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(A) This chapter is adopted for the purpose of guiding development in accordance with the existing and future needs of the county in order to improve the public health, safety, convenience, and welfare of the citizens of the county. This chapter is designed to plan for the future development of the county to the end that significant environmental, historical, cultural, and other features which contribute to the quality of life and character of the county are identified and protected; transportation systems are carefully planned; new community centers are developed with adequate highway, utility, health, educational, and recreational facilities; the needs of agriculture, industry, and business are recognized in future growth; residential areas are provided with healthy surroundings for family life; significant agricultural and forestry lands are preserved; and the growth of the community is consonant with the efficient and economical use of public funds.
(B) It is also the purpose of this chapter to recognize and help sustain traditional industries as follows: right of farming, fishing, and forestry.
(1) Farming, fishing, and forestry are the backbone of the county’s traditional economy. The right to farm all land, to grow and harvest timber, and to use the shores and waters of the county for traditional waterman’s activities is hereby recognized to exist as a natural right. This chapter protects that right as permitted uses everywhere in the county regardless of specified uses and prohibited uses set forth elsewhere.
(2) This chapter protects the use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractor and other machinery, seasonal farm laborers, and the application of fertilizers, insecticides, and herbicides, the mooring, storage, and repair of workboats, nets, and equipment; all for the purpose of producing from the land and waters such products as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers, seeds, fish, and shellfish. The right to farm includes the right to use land for grazing by animals.
(3) The foregoing uses and activities, when reasonable and necessary for the particular farming, fishing, or forestry activity, and when conducted in accordance with generally accepted practices, may occur at any season, on holidays, Sundays, and weekends, at night and in the day. The noise, odors, dust, and fumes that are caused by them are also specifically permitted as part of the exercise of this right.
(4) It is expressly found that reasonable nuisance caused to others by such activities is more than offset by the benefits to the neighborhood, community, and society in general. Among these benefits are the preservation of open space, the beauty of the countryside, clean air, and by the preservation and continuance of traditional livelihoods in the county.
(5) This right does not relieve the land owner from compliance with pertinent local, state, and federal laws pertaining to these protected activities.
(Ord. passed 11-9-1995) Penalty, see § 157.999