Chapter 5.28
FARM OPERATIONS
Sections:
5.28.030 Conformity to accepted practices.
5.28.040 Effect of adjacent land use or occupancy on preexisting farm.
5.28.050 Time restrictions prohibited.
5.28.060 Varying conditions – Consideration of effects on management practices.
5.28.070 Posting of caution signs.
5.28.080 Interpretation of provisions.
5.28.005 Short title.
This chapter may be known and cited as the right-to-farm ordinance. (Ord. 2010-5 (Exh. A), 2010).
5.28.010 Purpose.
Okanogan County has determined that agricultural operations are important to the economy, customs, and culture of Okanogan County and will not consider the inconveniences or discomforts arising from farm operations to be a nuisance if such operations are legal, consistent with accepted customs and standards, and operated in a nonnegligent manner. (Ord. 2010-5 (Exh. A), 2010).
5.28.020 Definitions.
A. “Farm” means the land, buildings and machinery used in the commercial production of farm products, which is located within the boundaries of Okanogan County.
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 and transport of machinery and irrigation pumps, ground and aerial seeding and spraying, the application of chemical fertilizers, conditioners, pesticides, herbicides, fungicides, insecticides, and associated drift of such materials, preparation, tillage, and maintenance of the soil or other growing medium and composting, the production, irrigation, frost protection, cultivation, growing, raising, breeding, harvesting, slaughtering, or processing of any living organism having value as an agricultural commodity or product, and any commercial practices performed incident to or in conjunction with such operations on the site where the agricultural product is being produced, including preparation for market, delivery to storage or to market, or to carriers for transportation to market, 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 and feedlot operations, portable slaughter facilities, fruits, vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine and other similar products, or any other products which incorporate the use of food, feed, fiber or fur.
D. “Generally accepted agricultural and management practices” means those historic practices or those innovative practices as defined or recommended by the state of Washington Department of Agriculture, Washington State or Okanogan County Horticulture Association, Washington State Cooperative Extension Services in Okanogan County, conservation district(s), and other agricultural organizations and field technicians.
E. “Person” means an individual, corporation, partnership, association, or other legal entity. (Ord. 2010-5 (Exh. A), 2010; Ord. 90-6 § 1, 1992. Formerly 5.28.010).
5.28.030 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. (Ord. 2010-5 (Exh. A), 2010; Ord. 90-6 § 2, 1992. Formerly 5.28.020).
5.28.040 Effect of adjacent land use or occupancy on preexisting farm.
A. 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.
B. If property you own or are purchasing or may purchase in the future is located close to agricultural lands or within agricultural lands, you may be subject to inconveniences or discomfort arising from agricultural operations. Such discomfort or inconveniences may include, but are not limited to: noise, odors, dust, chemicals, smoke, insects, operation of machinery, disruption of road traffic, and aircraft operation. One or more of the inconveniences described above will occur even in the case of an agricultural operation which is in conformance with existing laws and regulations and locally accepted customs and standards. If you live near or move to an agricultural area, you shall be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in a county with a strong rural character and a healthy agricultural sector. (Ord. 2010-5 (Exh. A), 2010; Ord. 90-6 § 3, 1992. Formerly 5.28.030).
5.28.050 Time restrictions prohibited.
Farm operations shall not be restricted to time of day, or days of the week, but shall be conducted according to generally accepted agricultural and management practices. (Ord. 2010-5 (Exh. A), 2010; Ord. 90-6 § 4, 1992. Formerly 5.28.040).
5.28.060 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. (Ord. 2010-5 (Exh. A), 2010; Ord. 90-6 § 5, 1992. Formerly 5.28.050).
5.28.070 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.” (Ord. 2010-5 (Exh. A), 2010; Ord. 90-6 § 6, 1992. Formerly 5.28.060).
5.28.080 Interpretation of provisions.
This chapter should not be construed to compromise existing county, state, and federal laws. (Ord. 2010-5 (Exh. A), 2010).
5.28.090 Subdivisions.
All final short plats and long plats, in accordance with OCC Title 16, shall include the following plat disclaimer:
Okanogan County maintains a Right-to-Farm ordinance (OCC 5.28). Okanogan County will not consider inconveniences or discomforts arising from farms and farm or range operations to be a nuisance if the farm or farm or range operation conforms to generally accepted agricultural and management practices.
(Ord. 2010-5 (Exh. A), 2010).
5.28.100 Severability.
If any provision of this title is for any reason held to be invalid, the remainder of this title shall not be affected. If any provision of this title is adjudged invalid as applied to a particular person or circumstance, that provision of this title shall not be affected as to other persons or circumstances. (Ord. 2010-5 (Exh. A), 2010).