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Sutter County issues report on interim hemp moratorium after heated public comments and assurances of further meetings

Sutter County Board of Supervisors · January 14, 2025
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Summary

The Sutter County Board of Supervisors voted to issue the written report required for an interim moratorium on industrial hemp cultivation, keeping options open for ordinance changes. Growers warned of lost investments and jobs; residents raised odor and safety concerns. The board said it will meet with growers before the next hearing.

The Sutter County Board of Supervisors on the floor of its meeting voted to issue the written report documenting findings under the county's interim urgency ordinance that temporarily halts industrial hemp cultivation in unincorporated areas.

CAO Steve Smith read the required findings and data, telling the board that six registered hemp growers hold roughly 197.6 outdoor acres and 67 hoop houses in the county, with four of the six licensees currently subject to corrective-action plans. Smith said the department's books show $557,604 in expenditures against $141,777 in revenue since 2019, producing a cumulative shortfall "just over $400,000." He stated that the department is holding two positions open and that enforcement-related costs (including county counsel, code enforcement, sheriff's office and fire) are not reimbursable under the county's contract with the California Department of Food and Agriculture (CDFA).

Why it matters: Issuing the written report is the procedural step that keeps the moratorium on the county's books and preserves the board's ability to modify or extend the ordinance at the next meeting. County counsel warned that if the board declined to issue the report the current moratorium would lapse and the county would have to start the interim-ordinance process anew.

Growers and allied farmers asked the board for alternatives to a ban. Luke Wilson, who described himself as "the largest registered hemp farmer in Sutter County," said his operation employs "over 50 full-time local employees" and has negotiated contracts with processors that would bring millions of dollars into the county. "If the board of supervisors intends to proceed with a ban on hemp cultivation," Wilson said, "I respectfully urge you to consider an alternative, a fee-based conditional use permit with reasonable minimum requirements that could allow farmers the opportunity to comply while generating funds to support the Agriculture Commissioner's Office in regulating this commodity." Justin, another farmer, described repeated financial losses operating hemp since 2019 and urged open communication and a permitting pathway rather than an outright ban.

Residents and other speakers described nuisance impacts. A retired Navy officer testified that when hemp bloomed his neighborhood and the local high school "smelled like dope" for months, forcing windows shut and air filters to run. Vice Chair Supervisor Ziegenmeyer said he regularly receives calls from constituents reporting an "awful smell" and broken hemp plant material on public trails.

On enforcement and public safety, Sheriff Barnes told the board that calls related to hemp were higher when the ordinance was first enacted and that the department saw some violent incidents in particular grow areas early on, but that those calls have reduced and recently have not had a significant operational impact.

Board action and next steps: Supervisor Ziegenmeyer moved to issue the written report and Supervisor Stevens seconded. The board recorded Supervisors Flores, Ziegenmeyer, Baines and Stevens as voting "Aye" and carried the motion; the clerk will work with growers to schedule meetings with county staff and supervisors in the coming weeks. County counsel and CAO staff reiterated that issuing the written report preserves the board's option to extend or revise the interim ordinance before its expiration.

Meeting context and procedure: The interim urgency ordinance (No. 17-28) was adopted on Dec. 17, 2024 and takes immediate effect; the statute cited in staff materials was Government Code section 65800, which governs interim zoning ordinances adopted in response to current conditions. Smith's written report summarized enforcement history since 2019 (five revoked registrations, 23 notices of violation/abatement) and described the county's current fiscal exposure for administering and enforcing hemp-related regulatory activity.

The board emphasized it will meet with growers, the sheriff's office and ag department staff before any ordinance extension or amendment is considered at the next board meeting.