Agriculture Department to Present “Industrial Hemp” Ord to BOS
Cris Alarcon, News@InEDC.com
(PLACERVILLE, CALIFORNIA) Sept 26, 2022 — Agriculture Department presenting the Ordinance to amend Title 130 of the County Zoning Ordinance to enact regulations for the cultivation of industrial hemp pursuant to the Industrial Hemp Pilot Program Concept for review and comment to forward to a public hearing at Planning Commission on October 13, 2022. Recommendations will be forwarded to the Board for consideration at the second reading and final adoption hearing at the Board of Supervisors on October 25, 2022.
Meeting Information:
9/29/2022 6:00 PM
Agricultural Commission
Two year Pilot Program.
Program Summary:
The ordinance would adopt an Industrial Hemp Pilot Program regarding the cultivation of industrial hemp. The program would be for two years and consist of five or less licensed cultivators. The license will be issued for a one-year period. The identified parcel(s) used for industrial hemp cultivation are limited to Planned Agriculture (PA), Limited Agriculture (LA), Agricultural Grazing (AG), Rural Lands (RL) and Residential Estate (RE). There is a twenty (20) acre minimum parcel size for RL and RE zoned properties.
There will be a county application process and the applicant must also submit a completed state Industrial Hemp Registration Application for Growers and include fees for both.
The ordinance includes setbacks from the property line for industrial hemp grown next to a residential parcel, adjacent existing permanent agricultural crops, and for adjacent sensitive uses. RE and RL parcels must have the industrial hemp be a minimum of 200 feet from the adjacent property line. The ordinance defines what “Sensitive Uses” are, includes cultivation requirements, who will conduct inspections, and how enforcement will be conducted.
DRAFT: The Board of Supervisors finds and determines that amendments to Title 130 are necessary to update the El Dorado County Ordinance Code to amend the Matrix of Allowed Uses in Article 2 (Zones, Allowed Uses, and Zoning Standards) to identify the zones where the cultivation of industrial hemp is allowed, subject to an Industrial Hemp license issued under Chapter 130.43 of this Title. See MATRIX PDF
Section 130.43.109 No Duty to Enforce
Nothing in this Chapter shall be construed as imposing on the Agricultural Commissioner, the Sheriff, the District Attorney, or any officer or employee of the County to enforce any provision of this Chapter or to take any action regarding alleged violations of this Chapter. Furthermore, the Agricultural Commissioner, Sheriff, District Attorney, County, and any of their officers or employees shall not be held liable for failure to abate any violation of this Chapter, to prosecute a violation of this Chapter, or to take any other action regarding any violation of this Chapter.
Section 130.43.110 No Licenses Issued on or After January 1, 2025
A. Notwithstanding any other provision of this Chapter, the Agricultural Commissioner shall not issue any license for the cultivation of industrial hemp on or after January 1, 2025, unless that date is later extended by the Board of Supervisors.
B. Effective January 1, 2025, a person or entity shall not cultivate, process, or manufacture, industrial hemp for any purpose within the unincorporated areas of the County of El Dorado, except that a licensee who was issued a license and registration before January 1, 2025, may finish cultivation activities consistent with the terms of that license and registration. Effective January 1, 2025, the Agricultural Commissioner, and any other County official or employee, shall not issue any County permit, registration, or approval of any type to authorize the cultivation or processing of industrial hemp for any purpose within the unincorporated areas of the County. The prohibition shall supersede the provisions of the Section 130.30.290 (Right to Farm) and another provision of the County Code to the contrary. A violation of this Subsection is a misdemeanor and is subject to enforcement under Section 130.43.107 (Enforcement).
Section 130.43.101 License Requirements
A. License Required. A person shall not cultivate industrial hemp for any purpose in the unincorporated area of the County unless that person first obtains a license issued by the Agricultural Commissioner and satisfies all requirements of this Chapter.
1. A license issued under this Chapter does not grant any entitlement or interest in real property, does not create any interest of value, and it does not run with the land.
2. A licensee shall not transfer ownership or control of the license to another Person as the license is non-transferable and automatically terminates upon transfer of ownership. Any attempt to transfer ownership shall cause the license to be automatically revoked.
3. No license will be issued to carry out the activities of a hemp breeder or an established agricultural research institution.
B. Application Requirements. In order to obtain a license to cultivate industrial hemp for commercial purpose, the applicant shall meet all of the following requirements:
1. The person submits an application for a license to cultivate industrial hemp to the Agricultural Commissioner on a form provided by the Agricultural Commissioner. An applicant may submit a single application for multiple parcels if the parcels are contiguous and either owned by the applicant or the applicant provides proof of consent from the record title holder of the land consistent with Subsection B.3, below. The application form shall include a statement that the applicant consents to inspections consistent with Section 130.43.106 (Inspections) and to abatement consistent with abatement and destruction consistent with Section 130.43.107 (Enforcement) and Section 130.43.108 (Destruction).
2. The applicant submits, along with the application, a completed Industrial Hemp Registration Application for Growers on the form developed by the California Department of Food and Agriculture to the Agricultural Commissioner and satisfies all relevant state and federal requirements to obtain a registration to cultivate industrial hemp, including completion of a criminal history report.
3. The applicant is the record title holder of the land upon which hemp is to be cultivated. If the applicant is not the record title owner of the parcel, the applicant must provide proof of written consent of the owner of the parcel with original signature and notary acknowledgement. The written consent must be notarized within thirty (30) calendar days of the date that the application is submitted to the Agricultural Commissioner. The written consent shall also include consent to inspections consistent with Section 130.43.106 (Inspections) and to abatement consistent with abatement and destruction consistent with Section 130.43.107 (Enforcement) and Section 130.43.107 (Destruction).
4. Each parcel for which a license application is submitted must be located in one of the following:
Planned Agricultural (PA),
Limited Agricultural (LA),
Agricultural Grazing (AG),
Residential Estate (RE), and
Rural Lands (RL).
If the parcel is located on Residential Estate (RE) or Rural Lands (RL), then the parcel must a minimum of 20 acres in size. If more than one parcel is under common ownership of the applicant, they can be considered together to meet the minimum acreage limit.
5. The applicant shall provide proof adequate to the Agricultural Commissioner that the cultivation of the industrial hemp will comply with the setback requirements in Subsection 130.43.107. I (Setbacks).
6. The applicant shall confirm that the proposed cultivation of industrial hemp will not occur on a premise that is being used for the commercial cultivation or processing of cannabis, consistent with Food and Agricultural Code section 81006(c), as that section now reads or may thereafter be amended, and that the proposed cultivation of industrial hemp will not occur on a parcel or parcels that are being used for commercial cannabis activity pursuant to Chapter 130.41 (Commercial Cannabis).
7. The applicant shall include a site plan that shows the entire parcel or parcels used for cultivation and the location and area for cultivation and set backs, as applicable. The site plan shall include the following:
a. A legal description, Global Positioning System coordinates, size, and map of the cultivation site, consistent with 3 CCR 4901(a)(2)(D), as that now reads or may thereafter be amended.
b. Any easements on the property, streams, ponds, or other surface water features.
c. All areas of ground disturbances or surface water disturbance associated with cultivation activities, if any.
d. Identify any areas where hemp will be stored, handled, or displayed.
e. A detailed diagram of the parcel or parcels used for cultivation, including any buildings, structures, fences, gates, parking, lighting, and signage.
8. If pesticides are to be used, the applicant must obtain an Operator Identification Number or Restricted Materials permit from the Agricultural Commissioner.
9. The applicant shall identify all legal water sources used for cultivation activities.
10. The application includes name and contact information of a Designated Local Contact, consistent with Section 130.43.103 (Designated Local Contact).
11. Each license shall expire one year from the date of its issuance.
C. Review of Application. The Agricultural Commissioner shall review any application submitted and shall approve the license if the applicant meets all of the requirements of this chapter. The Agricultural Commissioner shall deny a license if the Agricultural Commissioner concludes that:
1. The application is based on inaccurate or incomplete information
2. The application has failed to pay any required application fees in full, including any past due fees or penalties imposed on the applicant that are related to the cultivation of hemp or the cultivation of commercial cannabis.
3. The Agricultural Commissioner denied the applicant a registration to cultivate industrial hemp because that applicant does not meet applicable state requirements. This includes if the applicant, registrant, or key participant is found to have a disqualifying conviction.
4. The applicant, or a key participant of the application, is ineligible under Subsection 130.43.107.E (Suspension for Repeat Violations).
5. There are currently five active licenses issued to cultivate industrial hemp and the application is not for a renewal of an existing license.
D. Denial of Application. If the Agricultural Commissioner denies the application, the Agricultural Commissioner shall provide the applicant a written statement indicating the reason for the denial. The Agricultural Commissioner’s decision on denial is final and unappealable administratively. The applicant may submit a revised application that addresses the deficiencies identified by the Agricultural Commissioner.
E. Issuance of License. The Agricultural Commissioner shall issue a license concurrent with issuance of a registration whenever possible so that the terms may run concurrent with each. The Agricultural Commissioner shall have the review authority of original jurisdiction for licenses issued under this Chapter, and the procedure shall be stafflevel without public notice.
F. Renewal of License. A licensee shall submit an application for renewal of their license no later than sixty (60) days before the license expires and shall include in that application all information required by Subsection B (Application Requirements) above. The Agricultural Commissioner shall review that application consistent with Subsection C (Review of Application) above. If the licensee fails to request a renewal within the sixty (60) day period described by this Subsection, then the Agricultural Commissioner shall treat that application as a new license that is subject to the cap and waiting lists imposed by Section 130.43.102 (Cap on Licenses Issued).
G. Application Fees. Each applicant for an initial application, or for the renewal of an application, shall pay an initial deposit in the amount of one-thousand and five hundred ($1,500) for the actual cost of the Agricultural Commissioner for processing of the application, inspections, abatement, and related costs to administer this Chapter. That deposit will be kept in a County account and is available to the Agricultural Commissioner to recover the actual costs to administer this Chapter, as described in the previous sentence. The Agricultural Commissioner shall provide the applicant or licensee, as applicable, with a billing statement identifying the remaining deposit account or the amount due if deposited funds are exhausted. If deposited funds are exhausted, the billing statement shall require the applicant or licensee the amount owed and that amount shall be paid within thirty (30) days as specified in Board of Supervisors Policy B-4. If, at the end of the licensure period, there are amounts remaining in the account, the remaining balance shall be returned to the applicant or licensee
Section 130.43.102 Cap on Licenses Issued
A. Cap. The Agricultural Commissioner shall not issue more than 5 licenses to cultivate industrial hemp at any given time. The Agricultural Commissioner shall review applications on a first-come, first-serve basis, except that the Agricultural Commissioner shall review an application for a renewal that was submitted within the time period required by Subsection 130.43.101.E (Renewal of License) as it is submitted.
B. Waiting List. The Agricultural Commissioner shall maintain a waiting list if the Commissioner receives an application after the cap in Subsection B above is met. The Agricultural Commissioner shall notify a prospective applicant on the waiting list if the number of active licenses have declined below. The prospective applicant shall have no more than forty-five (45) days to complete an application, after which the position on the waiting list shall no longer be held and the Agricultural Commissioner will notify the next prospective applicant on the waiting list. A person shall not appear on the waiting list if they are ineligible under Subsection 130.43.107.E (Suspension for Repeat Violations).
MORE DETAIL: https://eldorado.legistar.com/View.ashx?M=F&ID=11261534&GUID=5FE8AB21-25A9-442B-9D40-287BFEDB95F0
Meeting Information:
9/29/2022 6:00 PM
Agricultural Commission
https://edcgov-us.zoom.us/j/81307801415
Special Meeting 330 Fair Lane, Building A Placerville, CA OR Live Streamed – Click here to view