HomeMy WebLinkAbout07-021RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE,
SUPERSEDING AND REPEALING RESOLUTION 00-49, AFFIRMING THE PURPOSE,
AMENDING ADMINISTRATIVE PROCEDURES AND UNIFORM RULES, INCLUDING
COMPATIBLE USES FOR LAND SUBJECT TO LAND CONSERVATION ACT
(WILLIAMSON ACT) CONTRACT
WHEREAS, the Board of Supervisors of the County of Butte, State of California, on
December 5, 1967, established the agricultural preserves pursuant to the Land Conservation
Act of 1965; and
WHEREAS, the Land Conservation Act of 1965 (Williamson Act) requires that uniform
rules be established including compatible uses; and
WHEREAS, the Legislature periodically amends the rules of the program; and
WHEREAS, it is the desire of the Board of Supervisors to update its administrative
procedures and rules applicable for the processing of contracts and agreements regarding all
land subject to Land Conservation Act Contracts; and
WHEREAS, the Board of Supervisors, after conducting a public hearing and having
reviewed the evidence presented at said public hearing, and considering the recommendation of
the Land Conservation Act Advisory Committee, does hereby find it to be in the public interest to
adopt the revised Butte County Administrative Procedures and Uniform Rules for Implementing
the California Land Conservation (Williamson) Act as described herein in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors affirms and
establishes the following purposes for use of the Williamson Act in Butte County:
To conserve land for viable agricultural production and open space; and.
2. Preserve agricultural land and open space lands by discouraging premature and
unnecessary conversion to urban uses; and
3. To create incentives for additional agricultural landowners to participate in and
enjoy the benefits of the Williamson Act program; and
4. To minimize residential conflicts in agricultural preserve areas.
NOW, THEREFORE, IT IS RESOLVED that the Board of Supervisors does hereby
establish regulations governing lands subject to agricultural preserves and land conservation
contracts in accordance with the California Land Conservation Act of 1965, also known as the
Williamson Act, being Chapter 7 (commencing with section 51200) of part 1 of Division 1 of
Chapter 5 of the Government Code, in the unincorporated area of the County of Butte, as set
forth in Exhibit "A" attached hereto and by this reference made a part thereof;
BE IT FURTHER RESOLVED that Resolution No. 00-49 is hereby superseded and
repealed.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 23~d day of
January 2007 by the following vote:
AYES: Supervisors Connelly, Kirk, Josiassen, Yamaguchi and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
~.
JANE DOLA~N, Chair
Board of Supervisors
ATTEST:
PAUL MCINTOSH, Ct~ri~ef Administrative Officer
and Clerk of the~Board o$ Supervisors
~ / ,;-
,/ .
2
EXHIBIT"A"OF RESOLUTION 07-021
OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
Butte County Administrative Procedures and Uniform Rules for
Implementing the California Land Conservation (Williamson) Act
January 23, 2007
Policy, Procedures and Rules Declaration
Butte County's objective in implementing the California Land Conservation Act of 1965
(also referred to in these rules and procedures as the Williamson Act) Chapter 7,
commencing with Section 51200, of Part 1, of Division 1, of Title 5, of the California
Government Code is the promotion of agricultural productivity and the preservation of
agricultural land and open space lands by discouraging premature and unnecessary
conversion to urban uses.
The County's Resolution to implement the Williamson Act provides a common set of
rules and procedures that apply to the standards and categories of property eligibility,
the permitted and compatible land uses and restrictions on Williamson Act contract
lands, procedures for creation and termination of Williamson Act contracts, and
procedures for compliance monitoring and enforcement.
A Williamson Act contract is an agreement entered into voluntarily and with full
knowledge of the benefits and requirements of the Williamson Act, by and between the
property owner and the County, to restrict the use of the land for agricultural, open space
and compatible uses for a minimum term of ten (10) years, in return for a reduction in
property taxes on the land.
RULE 1 GENERAL PROVISIONS
A. Short Chapter Citation. These rules and procedures shall be known
and may be cited as the "Butte County Williamson Act Uniform Rules and
Procedures". In these rules and procedures the terms Land Conservation
Act and Williamson Act are used interchangeably.
B. General Rules for Interpretation. Terms used in these rules and
procedures shall be as defined in Section 51201 of the California
Government Code, or other applicable codes as referenced herein.
Words in the present tense shall include the future; the singular shall
include the plural; the word "shall" is mandatory and not directory.
Whenever reference is made to any portion of these rules and procedures
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 1
or any other ordinance, resolution or law, the reference shall apply to all
amendments and additions now or hereafter made.
C. Regulations. Regulations set forth in this document and the provisions
of the California Land Conservation Act of 1965 as set forth in the
Government Code, must be complied with. In the case of inconsistency
the more restrictive of the two shall apply. The rules and procedures
described and detailed in this document are also referred to herein as
"regulations".
D. Designation of the Lead Department. The Butte County Department of
Development Services, Planning Division shall be the lead County
department for all Williamson Act program management, inclusion
applications, Williamson Act contract non-renewals, and contract
cancellations.
RULE 2 REGULATION OF USES
A. General. Use of land under a Williamson Act contract shall be in
accordance with State Williamson Act regulations, and these policies,
rules and procedures. The determination of consistency of a use with the
Williamson Act does not in itself entitle the landowner to that use. The
proposed use is also subject to all County, State, and federal laws and
regulations. Where there is a conflict between these rules and procedures
and other governmental laws and regulations the more restrictive shall
prevail.
B. Determination of Compatibility of Uses with the Williamson Act.
A use may be allowed on Williamson Act contracted land when the Board
of Supervisors determines the use to be compatible with the Williamson
Act, per the three principles of compatibility in Section 51238.1(a), and
consistent with these rules and procedures. A determination of
compatibility may be made in one of the following ways:
At the request of the Director of the Department of Development
Services, the LCA Committee will convene and assess the
compatibility of a proposed use. The Committee shall make a
determination of compatibility or non-compatibility for the proposed
use with the Williamson Act. For conditional uses, the Committee
may recommend conditions or mitigations that would be required to
make the use compatible with the Williamson Act. Compatibility
determinations of the LCA Committee shall be reported to the Board
of Supervisors as recommendations.
2. A determination of compatibility may be made in one of the following
ways:
a. On a case-by-case basis, the Director of the Department of
Development Services or her/his designee shall review all
requests for an initial determination of compatibility of a use
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 2
with the Williamson Act and these rules and procedures. The
Director's initial determination shall be reported to the LCA
Committee by informational memorandum and agendized for
review. The LCA Committee shall review the Director's
determination and make a recommendation to the Board of
Supervisors.
b. In cases where the Director of Development Services
determines that a compatibility finding is not clear, the Director
shall refer the case directly to the LCA Committee. The
Committee may make a determination of compatibility or non-
compatibility for the proposed application in the form of a
recommendation to the Board of Supervisors.
3. While the LCA Committee makes determinations of compatibility of
uses with the Williamson Act, consideration of land use entitlement
applications, including but not limited to use permits and mining
permits, are the responsibility of the Butte County Planning
Commission. In such cases, the Planning Commission approval is
"conditional", pending a Board of Supervisors determination of the
compatibility of the use with the Williamson Act per Section 51238.1.
In the case of use compatibility determinations related to a land use
entitlement application, the Board's determination is reported to the
Planning Commission by informational memorandum.
RULE 3 QUALIFYING USES ON WILLIAMSON ACT LAND
A. Uses that Qualify as Primary Agricultural Uses. Per Section 51238.1
the Board of Supervisors has determined that the following uses are
compatible with the Williamson Act. The determination that the uses
listed below are compatible with the Williamson Act does not in itself
entitle the landowner to these uses. The uses listed below are also
subject to all County, State, and federal laws and regulations. The more
restrictive regulation, whether Williamson Act or other government code
shall apply. Except as otherwise provided in these rules and procedures,
the following uses qualify as compatible uses on land for inclusion in the
Williamson Act. The LCA Committee shall, on a case by case basis as
necessary, consider and make a recommendation to the Board
concerning whether a proposed use is consistent with uses including but
not limited to the following compatible uses:
1. General farming, ranching, horticulture, commercial
livestock production (including hog ranches, dairies, dairy
and beef cattle feedlots), commercial poultry production,
and similar activities (except as limited by Rule 3.C.
below).
2. Livestock pastures and grazing.
3. Aquaculture facilities.
4. Operation of apiaries.
5. Cultivation of tree, vine, row and field crops.
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 3
6. Growing of ornamental and agricultural nursery stock.
7. Greenhouse structures.
8. Growing of Christmas trees.
9. Prime agricultural lands fallow for not more than three
years out of five.
10. Processing, packing, selling and/or shipping of agricultural
products per Butte County Zoning Code Section 24-9- (b)
(3).
11. Customary agricultural buildings, structures, and
necessary equipment for the maintenance and support of
the uses listed above.
12. One single-family residence or modular home for persons
working in direct support of agricultural production on the
Williamson Act contracted land. One such residence is
allowed on each legally-created parcel within the
contracted lands that conforms to minimum acreage
standards in TABLE ONE of Rule 5.
13. Agricultural Employee Housing facilities (including
manufactured homes) to accommodate only agricultural
employees and their families. This agricultural worker
housing is allowed in the Butte County "Agricultural" zoning
districts only pursuant to zoning code Section 24-90 (a) (5).
14. The drilling for hydrocarbon, including the installation and
use of such equipment, structures, and facilities as are
necessary per Section 51238, so long as these activities
do not interrupt or impair the primary agricultural use or
secondary approved compatible use on the land.
15. Water storage reservoirs and irrigation areas which are
required for the direct support of the agricultural operations
on Williamson Act contracted land. Private recreational
lakes are not compatible uses on Williamson Act land.
B. Accessory Uses to Primary Agricultural Uses. Per Section 51238.1
the Board of Supervisors has determined that the following are
compatible accessory uses, as long as they are incidental, related,
appropriate, and clearly subordinate to the primary agricultural use (as
provided in Rule 3 A) which do not significantly alter or inhibit the primary
use on the land. The accessory uses listed below must also be in
conformance with all County, State, and federal laws and regulations
and may require a use permit. Except as otherwise provided in these
rules and procedures, the following accessary uses qualify as compatible
uses on land for inclusion in Williamson Act. The Director of
Development Services or the LCA Committee (per procedures in Rule 2
B) shall, on a case by case basis as necessary, consider and make a
determination whether a proposed use is consistent with uses including
but not limited to the following compatible uses:
Those uses normally associated with asingle-family residence
use and are in conjunction with or incidental to the residential use,
including but not limited to a garage, workshop, shed, garden,
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 4
private swimming pool, private tennis court, gazebo, spa, etc, and
as amended by zoning code.
2. Warehousing and storage of agricultural products.
3. Accessory buildings and uses pertinent to the commercial
agricultural uses, including facilities to process only the agricultural
commodities.
4. A stand or a display for the sale of agricultural commodities
produced on the premises including the incidental sale of
agricultural products produced off-site.
5. Private airport or aircraft landing facilities which are directly
supportive of the agricultural operations on the Williamson Act
contracted land (example: crop seeding, dusting and fertilizing).
6. Recreational uses not requiring any permanent improvements or
facilities and not interfering materially with agricultural operations.
This includes seasonal hunting and fishing uses with no
permanent facilities, provided that any recreational vehicles and
travel trailers shall be used for occupancy during non-cropping
seasons only.
7. The processing and sale of firewood from orchard operations.
8. Public utility transmission and delivery lines per Section 51238.
9. Animal rendering plants and agricultural waste composting
facilities.
10. Game bird production.
11. Specialized Animal Facilities: are defined as confinement care or
keeping establishments for agricultural and other animals
including but not limited to: husbandry of fur-bearing animal
species; riding academies, accessory equestrian facilities and
large scale horse raising, and kennels. Riding academies,
accessory equestrian facilities and kennels require a use permit
per Butte County Code Section 24-90(c) and/or the determination
of the Director of the Department of Development Services.
Specialized Animal Facilities may not predominate, preclude, or
negatively impact primary qualifying agricultural uses on
Williamson Act-contracted land. When a use permit is required,
the LCA Committee shall make a recommendation to the Board of
Supervisors concerning whether the proposed use is compatible
with the primary use, pursuant to Section 51238.1 and Rule S.D.
The difference between grazing/pasture and feedlot operations is
defined as follows:
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 5
Animal Feedlot: a lot or building or combination of lots and
buildings intended for the confined feeding, breeding, raising, or
holding of animals and specifically designed as a confinement
area in which manure may accumulate, or where the
concentration of animals is such that a vegetative cover cannot be
maintained within the enclosure. Open lots used for the feeding
and rearing of poultry (poultry ranges) shall be considered animal
feedlots.
2. Grazing/Pasture: areas where grass or other growing plants are
used for grazing and where the concentration of animals is such
that a vegetative cover is maintained during the growing season
except in the immediate vicinity of temporary supplemental
feeding or watering devices. Those areas of supplemental feeding
or watering devices within a pasture do not constitute a feedlot.
C. Conditionally-Permitted Uses on Williamson Act Land. All such uses
must comply with Section 51238.1. Some uses listed in this rule (Rule 3)
are uses that, without conditions or mitigations would not be in
compliance with the Butte County Zoning Code or with Section
51238.1(a). Section 51238.1 (c) details the four findings that must be
made before a conditional use permit may be granted for such uses.
Uses Allowed Only by Use Permit: Although the following uses may be
found to be consistent with the Williamson Act, Butte County Code also
requires that the Planning Commission approve a use permit for these
uses. For each proposed use an application for a use permit shall be
reviewed and verified by the Development Services Department. The
Development Services Department will coordinate with the LCA
Committee Chairperson to schedule a meeting of the LCA Committee for
review. The LCA Committee shall consider the compatibility of the
application with the Williamson Act, consistency with these rules and
procedures, and shall make a recommendation to the Board of
Supervisors concerning compatibility with the Williamson Act. The Board
of Supervisors determines if a conditionally permitted use is compatible
with the Williamson Act, per the three principles of compatibility in Section
51238.1(a). In such cases, the Planning Commission approval is
"conditional", pending a Board of Supervisors determination of the
compatibility of the use with the Williamson Act per Section 51238.1. By
informational memorandum, the Development Services Director informs
the Planning Commission of the Board of Supervisors determination.
Public and quasi-public uses (Butte County Code Section 24-90
(c) 1), including wireless telecommunication facilities, structures and
buildings that conform to Sections 51238 and 51291.
2. Veterinary hospitals and/or clinics.
3. Use of Williamson Act land for seasonal hunting, hunting clubs,
and wildlife observation facilities that do not interrupt or impair the
primary agricultural use or approved accessory use on the land
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 6
(Butte County Code Section 24-90 (c) 4). Physical structures in
support of the uses allowed by this rule may be permitted where the
LCA Committee determines that said structures do not interrupt or
impair the primary agricultural use or approved accessory use on
the land.
4. Surface mining mineral extraction, quarries, and all other
mines (not including asphalt and concrete batch plants). Mining is
defined as any use requiring a mining permit as defined under
Chapter 13 of the Butte County Code. For any mining use, the
Board of Supervisors (on an individual case basis) must determine if
it is possible to make the required statutory findings of compatibility
under either Section 51238.1 or 51238.2. The mining proponent
must provide all necessary documentation and analysis as may be
required by the Department of Development Services in supporting
such findings for LCA Committee, Planning Commission, and Board
of Supervisors consideration. All mining must demonstrate
compliance with the Surface Mining and Reclamation Act by a
mining use permit and reclamation plan approved by the Butte
County Planning Commission.
Mining is a compatible use with the Williamson Act under limited
circumstances. In most cases, for the application to be complete,
the Williamson Act contract must be terminated by nonrenewal or
cancellation (Rule 6) prior to commencing a mining project. The
Board may approve the following when the corresponding
Williamson Act findings can be made:
a. Phasing of a mining project on adjacent, non- Williamson Act
contracted land while the nonrenewal process runs its course.
b. Williamson Act contract rescission (Section 51256) a
landowner may enter an agreement with the local government
to rescind the contract on the land proposed for mining and
simultaneously place other land in the same county, of equal
or greater size and value, in a permanent agricultural
conservation easement. Such contract rescissions require
the approval of the Director of the Department of Conservation
per Section 51256.1.
c. Determination of mining as a compatible use meeting Section
51238.1 (a) criteria for prime land or Section 51238.1 (c) for
non-prime land. The use of mineral resources shall comply
with Section 51238.2. The Board must find the following:
• That the activity will not significantly impair the
Williamson Act contractual commitment to preserve
prime land or non-prime land for open space use.
• That the Williamson Act contracted land must be
returned according to the SMARA reclamation standards
for its previous prime or non-prime condition. Any
reclamation of contracted land to "open space" use must
meet the definition in Section 51201(0) per Rule 4 below.
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 7
D. Other Uses Approved by the Board of Supervisors. The following
uses may be approved by the Board of Supervisors as compatible uses
consistent with Section 51238.1 if the use does not significantly impair the
primary agricultural use which qualifies the land for Williamson Act
contract.
1. The following open space uses may be approved by the Board of
Supervisors, after consideration by the LCA Committee:
a. Wildlife & biotic habitat area per Section 51201 Q).
b. Managed wetlands area per Section 51201(1).
b. Recreational uses per Section 51201(n).
c. Scenic highways corridor (per Section 51201(1).
2. Any other use which the Board of Supervisors, after consideration
by the LCA Committee, determines to be substantially similar in
nature to any of the uses listed above and which enhance other
qualifying uses with no significant impact on the agricultural or
open space characteristics of the subject or adjacent agricultural
land, and are otherwise in compliance with the principles of
compatibility as set forth in Section 51238.1.
RULE 4 QUALIFYING OPEN SPACE USES ON WILLIAMSON ACT LAND
The Board of Supervisors may approve the following "open space" uses for
inclusion in a Williamson Act contract by the procedure described in Rule 5.
C. below:
A. General Qualifying Criteria for Open Space Use. General categories of
qualified "open space" uses on Williamson Act land per Section 51205
include: managed wetlands, wildlife habitat area, recreational use, and land in
a scenic highway corridor.
B. Required Open Space Use Findings. To qualify as an allowed open space
use, the Board of Supervisors must make the finding that the applicant's land
is used for the preservation of important open space land for: wildlife habitat,
managed wetlands, scenic highway corridors, or recreational uses.
C. Review and Approval of Open Space Uses Applications:
The LCA Committee shall consider and make a recommendation to the
Board concerning the consistency of any application with these rules and
procedures. This assessment and the recommendations of the LCA
Committee shall be submitted to the Board of Supervisors by the
Development Services Department. The Board of Supervisors may approve
Williamson Act contracts established for open space purposes, when the land
is used for the purposes specified in Section 51205.
D. Conversion to Open Space Use: The conversion from Agricultural use to an
open space use requires execution of a new or amended contract. If the
landowner is unwilling to enter into a new or amended contract, the Board of
Supervisors may non-renew any contract for lands which have been
converted to an open space use.
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 8
E. Procedure Regarding Existing Conservation Easements:
As instances of existing habitat conservation easements on Williamson Act
land come to the attention of the County, the County will consult with the
California Department of Fish and Game (CF&G) in determining if the land in
question could be determined to meet the following Williamson Act (Section
51201(j)) definition of a "wildlife habitat area":
A "wildlife habitat area" is a land or wafer area designated by a board
or council, after consulting with and considering the recommendation
of the Department of Fish and Game, as an area of great importance
for the protection or enhancement of the wildlife resources of the
state.
If the Board of Supervisors finds that the land meets this definition, they may
approve a new or amended Williamson Act contract with the landowner to
reflect the change in use on the property to bring the contract into
conformance with the regulations of the Williamson Act and the current uses
on the land. Land shall be considered for inclusion as wildlife habitat only
after a wildlife habitat area resource management plan (per Rule 5.B.1.e) has
been approved by the Board of Supervisors. In many cases, the conservation
easement documents recorded with the grantee conservation easement
holder (e.g. CF&G, NRCS, USDA, Fish & Wildlife, etc) may contain adequate
detail to serve as the required resource management plan to be recorded
with the contract amendment.
RULE 5 WILLIAMSON ACT (Land Conservation Act) CONTRACTS
A. General Provisions.
1. Agricultural Preserves. In 1967, the Butte County Board of Supervisors
established ten agricultural preserve areas that cover the County. Land
that meets the criteria detailed in these policies, procedures and rules
may be eligible for Williamson Act contracts.
2. Zoning and General Plan Land Use Designations. Parcels for inclusion
must be consistent with applicable General Plan and zoning designations.
Table ONE of this rule sets minimum incoming acres per contract and
minimum parcel size.
3. Primary Uses. Only those parcels that are primarily used for agricultural
production, wildlife habitat area (51201 (j) and 51206) or open space use
(51201 (o)) as respectively established in Rule 4 of these rules and
procedures are eligible for inclusion in a Williamson Act contract.
4. Qualifications for Williamson Act Contract. To qualify for a Williamson
Act contract, land shall be in an agricultural preserve, and be comprised
of a single parcel of land, or two or more contiguous parcels, when such
parcels are under the same ownership or are owned by immediate family
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 9
members and are managed as a single unit.
a. Minimum Parcel Size. The minimum parcel size required for inclusion
in a Williamson Act contract shall be that set forth in Table One of this
rule when the parcel can sustain an agricultural use. All parcels
smaller than the contract minimum size shall be legally combined or
merged to comply with TABLE ONE of Rule 5, concurrently with
approval of the contract.
b. Parcels in Different Ownership. In considering a contract for parcels
under different ownership, the LCA Committee may recommend, and
the Board require that a management plan and agreement satisfactory
to the Committee be recorded between the owners to ensure
sustainable agricultural management of all land under contract for the
duration of the contract.
c. Combining Parcels. When parcels are combined under the same
contract, each individual parcel must comply with the minimum
acreage requirement, by type of use, as set forth in Table One of this
rule. Each parcel must also currently be utilized for or proposed to be
utilized for agricultural or open space uses as provided in these rules
and the California Land Conservation Act.
d. Incompatible Uses. The application process for inclusion in the
Williamson Act requires the applicant to disclose all existing and
proposed uses and structures on the land proposed for inclusion.
Land occupied by incompatible uses or incompatible structures must
be separately described for non-inclusion. The LCA Committee may
recommend, and the Board may determine that the impacts of
incompatible uses or structures render additional portions of the
proposed land inappropriate for inclusion in the Williamson Act.
e. Application Process. All applications must be submitted to the
Department of Development Services on or before September 15 of
each year to be eligible for a Williamson Act contract to become
effective during the following year. Applications shall be submitted
upon the forms to be supplied by the Planning Division of the
Department of Development Services and must be deemed to be
complete, prior to October 1, in order to be eligible for actual
consideration by the LCA Committee and the Board.
f. Easement Exchange. Substitution for a portion of contract lands may
occur pursuant to Section 51256 and 51257.
g. Adding Lands to a Williamson Act Contract. Land may be added to
an existing Land Conservation Agreement. Any parcel added must
meet the minimum acreage requirements in Table One of this rule or
be legally combined with an existing parcel within the agreement per
the Subdivision Map Act and local regulations.
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 10
h. Lands Bordering Cities and in Special Planning Areas. When
considering inclusion of lands within urban spheres of influence, lands
within specific plan areas and lands within special planning areas, the
LCA Committee and the Board of Supervisors shall consider whether
such lands are subject to specific plans, special plans and/or joint
planning memorandums of understanding and similar policies.
5. Minimum Parcel Size and Acreage for Williamson Act Contracts. The
required minimum acreage for each application is based on the type of
agricultural activity and shall be as follows:
TABLE ONE:
Minimum Incoming
Type of Activity Acres per Contract
and Minimum
Parcel Size
Orchards (vineyards, kiwi, fruit, nut 20
and similar cro s)
Field Crops (irrigated row-crops, 80
small grains, and similar crops)
Irrigated Pasture or Irrigated Rice 80
Production
O en S ace Uses 80
Dry Land Grazin 160
a. Parcels must also meet or exceed minimum lot sizes
established by the applicable base Butte County zoning district.
Minimum parcel size applies to incoming Williamson Act
contract parcels, parcels eligible for home building permit, and
parcels eligible for sale or transfer. When possible, land owners
may merge adjacent parcels to attain the minimum acreage
required in Table ONE. When the minimum parcel acreage in
TABLE ONE of this rule is greater than that set forth in the text
of the property's original Williamson Act inclusion contract, the
less restrictive (smaller) minimum parcel size shall apply.
b. The acreage limitations in TABLE ONE above shall apply to the
use of the subject lands on the date of signing the Land
Conservation Agreement. After the signing of the Land
Conservation Agreement, the type of crop or agricultural use
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 11
may be changed at the sole discretion of the landowner.
However, at a minimum the use must remain consistent with the
level of agricultural activity on which contract approval was
based. Any changes in use are subject to the qualifying
compatible uses described in Rule 3 herein.
c. Land shall be permitted to be divided into parcels that do not
meet the minimum parcel sizes provided in these rules and
procedures only when such division is for the purpose of
transferring ownership from one immediate family member to
another in accordance with Section 51230.1 and Rule 7. D.
Subsequent sale of such parcels to nonfamily members is
contrary to Williamson Act policy and to these rules.
d. The minimum parcel size required for establishing a residential
use or for selling parcels in the Williamson Act devoted to
orchards, open space and dry land grazing shall be as
established in Table One except when the minimum parcel
acreage in Table One of this rule is greater than that set forth in
the text of the property's original Williamson Act inclusion
contract. In such cases, the less restrictive (smaller) minimum
parcel size shall apply.
e. All parcels smaller than the Williamson Act contract minimum
size shall be legally merged to comply with Table One above,
concurrently with approval of a contract for inclusion into the
Williamson Act.
f. Two percent (2%) deviations from the specified Williamson Act
contract acreage minimum in TABLE ONE above may be
allowed subject to review by the LCA Committee and approval
by the Board of Supervisors.
6. Terms of Williamson Act Contracts.
a. The Williamson Act contract shall be binding upon, and inure to
the benefit of, all successors in interest of the property owner in
accordance with Section 51243.
b. The Williamson Act contract shall be for an initial term of ten
years. The ten year term shall automatically renew on January 1
of each year, unless a notice of non-renewal is submitted per Rule
6.A. and B.
c. All Williamson Act contracts shall have a common anniversary
date of the 31st day of December. Aland conservation contract
Butfe County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 12
must be executed on or before such date to be in effect for the
next succeeding tax year.
d. The Williamson Act contract shall limit the uses of the land to
those provided for in these rules and procedures.
e. The Williamson Act contract shall require that the land be
managed in accordance with any applicable resource
management plan(s). If a plan amendment is approved, the
amended plan shall be deemed automatically incorporated into
the contract as though fully set forth therein without the need for a
contract amendment.
7. Material Breach. In addition, and without altering the applicability of the
provisions of this paragraph, the Owner acknowledges the specific
material breach provisions and remedies of Section 51250, a copy of
which will be attached to the Williamson Act contract as Exhibit B.
Section 51250(b) defines a material breach on land subject to a
Williamson Act contract as a commercial, industrial or residential
building(s), exceeding 2,500 square feet that is not permissible under the
Williamson Act contract, local uniform rules or ordinances. This regulation
only applies to structure(s) that have been permitted and constructed
after January 1, 2004. Section 51251 allows a local government or
landowner to bring any action to enforce any contract, including but not
limited to, enforcement by specific performance or injunction.
B. Procedures for a Williamson Act Contract
Application for Williamson Act Contract or Contract Amendment.
To enter into or to amend a land conservation contract, an application
executed by all persons having legal and equitable interests in the
land shall be submitted to the Development Services Department on a
form prescribed by that Department. In addition to the application,
applicable fees as established in Chapter 3 of the Butte County Code
shall be submitted to the Department on or before September 15 of
the calendar year for the contract to become effective January 1 of the
succeeding year.
The application shall include the following:
a. A copy of a recorded map or assessor's parcel map showing the
subject real property as a single parcel or parcels when such
parcels are under the same ownership, or are owned by
immediate family members, and are managed as a single unit.
b. A legal description of all individual parcels and the names and
addresses of all the owners of legal or equitable interest in the
property.
c. Any resource management plan(s) pursuant to Rule 4.
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 13
d. Payment of applicable Williamson Act Inclusion Agreement
application fee.
e. Any additional information the LCA Committee may require, in
order enabling the Committee to determine the eligibility of the
land involved for a Williamson Act contract.
Any one or a combination of the following, pursuant to the
provisions of Rule 4 and this rule:
Agricultural Use. A statement by the applicant describing the
type and quantity of the commercial agricultural use including
but not limited to how the parcel or parcels of land are to be
commercially utilized for the production of food or fiber. This
statement should include methods of production, acreage,
improvements, a description and/or map of all appurtenant
structures, accessory uses, and any other information that
describes the nature and scope of the commercial agricultural
use.
Open Space for Wildlife Habitat Area. Lands shall be
considered for inclusion only after a wildlife habitat area
resource management plan has been approved by the Board
of Supervisors, subsequent to compliance with Section
51201 Q) regarding the land's value as an area for the
protection or enhancement of the wildlife resources of the
state. A wildlife habitat area resource management plan may
be approved by the Board of Supervisors prior to the
Williamson Act contract.
Section 51201(j)) defines a "wildlife habitat area" as: "a
land or water area designated by a board or council, after
consulting with and considering the recommendation of
the Department of Fish and Game, as an area of great
importance for the protection or enhancement of the
wildlife resources of the state".
Open Space for Managed Wetland Area. Lands shall be
considered for inclusion only after a managed wetland area
resource management plan has been approved by the Board
of Supervisors, subsequent to the Board's determination of
compliance with Section 51201(1). A managed wetland area
resource management plan may be approved by the Board of
Supervisors prior to the Williamson Act contract.
Section 51201(1) defines a "managed wetland area" as:
"an area, which may be an area diked off from the ocean
or any bay, river or stream to which water is occasionally
admitted, and which, for at least three consecutive years
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 14
immediately prior to being placed within an agricultural
preserve pursuant to this chapter, was used and
maintained as a waterfowl hunting preserve or game
refuge or for agricultural purposes."
Open Space for Recreational Use. Lands shall be
considered for inclusion only after a resource management
plan has been approved by the Board of Supervisors for
recreational use facilities for use by the public. A master plan
for providing recreational use may be approved by the Board
of Supervisors prior to the Williamson Act contract, pursuant to
51201(n).
Open Space for Scenic Corridor. Lands shall be considered
for inclusion only after a resource management plan for a
scenic corridor has been approved by the Board of
Supervisors in accordance with a specific plan adopted by the
county for the scenic route that has been approved by the
State Department of Transportation Advisory Committee on a
Master Plan for Scenic Highways. A resource management
plan for a scenic highway corridor may be approved by the
Board of Supervisors prior to the Williamson Act contract.
2. Review of Williamson Act Application. An application to enter into or
amend a Williamson Act contract shall be received by the Development
Services Department. The Development Services Department shall
coordinate with the LCA Committee Chairperson to then schedule a
meeting of the LCA Committee for review and recommendation to the
Board of Supervisors. The LCA Committee shall consider the
consistency of the application with these rules and procedures. The
recommendation of the LCA Committee shall be submitted to the Board
of Supervisors by the Development Services Department.
3. Action on Williamson Act Contract Application. The Development
Services Department shall submit a report to the Board of Supervisors
containing the recommendation of the LCA Committee concerning the
contract. Upon receipt of the report, the Clerk of the Board shall
schedule the matter for public hearing and give notice as provided in
Section 24-25.40 of the Butte County Code and in Sections 51232 and
51233. The Board of Supervisors shall render its decision to deny,
modify or approve the application for entering into or modifying a
Williamson Act contract within 60 days after receipt of the report from
the Development Services Department. Upon approval of the
application, the Chairman of the Board of Supervisors shall be
authorized to sign the contract on behalf of the County.
4. Recordation of Williamson Act Contract. Within 20 business days of
approval of the contract by the Board of Supervisors, the Clerk of the
Board shall record the contract, which shall describe the land subject
thereto, with the County Recorder and distribute copies of the recorded
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 15
contract to the landowner, the Department of Conservation, County
Assessor, Development Services Department and Agricultural
Commissioner.
5. Changing Uses on Contracted Land. No part of these rules and
procedures allow the landowner, during the course of the Williamson
Act contract, to change uses on the land to uses that are incompatible
with these rules and procedures and the Williamson Act.
6. New Contract Required Upon Granting of Entitlements.
In granting of any of the following discretionary entitlements, the County
reserves the right to require rescission of the current Williamson Act
contract and/or signature of a new or amended contract which
incorporates all Butte County Williamson Act rules and procedures in
force at the time:
a. Tentative Parcel Map
b. Tentative Subdivision Map
c. Use Permit
d. Lot Line Adjustment
e. Merger of Parcels
RULE 6 TERMINATION OF WILLIAMSON ACT CONTRACTS
A. Nonrenewal of Williamson Act Contract. Non-renewal is always the
preferred means of terminating a contract. On each anniversary date of a
Williamson Act contract, the original ten year term of the contract is
automatically renewed unless notice of nonrenewal is given in
accordance with the California Land Conservation Act for all or a portion
of the property subject to the contract (Section 51244). When notice is
provided on or before September 30 the contract shall expire nine (9)
years from December 31 of the year that a timely notice was provided
(Section 51245). Upon recordation of the notice of nonrenewal, the
valuation formula under the Revenue and Taxation Code changes for
property tax assessment purposes. The land use restrictions, however,
remain the same until the contract expires.
The County prior to the expiration date of the contract shall not approve
applications for converting the use of the land to uses that do not comply
with the restrictions of the contract. A notice of nonrenewal filed by the
County or a property owner with respect to land subject to an existing
contract or a contract entered into pursuant to these rules may be
withdrawn only upon the consent of the County and the issuance of a new
contract in accordance with these rules and any additional conditions
required by the County. Any request for withdrawal of a notice of
nonrenewal shall include an application for a new contract that complies
with the rules and procedures in effect at that time.
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 16
B. Notice of Partial Non-renewal. Notice of partial non-renewal for lands
within a Land Conservation Agreement. If only a portion of the lands
within an agreement are non-renewed, the remaining contract lands must
conform to the minimum acreage requirements in TABLE ONE of Rule 5.
It is the applicant's responsibility to provide accurate legal descriptions of
the area to be non-renewed and the area to remain in the contract.
C. Rescission of Williamson Act Contract. In accordance with the Land
Conservation Act, the landowner and the County may upon their mutual
agreement rescind a contract in order to simultaneously enter into a new
Williamson Act contract in order to facilitate a lot line adjustment in
accordance with Sections 51254 or 51257.
D. Immediate Cancellation of Williamson Act Contract. In accordance
with the Land Conservation Act, a landowner may petition the County for
a tentative immediate cancellation of a contract to terminate the contract
on all or a portion of the property. The Board of Supervisors may only
approve cancellation of the contract under extraordinary circumstances
as provided in Section 51282.
To cancel a Williamson Act contract, a petition signed by all
parties having a legal or equitable interest in the property shall be
submitted to the Development Services Department on a form
prescribed by that Department with the applicable fees
established in Chapter 3 of the Butte County Code. It will be the
responsibility of the applicant to provide all necessary supporting
documentation and analysis, as required by the Development
Services Department, that the required statutory findings can be
met (per Section 51282). It is the applicant's responsibility to
provide accurate legal descriptions of the area to be cancelled and
any area to remain in contract.
2. The petition for cancellation shall be referred by the Development
Services Department to the Department of Conservation and the
LCA Committee for review, comments, and recommendation to
the Board of Supervisors. The petition shall also be referred to
the County Assessor for determination of the cancellation
valuation of the subject property.
3. Any application for immediate cancellation shall require that the
Board of Supervisors make either consistency findings per Section
51282. (a) (1) or public interest findings per Section 51282. (a) (2).
4. Cancellation of a portion of the contract must result in remaining
contract parcels that conform to the minimum acreage
requirements of TABLE ONE, Rule 5.
5. Immediate cancellation allowing minor acreage adjustments of no
more than one percent (1 %) of the contracted land under the
applicant's ownership may be permitted to reconcile building
encroachments, irregular fence lines and historic uses through lot
Butte County Williamson Act Updafe Resolution No. 07-021, January 23, 2007 Page 17
line adjustments, subject to review by the LCA Committee and
approval by the Board of Supervisors. Such cancellations do not
require that the Board make the statutory findings per Section
51282. (a) (1) or Section 51282. (a) (2).
6. The Development Services Department shall submit a report to
the Board of Supervisors containing the recommendation of the
LCA Committee concerning the cancellation of the contract and
the certified statement from the Assessor concerning the
cancellation valuation of the land. Upon receipt of the report, the
Clerk of the Board shall schedule the matter for public hearing and
give notice as provided in Section 24-25.40 of the Butte County
Code and in Section 5128. The Board of Supervisors shall render
its decision to deny, approve or conditionally approve the petition
for cancellation in accordance with the Land Conservation Act.
a. Upon approval of a requested cancellation and recordation of a
certificate of cancellation of contract, the valuation formula under
the Revenue and Taxation Code changes for property tax
assessment purposes and the land will be taxed at its current fair
market value. In accordance with Section 51203, if either the
Department of Conservation or the landowner believes that the
current fair market valuations are inaccurate; either party may
request formal review from the County Assessor. The procedures
for formal review and any recomputation of the cancellation fee
are specified in Government Code Section 51203. [SB 1820
effective Jan. 1, 2005].
b. Cancellation of a Williamson Act contract is subject to the
payment of a cancellation fee equal to 12.5 percent of the
cancellation valuation of the property to the Department of
Conservation (pursuant to Section 51283) as determined by the
County Assessor based upon the current fair market value of the
land as though it were free of the contractual restrictions in
accordance with Section 51283. Cancellation of a Williamson Act
contract also requires the landowner to make a cancellation fee
payment to the County of Butte equal to 12.5% of the cancellation
valuation of the property (per Section 51283), as authorized by
Section 51240.
E. Annexation and Contract Termination. Per Government Code including
but not limited to Sections51235, 51243.5, 51236 and 51256, annexation
of land under Williamson Act contract does not terminate the contract. If
a city annexes land subject to a Williamson Act contract, the city
succeeds to all rights, duties and powers of the county under the contract.
The city protest provision of the California Land Conservation Act of 1965
has been eliminated effective January 1, 1991. Unless a city filed a valid
protest before January 1, 1991, the city cannot terminate a contract upon
annexation of the property to the city. A city protest made prior to January
1, 1991, is valid only if there is a record of the filing of the protest and the
protest identifies the specific affected contract and subject parcel.
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 18
F. Public Acquisition. Williamson Act contracts become void for land that is
acquired by a federal, state or local government agency for necessary
public uses and facilities. The California Land Conservation Act of 1965
contains policies and restrictions to avoid public acquisition of lands in
agricultural preserves, with special emphasis on restricting acquisition of
land subject to Williamson Act contracts or containing prime agricultural
land. State and local government agencies are required to refer proposals
to acquire land in agricultural preserves to the State Department of
Conservation for their review and response prior to acquisition.
G. Correction of Errors. Adjustments of contracted lands allowing removal
or addition of acreage may be permitted in order to correct surveying
errors and similar defects, including but not limited to errors in the legal
description of contracted lands, after review by the LCA Committee and
approval by the Board of Supervisors, where substantial evidence in the
record indicates that it was not the intent of either the Board of
Supervisors or the landowner to include the lands subject to the error or
errors in the contract at the time the contract was executed.
RULE 7 DIVISION OF WILLIAMSON ACT LAND
A. Division of Land, General. There shall be no division of land, lot line
adjustment, or merger of parcels subject to a Williamson Act contract that
would defeat the intent of the Williamson Act to preserve land in
agriculture, open space or recreational use. The Butte County Board of
Supervisors finds that divisions of land under Williamson Act contract
must comply with Government Code Section 66474.4 and shall be
allowed only when all of the five conditions in Rule 7.B are fulfilled. While
the LCA Committee oversees the Williamson Act, the Butte County
Planning Commission is empowered to approve tentative parcel map,
tentative subdivision map, waiver of parcel map, and other land use
entitlements applications applicable to this section.
B. Land Division Procedures. Applications for division of land subject to a
Williamson Act contract shall be processed in the manner prescribed in
Chapter 20 of the Butte County Code, except that for all such applications
a determination of compatibility with the Williamson Act shall be made per
the procedures prescribed in Rule 2. B. A Planning Commission condition
of approval will require modification of the existing contract (at the LCA
Committee's recommendation) or rescission of the contract in order to
simultaneously enter into a new or amended contract conforming to all
rules and procedures in effect at that time. Anew or amended contract
may be required if the division would change parcel boundaries, and
parcel legal description(s). Per Rule 2. B, as part of the process of
determining the compatibility of the project with the Williamson Act, the
Board of Supervisors must make the following findings regarding land
divisions on Williamson Act land:
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 19
The proposed division will not impair the use of the land for
the production of food, fiber, livestock or wildlife habitat, as
provided in the contract.
2. Each parcel created by the division or lot line adjustment
shall conform to minimum acreage under TABLE ONE of
Rule 6.
3. The land division or, lot line adjustment conforms to the
Butte County General Plan, state laws and all other
applicable County Codes and standards.
4. The land division or lot line adjustment is not for the
creation of residential development that does not directly
support agricultural production on the contracted land.
5. Any parcel merger (Government Code Article 1.5 Merger
of Parcels) shall comply with Rule 5. A. 5. c. and with Butte
County Code Section 20-180.3.
C. Lot Line Adjustment and Parcel Merger. Per County Code Section 20-
95.1 (lot line adjustments) and Section 20-180.3. (parcel mergers) the
Director of Development Services may approve lot line adjustments and
parcel mergers. On a case-by-case basis, the Director or her/his
designee shall review all applications for lot line adjustment or parcel
merger to determine the compatibility of the proposed action with the
Williamson Act and these rules and procedures. The Director shall
determine whether a proposed lot line adjustment or parcel merger is
substantially compatible and compliant with the Williamson Act and with
these rules. The Director's determination shall be reported to the LCA
Committee as a recommendation, by memorandum, and agendized for
consideration by the Committee. In cases where the Director of
Development Services determines that a compatibility finding is not clear,
the Director shall refer the case directly to the LCA Committee. The LCA
Committee shall consider the Director's determination and make a
recommendation to the Board of Supervisors concerning the compatibility
of the proposed lot line adjustment with the Williamson Act.
D. Transfer of Ownership to Family Member. Land shall be permitted to
be divided into parcels that do not meet the minimum parcel sizes
provided in these rules only when such division is for the purpose of
transferring ownership from one immediate family member to another in
accordance with Section 51230.1, and per Butte County zoning code
minimum parcel size. The Board of Supervisors finds that the transfer of
one or more of the parcels so created to a person who is not an
immediate family member is a breach of the Williamson Act contract.
Pursuant to such unlawful transfer a notice of nonrenewal shall be filed
for all portions of the land subject to the existing contract. The Board may
also pursue other remedies as authorized by law. No residential buildings
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 20
shall be erected on
acreage specified in
labor housing shall
51230.2.
parcels that fail to meet the standards for minimum
TABLE ONE of Rule 5. An exception for agricultural
comply with the provisions of the California Section
RULE 8 CONTRACT MONITORING & ENFORCEMENT
A. Enforcement Responsibility. The Director of the Department of
Development Services (DDS) shall enforce the provisions of these rules
and the regulations of the Williamson Act, and shall determine the
existence of any violations of any resource management plan as
approved by the Board of Supervisors. The Director will bring his/her
findings to the LCA Committee for review. The LCA Committee shall
review these findings and make recommendations to the Board of
Supervisors when appropriate. The Board of Supervisors shall consider
the recommendations of the LCA Committee in determining any
enforcement action.
B. Monitoring of Williamson Act Contracts.
The county shall actively monitor the agricultural preserve program by
periodically reviewing the continuing eligibility of properties and checking
for contract violations. Methods for identifying and reviewing the
continuing eligibility of properties and uses include:
The Development Services Department will review and assess
referrals (e.g., new property transfers) from the Assessor's Office,
Building Department, and other sources for potential contract
violations.
2. With proper notice to the landowner, the Department of
Development Services may schedule an inspection of the land
under contract to verify compliance at any time.
3. In the course of its normal operations, the Assessor's Office
conducts random field checks of properties for:
a. Existing agricultural uses and land capability to determine if
they comply with qualification standards.
b. Oversight for potential contract violations.
4. The Williamson Act contract shall provide for a biennial review for
compliance with the terms and conditions of a land conservation
contract. Such review would be implemented at the discretion of
the Director of Development Services, as indicated by the needs
of the program. Such review would be implemented when general
monitoring (1. and 2. above) indicates a trend in non-compliance.
This process may include the submittal of a report from the
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 21
contracted property owners to the Department of Development
Services. The form, supplied by the Department of Development
Services, may include information that demonstrates compliance
with compatible land uses and any resource management plan
approved by the Board of Supervisors. Failure to comply with a
biennial compliance review survey may be considered a breach of
contract and the County may file a notice of nonrenewal of the
contract or seek other remedies as authorized by law.
C. Violation and Enforcement. A violation of these rules shall be enforced
as provided for in this rule and as provided for in the California Land
Conservation Act.
D. County-Initiated Notice of Nonrenewal. In addition to other remedies
authorized by law, a notice of nonrenewal of a Williamson Act contract
may be filed by the Board of Supervisors for land determined to be out of
compliance with these rules, as determined by the Board of Supervisors
after consideration of the recommendation of the LCA Committee in
accordance with this rule.
E. Additional Remedies. The remedies provided for in this rule are
cumulative and in addition to any other remedies otherwise authorized by
law.
Butte County Williamson Act Update Resolution No. 07-021, January 23, 2007 Page 22