County Planners Urge Passage of Right-to-Farm Ordinance

County planning commissioners laid the groundwork Thursday for the passage of a so-called right-to-farm ordinance.

In a 4-1 vote, commissioners urged the county Board of Supervisors to approve the ordinance that would help growers forestall complaints of residential neighbors. The supervisors are tentatively scheduled to review the ordinance and Planning Commission resolutions July 15.

Proposed by Supervisor Judy Mikels, the ordinance would require home sellers to warn buyers that nearby farm operations are protected against nuisance claims under state and county zoning ordinances.

The ordinance would caution home buyers that they cannot bring nuisance claims regarding farm operations that might be loud or foul-smelling; create dust, fumes, and smoke; attract insects; involve the operation of machinery (including aircraft); or entail potentially harmful chemical fertilizers and pesticides.

The Planning Commission discussed the use of harmful pesticides. Commissioners and citizens expressed the fear that the ordinance might discourage residents and adjacent organic farmers from seeking available legal remedies in the face of the unauthorized spread or overuse of potentially toxic pesticides.

“The language in this ordinance is antagonistic because it is unclear and gives the perception that residents should be prepared to accept pesticides,” said Robert Sears, who runs a 75-year-old organic orange orchard in Ojai.

Though commissioners advocated the passage of the ordinance, they suggested that supervisors clarify that it does not reduce county residents’ and organic growers’ legal protection against dangerous pesticides.

Commissioner Selma Dressler, who proposed some additions to the ordinance, said that “while we understand agriculture is vital to our county, we want to make sure we afford organic farmers and residents protection from pesticide use.”