Chapter 5.36
RIGHT TO FARM
Sections:
5.36.020 Conformity to accepted practices.
5.36.030 Effect of adjacent land use or occupancy on preexisting farm.
5.36.040 Time restrictions prohibited.
5.36.050 Varying conditions—Consideration of effects on management practices.
5.36.060 Posting of caution signs.
5.36.070 Interpretation of provisions.
5.36.010 Definitions.
(a) “Farm” means the land, buildings, and machinery used in the commercial production of farm products.
(b) “Farm operation” means a condition or activity which occurs on a farm in connection with the commercial production of farm products, and includes, but is not limited to, marketed produce at roadside stands or farm markets—noise—odors—dust—fumes—operation of machinery and irrigation pumps—ground and aerial seeding and spraying—the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides and associated drift of such materials; and the employment and use of labor.
(c) “Farm product” means those plants and animals useful to human beings and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, including breeding and grazing, fruits, vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine and other similar products, or any other product which incorporates the use of food, feed, fiber or fur.
(d) “Generally” accepted agricultural and management practices” means those historic practices and those practices as defined by the State of Washington Department of Agriculture, recommendations of Washington State Co-Operative Extensions Services in Chelan County, recommendations of members of the North Central Washington Fieldman’s Association, and other professional and industry agricultural organizations.
(e) “Person” means an individual, corporation, partnership, association, or other legal entity. (Res. 90-81 § 1, 7/24/90).
5.36.020 Conformity to accepted practices.
A 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. (Res. 90-81 § 1, 7/24/90).
5.36.030 Effect of adjacent land use or occupancy on preexisting farm.
A farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation existed before a change in the land use or occupancy of adjacent land or other land in the general area. (Res. 90-81 § 3, 7/24/90).
5.36.040 Time restrictions prohibited.
Farm operations shall not be restricted to time of day or day or days of the week, but shall be conducted according to generally accepted agricultural and management practices. (Res. 90-81 § 4, 7/24/90).
5.36.050 Varying conditions—Consideration of effects on management practices.
A farm operation shall not be found to be a public or private nuisance when conducted according to generally accepted management practices when in turn these practices may be subject to varying conditions which include but are not limited to: geographical location, weather, soil types and conditions, type of crop or livestock and management systems. (Res. 90-81 § 5, 7/24/90).
5.36.060 Posting of caution signs.
During any spray operations, farmers may post county approved caution signs on county rights-of-way that read “Caution Spraying In Progress.” (Res. 90-81 § 6, 7/24/90).
5.36.070 Interpretation of provisions.
This chapter should not be construed to compromise existing county, state and federal laws. (Res. 90-81 § 7, 7/24/90).