described in the provision. (d) This section prevails over any contrary provision of any ordinance or regulation of any city, county, city and county, or other political subdivision of the state, except regulations adopted pursuant to Section 41700 of the Health and Safety Code as applied to agricultural processing activities, operations, facilities, or appurtenances thereof that are surrounded by housing or commercial development on January 1, 1993. However, nothing in this section precludes a city, county, city and county, or other political subdivision of this state, acting within its constitutional or statutory authority and not in conflict with other provisions of state law, from adopting an ordinance that allows notification to a prospective homeowner that the dwelling is in close proximity to an agricultural processing activity, operation, facility, or appurtenances thereof and is subject to provisions of this section consistent with Section 1102.6a. (e) For the purposes of this section, the following definitions apply: (1) "Agricultural processing activity, operation, facility, or appurtenances thereof" includes, but is not limited to rendering plants licensed pursuant to Section 19300 of the Food and Agricultural Code and collection centers licensed pursuant to Section 19300.5 of the Food and Agricultural Code, the canning or freezing of agricultural products, the processing of dairy products, the production and bottling of beer and wine, the processing of meat and egg products, the drying of fruits and grains, the packing and cooling of fruits and vegetables, and the storage or warehousing of any agricultural products, and includes processing for wholesale or retail markets of agricultural products. (2) "Continuous operation" means at least 30 days of agricultural processing operations per year. (3) "Proper and accepted customs and standards" means the compliance with all applicable state and federal statutes and regulations governing the operation of the agricultural processing activity, operation, facility, or appurtenances thereof with respect to the condition or effect alleged to be a nuisance. (f) This section does not apply to any litigation pending or cause of action accruing prior to January 1, 1993.
Chapter 16.40 PROTECTION OF AGRICULTURAL ACTIVITIES Sections: 16.40.010. Definitions. 16.40.020. Findings. 16.40.030. Properly Operated Farm Not a Nuisance. 16.40.040. Repealed. 16.40.050. Resolution of Disputes. 16.40.010 DEFINITIONS. Unless the context requires, the following definitions in this section shall govern the interpretation of this Chapter. A. "Agricultural Land" means all real property within the unincorporated boundaries of Monterey County currently used for Agricultural Operations or upon which Agricultural Operations may in the future be established. B. "Agricultural Operation" shall mean and include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity including horticulture, timber, or apiculture, the raising of livestock, fish, or poultry, and any acceptable cultural practices performed as incident to, or in conjunction with such farming operations, including preparation for market, delivery to storage or market, or delivery to carriers for transportation to market. C. "Farm Operation" means those activities normally conducted in the pursuit of agricultural operations which includes the farming of trees for commercial purposes. D. "Nuisance" shall have the meaning ascribed to that term in California Civil Code Section 3479, as may be amended from time to time. E. "Proper and accepted customs and standards" means the compliance with all applicable state and federal statutes and regulations governing the Agricultural Operation or Farm Operation with respect to the condition or effect alleged to be a nuisance. F. "Transfer of Property" means any real property sale, exchange, installment land sale contract (as defined in California Civil Code Section 2985, as may be amended from time to time), lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or residential stock cooperation, improved with or consisting of not less than one dwelling unit. (Ord. 3728, 1993.) 16.40.020 FINDINGS. A. It is the declared policy of the County of Monterey to conserve, enhance, and encourage Agricultural Operations within the County, and to minimize potential conflict between agricultural and non-agricultural land uses within the County. To implement this policy, the County seeks to provide to the residents of this County proper notification of these policies. B. Where non-agricultural land uses, especially residential development, extend into agricultural lands or are located in the vicinity of agricultural lands, Agricultural Operations may be the subject of complaints. Such complaints may cause the curtailment of Agricultural Operations and discourage investments for the improvement of agricultural land to the detriment of the economic viability of the agricultural industry of the County. It is the purpose and intent of this Chapter to prevent the loss to the County of its agricultural resources by limiting the circumstances under which Agricultural Operations may be considered a nuisance. C. This policy can best be implemented by educating residents about the laws protecting Agricultural Operations and Farm Operations from conflicts with non-agricultural uses, and by notifying residential users of property adjacent to or near Agricultural Operations and Farm Operations of circumstances relative to agricultural activities which may be objectionable to owners and/or users of non-agricultural properties. These potentially objectionable circumstances may include, but are not limited to, the noises, odors, dust, chemicals, smoke, and extended hours of operation that may accompany Agricultural Operations. D. Implementation of the foregoing policies can be strengthened by establishing a dispute resolution procedure that is less formal and expensive than court proceedings and can bring about a resolution of many complaints about Agricultural Operations. (Ord. 3728, 1993.) 16.40.030 PROPERLY OPERATED FARM NOT A NUISANCE. A. No Agricultural Operation, Farm Operation, or agricultural activity, facility, or appurtenance thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar Agricultural Operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began. B. Subsection A shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof, obstructs the passage or use, in the in the customary of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway. C. This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agriculture Code, or Division 7 (commencing with Section 13000) of the Water Code, if the agricultural activity, operation, or facility, or appurtenances thereof, constitute a nuisance, public or private, as specifically defined or described in any such provision. D. Notwithstanding any provision of this section, no action, alleging that an agricultural operation interferes with private property or personal well-being, shall be maintained unless the plaintiff has sought and obtained a decision of the Agricultural Grievance Committee, provided in Section 16.40.070 of this Chapter or a decision has been sought but not rendered within the time limit provided in said Section. This subsection shall not prevent a public agency from enforcing the provisions of other applicable laws without first resorting to the grievance procedure. (Ord. 3728, 1993.)
16.40.040. DISCLOSURE. A. Grievance Process. Should any controversy arise regarding any inconveniences or discomfort occasioned by agricultural operations which cannot be settled by direct negotiation of the parties involved, the parties shall submit the controversy to a grievance committee as set forth in this section in an attempt to resolve the matter prior to the filing of any court action. B.
Filing Period. Any controversy between the parties shall be submitted to a
grievance committee within thirty (30) days of the later date of the occurrence
of the particular activity giving rise to the controversy or the date a party
became aware of the occurrence. D. Cooperation. The effectiveness of the grievance committee as a forum for resolution of disputes is dependent upon full discussion and complete presentation of all pertinent facts concerning the dispute in order to eliminate any misunderstandings. The parties are encouraged to cooperate in the exchange of pertinent concerning the controversy. E. Process. The controversy shall be presented to the committee by written request of one of the parties within the time limits specified. Thereafter the committee may investigate the facts of the controversy but must, within twenty-five (25)days, hold a meeting to consider the merits of the matter and five (5) days of the meeting render a written decision to the parties. At the time of the meeting, both parties shall have an opportunity to present what each considers to be pertinent facts. No party bringing a complaint to the for settlement or resolution may be represented by counsel unless the opposing party is also represented by counsel. The time limits provided in this subsection for action by the may be extended upon the written stipulation of all parties in a dispute. F. Costs. All costs associated with the functioning of the grievance committee process shall be borne by the initiating the process. The Board of Supervisors may, by resolution, prescribe the fees to recover those costs. (Ord. 3728, 1993.)
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