Use zoning codes to implement agricultural goals and policies

• Create agricultural preserves (secured by Williamson Act and Farmland Security Zone contracts)

• Streamline subvention programs at local agencies and provide training and outreach on how to apply for Williamson Act and Farmland Security Zone Contracts

• Create buffers around agricultural preserves with specific permitted uses to minimize land use conflict

• Create specific agricultural zoning with minimum parcel sizes for agricultural uses that have clear definitions of permitted and conditional uses

• Design guidelines for agricultural tourism uses

• Establish clear guidelines for agricultural housing

• Define appropriate nuisance issues and nuisance ordinances to fit buffers

• Design a Right-to-Farm ordinance

• Establish criteria for agricultural subdivisions allowed in agriculturally

Case Studies

Zoning

Calaveras County - Agriculture Tourism Zoning

Agriculture zoning provisions can stifle value-added and tourism opportunities for agriculturalists when restrictions on activities such as retail trade and overnight stays exist. Many counties in the Sierra Nevada are seeking ways to enhance the agricultural sector through agricultural tourism. Agritourism allows farmers to create another farm-related revenue channel that often works in tandem with traditional farming operations to increase the enterprises financial viability.

Unfortunately, farmers face a number of obstacles when contemplating some of these options. For example, local zoning ordinances and other land use restrictions can impede a farmer’s ability to establish agritourism opportunities. In addition, liability and insurance costs, large initial capital outlays and the need to change mindset from a farming focus to a hospitality focus, can keep farmers from pursuing such options. Farmland protection and promotion acts, like the Williamson Act, can also restrict a farm business’s ability to achieve sustainability using agritourism and value-added practices.

To sustain agriculture in the Sierra Nevada, local governments must implement land use policies in ways that permit, even encourage, farmers to enhance farming operations through value-added activities.

In October 2005, the Calaveras County Board of Supervisors amended ordinances for four zones – general agriculture, agriculture preserve, residential agriculture, and rural residential – in order to permit a broader range of agriculture-related business opportunities. The new zoning expands the scope of agriculture to retail trade, recreation and education, and some agricultural and business services.

The retail trade specifically permits value-added programs such as agricultural product sales, on-farm sales, roadside stands, produce stands, and U-pick operations. The new ordinance provides the opportunity to establish lodging facilities for agricultural homestays. These are not bed-and-breakfast type establishments. The primary purposes revolve around the guest’s education and active participation in the on-site agricultural activities, not on lodging and meals.

San Miguel County - High Country Zone

Initiated and completed by a volunteer, citizen committee, the San Miguel County Open Space Commission championed modifications to the County’s Master Plan and Land Use Code in order to protect the high country above the towns of Telluride, Ophir, and Alta. Though not highly productive agricultural lands, preserving and protecting the alpine, high country areas in the upper San Miguel watershed is important to the county for grazing, historic and rural landscapes, recreational amenities, and water quality contributions.

The high country in San Miguel County is riddled with patented mining claims, only accessible by four-wheel drive vehicles on the original mining roads. Under the county’s previous zoning, owners of these mining claims were entitled to build 12,000-square-foot houses with the county required to provide full services. In recent years, the value of these mining claims skyrocketed as speculators bought parcels for their development value rather than their mining potential. This development placed increased pressure on the county to improve roads servicing this area to facilitate construction and access by public safety. Such improvements would eliminate economically important summer four-wheel tourism.

Against this backdrop the San Miguel County Open Space Commission began a public process to create a new High County Area zone district to:

* Reduce house sizes to a maximum of 2,500 square feet. Single family dwellings set at 1,000 square feet or less can earn additional square footage by enhancing public recreation opportunities, providing easements for non-motorized access, forgoing a driveway, and designing the house so it’s not visible to local communities during the summer months.
* Ensure roads servicing the area would only be maintained but not improved even for public safety reasons.
* Forbid winter maintenance of these roads by either public or private entities.

Details of the High Country Area zone were fleshed out through a series of well-attended public meetings. At the conclusion of this public process the Open Space Commission sponsored the new zone through the County Planning Commission and Board of County Commissioners. In the end, more than 28,000 acres were included in the new zone. A multiplicity of community characteristics, including maintaining agricultural lands, was maintained within one land use zoning type.

Ordinances

Farmland Mitigation Ordinances and Policies

Farmland mitigation programs are somewhat similar in concept to wetlands mitigation. They involve protecting farmland by providing equivalent farm acreage elsewhere or paying a fee when agricultural land is converted to other uses.

The City of Davis, California enacted the nation’s first farmland mitigation ordinance and programs in 1995. This ordinance requires developers to permanently protect one acre of farmland for every acre of agricultural land they convert to another use. Developers can place an agricultural conservation easement on farmland in another part of the city or pay a fee to satisfy mitigation. In order to pay a fee, the city council must approve it and the fee must be used for farmland mitigation, particularly of prime farmlands and habitat.

An updated General Plan in 2001 required Davis’ Farmland Preservation ordinance to readjust its mitigation ratio from 1:1 to 2:1 for new development projects occurring along the entire non-urbanized perimeter.

Right-to-Farm Ordinance

Counties and municipalities looking to protect and encourage agricultural operations may adopt a right-to-farm ordinance. Residential and commercial developments near active agricultural lands and operations can and have led to restrictions on agricultural operations. The operations sometimes become the subject of nuisance complaints.

A right-to-farm ordinance defines and limits cases when agricultural operations may be considered a nuisance. It may include a disclosure notice to prospective property buyers notifying them that property they are purchasing is in the vicinity of agricultural land. The property buyers may experience inconveniences associated with normal agricultural operations and special agricultural setbacks may be required on the property.

Nuisances associated with agricultural production may include chemicals, noise, dust and odors. The Lassen County, California ordinance contains elements found in many right-to-farm ordinances.

A right-to-farm ordinance is not intended to alter state nuisance laws. The ordinance typically lacks regulatory teeth and is primarily used as an informational tool. Disclosing information regarding rural living near or adjacent to active agricultural lands may be the most beneficial aspect of the ordinance.