It is the purpose and intent of this chapter to regulate the
cultivation of hemp in a responsible manner to protect the health,
safety, and welfare of the residents of Stanislaus County, and to
enforce rules and regulations consistent with state law. It is the
further purpose and intent of this chapter to require all persons
cultivating hemp to obtain a license to operate within Stanislaus
County. Nothing in this chapter is intended to authorize the cultivation
of hemp for purposes that violate state or federal law. The provisions
of this chapter are in addition to any other permits, licenses and
approvals which may be required to conduct activity in the county.
(Ord. CS 1293 §2, 2021)
Pursuant to Section 7 of Article XI of the California Constitution,
Stanislaus County is authorized to adopt ordinances that establish
standards, requirements, and regulations for the licensing of hemp
activities. Any standards, requirements, and regulations regarding
health and safety, security, and worker protections established by
the state of California, or any of its departments or divisions, shall
be the minimum standards applicable in Stanislaus County to all hemp
cultivation.
(Ord. CS 1293 §2, 2021)
When used in this chapter, the following words shall have the
meaning ascribed to them as set forth herein. Any reference to California
statutes includes any regulations promulgated thereunder and is deemed
to include any successor or amended version of the referenced statute
or regular provision.
A. "Hemp
cultivation" means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of hemp, including activities
carried out by hemp breeders. For the purposes of this chapter, hemp
cultivation shall include cultivation by an established agricultural
research institution (EARI) as defined in Section 81000 of the California
Food and Agricultural Code.
B. "Hemp"
has the same meaning as in Section 81000 of the California Food and
Agricultural Code.
E. "Person"
includes any individual, firm, partnership, joint venture, association,
corporation, limited liability company, estate, trust, activity trust,
receiver, syndicate, or any other group or combination acting as a
unit, and the plural as well as the singular.
F. "Hearing officer" means the hearing officer established in Section
6.78.185 of the Stanislaus County Code.
G. "Parcel"
means any lot or portion of land which has been legally separated
from another parcel or portion of land in accordance with the California
Subdivision Map Act.
H. "School"
means any public or private school providing instruction in kindergarten
or grades 1-12, inclusive, but does not include any private school
in which education is primarily conducted in private homes.
I. "Pre-school"
means any licensed or accredited child care facility providing for
pre-school age child as defined in Section 1597.059 of the California
Health and Safety code.
(Ord. CS 1293 §2, 2021)
Except as authorized in this chapter, no person shall engage
in hemp cultivation in the unincorporated area of Stanislaus County,
without first obtaining a license as provided in 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. CS 1293 §2, 2021)
Prior to engaging in hemp cultivation in the unincorporated
area of the county, the following requirements shall be met:
A. Applicants
shall submit an application in accordance with the application process
established by the agricultural commissioner.
B. An applicant
shall be the fee owner of the land upon which hemp is to be cultivated
or provide written consent in a form acceptable to the agricultural
commissioner from the fee owner granting permission for the cultivation
of industrial hemp on the specified parcel(s).
C. A person
may be issued only one hemp cultivation license.
D. No more
than one license shall be issued per parcel.
E. Each
hemp cultivation license shall permit the outdoor cultivation of not
more than a cumulative total of forty acres of land whether on a single
or multiple parcels.
F. Each
license issued pursuant to this chapter shall expire one-year from
the date of issuance.
G. No license
shall be issued until the agricultural commissioner issues an applicant
a registration under Division 24 of the California Food and Agriculture
Code.
H. By submitting
an application for a hemp cultivation license, an applicant consents
to all inspections and testing that may be conducted at any time at
the discretion of the agricultural commissioner.
I. By submitting
an application for a hemp cultivation license, an applicant consents
to providing the agricultural commissioner a criminal history report.
J. 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 one hundred percent of the county's estimated costs
arising from an applicant's activities in the licensing or cultivation
of hemp, including the costs to fully abate a crop of hemp that does
not meet the requirements for legal harvest under applicable laws
and regulations. The agricultural commissioner may require an increase
in the bond or other form of security in the event the applicant increases
the acres under cultivation after a license or registration is issued.
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
or payment of county fees.
(Ord. CS 1293 §2, 2021)
The following standards shall apply to the cultivation of hemp.
A. Each
parcel upon which a license application is submitted shall be a minimum
of ten acres in size and located in the A-2 (General Agricultural)
zoning district but outside of a Local Agency Formation Commission
(LAFCO) Sphere of Influence (SOI) of a city or Urban Transition (UT)
General Plan designation of the county.
B. The
outer edges of any licensed hemp crop, measured from the base of the
hemp plants, shall meet the following setbacks:
1. A
minimum of fifty feet from any and all property lines of any adjoining
parcel under different ownership.
2. A
minimum of one hundred feet from the edge of pavement for any and
all county-maintained roads.
3. A
minimum of two hundred feet from any and all legal dwellings located
on a parcel under different ownership. The nearest point of the dwellings
utilized for interior living space shall be the point of measurement
to determine the dwelling setback requirement.
4. Within
a one thousand foot radius of the boundary of a school, pre-school,
or daycare as defined in this chapter.
All required setbacks shall be determined at the time of the
initial licensing and shall be applicable to all future annual licenses
issued consecutively. Any non-consecutive annual licensing shall reset
the setback requirements.
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C. All
parcels used for the cultivation of hemp shall have on-site signage
indicating that hemp is being cultivated on the 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 twenty-five feet;
and
2. Use
letters and symbols that are of a color that sharply contrast with
their immediate background; and
3. Be
posted conspicuously, including on or at 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 six hundred feet along the parcel's
border with the right-of-way.
D. Any
drying, curing, grading, trimming, or other activity involving hemp
not grown on the licensed parcel is prohibited unless authorized by
the county zoning ordinances.
E. A person
cultivating hemp shall comply with all federal, state, and local laws
and regulations, including, but not limited to, those promulgated
by the board of supervisors and/or agricultural commissioner related
to reporting, sampling, testing, and destruction.
(Ord. CS 1293 §2, 2021)
A. In addition
to any regulations adopted by the board of supervisors, by resolution,
the agricultural commissioner, or designee, is authorized to establish
additional rules, regulations or standards governing the issuance
or denial of hemp cultivation licenses, the ongoing operation of hemp
cultivation, and the county's oversight, if the agricultural commissioner
determines the rule, regulation or standard to be necessary to carry
out the purposes of this chapter.
B. Regulations
issued by the agricultural commissioner shall be published on the
county's website. A copy of the regulations established by the agricultural
commissioner shall be filed with the clerk of the board of supervisors.
C. Regulations
promulgated by the agricultural commissioner shall become effective
upon the date of publication. Hemp cultivation shall be in compliance
with all state and local laws and regulations, including, but not
limited to, any rules, regulations or standards adopted by the agricultural
commissioner.
(Ord. CS 1293 §2, 2021)
To the fullest extent permitted by the law, Stanislaus County
shall not assume any liability whatsoever with respect to having issued
a license to cultivate hemp pursuant to this chapter or otherwise
approving the operation of any hemp cultivation.
(Ord. CS 1293 §2, 2021)
Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance subject to abatement and the imposition of administrative penalties under Chapter
2.92 of the Stanislaus County Code.
(Ord. CS 1293 §2, 2021)
Each and every violation of this chapter shall constitute a
separate violation and shall be subject to all remedies and enforcement
measures authorized by the Stanislaus County Code.
(Ord. CS 1293 §2, 2021)
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, word, sentence or paragraph of this chapter
or the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the other provisions
or application of this chapter.
(Ord. CS 1293 §2, 2021)
It is unlawful for any person to violate any provision, or fail
to comply with any of the requirements, of this chapter. The county
and/or district attorney shall have the discretion to enforce the
provisions of this chapter by administrative penalties, civil remedies,
or criminal proceedings. The remedies provided herein are not to be
construed as exclusive remedies. The county is authorized to pursue
any proceedings or remedies provided by law or in equity.
(Ord. CS 1293 §2, 2021)
Hemp cultivation licenses may be suspended or revoked by the
agricultural commissioner for any violation of any law and/or any
rule, regulation, condition of approval, and/or standard, including,
but not limited to, any of the following, based on substantial evidence:
A. Failure
to pay all fees or costs incurred due to a person's activities in
the licensing or cultivation of hemp.
B. Failure
to comply with the signage requirements provided in this chapter.
C. Failure
to comply with the setback requirements provided in this chapter.
D. Failure
to submit a bond or other security acceptable to the agricultural
commissioner in the amount required by the agricultural commissioner.
E. Failure
to destroy crops in the time and manner specified by the agricultural
commissioner.
F. Failure
to timely submit all reports required by the agricultural commissioner.
G. Failure
to obtain a laboratory test report indicating the THC levels as required
by law, rule, or regulation prior to harvest.
H. Failure
to comply with the maximum acreage limitations provided in this chapter.
I. Failure
to comply with one or more of the conditions of the hemp cultivation
license or any county permits or land use conditions of approval,
or any conditions placed on the county registration.
J. Providing
false material information, written or oral, given willfully or negligently
by the applicant.
K. Any
act or omission by a licensee that results in the violation of the
provisions of this chapter.
L. Any
act or omission by a licensee that results in the denial, revocation
or suspension of the licensee's county registration.
M. Any
act or omission by a licensee which constitutes a violation of state
law or the Stanislaus County Code.
N. Excluding those activities included in the county's "right-to-farm" policy as defined in Stanislaus County Code Chapter
9.32. et seq., which includes, but is not limited to, noise, odors, flies, dust, or fumes, if the licensee allows any hemp cultivation to operate in any manner which constitutes a nuisance, and the licensee has failed to abate the nuisance after notice, such nuisance shall constitute a violation.
(Ord. CS 1293 §2, 2021)
A. If the
agricultural commissioner determines that grounds for suspension or
revocation of the hemp cultivation license exist pursuant to this
chapter, the agricultural commissioner shall issue a written notice
of intention to revoke or suspend the license, as the case may be.
The notice of intention shall be served on the licensee at the address
reported on the license issued pursuant to this chapter. The notice
of intention shall be served by either personal delivery or by certified
U.S. mail, postage prepaid, return receipt requested. The notice of
intention shall:
2. Describe
the location of property;
3. State
the intention to revoke or suspend the license;
4. Provide
the grounds for revocation or suspension and the action necessary
to abate the violation, if any;
5. Notify
the licensee of the right to request a hearing before a hearing officer
to present evidence as to why the license should not be suspended
or revoked;
6. Inform
the licensee of the ten-day deadline to submit a written request for
a hearing.
B. The
licensee shall have ten business days from the service of the notice
of intention to submit a written request for a hearing to the agricultural
commissioner, or designee, who shall immediately forward the request
to the hearing officer for a hearing. Failure to submit the written
request for a hearing shall be deemed a waiver of the right to challenge
the suspension or revocation of the license and a failure to exhaust
administrative remedies. If the hearing is not requested timely, the
agricultural commissioner may suspend or revoke the license in accordance
with the notice of intention.
C. A hearing before the hearing officer shall be held pursuant to the hearing procedures established in Section
6.78.185 of the Stanislaus County Code.
(Ord. CS 1293 §2, 2021)
The board of supervisors may, by resolution or ordinance, establish
a schedule of fees for services provided under this chapter. Services
subject to fees may include, but are not limited to, registration,
licensing, sampling, testing, inspections, monitoring, and enforcement.
(Ord. CS 1293 §2, 2021)
The amount of any fee, cost, or charge imposed pursuant to this
chapter shall be deemed a debt to Stanislaus County that is recoverable
via an authorized administrative process as set forth in the county
code, or in any court of competent jurisdiction.
(Ord. CS 1293 §2, 2021)