The following is a list of regulations that apply specifically to farming in the unincorporated areas of San Diego County:
The Zoning Ordinance was adopted by the Board of Supervisors to regulate land uses in the unincorporated (non-city) portions of the County of San Diego. The unincorporated area is divided into zones according to the present and potential uses of the land. By zoning land, citizens insure that new growth and development will take place according to an orderly plan.
Following are Sections of the Zoning Ordinance that may be useful to the farming community:
Grading and Clearing Ordinance
The County has appointed an Agricultural Permit Coordinator to facilitate the filing and processing of applications for agricultural grading plans, improvement plans, and clearing and grading permits. The Agricultural Permit Coordinator helps farmers with interpreting the Grading and Clearing Ordinance, specifically, Section 87.111 Agricultural Grading Permit Or Clearing Permit, Section 87.205 Agricultural Grading, and Section 87.506 Agricultural Clearing. More information is available in a guidance document.
Agricultural Permit Coordinator Contact Information:
Ashley Gungle, Land Use/Environmental Planner
Department of Planning and Land Use
Email: Ashley.Gungle@sdcounty.ca.gov
Phone: (858) 495-5375
Fax: (858) 694-3373
The purposes of this Ordinance are to protect the health, safety and general welfare of County of San Diego residents; to protect water resources and to improve water quality; to cause the use of management practices by the County and its citizens that will reduce the adverse effects of polluted runoff discharges on waters of the state; to secure benefits from the use of stormwater as a resource; and to ensure the County is compliant with applicable state and federal law. The Ordinance seeks to promote these purposes by:
- Prohibiting polluted non-stormwater discharges to the stormwater conveyance system;
- Establishing minimum requirements for stormwater management, including source control requirements, to prevent and reduce pollution;
- Establishing requirements for development project site design, to reduce stormwater pollution and erosion;
- Establishing requirements for the management of stormwater flows from development projects, both to prevent erosion and to protect and enhance existing water-dependent habitats;
- Establishing standards for the use of off-site facilities for stormwater management to supplement on-site practices at new development sites; and
- Establishing notice procedures and standards for adjusting stormwater and nonstormwater management requirements where necessary.
The County of San Diego has prepared a number of guidance documents to assist the farming community, which can be found on the County's Agricultural Water Quality website. In addition, the EPA's site on Managing Nonpoint Source Pollution from Agriculture and UC Davis' site on Management Options for Nonpoint Source Pollution for Greenhouse and Container Crop Industries, may be useful.
(San Diego County Code of Regulatory Ordinances, Title 6, Division 3, Chapter 4, Sections 63.401 and 63.402)
This Ordinance defines and limits the circumstances under which agricultural enterprises activities, operations, and facilities constitutes a nuisance. It also recognizes that the commercial agricultural industry in the County of San Diego is a significant element of the County's economy and a valuable open space/greenbelt resource for San Diego County residents and that agricultural operations are located throughout the unincorporated area and are predominately family operations conducted on smaller parcels. To further this purpose, it is the intent of this Ordinance to recognize that conflicts can occur between agriculture and certain other land uses; and to provide a procedure which will enhance the County's ability to identify and evaluate the potential conflicts between a land use proposal and an agricultural enterprise when the land use proposal is adjacent to, or in close proximity of, an agricultural enterprise. Finally, it is the objective of this Ordinance to require owners to notify prospective purchasers of property of the inherent potential conditions associated with agricultural operations found throughout the unincorporated area. Conditions associated with agriculture include, but are not limited to, noise, odors, dust, insects, rodents, and chemicals. This ordinance is not to be construed to in any way modify or abridge the State law set out in California Civil Code, Section 3482.5, relative to agricultural nuisances.
(San Diego County Code of Regulatory Ordinances, Title 6, Division 7, Chapter 4, Sections 67.401 and 67.449)
It is the purpose of this Chapter to provide for the construction, repair and reconstruction of wells to the end that the ground water of this County will not be polluted or contaminated and that water obtained from such wells will be suitable for the purpose for which used and will not jeopardize the health, safety or welfare of the people of this County, and for the destruction of abandoned wells or wells found to be public nuisances to the end that such wells will not cause pollution or contamination of ground water or otherwise jeopardize the health, safety or welfare of the people of this County. More information is available in a guidance document.
If you store pesticides or other hazardous materials in excess of 55 gallons of liquid, 500 pounds of solid, or 200 cubic feet of gas or have on hand extremely hazardous chemicals above the threshold quantity, you must register with the Hazardous Materials Inventory Program.
On December 6, 2005 (10), the Board of Supervisors, on the recommendation of Supervisor Jacob, directed a review of ordinances and regulations on the use of cargo containers, specifically in residential areas, to determine ways to guarantee compatibility with surrounding land uses and the community's character. The Board noted that over the past several years, complaints to the Department of Planning and Land Use (DPLU) have been increasing as cargo containers are being located on private property without building permits and without regard to their physical appearance or impact to surrounding neighborhoods.
On April 18, 2007 (1), on motion of Supervisor Jacob, seconded by Supervisor Cox, the Board adopted Ordinance No. 9844 (N.S.) entitled: An Ordinance Amending the San Diego County Zoning Ordinance to Define and Regulate Cargo Containers, with an amendment to Section 6162a.7.(i) of the Ordinance to read, "A cargo container shall only be allowed if it is not visible from any roadway that runs along the parcel"
Section 6162(b) establishes regulations for cargo containers when used for agricultural purposes. A copy of the department implementation policy can be downloaded by clicking here. Any questions can be directed to Dag Bunnemeyer, Planning Manager/Zoning, at (858) 694-2581.
More information on other types of agricultural storage is available in a guidance document.
Last updated: August 2010
