HomeMy WebLinkAboutOrdinance 90-092-CCBOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
IN THE MATTER OF THE
ADOPTION OF A RIGHT
TO FARM ORDINANCE RESOLUTION NUMBER 90-92 -CC
ORDINANCE NUMBER 90- 92 -CC
WHEREAS, farming is a major industry in Grant County and the State of
Washington; and
WHEREAS, farming is a major economic factor in Grant County and the
State of Washington; and
WHEREAS, a need exists to continue farming and farm operations in
accordance with generally accepted management practices, now, therefore,
BE IT HEREBY ORDAINED that the Board of Grant County Commissioners
adopt -the following "Right to Farm" in Grant County Ordinance:
Section 1. Definitions:
(a) FARM means the land, buildings, and machinery used in the com-
mercial 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 pro-
ducts, 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, and
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
by United States Department of Agriculture, the Washington
State Co -Operative Extension Services in Grant County, recom-
mendations of members of the Grant County Fieldman's Association,
and other professional and industry agricultural organizations.
(e) PERSON means an individual, corporation, partnership, association,
or other legal entity.
Section 2. 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.
Section 3. 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.
PAGE 2
RESOLUTION NUMBER 90- -CC
ORDINANCE NUMBER 90- -CC
Section 4. Farm operations shall not be restricted to time of day or day or
days of the week, but shall be conducted according to general accepted agri-
cultural and management practices.
Section 5. A farm oepration 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 in-
clude but are not limited to: geographical location, weather, soil types
and conditions, type of crop or livestock and management systems.
Section 6. During any spray operations, farmers may post County approved
caution signs on County right-of-way that read "Caution Spraying in Progress."
Section 7. This ordinance should not be construed to compromise existing
County, State and Federal Legislation.
Section 8. This Ordinance shall be in force and take effect September 10,1990.
DONE THIS 10th DAY OF September
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ATTEST: 0,_O��u
UQClerk a Board