This article shall be known as the "right to farm ordinance."

Plumas County is an agricultural and timber resources dependent county. Many parcels of real property are located adjacent to, or near to, commercial operations based on agriculture or timber or both. Owners of such parcels, especially new owners, should be made aware that the use and enjoyment of their property may be impacted by noise, odors, smoke, fumes, dust, storage and disposal of animal excretion, and the application of chemical fertilizers, pesticides, and soil amendments, due to the proximity of agricultural or timber operations.

Plumas County has determined that such impacts shall not constitute a nuisance if the operations are lawful and utilize accepted or best management practices. This determination is based on the factual finding that agricultural and timber operations are essential to the economic health of the County, and that food and fiber production in the County benefits society generally.

The purpose of this article is to protect agricultural and/or timber operations from nuisance claims, in addition to the protection afforded by California Civil Code Section 3482.5. It is intended that the above-described impacts should not, and will not, constitute a nuisance under County law. A further purpose is to affirm that neighboring land owners have a responsibility to know the laws, regulations, standards and customs that apply to agricultural or timber operations. It is intended that the Planning Department notify the public of this responsibility.

(§ 1, Ord. 91-770, eff. December 19, 1991)

For purposes of this article, the following terms are defined as follows:

(a)

"Agricultural and/or timber operation" shall have the meaning set forth in California Civil Code Section 3482.5(e) which includes, but is not 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 such farming operations, including preparation for market, delivery to storage, or to market, or to carriers for transportation to market.'

(b)

"Code" shall mean the Plumas County Code.

(c)

"Neighboring land owner" shall mean an owner of real property in Plumas County, which property is located adjacent to, or near to, or in the neighborhood of an agricultural or timber operation.

(d)

"Nuisance" shall be defined as set forth in California Civil Code Section 3479, recognizing that the term "nuisance" is broad enough to encompass almost any conceivable type of interference with enjoyment or use of land or property [Stoiber v. Honeychuck (1980) 101 Cal. App. 3d 903, 919].

(§ 1, Ord. 91-770, eff. December 19, 1991)

In addition to the protection afforded by California Civil Code Section 3482.5, no agricultural or timber operation shall be or become a nuisance, public or private, under the laws of Plumas County, including this Code, when the operations are managed or conducted in a manner consistent with accepted customs and standards established in Plumas County, or with the best management practices established by the industry.

(§ 1, Ord. 91-770, eff. December 19, 1991)

The Planning Director of the County shall notify the public, as appropriate, of this right to farm ordinance. Persons seeking land use approvals shall be notified that "neighboring land owners" have a responsibility to know the laws, regulations, standards, and customs that apply to agricultural or timber operations. Persons in the real estate business shall also be so notified. The Planning Director shall also publish annually a one quarter page newspaper notice advising "neighboring land owners" that agricultural or timber operations have rights under Civil Code Section 3482.5 and this article. The nature of those rights shall be summarized in the notice.

(§ 1, Ord. 91-770, eff. December 19, 1991)