To: Board of Supervisors
Department or Agency Name(s): Department of Agriculture/Weights & Measures
Staff Name and Phone Number: Sue Ostrom 565-2371
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Industrial Hemp Ordinance
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Recommended Action:
Recommended action
Adopt an Ordinance amending Chapter 1 (General Provisions), Chapter 26 (Zoning Code), and Chapter 37 (Industrial Hemp Ordinance) of the Sonoma County Code to regulate industrial hemp cultivation and make other minor amendments. (Second Reading).
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Executive Summary:
This item is to adopt an ordinance amending Chapter 37 of the Sonoma County Code that establishes a local registration for industrial hemp cultivation and includes zoning restrictions on industrial hemp cultivation, enforcement provisions to prevent illegal cannabis cultivation, and measures to ensure crop compatibility by managing pollen dispersal. Additionally, the ordinance makes clarifying changes to Chapter 26 related to industrial hemp cultivation, processing and extraction. The Board introduced the proposed ordinance on January 6, 2020.
On April 2, 2019, the Board of Supervisors established a moratorium on industrial hemp cultivation in Sonoma County and directed the Department of Agriculture/Weights & Measures (Department) to develop local regulations for the cultivation of industrial hemp. The moratorium will sunset on April 30, 2020, at which point the currently proposed ordinance would go into effect.
Discussion:
On November 21, 2019, the Sonoma County Planning Commission held a public hearing on proposed zoning code amendments that included recommendations for zoning restrictions on the cultivation of industrial hemp and clarifying changes to the zoning code related to post-harvest handling activities and processing. The Planning Commission voted to recommend approval of all of the Agricultural Commissioner’s recommended amendments to Chapter 26 of the Sonoma County Code to the Board of Supervisors. On January 6, 2020, the Board conducted a public hearing and approved resolutions introducing, reading the title, and waiving further reading of the proposed changes, adopted a resolution to set fees to recover the reasonable cost of providing services related to industrial hemp registrations and adopted a resolution authorizing a budgetary adjustment of $41,262 of General Fund contingencies to finance County Counsel costs related to the development of the Industrial Hemp ordinance and related activities.
Industrial Hemp Ordinance
Industrial Hemp Land Use Compatibility by Zoning District
As an agricultural crop, industrial hemp cultivation would be allowed by right anywhere in the county where agriculture is allowed. Industrial hemp’s similarity to cannabis including odor, raises concern related to compatibility with residential neighborhoods.
The Board gave direction to follow the Planning Commission’s recommendation to disallow the cultivation of industrial hemp in Rural Residential zoning; allow cultivation in Agricultural and Residential zoning with mandatory setbacks of 600 feet from occupied structures and 200 feet from all property lines, which could be waived by neighbors; allow cultivation in Resources and Rural Development zoning with a prohibition on tree removal and grading; and allow cultivation in Land Intensive Agriculture, Land Extensive Agriculture, and Diverse Agriculture zonings with no further restriction. All hemp cultivation requires local registration.
Pollen Drift and Fraud Mitigation
Additionally, the Board supported requirements that farmers manage pollen drift from male industrial hemp plants and special enforcement provisions to ensure the industrial hemp program is not used to hide unpermitted cannabis cultivation.
Agricultural Processing
The Board supported changes to the definition of agricultural processing to clarify the allowance for on-farm extraction of oil from industrial hemp, which is allowed in Agriculture and Residential, Land Intensive Agriculture, Land Extensive Agriculture, Diverse Agriculture, Resources and Rural Development, Commercial Rural, Agricultural Services, Industrial Park, Limited Urban Industrial, Heavy Industrial, and Limited Rural Industrial zonings.
Review of Ordinance
The Board gave direction to staff to communicate progress in terms of registrations received and to return in one year for a review.
Prior Board Actions:
1/6/2020 adoption of a resolution introducing, reading the title, and waiving future reading of an Ordinance amending Chapter1, Chapter 26, and Chapter 37 of the Sonoma County Code; adoption of a resolution to set fees; and adoption of a resolution authorizing a budgetary adjustment of $41,262 of General Fund contingencies to finance County Counsel costs related to the development of the Industrial Hemp ordinance and related activities.
4/2/2019 adopted Chapter 37 of the Sonoma County Code
Fiscal Summary
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Narrative Explanation of Staffing Impacts (If Required):
Attachments:
Industrial Hemp Ordinance
Industrial Hemp Ordinance Exhibit A Chapter 26
Industrial Hemp Ordinance Exhibit B Chapter 37
Related Items “On File” with the Clerk of the Board: