Chapter 24- Right to Farm Regulations
24.010 Definitions.
24.020 Findings.
24.030 Purpose and intent.
24.040 Nuisance.
24.050 Disclosure.
24.060 Notification.
24.070 Severability.
24.010 Definitions.
“Agricultural land” means land designated in the Land Use Element of the Mono County General Plan as “Agricultural,” regardless of the minimum acreage associated with the designation.
“Agricultural activity, operation, or facility or appurtenances thereof” (herein collectively referred to as “agricultural operations”) means and includes, but is not limited to the cultivation and tillage of the soil, dairying, the production cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture, aquaculture, the raising of livestock, fur-bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with those farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market.
24.020 Findings.
The Board of Supervisors finds that it is in the public’s interest to preserve and protect agricultural land and agricultural operations within Mono County. The Board of Supervisors also finds that when nonagricultural land uses occur in or near agricultural areas, agricultural operations frequently become the subjects of nuisance complaints due to the lack of information about such operations. Such actions discourage investments in farm improvements to the detriment of agricultural uses and the viability of the county’s agricultural industry as a whole.
24.030 Purpose and intent.
The purposes of this chapter are to protect agricultural operations on land designated as Agricultural from conflicts with adjacent or nearby non-agricultural land uses, to support and encourage continued agricultural operations in the county, and to forewarn prospective purchasers of property located adjacent to or near agricultural operations of the inherent attributes of such purchase including, but not limited to, the sounds, odors, dust and chemicals that may accompany agricultural operations so that such purchasers and residents will understand the inconveniences that accompany living near agricultural operations and be prepared to accept those inconveniences as the natural result of living in or near agricultural lands.
This chapter is not to be construed as in any way modifying or abridging State law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Water Code, or any other applicable provision of State law relative to nuisance.
24.040 Nuisance.
No agricultural operation conducted or maintained for commercial purposes and in a manner consistent with proper and accepted standards within the agricultural industry as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began.
24.050 Disclosure.
- Mono County recognizes the statewide policy to protect and encourage agriculture. Sections 3482.5 and 3482.6 of the California Civil Code and Section 24.040 of the Mono County General Plan protect certain preexisting agricultural production and processing operations (“agricultural operations”) from nuisance claims. If your property is near a protected agricultural operation, you may be subject to certain inconveniences and/or discomforts that are protected by law. In order for the agricultural operation to be protected, the following requirements of Civil Code Sections 3482.5 and 3482.6 must be satisfied:
- The agricultural operation must be conducted or maintained for commercial purposes;
- The agricultural operation must be conducted or maintained in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality;
- The agricultural operation must predate the affected use(s) on your property;
- The agricultural operation must have been in existence for more than three years; and
- The agricultural operation must not have been a nuisance at the time it began.
- If your property is near an agricultural operation in the unincorporated area of the county, which satisfies the above requirements, you may at times be subject to inconvenience and/or discomfort arising from that operation. Such inconvenience may include (depending upon the type of agricultural operation protected), but is not necessarily limited to, the following: noise, odors, fumes, dust, legal pesticide use, fertilizers, smoke, insects, farm personnel and truck traffic, visual impacts, nighttime lighting, operation of machinery and the storage, warehousing and processing of agricultural products or other inconveniences or discomforts associated with the protected agricultural operations. For additional information pertaining to this disclosure and the county Right to Farm standards as set forth in the county General Plan, or concerns with an agricultural operation, please contact the Mono County Agricultural Commissioner’s office.
- This disclosure statement is given for informational purposes only and nothing in this chapter or in the disclosure statement shall prevent anyone from complaining to any appropriate agency or taking any other available remedy concerning any unlawful or improper agricultural practice.
- The disclosure statement set forth above shall be used as described in Section 24.060.
24.060 Notification.
Upon any transfer of real property located in the unincorporated area of the county by sale, exchange, installment land sale contract (as defined in Civil Code Section 2985), lease with an option to purchase, any other option to purchase, ground lease coupled with improvements, residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units, or resale transaction for a manufactured home (as defined in Health and Safety Code Section 18007) or a mobile home (as defined in Health and Safety Code Section 18008), which manufactured home or mobile home is classified as personal property and intended for use as a residence, the transferor shall deliver to the prospective transferee the written disclosure statement required by this chapter. The disclosure statement shall be delivered in the manner set forth in Civil Code Sections 1102.2 and 1102.10. Exceptions to the applicability of this section are set forth in Civil Code Section 1102.2. The written disclosure shall be set forth in, and shall be made on a copy of, the following disclosure form:
LOCAL OPTION
REAL ESTATE TRANSFER DISCLOSURE STATEMENT
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF MONO, STATE OF CALIFORNIA, DESCRIBED AS ___________________________. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE PROPERTY IN COMPLIANCE WITH CHAPTER 24 OF THE MONO COUNTY GENERAL PLAN AS OF _____________, 2006. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPALS(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.
I.
SELLER’S INFORMATION
The Seller discloses the following formation with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.
THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE COUNTY OF MONO, AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S) IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.
“The County of Mono recognizes the statewide policy to protect and encourage agriculture. Sections 3482.5 and 3482.6 of the California Civil Code and Section 24.040 of the Mono County General Plan protect certain preexisting agricultural production and processing operations (“agricultural operations”) from nuisance claims. If your property is near a protected agricultural operation, you may be subject to certain inconveniences and/or discomforts that are protected by law. In order for the agricultural operation to be protected, the following requirements of Civil Code Sections 3482.5 and 3482.6 must be satisfied:
- The agricultural operation must be conducted or maintained for commercial purposes;
- The agricultural operation must be conducted or maintained in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality;
- The agricultural operation must predate the affected use(s) on your property;
- The agricultural operation must have been in existence for more than three years; and
- The agricultural operation must not have been a nuisance at the time it began.
If your property is near an agricultural operation in the unincorporated area of the county, which satisfies the above requirements, you may at times be subject to inconvenience and/or discomfort arising from that operation. Such inconvenience may include (depending upon the type of agricultural operation protected), but is not necessarily limited to, the following: noise, odors, fumes, dust, legal pesticide use, fertilizers, smoke, insects, farm personnel and truck traffic, visual impacts, nighttime lighting, operation of machinery and the storage, warehousing and processing of agricultural products or other inconveniences or discomforts associated with the protected agricultural operations. For additional information pertaining to this disclosure and the county Right to Farm standards as set forth in the county General Plan, or concerns with an agricultural operation, please contact the Mono County Agricultural Commissioner’s office.”
Seller _________________________ Date
Seller _________________________ Date
II.
BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.
Seller __________________ Date _____________ Buyer ____________________
Date ______
Seller __________________ Date _____________ Buyer ____________________
Date ______
Agent (Broker Representing Seller) ______________________
(by)______________________ (Associate Licensee or Broker signature)
Date ______
Agent (Broker Obtaining the Offer) _______________________
(by) ____________________ (Associate Licensee or Broker signature)
Date ______
A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
24.070 Severability.
If any section or provision of this chapter or the application thereof to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other section or application of this chapter that can be given effect without the invalid or unconstitutional provision or application.
