To: Sonoma County Board of Supervisors
Department or Agency Name(s): Agriculture/Weights & Measures
Staff Name and Phone Number: Andrew Smith, 565-2371
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
VESCO Amendments for Replanting Cultivated Lands and Permit Extensions - Second Reading
End
Recommended Action:
Recommended action
Adopt an Ordinance amending Chapter 36 of the Sonoma County Code (Vineyard And Orchard Erosion and Sediment Control Ordinance) to amend the replanting permitting requirements to permit the conversion of cultivated lands to vineyard or orchard, clarify the one-time five-year extensions for vineyard and orchard replanting permits, and find the ordinance exempt from CEQA (Guidelines Sections 15061(b)(3), 15301, 15307, and 15308).
end
Executive Summary:
On August 18, 2026, the Board of Supervisors introduced, read the title of, and waived further reading of the proposed Ordinance to amend Chapter 36 of the Sonoma County Code (Vineyard and Orchard Erosion and Sediment Control Ordinance or VESCO) related to conversion of actively cultivated lands. The Ordinance is now presented for final adoption.
Discussion:
On August 18, 2026, the Board of Supervisors introduced the proposed Ordinance to amend VESCO related to subjecting the conversion of actively cultivated lands to vineyard and orchard replanting permit requirements. The Ordinance also clarifies the process for applying for a one-time five year extension of a vineyard or orchard replanting permit. More details on the Ordinance can be found in the August 18 Board Summary Report <https://sonoma-county.legistar.com/View.ashx?M=F&ID=15744266&GUID=DDD3938C-2F2F-4B1D-A515-306C6464AD27>.
The proposed Ordinance implements the workplan directed by the Board on June 2, 2026, following the work of the Agriculture in Sonoma County Ad Hoc Committee.
CEQA
The proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that this ordinance may have a significant effect on the environment. The ordinance is additionally exempt from CEQA under Sections 15307 and 15308 as an action taken by a regulatory agency to ensure the maintenance, restoration, or enhancement of natural resources or the environment where the regulatory process involves procedures for protection of the environment. The ordinance is further exempt from CEQA under Section 15301 for projects involving the permitting of minor alterations to existing topographical features involving negligible or no expansion of use. The basis for these determinations is that the proposed action only makes changes to Chapter 36 of the County Code to establish a pathway for cultivated lands that have the same environmental impact as vineyard and orchard to convert to vineyard or orchard under existing replant regulations, and to clarify the requirements for a permit extension that the Department already offers.
ALTERNATIVES
The alternative to adopting these proposed minor and technical revisions as drafted would be to postpone any changes until the Board conducts additional study sessions with staff and stakeholders. Following the study sessions, staff could bring back any proposed revisions directed by the Board.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
3/16/2021: Adoption of Ordinance No. 6338 to add a low-impact replanting registration provision to Chapter 36 of the Sonoma County Code.
12/15/2020: Adoption of Ordinance No. 6331 to make miscellaneous minor and technical revisions to Chapter 36, Chapter 11, and Section 25B-3 of the Sonoma County Code.
12/17/2017: Adoption of Ordinance No. 6219 to establish separate chapters for construction grading and drainage (Chapter 11) and vineyard and orchard development and agricultural grading and drainage (Chapter 36), add an additional enforcement mechanism, incorporate Riparian Corridor setbacks, and make legal clarifications.
5/15/2012: Adoption of Ordinance No. 5988 to establish requirements and standards for vineyard and orchard planting where tree removal is involved and making other miscellaneous other minor changes to Chapter 11 of the Sonoma County Code.
12/9/2008: Adoption of Ordinance No. 5819 to consolidate all grading, drainage and vineyard and orchard development related code provisions into one Sonoma County Code chapter.
2/08/2000: Adoption of Ordinance No. 5216 enacting the Vineyard Erosion and Sediment Control Ordinance as part of Chapter 30 of the Sonoma County Code.
Fiscal Summary
|
Expenditures |
FY26-27 Adopted |
FY27-28 Projected |
FY28-29 Projected |
|
Budgeted Expenses |
$12,280 |
$51,280 |
$51,280 |
|
Additional Appropriation Requested |
|
|
|
|
Total Expenditures |
$12,280 |
$51,280 |
$51,280 |
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
$12,280 |
$51,280 |
$51,280 |
|
State/Federal |
|
|
|
|
Fees/Other |
|
|
|
|
Use of Fund Balance |
|
|
|
|
General Fund Contingencies |
|
|
|
|
Total Sources |
$12,280 |
$51,280 |
$51,280 |
Narrative Explanation of Fiscal Impacts:
The Department estimates that approximately 20% of typical VESCO applicants for vineyard replant projects will choose to take advantage of the new replant permitting pathway. This provision delays the submittal of a VESCO replant application which will lead to some fiscal impacts in the near term. Based on an average of total replant projects per year over the past 11 years, we estimate that $51,280 will be lost in annual revenue until growers decide to put their properties back into vineyard or orchard production.
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment A: Ordinance Amending Chapter 36 of the Sonoma County Code
Attachment B: CEQA Notice of Exemption
Related Items “On File” with the Clerk of the Board:
N/A