Pursuant to Article XI, Section 7, of the California Constitution,
the county of Merced ("county") may adopt and enforce ordinances and
regulations not in conflict with general laws to protect and promote
the public health, safety, and welfare of its citizens. It is the
purpose and intent of this chapter to establish standards, requirements,
and regulations governing industrial hemp cultivation.
Further, it is the purpose and intent of this chapter to impose
reasonable land use regulations to protect the county's residents,
neighborhoods, businesses, and the environment from disproportionately
negative impacts caused by industrial hemp cultivation, and to enforce
rules and regulations consistent with state and federal law.
The provisions of this chapter are in addition to any other
permits, licenses and approvals which may be required to conduct business
in the county, and are in addition to any permits, licenses and approval
required under state, county, or other law.
(Ord. 1972 § 2, 2019)
For the purposes of this chapter, the following definitions
shall apply, unless the context clearly indicates otherwise. If a
word is not defined in this chapter, the common and ordinary meaning
of the word shall apply. All citations to state law shall refer to
the act, statute, or regulations as may be amended from time to time.
shall include any activity involving the propagation, planting,
growing, harvesting, drying, curing, grading, or trimming of hemp.
is an institution of higher education, as defined in Section
101 of the Federal Higher Education Act of 1965 (20 U.S.C. Section
1001), that grows or cultivates industrial hemp for purposes of research
conducted under an agricultural pilot program or other agricultural
or academic research in accordance with Section 7606 of the Federal
Agricultural Act of 2014 (7 U.S.C. Section 5940) or is otherwise approved
by the California Secretary of Food and Agriculture.
shall have the same meaning as "industrial hemp" set forth
below.
has the same meaning as that term is defined in Section 11018.5
of the Health and Safety Code. That section defines industrial hemp
as "a crop that is limited to types of the plant Cannabis sativa L.
having no more than three-tenths of one percent tetrahydrocannabinol
(THC) contained in the dried flowing tops, whether growing or not;
the seeds of the plant; the resin extracted from any part of the plant;
and every compound, manufacture, salt, derivative, mixture, or preparation
of the plant, its seeds or resin produced therefrom."
shall have the meaning set forth in Food and Agricultural
Code Section 5005.
includes any individual, firm, partnership, joint venture,
association, corporation, limited liability company, estate, trust,
business, business trust, receiver, syndicate, collective, cooperative,
institution, including an established agricultural research institution,
or any other group or entity, or combination acting as a unit. Except
where otherwise indicated by context, the singular shall include the
plural, and vice versa.
is a facility or land use that serves or attracts members
of a population who are particularly sensitive to the effects of air
pollutants or strong odors, such as children, the elderly, and people
with illnesses. Examples of sensitive receptors include hospitals,
schools, and parks.
is a cultivated hemp plant grown from seed or cutting in
soil or individual containers for less than eight weeks that does
not exceed a height of eight inches.
(Ord. 1972 § 2, 2019)
The sheriff, the agricultural commissioner, and/or the director
of community and economic development, or their respective designees,
are charged with the responsibility of administering, and exercising
the authority conferred under, this chapter.
(Ord. 1972 § 2, 2019)
No person shall cultivate industrial hemp in the unincorporated areas of Merced County without first obtaining a license issued by the agricultural commissioner to cultivate as provided in this chapter. A license for cultivation may be issued to an established agricultural research institution only if it meets the definition of established agricultural research institution stated in Section 9.31.020 of this chapter. A license issued under this chapter does not grant any interest in real property or create any interest of value and is not transferable.
(Ord. 1972 § 2, 2019)
A license for the cultivation of industrial hemp may be issued
only if each of the following requirements are met:
A.
Applicants
shall submit an application in accordance with the application process
established by the agricultural commissioner. A single license may
be issued for multiple parcels.
B.
An applicant
shall be the deed holder of the land upon which hemp is to be cultivated,
or provide writ-ten consent in a form acceptable to the agricultural
commissioner, from the deed holder granting permission for the cultivation
of industrial hemp on the specified parcel(s).
C.
Each
parcel for which a license application is submitted must be a minimum
of 20 acres in size, and located in the A-1 (General Agricultural)
zoning district.
D.
Before
a license is issued under this chapter, the applicant shall submit
a bond or other form of security acceptable to the agricultural commissioner
in the amount of 100% of the estimated cost to fully abate a crop
of industrial hemp that does not meet requirements for legal harvest
under applicable laws and regulations. The financial security provided
shall be released to the applicant after the agricultural commissioner
determines that the security is no longer needed to secure the abatement
of a non-compliant hemp crop.
E.
An applicant
shall fully satisfy the registration requirements stated in Food and
Agricultural Code Section 81003.
F.
An applicant
for the cultivation of transplants shall have a license to sell nursery
stock as required under California Food and Agricultural Code Section
6721 et seq.
G.
Each
license issued under this chapter shall expire one year from the date
of its issuance.
(Ord. 1972 § 2, 2019)
The following standards shall apply to the cultivation of industrial
hemp.
A.
The
cultivation of industrial hemp is permitted in the A-1 (General Agricultural)
zoning district. Cultivation of industrial hemp is prohibited in all
other zoning districts.
B.
A person
cultivating industrial hemp shall design the parcel used for cultivation
in a manner that minimizes odors to surrounding areas.
C.
Except
as provided in a variance granted in accordance with Merced County
Code, outdoor industrial hemp cultivation shall meet the following
setback requirements:
1.
Two
hundred feet from any boundary line of the parcel, unless the boundary
line is adjacent to the boundary line of a parcel that is either owned,
managed, or otherwise under the control of the person who obtained
the license for the cultivation of industrial hemp.
2.
One
thousand feet from any sensitive receptor.
3.
Two
hundred feet from any residence.
D.
Any
structure(s) containing facilities used for the processing of industrial
hemp must have all permits required under state law and Merced County
Code.
E.
The
indoor cultivation of hemp is limited to the cultivation of hemp transplants
in a structure dedicated solely to the cultivation of nursery stock
and located within the A-1 zoning district on a parcel with a minimum
size of 20 acres. All other indoor cultivation of industrial hemp
is prohibited. Structures must comply with applicable building codes
and be permitted by the department of public works building division
and the community and economic development department as required
by County Code.
1.
Except
as provided in a variance granted in accordance with Merced County
Code, structures used for indoor cultivation of hemp shall meet the
following setbacks:
F.
All
parcels used for the cultivation of industrial hemp shall have onsite
signage indicating that hemp is being cultivated on site. The signs
shall:
1.
Be
of a size so that the wording on the sign is clearly visible and readable
to a person with normal vision from a distance of 25 feet; and
2.
Use
letters and symbols that are of a color that sharply contrasts with
their immediate background; and
3.
Be
posted at the corners of the parcel and at all usual points of entry
to the parcel, including each road, footpath, walkway, or aisle that
enters the cultivation area. When a parcel is adjacent to a public
right-of-way, such as a road, trail, or path, signs shall be posted
at intervals not exceeding 600 feet along the parcel's border with
the right-of-way.
G.
A person
cultivating industrial hemp shall comply with all provisions of California
State law, and associated regulations, applicable to the cultivation
of industrial hemp, including, but not limited to, requirements for
cultivation, sampling, laboratory testing, harvesting, and crop destruction.
(Ord. 1972 § 2, 2019)
An industrial hemp crop that does not comply with the provisions of this chapter and all applicable provisions of California State law, and associated regulations, shall be destroyed. Crop destruction shall proceed as provided for in all applicable laws and regulations, which includes Food and Agricultural Code Section 81006 and California Code of Regulations, Title 3, Sections 4950 and 4950.1. The grower of the industrial hemp crop shall submit a destruction plan to the agricultural commissioner at least 24 hours prior to the start of the destruction. The agricultural commissioner shall approve the method of destruction. An industrial hemp grower that fails to destroy an industrial hemp crop as required shall forfeit the financial security provided under Section 9.31.050, subsection D, and the agricultural commission shall proceed to destroy the non-compliant crop.
(Ord. 1972 § 2, 2019)
The board of supervisors may, by resolution, establish a fee
for a license issued under this chapter.
(Ord. 1972 § 2, 2019)
The cultivation of industrial hemp in violation of state law, state regulation, this chapter, or other local regulation constitutes a public nuisance subject to abatement and the imposition of administrative penalties under Chapter 9.70 of the Merced County Code. Each and every day a violation of this chapter exists constitutes a separate and distinct violation.
(Ord. 1972 § 2, 2019)
Each and every violation of this chapter shall constitute a
separate violation. All violations of this chapter are subject to
punishment and enforcement measures authorized under federal, state,
and Merced County Code.
(Ord. 1972 § 2, 2019)
