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Josephine County bans rural residential pot grows Saturday Dec 9, 2017 at 12:41 AM Dec 9, 2017 at 12:41 AM By Shaun Hall of the Daily Courier After months of debate and rancor, Josephine County belatedly joined the ranks of its neighbors in Southern Oregon by banning commercial marijuana farming on rural residential lots of 5 acres or less. What comes next is a bit of a guess. The new rules, which also reduce the size of marijuana farms on larger parcels in rural residential zones, were approved Wednesday by the county Board of Commissioners, following months of meetings and intense lobbying. The ban comes after a protracted green rush that took advantage of the county's lax code enforcement structure and invigorated the local economy. It began after Oregon voters legalized recreational marijuana in 2014. When the new rules will take effect and what that effect will be is in question. Opponents have been threatening a lawsuit or an appeal to the Oregon Land Use Board of Appeals. They also could gather signatures and force a public vote to overturn the new rules. However, a group led by real estate interests in Grants Pass is considering a ballot measure that could be even more restrictive than the county's newly rules, which are due to take effect in 90 days. Both sides are unhappy. Both have big investments. Growers say their industry means jobs and that the new rules won't get rid of the main problem: growers who operate illegally. Josephine County has more than 3,000 registered medical marijuana grow sites, second only to Jackson County in Oregon, and county officials estimate there may be thousands more here illegally. Meanwhile, neighbors say the industry wrecks their quiet country lifestyle. The region has been a mecca for retirees from California for decades. Josephine County is more than a year behind several neighboring counties, including Jackson, Douglas and Klamath, in restricting commercial marijuana farming in residential zones. Jackson County's restrictions allowed already established growers to obtain a waiver to allow continued operations. In contrast, several growers in Josephine County contend they followed the rules and put marijuana farms in place in residential areas only to now have the rules change. Commissioners Dan DeYoung and Lily Morgan voted for the ordinance. Commissioner Simon Hare recused himself because his family owns farmland in the Illinois Valley that could become more valuable due to the new restrictions. Afterwards, commercial grower Aaron Gerk wondered what was ahead for his $250,000 marijuana farm. DeYoung told him he might want to apply for an exception to the rules. Gerk owns a 3.1-acre farm newly licensed by the Oregon Liquor Control Commission for the recreational retail market. It is on land near Wilderville zoned rural residential. "This is designed for you," DeYoung told him, refering to the new ordinance and suggesting he apply for the exception, or variance. "There's no guarantee I still have future," Gerk said. "I have no idea where my future goes." After his discussion with DeYoung, Gerk said he was headed to a meeting of growers to discuss legal options. The board vote was somewhat anticlimactic. Only a few growers and concerned citizens were in the audience at the Basker Auditorium, compared with a packed house of about 150 concerned growers and irate neighbors last week, when commissioners took hours of testimony before delaying deliberations. The new rules include: • Hours of operation for a commercial marijuana farm were set at 7 a.m. to 7 p.m., rather than dawn to dusk; • Allowable levels of sustained noise, as measured at the property line, was set at 50 decibels, up from 30; • Leasing of land for a commercial marijuana farm was allowed. The stated aim of the new legislation is to appease residential neighbors, who have complained about the smell, fences and illegal camping at some marijuana farms. Also, many expressed concerns about growers selling to the black market. Besides the ban on rural residential lots of 5 acres and smaller, the new ordinance limits the size of commercial marijuana grow sites on rural residential lots larger than 5 acres. The maximum size is now 5,000 square feet of plant canopy, down from 40,000 square feet. Other provisions of the new ordinance require commercial growers to obtain a permit and submit to annual compliance inspections. Grow areas must be set back at least 100 feet from property lines. Under the new rules, "commercial" is defined as anyone growing in excess of 12 mature plants. That includes medical marijuana grow sites, of which there are thousands in the county. The new rules are limited to land zoned rural residential. Marijuana farming is still allowed on land zoned EFU — i.e. exclusive farm use — as well as resource lands. The Board of Commissioners previously adopted other regulations affecting marijuana farms, including restrictions on lighting and the outlawing of plastic and tarp fences. The county is using marijuana tax proceeds to fund an additional code enforcement officer, a land-use attorney and a deputy to focus on marijuana-related violations.