The URL can be used to link to this page

Home My WebLink AboutR99-003 right to farm and ranchCommissioner �jjAO moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. - A RESOLUTION ESTABLISHING A "RIGHT TO FARM AND RANCH" POLICY WHEREAS, Eagle County has a rich history of ranching, farming, and other agricultural activities and operations, which history continues to the present; and WHEREAS, ranching, farming, and other agricultural activities and operations provide a broad, diverse, and valuable economic base to Eagle County, demonstrated not only in the total revenues generated from the sale of agricultural products, but also in the numbers of, and sales generated by, related businesses; and WHEREAS, ranching, farming, and other agricultural activities and operations in Eagle County have long been the landscape maintenance system which defines the rural character of Eagle County, creating and maintaining a working, productive landscape which can be operated in a low- impact and sustainable fashion; and WHEREAS, ranching, farming and other agricultural activities and operations in Eagle County sustain and protect the important wildlife, natural, scenic, and open space qualities of Eagle County; and WHEREAS, ranching, farming and other agricultural activities and operations in Eagle County, by protecting open space and natural qualities and through embodying the Western character and spirit of the County, add to the tourism experience of our visitors as well as the quality of life of our residents, urban and rural alike; and WHEREAS, supporting and perpetuating ranching, farming and other agricultural activities in Eagle County preserves its history and creates a legacy for future residents of and visitors to Eagle Count_ and WHEREAS, it is desirable to educate the public and non- agricultural residents and visitors to Eagle County about the existence, validity, and importance of the County's agricultural operations and activities; and WHEREAS, the Board of County Commissioners (the "Board ") pursuant to C.R.S. §30- 11- 107(1)(bb), has the power to provide for the preservation of cultural, historic, and architectural history within the County; and WHEREAS, the Board, pursuant to C.R.S. § 29- 20- 104(1)(c), (g) & (h), has the authority to plan for and regulate the use of land by preserving areas of historical importance, regulating the use of land on the basis of its impact on the community or surrounding areas, and otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights; and WHEREAS, pursuant to Article 3.5, Title 35, C.R.S., it is the declared policy of the State of Colorado to conserve, protect and encourage the development and improvement of its agricultural land for the production of food and other agricultural products; and further that the general assembly recognizes that when nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits; and further that a number of agricultural operations are forced to cease operations and many others are discouraged from making investments in farm improvements; and that it is the purpose of the Article to reduce the loss to the State of Colorado of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance; and WHEREAS, pursuant to C.R.S. § 35 -3.5- 102(1), an agricultural operation is not, nor shall it become, a public or private 2 - t nuisance by any changed conditions in or about the locality of such operation after it has been in operation for more than one year, provided that it was not a nuisance at the time the operation began, and also provided that it is not a negligent operation and that a change in operation or substantial increase in size of operation does rot result in a private or public nuisance; and WHEREAS, the Board has determined that it is desirable and beneficial to the citizens of Eagle County to establish and adopt by resolution a Right to Farm and Ranch Policy involving the elements of protection of agricultural operations, education of property owners and the public; and WHEREAS, the establishment and adoption of such a Right to Farm and Ranch Policy would serve and promote the public health, safety, welfare, and morals of the citizens of Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 1. Policy Statement It is the policy of the Board of County Commissioners of Eagle County: THAT, ranching, farming, and all manner of agricultural activities and operations within and throughout Eagle County are integral elements of and necessary for the continued vitality of the County's history, economy, landscape, lifestyle and culture. THAT, ranching, farming, and all manner of agricultural activities and operations within and throughout Eagle County shall not be considered by the Board to be nuisances so long as operated in conformance with the law and in a non - negligent manner. THAT, through present and future study, consideration, and adoption of land use, cultural preservation, "right to farm," or other County resolutions, ordinances, regulations, plans, reports, or policies, the Board shall attempt and aspire to: a. conserve, enhance, and encourage ranching, farming, and all manner of agricultural activities and operations within and throughout Eagle County; 3 b. minimize potential conflicts between agricultural and nonagricultural users of land in the County; C. educate new rural residents and long -time agricultural operators alike to their rights and obligations relating to agricultural actirities; and d. integrate planning efforts to provide for the retention of traditional and prime agricultural lands in agricultural productions as well as the opportunity for reasonable residential and other development. 2. Public Education and Information The Board, with the primary assistance of the CSU Extension Office and through the use of County staff as needed, shall support efforts to educate and inform the public of the Right to Farm and Ranch Policy and what it means to live in a community with farming and ranching. Such efforts shall include dissemination of written information and oral presentations to community associations and organizations and schools; providing information at the Eagle County Fair; preparation and distribution of press releases relating to the Right to Farm and Ranch Policy; sponsoring tours and other events; creating, publishing and distributing a guide to rural living; and other similar activities. Education should address the following: a. Colorado is a "Right to Farm" State pursuant to C.R.S. § 35 -3.5 -101 et sea Landowners, residents and visitors must be prepared to.accept the activities, sights, sounds, and smells of Eagle County's agricultural operations as a normal and necessary aspect of living in a county with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds, and smells only as inconvenience, eyesore, noise, and odor. However, State law and.County policy provide that ranching, farming, or other agricultural activities and operations within Eagle County shall not be considered to be nuisances so long as operated in conformance with the law and in a non- negligent manner. Therefore, all must be prepared to encounter noises, odors, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of n u chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of legal and non - negligent agricultural operations. b. In addition, all owners of land, whether ranch or residence, have obligations under State law and County regulation with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. THAT the Board finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State f Colorado, at its regular meeting held the 4/7 � day of ��f 6 1999. E u:LF oC ({�`� co W K ATTEST: * � t �oaon av COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Y: Clerk to t e Board of es E. son, Jr County Commissioners hairman George A. Gates Commissioner Johnnette Phillips Commissioner 5 Commissioner seconded adoption of the foregoing resolution. Ae roll having been called, the vote was as follows: Commissioner James E. Johnson, Jr. 9.V4 Commissioner George A. Gates I Commissioner Johnnette Phillips 4, This Resolution passed by ( 3 �(D vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \farm.res ri