Chapter 16.26
RIGHT TO FARM
Sections:
16.26.010 Purpose.
The conservation and protection of agricultural lands on Bainbridge Island are considered economically and nutritionally beneficial. Protection of these lands will enhance the cultural and economic diversity and retain the Island character of the Island. (Ord. 98-20 § 14, 1998)
16.26.020 Definitions.
A. “Agricultural land” means land primarily devoted to agricultural operations.
B. “Agricultural operation” means any facility or activity for the production or intent of production for commercial or family use purposes of dairy, apiary, livestock, camelids, ratites, vegetable or animal products, and crop products including, but not limited to, ornamental crops. Incidental vegetable gardening, landscaping and keeping common pets are not defined as agriculture.
C. “Best management practices” means conservation practices or systems of practices and management measures that:
1. Control soil loss and protect water quality from degradation caused by nutrients, animal waste, toxins and sediment; and
2. Minimize adverse impacts to surface water and groundwater flow, and to the chemical, physical, and biological characteristics of critical areas.
BMPs are defined by the State of Washington Department of Agriculture, Washington State Department of Ecology, Washington State Department of Health, Kitsap Conservation District, and other professional organizations.
D. “Registered agricultural lands” means lands that are either taxed as open space agricultural land, lands for which a farm plan is on file with the city or lands for which the operator has filed a letter with the city that states that the operation will be conducted in compliance with best management practice. (Ord. 98-20 § 14, 1998)
16.26.030 Right to farm.
A. The city declares that an agricultural operation in conformance with agricultural best management practices is not a public or private nuisance,
B. No agricultural operation or any of its appurtenances will be considered by the city to be or become a nuisance, private or public, by any changes in or on the surrounding land; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the unlawful operation of any such agricultural operation or its appurtenances. (Ord. 98-20 § 14, 1998)
16.26.040 Standards.
A. All plats, development permits, and building permits issued for development activities on or within 300 feet of lands registered as agricultural lands and open space will contain a notice that the subject property is within or near agricultural lands on which a variety of commercial activities may occur that are not compatible with residential development.
B. All subdivisions, plats and PUDs shall provide an adequate buffer and/or cluster development from agricultural operations. (Ord. 98-20 § 14, 1998)