Agriculture and Greenhouses: How Much Regulation?

— by Margie Doyle —

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For all those who breathed a sigh of relief when marijuana use was decriminalized with voter approval  of State Initiative-502 (which passed in San Juan County with 68% of ballots in favor of the initiative), many of those are now worried about the complexities of marijuana production and its impacts on local agriculture.

That became manifest when the Council abandoned plans for a moratorium on greenhouse last January, and directed Planning Department staff to meet with a working group to consider:deal with the issues of:

• Regulation of greenhouses and temporary growing structures;
• Effective and appropriate local regulation of recreational marijuana production and processing.

These issues came to the forefront with cases of large-scale marijuana production and unregulated greenhouses and other structures on San Juan and Orcas Islands.

However, the impacts of such regulations are of concern to all those engaged in farming, or “agricultural production,” whether large-scale, commercial, recreational, or small-scale/hobbyist.

The Planning Department met with Candace Jagel, Tim Clark, and Peggy Bill, members of the Agricultural Resources Committee (ARC); Vicki Heater, County Health and Human Services; Lars Johnston, farmer; and Jim Lawrence, farmer and ARC member. Following five meetings with the working group from March to May, the Planning Department prepared documents for discussion. On August 3, the Planning Department submitted drafts regarding these mandates to the County Council. https://sanjuanco.com/Docs/CAgendadocs/08-03-2015/Regulating_Greenhouses_08032015.pdf

The recommendations to the Council regarding greenhouse regulation include additions to San Juan County Code under 18.40 SJCC Performance and Use Specific Standards, namely section 18.40.235 Greenhouses and temporary growing structures, which states:

• comply with construction, clearing and grading code requirements
• Locate and design greenhouses to minimize disruption of prime agricultural soils
• Outside of agricultural resource and rural farm forest lands, a new commercial greenhouse shall ot be located within 200 feet of a residence not located on the same parcel
• Minimize noise from fans subject to sound tests that show they are not above decibel levels set in [State law] WAC 173-60-040
• Odor control in heating, ventilation, and air conditioning systems for operations in Activity Center designations.
• Direct lighting away from adjoining properties and public roads.(SJCC 18.60.170 Use blackout canopies.
• Landscaping: 10-foot buffer when adjacent to residential use (SJCC 18.60.160(F)(5) New.)
• Access: demonstrate rights to use roads and driveways when applying for building permit.
• Area of temporary growing structures included in calculation of cumulative area under cultivation.

Also proposed is the new section18.40.425 Applications for new commercial greenhouses — additional requirements:

• A detailed site plan for the property:
  • property boundaries and required setbacks
  • location of pedestrian access points, driveways, and all other points of ingress/egress, identify public or private access roads
  • location and construction details with dimensions, interior layout, and watering, ventilation, wastewater disposal, and solid waste disposal systems
  • Lighting plans with type, height, and brightness of all interior and exterior lighting
  • landscaping plans, where required.
• A description of how performance standards will be met.
• A grading and stormwater drainage plan, if required.
• Documentation of adequate services and utilities available to serve the proposed use including electricity, community water supplies, sewage disposal systems and roads.

Members of the communities on San Juan, Orcas and Lopez Islands  met last month to air their concerns about the impact of such regulations. At a meeting on Aug. 26 at the Eastsound Fire Hall,  about 20 people circled around; among them were mushroom growers, seedling producers, and “truck garden” growers. Also in attendance were Bob Gamble who serves on the County Planning Commission, Rick Hughes, County Councilman, and Peggy Bill, Agricultural Resources Committee Coordinator.

The County “Right to Farm and Forestry” ordinance ( SJCC 18.30.052) reads, in part:

“San Juan County has determined that the use of real property for agricultural and forestry operations is a high priority and favored use in the county. The country will not consider to be a nuisance those inconveniences or discomforts arising from such operations, if such operations are consistent with commonly accepted best management practices…..

One or more inconveniences may occur as a result of agricultural and forestry operations which are in conformance with existing laws and regulations.”

However, with the discussion dialed up by the marijuana production leases issued by the State to County residents, the issues of scale, soil and building conditions; and attendant impacts  (light, noise, odors, access) have made both production and enforcement, not to mention “neighborly compliance,” more complex.

The documents prepared by Planning Department staff differentiate between permanent greenhouses, with concrete floor and rigid walls — including glass — and temporary growing structures, such as hoop houses that are easily dismantled. Historically greenhouses and hoop houses don’t require building permits.

Bill said there have been large greenhouse producers for the last 20 years; and that the majority of county greenhouses are temporary structures, and “hoop houses.” She added that marijuana is the first revenue-based product that could bring larger-scale production here.

“As we get into sustainable foods here, that would entail bigger greenhouses,” she said.

The August 26 group was asked, “What is our pastoral landscape? Does it include greenhouses?”

Planning Staff referred to temporary grow operations as “commercial;” however, meeting attendants argued that “commercial greenhouses” aren’t defined. This troubled small-scale, “home” operations who asked if they would be required to comply with the conditions of new laws.

Councilman Rick Hughes encouraged those in attendance to get involved in the process and make their experiences and opinions known, by email to council@sanjuanco.com. Bill urged people to contact her at peg@sjcarc.org as well.

Copies of the documents are available at Public Libraries as well as online. The ARC will resume its monthly meetings in September.