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HomeMy WebLinkAboutResolution 90-086-CCNOTICE OF HEARING RESOLUTION NO. 90 -86 -CC RE: RIGHT TO FARM ORDINANCE NOTICE OF HEREBY GIVEN, that the Board of Grant County Commissioners will conduct a public hearing, September 10,1990 at 7:00 p.m. to consider testimony presented for or against the adoption of an Ordinance Definition the Right to farm in Grant County as follows: 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 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 Extension Services in Grant County, recommendations 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. I ' Section 4. Farm operations shall not be restricted to time of day i or day or days of the week, but shall be conducted according to general accepted agricultural and management practices. '..Section'5. 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. 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 & Federal Legislation. Section 8. ,This Ordinance shall be in force and take effect ADOPTED this a day of _ 1990, following .statutory notice. DATED at Ephrata, Washington this 12th day of June, 1990. BOARD OF GRANT COUNTY COMMISSIONERS GLENN E. CHAMBERLAIN, CHAIRMAN GARY tS. CLIA DLER, COMMISSIONER - jow DO GOOD , COMMISSIONER ATTEST: '