Ag Urban Interface Issues. Lottie Martin, Deputy Agricultural Commissioner

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1 Ag Urban Interface Issues Lottie Martin, Deputy Agricultural Commissioner 1

2 What is Ag Urban Interface? The University of California defined the Ag Urban interface as areas where six or more structures per 10 acres were within 1/3 mile (1760 ft) of cropland. 2

3 How Much Ag Land In CA Is Adjacent to Urban Land? California is roughly 101 million acres 43 million acres of land in California are devoted to agriculture 16 million acres to grazing 27 million acres to cropland 3.4 million acres of California Ag land was within 1/3 mile of urban land in 2002 according to CDFA 2 million acres of California Ag land is no longer farmed because it is in areas that are too urbanized 40,000 acres of California Ag land is being lost to urbanization each year 3

4 California Right to Farm Cal. Civ. Code (a) (1) No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began. (2) No activity of a district agricultural association that is operated in compliance with Division 3 (commencing with Section 3001) of the Food and Agricultural Code, shall be or become a private or public nuisance due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began. This paragraph shall not apply to any activities of the 52nd District Agricultural Association that are conducted on the grounds of the California Exposition and State Fair, nor to any public nuisance action brought by a city, county, or city and county alleging that the activities, operations, or conditions of a district agricultural association have substantially changed after more than three years from the time that the activities, operations, or conditions began. 4

5 (b) Paragraph (1) of subdivision (a) shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway. (c) Paragraph (1) of subdivision (a) shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code, if the agricultural activity, operation, or facility, or appurtenances thereof constitute a nuisance, public or private, as specifically defined or described in any of those provisions. (d) This section shall prevail over any contrary provision of any ordinance or regulation of any city, county, city and county, or other political subdivision of the state. However, nothing in this section shall preclude a city, county, city and county, or other political subdivision of this state, acting within its constitutional or statutory authority and not in conflict with other provisions of state law, from adopting an ordinance that allows notification to a prospective homeowner that the dwelling is in close proximity to an agricultural activity, operation, facility, or appurtenances thereof and is subject to the provisions of this section consistent with Section a. (e) For purposes of this section, the term agricultural activity, operation, or facility, or appurtenances thereof shall include, but not be 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 those farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market. 5

6 Santa Barbara County Right to Farm Ordinance Article V. - Right to Farm Sec Agricultural nuisances and consumer information. (a)purpose and Intent. The purpose of this division is to protect agricultural land uses on land designated on the Comprehensive Plan/Coastal Plan, Land Use Maps as A-I or A-II, or on land zoned exclusively for agricultural use from conflicts with nonagricultural land uses that may result in financial hardship to agricultural operators or the termination of their operation. (b)definitions. (1)"Agricultural land" means land within the A-I and A-II categories as designated pursuant to the County of Santa Barbara Comprehensive Plan, Land Use Element, or land zoned exclusively for agricultural use pursuant to the County of Santa Barbara Articles II, III and IV Zoning Ordinances. (2)"Agricultural use" means and includes, but is not limited to, the tilling of the soil, the raising of crops, horticulture, aviculture, apiculture, livestock farming, the raising of small animals and poultry, dairying, animal husbandry, wineries processing grapes produced on the premises, and the sorting, cleaning, packing and storing of agricultural products preparatory to sale and/or shipment in their natural form when such products are produced on the premises, including all uses customarily incidental thereto, but not including slaughterhouse, fertilizer works, commercial packing or processing plant or plant for the reduction of animal matter, or any other use which is similarly objectionable because of 6 odor, smoke, dust, fumes, vibration or danger to life or property.

7 (c)findings. The board of supervisors finds that it is in the public's interest to preserve and protect agricultural land and operations within the County of Santa Barbara and to specifically protect these lands for exclusive agricultural use. The board of supervisors also finds that residential development adjacent to agricultural land and operations often leads to restrictions on farm operations to the detriment of the adjacent agricultural uses and economic viability of the county's agricultural industry as a whole. The purposes of this chapter, therefore, are to promote the general health, safety and welfare of the county, to preserve and protect for exclusive agricultural use those lands zoned for agricultural use, to support and encourage continued agricultural operations in the county, and to forewarn prospective purchasers or residents of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or residence including, but not limited to, the sounds, odors, dust and chemicals that may accompany agricultural operations. The further purpose of this provision is to promote a good neighbor policy between agriculturalists and residents by advising purchasers and residents of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or residence including, but not limited to, the sounds, odors, dust and chemicals that may accompany agricultural operations so that such purchasers and residents will understand the inconveniences that accompany living side by side to agriculture and be prepared to accept such problems as the natural result of living in or near agricultural areas. 7

8 (d)no agricultural activity, operation or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began. (e)public Information. Information concerning the ordinance codified in this section shall be made available by the County of Santa Barbara resource management department, including the following notice: Santa Barbara County is an agricultural county with many areas zoned for agricultural operations. The presence of farms and ranches yields significant aesthetic and economic benefits to the residents of the County. Thus, the County's agriculture must be protected, including in areas where it is near residential development and Santa Barbara County has enacted Chapter 3-23 of its County code which provides that properly conducted agricultural operations will not be deemed a nuisance. 8

9 The ordinance further requires the County to make information on the ordinance and its provisions available to the public. Accordingly, if the property you own, rent, or lease is located close to agricultural lands or operations, you may be subject to inconvenience or discomfort from the following agricultural operations: cultivation and tilling of the soil; burning of agricultural chemicals including, but not limited to, the application of pesticides and fertilizers; and production, irrigation, pruning, growing, harvesting and processing of any agricultural commodity, including horticulture, timber, apiculture, the raising of livestock, fish, poultry and commercial practices performed as incident to or in conjunction with such agricultural operation, including preparation for market, delivery to storage or market, or to carriers or transportation to market. These operations may generate dust, smoke, noise and odor. (f)severability. If any section, subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of the chapter. 9

10 Conflicts for Agriculture Trespass Theft Vandalism Increased Traffic Imported Pests Domestic Animals Loss or Reduction of Use 10

11 Rural Crime in SB County The Rural Crime Enforcement Unit has one fulltime Sheriff s Deputy and additional collateral duty rural crime deputies The Rural Crime Unit investigated 162 rural related incidents in 2012 These reports included over $556,000 in stolen property, livestock, and agricultural goods, of which $203,000 worth was recovered In all, 58 suspects were arrested and 21 were referred to the District Attorney s Office for prosecution In 2012, numerous farms and ranches in the Santa Maria Valley were the victims of fuel thefts A total of almost $5,600 in stolen fuel was reported in more than 15 cases 11

12 Imported Pests Pests are transported on landscape materials planted around homes and businesses People share plants, cuttings and fruits from other areas that may be infested Invasive plants are brought in and planted It is costly to try and stop or slow the spread using quarantines, IPM and pesticides 12

13 Some Pest Issues in SB County LBAM ACP/HLB GWSS/PD Glad Rust Japanese Dodder 13

14 Other Problems for Ag Loss or reduction of Use Change in hours of operation Change in business practices Change in crop or giving up a portion of a field as a BZ Increased Traffic 14

15 Conflicts for Urban Pesticide Use Odor Dust Noise Night Lights Parking and Road Use Pests/Insects 15

16 Pesticide Related Complaints CAC is required to investigate Interviews all parties May take pesticide residue samples Submits a report to DPR Takes action for violations

17 Drift We had had 11 alleged drift cases since 2014 Distance to sensitive areas leave a buffer Check surrounding area and current activities Adjust application timing Current weather conditions wind, fog, high temps Application monitoring throughout application Conditions can change Know when to stop and empower applicators to make the decision!

18 Complaints Not Related to Pesticide CAC finds out who the growers is CAC reaches out to the grower and lets them know about the complaint CAC will try to mediate the situation and help the grower find a solution if possible CAC provides information to complainant about our authority to deal with the situation CAC may provide the complainant with other agency resources

19 Odor The CAC received 14 odor complaints since 2014 The CAC doesn t have authority to regulate odor, but may take pesticide residue samples that lead to finding pesticide drift Try to use lower odor products near sensitive sites Use an odor mask Time your application for cooler weather some odors lift off more during heat Do not apply products with a strong odor when the wind is blowing toward or predicted to blow toward the sensitive site Apply when the fewest number of people should be around and outdoors

20 Dust The CAC received 6 dust complaints since 2014 The CAC has no regulatory authority over dust APCD has jurisdiction Try not to plow/till large areas when high wind is predicted Try to keep the field moist Install barrier fences or hedgerows to slow the movement

21 Noise The CAC received 3 noise complaints since All were related to bird cannons The CAC has also received several complaints about pump noise in the past The CAC has no regulatory authority Sometimes P&D also gets involved The CAC reaches out to the grower to advise them of the complaint and offer potential solutions There is an acceptable use policy for propane cannons, the CAC provides the grower with the information Not using the bird cannons early in the morning or during the night and allowing longer intervals between blasts can be helpful Building an insulated pump house can reduce the noise from pumps electric pumps can be an option

22 The Other Common Issues Night lights Slow moving equipment on the road Excessive parking along roadsides The CAC has no regulatory authority over these issues but recommends getting to know your neighbors before there is an issue. Sometime just letting them know what to expect throughout the season helps. Organize rideshares or vanpools for employees Respect neighbors special requests when reasonable Try to schedule to minimize burden to the neighbors 22

23 More Complaints Water runoff and erosion Ugly fences blocking views of fields Bathrooms parked close to fencelines of homes Loud music coming from employee radios Employees and farm equipment driving too fast, causing dust and parking near homes

24 Are You Protected? Is what you are doing against some law or regulation? Is what you are doing a normal practice for other similar Ag operations? We will refer a complainant to another agency if the issue is covered by their jurisdiction but we will let you know we received a complaint and try to work with you and the complainant first. We refer to the UC and to the commodity groups to find out what standard industry practices are. *Managing Alternative Livestock Feed Sources in Ventura County* A multi-agency approach to a complaint where the Right to Farm did not protect the practices of the Ag operation. 24

25 Some Recent Examples Fumigation Notification led to restricted permit appeal March wind event led to dust complaint from field BOS received a complaint of bird cannons going off at night near Orcutt in August Complaint of a bad manure odor from a neighbor when an organic grower had two piles of chicken manure delivered to spread in field 25

26 What Can You Do? As new practices come out, ask you industry group or the UC to develop guidelines for acceptable use or best management practices If you industry group has Good Neighbor Policies, follow them. If they don t, encourage them to develop them Train industry spokespeople to speak on behalf of your industry when issues come up. Choose people that are even tempered and calm in front of an audience or camera Work with the CAC when you have neighbor problem 26

27 Conclusion Most complainants just want information Reach out to neighbors before there is a problem Let them know you are will to take their call when they have a concern and then work with them to find a solution Be as considerate as possible with your farming practices When complainants don t get the response they are hoping for, they often try other avenues and complaints escalate The CAC is here as a resource for you call us if you are having an issue and we will try to help Lottie Martin Deputy Agricultural Commissioner lmmartin@co.santa-barbara.ca.us 27