California
Farm Bureau Federation Carolyn
S. Richardson, Director
Judy James Dear Judy: Pursuant to your request for a legal opinion regarding the acquisition of trail dedications by the Sonoma County Agriculture Land Preservation and Open Space District, the following analysis has been prepared. In short, there appears to be no clear prohibition.on the District's ability to accept trail easements and dedications. However, the Sonoma County Farm Bureau can argue that the District's acquisition of trail easements and dedications is contrary to the purposes of the County's Agriculture Element and therefore violates the purposes behind the Agricultural Land Preservation and Open Space District. One of the primary purposes of the Agriculture Preservation and Open Space District as expressed in the enabling initiative, Measure A, is to implement the Agricultural. Element of the General Plan. The Expenditure Plan, Measure C, clearly states that "[t]his. purpose will.be accomplished primarily through the purchase of development rights from willing sellers ...." The purchase of fee interests for public recreation is clearly secondary as indicated by the language of Measure C. Consequently, the combined language of Measures A and C indicate two important public policy oonsiderations the District must undertake before approval. First, the District must "implement policies found in the Agricultural Element of the General Plan through the purchase of development rights. Second, the District's authority to purchase fee interests for recreation is secondary and limited to instances where "public use" is not inconsistent with the Open Space designations of community separators, scenic landscape units, scenic corridors, critical habitat areas and riparian corridors. The Sonoma County Farm Bureau can argue that the trail easements and dedications in agricultural designations are contrary to the policies of the Agriculture Element. The stability and productivity of agriculture in the County is protected in the Agriculture Element, thus all land uses that are incompatible with long term agricultural production are discouraged. (Sonoma County General Plan pg. 197.) The highest priority for all agriculture land use categories is agricultural production. All land uses that are incompatible with long term agricultural production are discouraged. (Id. at pg. 202.) Even agricultural support industries and agricultural related visitor services are secondary to the preservation of production agriculture. (Id. at pg. 203.) Furthermore, the General Plan states that, "...agricultural lands not currently used for farming, but which have soils or other characteristics which make them suitable for farming shall not be developed in a way that would preclude future agricultural use." (Id. at pg, 41.) The existence of a trail inherently includes the threat of trespass, liability, and property damage to agriculture. Even the General Plan recognizes that a trail system is of particular concern for agricultural enterprises. (Id. at pg. 182.) Trails that transect farmland preclude future production activities because a trail, especially one which is a vital link in a county wide chain, cannot be removed from the public domain once it is committed. Consequently, a trail system, even on land that is not in production, develops agricultural lands in a way that makes them unsuitable for future farming activities. The Farm Bureau can also argue that the Open Space Element provisions for a park and trail system are limited to lands outside of the preservation district. The General Plan states that the proposed trail system is to be implemented by applying the appropriate "park" zoning to all existing parks, applying the "park" designation to areas where a need exists for parks, and requiring trail dedications when major subdivisions are proposed. (Id. at pg. 182.) The plan is under the authority of the Sonoma County Regional Parks Department and the trail development efforts are to be focused on public lands near urban areas. (Id. at pg 182.) The open space areas identified in Measure C, where the purchase of fee interests for public recreation would be allowed does not include any park designations. Also, since the General Plan proposes the creation of a second district that would be exclusively for open space, it seems that the Agricultural Land Preservation and Open Space District was not created to provide all open space and recreational uses. (Id. at pg, 193.) On the other hand,. the District's arguments for supporting its authority to acquire trail easements and dedications are bolstered by the public recreation language of Measure C. The District will probably argue that trails are consistent with both the Agriculture and Open Space Elements, and that trail dedications and easements are allowable purchases. In addition, Measure C does not differentiate between agricultural and. open space acquisitions. The preservation of farmland and open space is intertwined in the County's policies and the language of the initiative that created the District. Agricultural uses provide open space, and the County's agricultural zoning designations [Agriculture Preserve District (RRDWA), Land Intensive (LIA), Land Extensive Agriculture (LEA), Diverse Agriculture (DA), Rural Residential District (RRD)] may provide the District with evidence that trails are a compatible use in the agricultural area. Within the RRDWA and the RRD zones, the Planning Director has the authority to permit uses which are, "non-residential... [and] similar and compatible." The primary uses within these zones include: agricultural production and support activities, home occupations, family day care centers, pet fancier facilities, and craft sales. The determination of "compatibility" and "similarity:' are based on the Planning Director's opinion. Since a trail system requires no permanent structures and is relatively low impact, it may qualify as a primary or compatible use in these zones. (Sonoma County Code §26-10-010.) The LIA and LEA designations have no provisions for parks and trails; however, "granges and similar community service facilities" are permissible as secondary uses providing that they do not adversely impact agriculture. A trail dedication could only be allowed in this designation if it qualified as a community service facility, and did not adversely impact agriculture. (Sonoma County Code §26-08-010.) The DA zone, on the other hand, makes specific accommodations for parks and trails. (Sonoma County Code §26-08-010.) The Agriculture Element, however, requires that recreational uses.meet three criteria before being approved in an agricultural area: the use must be compatible with any agricultural activity or existing residential use in the area, the use must not require the extension of sewer or water, and all potential conflicts must be mitigated to.the satisfaction of the County. (Id. at pg. 202.) As.examples of recreational uses which will be subject to these criteria, the County mentions "bed and breakfasts" and "campgrounds." If trails are permitted, the same criteria would apply. Accordingly, a trail system must satisfy the approval requirements and be compatible with any agricultural activity or existing residential use in the area. In defense of its proposal, the District may focus on the relatively low impact of a trail system which requires no permanent improvements. Moreover, the potential intrusiveness of the operation might be mitigated to the County's satisfaction. If you have any further questions, or need further assistance, please do not hesitate to call myself or Rebecca Dell Sheehan at 916-561-5667.
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