Local Issues

Water Pricing

Grading and Clearing

The need for an agricultural grading or clearing permit is a local regulation determined by incorporated cities or the County. In general, the deciding factors that trigger the need for a permit are environmental (habitat loss, water course impacts, runoff regulations, etc.) or the volume of soil to be moved. There is also common consent that converting from one agricultural crop to another is not likely to trigger the need for a clearing permit as long as farming operations have been relatively continuous. For detailed regulations, check with the local jurisdiction.

In the unincorporated county, the once-popular ag grading exemption was rescinded in 2001 in response to environmental law and has been replaced with an “Agricultural Guideline” process. County staff uses the guidelines to determine what level of permit review will be required and what site-specific requirements or mitigation might be needed for ag grading and clearing permits.

Environmental impacts are the key determining guidelines. Ag grading and clearing applications not meeting the guidelines will require further review and could escalate to a major grading permit. In brief, the guidelines include the following:

Sensitive habitat areas have been addressed.
Grading or clearing will not involve rivers, streams, or lakes.
The land is not within a “Pre-approved Mitigation Area.”
The area does not include a watercourse serving 100 or more acres or a floodplain.
Grading will not be conducted within 500 feet of the sighting of an endangered species.
A groundwater study must accompany applications in groundwater dependent areas.
Less than 200 cubic yards of soil imported or exported from the site.
Less than 40 acres of previously disturbed or 20 acres of undisturbed land will be involved.

For permits issued under the agricultural guidelines, the County requires the applicant to sign a statement that the graded or cleared area will be used for production agriculture for a minimum of five years.

The County’s complete grading ordinance can be seen at www.sdcounty.ca.gov/dplu (click on Process Guidance, then Grading). The County has an assigned Agricultural Permit Coordinator (APC), Jarrett Ramaiya, who can be reached at (858) 694-3015. The APC not only processes permit applications, but also will meet with applicants for a pre-application meeting to discuss the various aspects of the permit process. It is recommended that potential applicants familiarize themselves with the Agricultural Guideline process that will determine the level of permit needed.

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Habitat Preservation

The county of San Diego and the incorporated cities are very active in habitat preservation as they attempt to comply with state and federal endangered species regulations. As the only industry dependent on large tracts of undeveloped land, agriculture can get caught in the vice between the regulations and the regulators. Often referred to as the "Alphabet Soup" of habitat protection, the program acronyms include the MSCP, MHCP, HCPs, CEQA, CESA and ESA.

The issues for farmers when habitat regulations are created comes down to four major areas:

Reasonable regulations that allow for the expansion of agriculture production and the establishment of new farms;
Protection when endangered or listed species move onto agricultural land;
Allowance for conversion from one agricultural crop to another; and
Incentives for farmers who choose to attract and preserve habitat and species on their land.

Several habitat plans have already been adopted in the county. Growers in those areas may want to check with their local planning agency to see what impacts there may be on agricultural expansion. The next plan that will likely impact agriculture will be the North County Subarea Plan of the MSCP, which is slated for development and adoption in 2004-2005. Farm Bureau is heavily engaged in that process. More information about local habitat planning is available by going to www.sdcounty.ca.gov/dplu; click on Environmental Planning and then click on Multiple Species Conservation Program..

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Pest Exclusion

Recent years have seen local quarantines for Exotic Newcastle Disease, Mexican fruit flies, and Sudden Oak Death in San Diego County. These quarantines underscore the need for improved pest exclusion along our borders. As the port of entry for millions of border crossers each year, San Diego County can be the site of serious infestations.

To keep serial quarantines from becoming a way of life and causing immeasurable damage to farmers, Farm Bureau advocates two essential philosophies. First, there must be a mindset at our border crossings that agricultural products being carried into our country, both innocently and criminally, should share equal billing with searches for drugs, weapons, and contraband. Second, detection efforts in our agricultural regions must be increased. Because we are the most likely point of invasion, traps must be set in sufficient numbers to detect the presence of pests before breeding populations can become established.

Growers can help themselves by establishing a few simple biosecurity measures:

Know the source of all agricultural products that come onto your farm.
Be aware of where visitors and equipment have been before they come onto your farm or ranch; and
Educate employees on the potential impacts if they inadvertently are the carriers of animal diseases or if their lunch sacks contain fruit from a source that could harbor exotic pests.

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Runoff Regulations

State and federal laws prohibit the discharge of any pollutants into the stormwater conveyance system, which is defined as any public or private drainage facility that leads to a stream, river, bay, or ocean. Drainage facilities include roads, gutters, ditches, storm drains, pipes, or constructed ditches. In order to make certain that potential dischargers are in compliance with state and federal law, a number of local regulations are in force that include mandates for agriculture. Pollutants are generally defined as any agent introduced to stormwater or non-stormwater through human activity. For agricultural producers pollutants would include fertilizer, chemicals, soil and soil amendments, manure, petroleum products, and green waste.

The bottom line for compliance is the understanding that pollutants must remain on the property of origin. The following are general suggestions to ensure compliance.

Understand the stormwater regulations.
Conduct your own assessment of your facilities and activities.
Implement a self-monitoring program. Learn what is in the water leaving your property and know where the drains on your property go.
Train your employees on stormwater and non-stormwater runoff.
Store your chemicals and other materials in accordance with applicable regulations.
Be prepared to contain a chemical spill.
Make sure containers are securely closed and in good condition.
Keep vehicle wash water on your property.
Maintain vegetation on your property. Vegetation acts as a natural filter while stabilizing soil and reducing sediment damage downstream.
Consider weather conditions and irrigation schedules when applying chemicals.
Consider the characteristics of the pesticides you use.
Do not allow pesticides to drift from the target site.
Manage roads to minimize runoff.
Collect, treat, and recycle runoff when practical.
Protect bare soil from erosion.
Manage manure and green waste.

While all agricultural producers are required to be in compliance with runoff regulations, greenhouses and nurseries have been included in the “High Priority Commercial Facility” classification. This requires the enforcing agencies (the incorporated cities and the County) to pay them particular attention. The County is ensuring compliance through a registration and inspection program for greenhouses and nurseries. The incorporated cities will likely work for compliance through their stormwater officer.

For additional information on runoff management and regulatory requirements, contact the County Supervising Agricultural/Standards Inspector at (858) 694-3122 or your city’s stormwater officer. Information is also available on the County Department of Agriculture’s Web site at www.sdcounty.ca.gov/awm. Click on Agriculture Water Quality.

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Water Pricing

Because of the local dependence on imported water supplies from the Colorado River and Sacramento Delta, San Diego County must endure water prices that are among the highest in the nation. For many local producers, the cost of water can be a substantial portion of the cost of doing business. Agricultural water users in the county have the option of entering into a contractual agreement to accept water supply interruptions during a time of water supply emergency in exchange for a reduced water rate. Should an emergency occur, farmers who participate in the program will experience delivery cutbacks at rates greater than those experienced by municipal and industrial customers.

These programs are offered by the Metropolitan Water District of Southern California and the San Diego County Water Authority and are administered by the local water districts. Growers who believe a reduced water bill is worth the risk of interruption should contact their local water district for more information.

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Local Marketing

Farmers markets operate on a regular basis throughout San Diego County. In order to sell agricultural products at a farmers market, a producer must have an inspection and certification issued by the County Department of Agriculture that assures the public that the market seller produces the products being sold. To schedule an inspection and arrange for registration, call (858) 694-2739.

Each farmers market is independently run. Onsite managers control the markets and decide what items are needed and who can sell. It is suggested that prospective sellers visit the market(s) of their choice and speak with the manager. An updated list of times and market locations is always available at www.sdfarmbureau.org along with the names of the various market managers.

The San Diego County Farm Bureau offers the “San Diego Grown 365” trademark (right) to farmers who want to promote the fact that their products are produced locally. Trademark agreements are available for labeling products and packages as well as point of purchase signs. Call the Farm Bureau office at (760) 745-3023 for more information.

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Trespassing

Rural crime begins with trespassing. Whether the crime involves theft, vandalism or other violations, a person has to enter property illegally to commit the crime.

State law took effect Jan. 1, 2004 that revises the penalty provisions of Section 602.8 of the California Penal Code and increases the penalty for people who trespass on farms and ranches. The law raises the penalty to $75 for a first offense of trespass and to $250 for a second offense. A third or any subsequent offense would constitute a misdemeanor that carries a penalty of imprisonment in the county jail not exceeding six months or a fine of up to $1,000, or both.

For farmers and ranchers to benefit from the law, they must ensure that “No Trespassing” signs are displayed properly. Signs must be displayed at intervals of not less than three signs per mile along all exterior boundaries and at all roads and trails entering the land.

“No Trespassing” signs, in English and Spanish, are available to Farm Bureau members from the San Diego County Farm Bureau office for a nominal fee. “Ranch Watch-No Trespassing” signs are also available to farmers and ranchers participating in a Ranch Watch program (similar to Neighborhood Watch programs).

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Rural Ag Crime Prevention

Agricultural crime continues to be a problem in San Diego County. Through cooperative efforts with the County Sheriff and District Attorney in addition to ongoing improvements in ag crime prevention techniques, apprehension and successful prosecution of ag criminals is on the rise.

Here’s what you can do to prevent ag crime and what to do if you become a victim or a witness to ag crime:

Document your property inventory, including a complete physical description of the equipment, commodity or livestock and any model/serial/identification numbers or tags, and keep this document current. If you are a victim of ag crime, providing law enforcement with a list of stolen items quickly can increase the chances of recovering the items stolen.
Always be on the alert to suspicious activity near farm areas. Slow-moving, unfamiliar or abandoned vehicles, especially at dawn or dusk would be suspect. Watch for unknown individuals, unusual/suspicious noises, signs of human activity such as rock piles, water bottles, clothing draped over fences or brush, or unfamiliar boxes, bags or containers hidden around your property.
Immediately write down every detail surrounding a suspicious activity, especially descriptions of people and vehicles.
Call 9-1-1 to report a theft in progress. Never attempt to halt a crime in progress without the assistance of law enforcement officers. Be ready to provide the critical details: What, who, when, where, as well as the direction of flight.
Report all crimes and thefts. Any suspicious activity or an ag crime that has already occurred should be reported to your local law enforcement non-emergency number. Ag crimes often occur in patterns and your report of a crime could lead to solving other cases.

For more information on preventing ag crime contact the County Sheriff’s Ag Crime Specialist Jackie Cruz at (760) 940-4350.

Becoming an Organic Farmer

Organic farming is one of the fastest growing segments of the farm community. Farmers and handlers seeking to receive or maintain organic certification must comply with the National Organic Farming Act and applicable organic production and handling regulations. Such operations must establish, implement, and annually update an organic production or handling system plan that is submitted to an accredited certifying agent. On-site inspections by the certifying agent with complete access to the production or handling operation is required.

The United States Department of Agriculture maintains a website with all of the organic standards and requirements as well as a listing of the accredited certifying agents at http://www.ams.usda.gov/nop/. Information on organic certification is also available from the County Department of Agriculture at (858) 694-2778.

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