SUBJECT: BCC P#18A
A RIGHT TO FARM AND RANCH POLICYREVISION DATE: September 3, 1998
REVIEW: Annually - September
CANCELLATION: None
CONTACT: Bob Hamblin, Larimer County Extension
Office
ATTACHMENTS:
None
REVISION LOCATOR:
N/A
PURPOSE: To provide guidance to protect
the viability of agriculture.
POLICY:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY, COLORADO, ESTABLISHED A "RIGHT TO FARM AND
RANCH" POLICY
WHEREAS, the changing nature of land use and demography
in particular parts of, and throughout, Larimer County have increased
the incidence of conflicts between agricultural operators and
visitors to and residents of rural Larimer County, and have begun
to threaten the economic viability of agricultural operations;
and
WHEREAS, examples of such conflicts include, but are not
limited to: harassment of livestock and livestock losses due
to free roaming dogs; trespass by livestock; livestock on highway
and County roads; leaving gates open; fence construction and maintenance;
chemical applications; maintenance of ditches across private property,
storm water management; burning of ditches; complaints about noise,
dust and odor; disposal of dead animals; weeds and pest control;
and trespass; and
WHEREAS, it is desirable to protect agricultural operators
from complaints about legal and non-negligent agricultural operations
and activities; and
WHEREAS, it is desirable to educate the public and non-agricultural
residents and visitors to Larimer County about the existence,
validity, and importance of the County's agricultural operations
and activities; and
WHEREAS, it is desirable that the Board of County Commissioners
provide a forum for the informal and non-binding resolution of
disputes between agricultural operators and non-agricultural residents
and visitors to Larimer County; and
WHEREAS, pursuant to this resolution the Board shall attempt and aspire to:
- conserve, enhance, and encourage ranching, farming, and all manner of agricultural activities and operations within and throughout Larimer County where appropriate:
- minimize potential conflicts between agricultural and nonagricultural users of land in the County;
- educate new rural residents and long-time agricultural operators alike to their rights, responsibilities, and obligations relating to agricultural activities; and
- integrate planning efforts to provide for the retention of traditional and important agricultural lands in agricultural production as well as the opportunity for reasonable residential and other development; 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
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 is conforming with existing state regulations; and
WHEREAS, the Board has determined that it is desirable
and beneficial to the citizens of Larimer 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 resolution of disputes;
and
WHEREAS, the establishment and adoption of such a Right
to Farm and Ranch Policy would serve and promote the public health,
safety, and welfare of the citizens of Larimer County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Larimer County, Colorado, that:
- Policy Statement. It is the policy of the Board of County
Commissioners of Larimer County, as set forth herein that: Ranching,
farming, and all manner of agricultural activities and operations
within and throughout Larimer County are integral elements of
and necessary for the continued vitality of the County's history,
economy, landscape, open space, lifestyle, and culture. Given
their importance to Larimer County, Northern Colorado, and the
State, agricultural lands and operations are worthy of recognition
and protection.
- Colorado is a "Right-to-Farm" State pursuant to
C.R.S 35-3.5-101, et seq. Landowners, residents and visitors
must be prepared to accept the activities, sights, sounds, and
smells of Larimer County's agricultural operations as a normal
and necessary aspect of living in a County with a strong rural
character and a healthy agricultural 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 Larimer 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 chemical fertilizers, soil amendments,
herbicides, and pesticides, and one or more of which may naturally
occur as a part of legal and non-negligent agricultural operations.
- In addition, all owners of land, whether Agricultural Business,
Farm, Ranch or Residence, have obligations under State law and
County regulation with regard to the maintenance of fences, livestock
must be fenced out (open range). Irrigators have the right to
maintain irrigation ditches through established easements
that transports water for their use and said irrigation
ditches are not to be used for the dumping of refuse.. Landowners
are responsible for controlling of weeds, keeping pets under control,
using property in accordance with zoning, and maintenance of resources
of the property wisely ( water, soil, animals, plants,
air, and human resources). Residents and landowners
are encouraged to learn about these rights and responsibilities
and act as good neighbors and citizens of the County.
- Conflicts include, but are not limited to: trespass; harassment
of livestock and livestock losses due to free roaming dogs; trespass
by livestock, livestock on highways, county and private roads;
leaving gates open; fence maintenance; harvest and transportation
of agricultural and silvicultural crops; agricultural and prescribed
burning; complaints of noise, dust, aesthetics, and odor resulting
from production and processing operations; disposal of dead animals;
weed, pest and predator control.
- The Board of County Commissioners shall establish a dispute
resolution procedure with mediators to informally resolve conflicts
that may arise between landowners or residents relating to agricultural
operations or activities.
- When rural residents cannot come to an agreement or understanding about fences, ditches, livestock, or other agricultural issues, this may be the forum used to resolve disputes. Mediators must be knowledgeable, solution oriented, and at least one such mediator in each dispute must be directly involved in agriculture or an agricultural producer must serve in an advisory role to the trained mediator.
- Colorado is a "Right-to-Farm" State pursuant to
C.R.S 35-3.5-101, et seq. Landowners, residents and visitors
must be prepared to accept the activities, sights, sounds, and
smells of Larimer County's agricultural operations as a normal
and necessary aspect of living in a County with a strong rural
character and a healthy agricultural 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 Larimer 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 chemical fertilizers, soil amendments,
herbicides, and pesticides, and one or more of which may naturally
occur as a part of legal and non-negligent agricultural operations.
- Public Education and Information Campaign. The Board, with
the primary assistance of the Colorado State University Cooperative
Extension Larimer County 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.
- People need to be aware that children and adults are exposed
to different hazards in the country than in an urban or suburban
setting. Farm equipment, ponds and irrigation ditches, electrical
power for pumps / center pivot operations and electrical fences,
traffic, use of agricultural chemicals, weeds such as: sand burs,
puncture vines that cause mechanical injury, territorial farm
dogs, and livestock present real threats to children and adults.
Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood.
Open irrigation waters are essential to agriculture and have
legal right of ways that must not be obstructed. Open ditch operations
often result in seepage and spills of storm waters in unpredictable
locations and times.
- Property Owner Notification. The Board shall notify the owners
of land within
the County by the following means:
- This document will be distributed in all possible manners that the budget allows
- Whenever a building permit is issued for new construction in the unincorporated area of Larimer County, the Building Department shall provide owner educational material.
- The board shall initiate amendments to the County subdivision regulations to provide that notification of the Policy and the Policy Statement shall be made at the time of any subdivision or related land use approval and a note to that effect shall appear on any Plat outside municipalities growth areas so approved.
- In addition, the Board shall encourage title companies and real estate brokers county-wide to voluntarily disclose the Policy to purchasers of real property in the County. To that effect, the board shall schedule presentation to the Board of Realtors and other professional organizations to explain the Policy and distribute copies of the policy.
- Larimer County should utilize existing and develop needed intergovernmental agreements with the cities, towns and other governmental agencies to ensure that this resolution is effective in those agricultural areas that are within the limits of Larimer County.
ADOPTED this 3rd day of September, 1998.
BY THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO.
_____________________________
Cheryl Olson, Chair
_____________________________
Frank Lancaster
County Manager
Distribution:
Larimer County Bulletin Board
Signed Original/BCC
Signed Copy/Records Management
DL/rd
