The history, economy, culture and the future of Kittitas County revolve around agricultural activities. The Kittitas County board of county commissioners finds that the agricultural areas of Kittitas County are increasingly subjected to nuisance lawsuits and that such lawsuits encourage and even force the premature removal of lands from agricultural uses. It is therefore the purpose of this chapter to provide:
1. 
That agricultural activities in Kittitas County on land used for agriculture be protected; and
2. 
Notice to individuals who locate on or near an area used for agriculture, that agricultural activities are allowed, encouraged and promoted as the acceptable use of land in those areas, and by locating in such areas they are doing so with this understanding.
3. 
This chapter is not intended to replace or diminish state code and is intended only to enhance its provisions for the right to farm.
(Ord. 96-5 (part), 1996)
"Agricultural activity"
includes, but is not limited to, the growing or raising, harvesting, storage, disposal, transporting, conditioning, processing, sale, and research and development of, but not limited to, the following: horticultural crops, poultry, livestock, grain, mint, hay, forages and feed crops, apiaries, beekeeping, equine activities, leather, fur, wool, dairy products and seed crops. Agricultural activity may involve, but is not limited to, the following operations and conditions: on-farm and roadside marketing, dust, fumes, vapors, gases, smoke, odors, and noise from the farm or farm activities, open burning; operation of machinery; movement (including use of current county road ditches, streams, rivers, canals, and drains, etc.) and use of water for agricultural activities; ground and aerial seeding and spraying; application of fertilizers, conditioners, pesticides and associated drift of such materials; employment and use of labor, roadway movement of equipment and livestock, protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways, etc. and maintenance of stream banks and watercourses; and conversion from one agricultural activity to another, including a change in the type of plant-related farm product being produced. The term includes use of new practices and equipment consistent with technological development within the agricultural industry.
"Agricultural land"
means land primarily devoted to the commercial production of horticulture, viticulture, floriculture, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock.
"Agriculture"
is the grazing, feeding, and watering of livestock, plowing, seeding, cultivation and harvesting for the production of crops and pasture; soil and water conservation practices; the creation and maintenance of farm or stock ponds, irrigation ditches, drainage ditches, underground drainage systems, fences and farm roads, the control of noxious weeds, and includes any associated structures, appurtenances, equipment or activities.
"Farm"
means land, buildings, livestock, and machinery devoted primarily to the production for commercial purposes of agricultural commodities on lands used for agriculture outside urban growth areas and urban growth nodes and on lands used for existing and on-going agriculture within urban growth areas and urban growth nodes.
"Generally accepted agricultural and management practices"
means historic practices, and those practices as defined or recommended by the United States or Washington State Department of Agriculture, Agricultural Stabilization and Conservation Service, Soil Conservation Service, Washington State University Cooperative Extension, Kittitas County Conservation District and other professional and agricultural organizations. These practices may be modified to reflect varying conditions which include, but are not limited to, geographical location, weather, soil types and conditions, type of crop or livestock and management system.
"Lands used for agriculture"
means lands where agriculture is allowed either as a permitted use or a conditional use or not prohibited by the zoning code. If ongoing and existing agricultural activities occur inside urban growth areas or urban growth nodes, these shall be considered as "lands used for agriculture".
"Supporting facilities"
Include, but are not limited to, roads and waterways, storage, processing, conditioning and sale facilities within the county on lands used for agriculture outside urban growth areas and urban growth nodes and on lands used for existing and ongoing agriculture within urban growth areas and urban growth nodes.
(Ord. 96-5 (part), 1996; Ord. 2007-22, 2007)
Notwithstanding any other provision of the Kittitas County Code, agricultural activities conducted on the farm, or supporting facilities if consistent with good agricultural practices and established prior to surrounding nonagricultural activities, are presumed to be reasonable and do not constitute a public or private nuisance unless the activity has a substantial adverse effect on the public health and safety.
If that agricultural activity is conducted under generally accepted agricultural and management practices and does not conflict with federal, state, and local laws and regulations, it is presumed to be a good agricultural practice not adversely affecting the public health and safety. Agricultural activity shall not be limited as to hours of the day nor days of the week.
(Ord. 96-5 (part), 1996)
1. 
No agricultural activity, as described in Section 17.74.030, on lands used for agriculture outside urban growth areas and urban growth nodes and on lands used for existing and on-going agriculture within urban growth areas and urban growth nodes shall give rise to any private rights of action or claim for relief.
2. 
Subsection A of this section shall not apply to a right of action or claim for relief for damage to commercial agricultural products.
3. 
If the urban growth boundary is changed in such a way as to place an agricultural activity outside its limits, subsection A of this section applies to that agricultural activity after the date the urban growth boundary is changed.
(Ord. 96-5 (part), 1996)
To facilitate cooperation between agricultural activities and nonagricultural activities, there will be resource activity notification and disclosure as follows:
1. 
All plats, short plats, development permits, and building permits issued for development activities on or within one thousand feet of land zoned Agriculture-3, Agriculture-20, Commercial Agriculture, or Forest and Range shall contain the following notice: "The subject property is within or near land used for agriculture on which a variety of commercial activities may occur that are not compatible with residential development for periods of varying duration. (RCW 36.70A.060(1))
Commercial natural resource activities performed in accordance with county, state and federal laws are not subject to legal action as public nuisances." (RCW 7.48.305).
2. 
Disclosure statement. The disclosure statement required by this section shall be used under the following circumstances and in the following manners:
a. 
Copies of the disclosure statement notice substantially in the form as set forth in sub-part (2)(a) herein shall be posted for public view in appropriate locations in the Kittitas County Courthouse and other appropriate county public building locations. Copies of such disclosure statement notices shall also be transmitted to real estate agents, title companies and attorneys located in Kittitas County for their use in posting or such other use as they may deem appropriate to assist them in advising their clients of the existence of this chapter.
b. 
Upon the issuance of a development permit by Kittitas County Community Development Services including, but not limited to, subdivision permits and use permits, for use on or adjacent to lands zoned for agriculture, the development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the Disclosure set out in sub-part (2)(a) on forms provided, which shall then be recorded with Kittitas County.
i. 
Disclosure statement. "The County of Kittitas supports the continuation and development of properly conducted agricultural operations within the County and has enacted a Right to Farm For the Protection of Agricultural Activities Ordinance ( KCC Chapter 17.74 ). If the property you are purchasing is located near agricultural lands or operations or included within an area zoned for agricultural purposes, you may be subject to inconveniences arising from such operations. Inconveniences may occur as a result of agricultural operations which are in conformance with existing laws and regulations and accepted customs and standards. These inconveniences may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft), and the driving of machinery and/or livestock on public and private rights-of-way during any 24hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. If you live near an agricultural area, you should be prepared to accept such conditions as part of the custom of a county with a strong rural character and an active agricultural sector".
(Ord. 96-5 (part), 1996; Ord. 2007-22, 2007)
If any section, subsection, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or the application of the provisions to other persons or circumstances.
(Ord. 96-5 (part), 1996)