ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE
ADDING A NEW CHAPTER TO THE MARYSVILLE MUNICIPAL CODE
ESTABLISHING REGULATIONS FOR PRESCRIBED GRAZING FOR
VEGETATION MANAGEMENT
WHEREAS, the City of Marysville owns and maintains green space areas, including floodplain and river-bottom lands located on the river side of levees, where ongoing vegetation management is necessary to reduce weeds and excessive vegetation, manage fire hazards, maintain flood conveyance, protect public property, and support environmental stewardship; and
WHEREAS, prescribed grazing using goats, sheep, or mixed herds can provide an effective vegetation management tool and an alternative or supplement to mechanical mowing, chemical treatment, and other vegetation management methods; and WHEREAS, the effectiveness of goats and sheep for vegetation management varies depending upon the type of vegetation targeted, site conditions, grazing intensity, and management objectives; and
WHEREAS, the City Council desires to establish a permit-based regulatory framework allowing prescribed grazing on designated City-owned green space while protecting public health and safety, water quality, flood control facilities, sensitive habitat, neighboring properties, and animal welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE DOES ORDAIN AS FOLLOWS:
SECTION 1. ADDITION OF NEW CHAPTER.
A new chapter is hereby added to the Marysville Municipal Code to read as follows, with the chapter and section numbering to be determined by the City Attorney and Code Publisher:
CHAPTER .
PRESCRIBED GRAZING FOR VEGETATION MANAGEMENT
§ ..010 Purpose and Intent.
The purpose of this chapter is to authorize and regulate the temporary and controlled use of goats, sheep, or mixed herds for targeted weed reduction, vegetation management, fuel reduction, invasive plant control, habitat management, and other approved vegetation management purposes within designated City-owned green space areas.
Prescribed grazing authorized pursuant to this chapter constitutes a vegetation management and property maintenance activity and shall not be construed as authorization for permanent livestock keeping, animal husbandry, agricultural use, or a change in land use.
§ ..020 Applicability.
A. Prescribed grazing shall be permitted only within City-owned green space areas identified and approved by the City Manager or designee.
B. No prescribed grazing activity shall occur without issuance of a Prescribed Grazing Permit pursuant to this chapter.
C. Prescribed grazing shall be conducted only within the area approved by the City and in accordance with the approved grazing management and rotation plan and all conditions of the permit.
D. Nothing in this chapter shall authorize grazing on property owned or controlled by another public agency or private party without the approval of the property owner or agency having jurisdiction.
E. Nothing in this chapter shall supersede or eliminate any permit, authorization, or regulatory requirement imposed by a federal, state, regional, or local agency having jurisdiction over the property or activity.
§ ..030 Definitions.
For purposes of this chapter, the following definitions shall apply:
“Active Grazing Area” means the portion of an approved grazing site that is fenced, contained, and occupied by grazing animals at any given time. “Approved Grazing Site” means City-owned green space approved by the City Manager or designee for prescribed grazing pursuant to this chapter. “Mixed Herd” means the combined use of goats and sheep within an approved prescribed grazing operation.
“Permittee” means the individual, contractor, organization, entity, or public agency authorized by the City to conduct prescribed grazing pursuant to an approved permit. “Prescribed Grazing” means the temporary, controlled, and managed use of goats, sheep, or a combination thereof to achieve specific vegetation management objectives, including targeted weed reduction, weed abatement, fuel reduction, invasive plant control, habitat management, or other vegetation management purposes approved by the City. “Rotation Area” means an identified portion of an approved grazing site used as part of a rotational grazing plan.
§ ..040 Permit Required.
A. A Prescribed Grazing Permit issued by the City shall be required before animals may be placed on City property for prescribed grazing.
B. The City Manager or designee is authorized to approve, condition, modify, suspend, or revoke a Prescribed Grazing Permit in accordance with this chapter.
C. The City Manager or designee may impose conditions necessary to protect:
1. Public health and safety;
2. Flood conveyance and flood control functions;
3. Water quality;
4. Soil and bank stability;
5. Sensitive vegetation, wildlife, and habitat;
6. Public access and City facilities;
7. Adjacent properties and land uses;
8. Animal health and welfare; and
9. Other public resources or interests.
D. The permit may specify or modify approved animal species, herd composition, stocking rates, active grazing areas, rotation schedules, grazing periods, exclusion areas, buffers, fencing requirements, and other operational requirements based upon sitespecific conditions and vegetation management objectives. § ..050 Permit Application Requirements.
An application for a Prescribed Grazing Permit shall include, at a minimum:
A. The name and contact information of the applicant and a 24-hour emergency contact; B. Identification and description of the proposed grazing site; C. A site map identifying:
1. Total available acreage;
2. Proposed active grazing areas;
3. Proposed rotation areas;
4. Waterways and water features;
5. Levees and flood control facilities;
6. Known sensitive vegetation or habitat areas; and
7. Other site features determined relevant by the City.
D. The proposed species, herd composition, and number of animals; E. The proposed stocking rate;
F. A grazing schedule and rotation plan;
G. A grazing management plan demonstrating compliance with applicable duration, rotation, and rest requirements;
H. A fencing and containment plan;
I. A description of water, shade, animal monitoring, and other animal welfare measures; J. Proof of insurance meeting City requirements;
K. Any additional information reasonably required by the City Manager or designee to evaluate the proposed grazing operation.
§ ..060 Active Grazing Area, Species Selection, and Stocking Rates.
A. Maximum Active Grazing Area.
At any given time, prescribed grazing shall occur on no more than five (5) acres of an approved grazing site, unless a larger active grazing area is expressly approved by the City Manager or designee based upon site-specific conditions, vegetation management objectives, operational needs, and the ability to protect public and environmental resources.
B. General Stocking Rate.
Unless otherwise approved by the City Manager or designee, the number of animals shall not exceed ten (10) animals per acre of active grazing area.
C. Total Site Acreage.
The maximum active grazing area limitation shall apply to the area actively occupied by animals at any given time and shall not limit the total acreage that may be included within an approved rotational grazing site.
D. Species Selection and Stocking Adjustment.
Prescribed grazing may consist of goats, sheep, or mixed herds, as approved by the City Manager or designee.
The City Manager or designee shall determine the appropriate species or combination of species based upon the targeted vegetation, site conditions, seasonal conditions, and vegetation management objectives.
The City Manager or designee may establish or adjust stocking rates, herd composition, active grazing area size, grazing duration, and grazing methods as necessary to achieve effective vegetation management while preventing overgrazing, excessive soil disturbance, erosion, damage to desirable vegetation, or other adverse impacts. § ..070 Grazing Duration, Rotation, and Rest.
A. No individual acre shall be actively grazed for more than fourteen (14) consecutive days unless a different grazing period is approved by the City Manager or designee based upon site conditions and vegetation management objectives.
B. Grazing shall be conducted using a rotational grazing approach whereby animals are periodically moved among identified rotation areas within the approved site.
C. A minimum rest period of thirty (30) days shall be provided before animals return to the same acreage unless a different rest period is approved by the City Manager or designee based upon vegetation conditions, seasonal factors, and management objectives.
D. Continuous or permanent grazing of the same area is prohibited.
E. Prescribed grazing may occur throughout the year provided the approved site contains sufficient acreage to support adequate rotation and all requirements of this chapter and the permit are satisfied.
§ ..080 Rotation Adequacy.
A. The total acreage available for prescribed grazing shall be sufficient to support the proposed number of animals and grazing schedule while providing adequate rotation and recovery of previously grazed areas.
B. Where the total available acreage is insufficient to support continuous grazing while maintaining required or approved rest periods, grazing shall be conducted on a seasonal or intermittent basis.
C. The City Manager or designee may require modification of:
1. Grazing schedules;
2. Stocking rates;
3. Herd composition;
4. Active grazing area size;
5. Rotation areas;
6. Rest periods; or
7. Other operational practices
when necessary to maintain adequate rotation or prevent overgrazing, soil disturbance, erosion, vegetation damage, or other adverse impacts.
§ ..090 Floodplain and Water Quality Protection.
A. Prescribed grazing within floodplain and river-bottom areas shall be conducted in a manner that protects water quality, maintains flood conveyance capacity, minimizes erosion, and protects the integrity of waterways and drainage facilities.
B. Grazing shall not occur during flood events or when soils are saturated to the extent that grazing activities could reasonably cause excessive soil disturbance, erosion, or water quality impacts.
C. Animals shall be excluded from the active wetted channel and other water features as required by the City Manager or designee.
D. The City Manager or designee may require setbacks, buffers, or exclusion areas from waterways, wetlands, riparian areas, drainage channels, or other environmentally sensitive areas as necessary to:
1. Protect water quality;
2. Prevent erosion;
3. Protect bank stability;
4. Protect sensitive vegetation or habitat; or
5. Comply with applicable regulatory requirements.
E. Required setbacks, buffers, and exclusion areas may vary based upon site conditions, vegetation, slope, soil conditions, seasonal hydrology, proximity to waterways, and environmental sensitivity.
F. The City Manager or designee may require seasonal restrictions, advance removal of animals, or temporary suspension of grazing activities in anticipation of forecasted storm or flood events or other conditions that may create a risk to water quality, public safety, or flood control functions.
G. The City may suspend grazing activities at any time when necessary to protect water quality, flood conveyance, flood control facilities, environmental resources, or public safety.
§ ..100 Sensitive Vegetation and Habitat Protection.
A. Prescribed grazing shall be conducted in a manner that avoids or minimizes damage to sensitive vegetation, wildlife habitat, and environmentally sensitive areas.
B. The City Manager or designee may require buffers, exclusion areas, temporary protective fencing, or other protective measures around sensitive vegetation or habitat.
C. Protective measures may specifically be required for elderberry shrubs and associated habitat supporting protected species.
D. The Permittee shall comply with all applicable federal, state, regional, and local environmental requirements.
E. Issuance of a Prescribed Grazing Permit shall not relieve the Permittee from obtaining any other authorization or approval required by an agency having jurisdiction over sensitive species, habitat, wetlands, waterways, or other environmental resources. § ..110 Grazing on Levees and Flood Control Facilities.
A. Prescribed grazing on levees, levee slopes, levee crowns, within levee rights-of-way, or on other flood control facilities is prohibited unless explicitly approved in writing by the applicable levee owner, levee-maintaining agency, or other agency having jurisdiction.
B. Issuance of a Prescribed Grazing Permit by the City shall not constitute authorization to graze on a levee or flood control facility under the ownership, control, or jurisdiction of another agency.
C. The Permittee shall comply with all conditions imposed by an applicable levee or flood control agency.
§ ..120 Insurance and Indemnification.
A. The Permittee shall maintain commercial general liability insurance in amounts and forms approved by the City.
B. Unless otherwise approved by the City’s Risk Manager or other authorized representative, minimum commercial general liability limits shall be:
1. One Million Dollars ($1,000,000) per occurrence; and
2. Two Million Dollars ($2,000,000) aggregate.
C. The City of Marysville, its officers, officials, employees, agents, and volunteers shall be named as additional insureds in a form acceptable to the City.
D. The Permittee shall indemnify, defend, and hold harmless the City, its officers, officials, employees, agents, and volunteers from claims, liabilities, losses, damages, and expenses arising from or related to the Permittee’s prescribed grazing activities, except to the extent otherwise prohibited by law.
E. The City may establish additional insurance or risk management requirements as conditions of a permit based upon the nature and location of the proposed grazing operation.
§ ..130 Animal Health and Welfare.
A. All animals used for prescribed grazing shall be in good health and free from communicable diseases that may reasonably pose a risk to other animals or the public.
B. The Permittee shall provide adequate potable water appropriate to the number and species of animals.
C. Shade or other protection from weather conditions shall be provided when reasonably necessary for animal health and welfare.
D. Animals shall be monitored at least daily and with such additional frequency as required by site conditions or the permit.
E. Sick, injured, distressed, or deceased animals shall be promptly treated or removed from the site, as appropriate.
F. The Permittee shall comply with all applicable animal welfare laws and regulations. § ..140 Containment, Safety, and Signage.
A. Animals shall be securely contained within the approved active grazing area at all times.
B. Temporary fencing, including electric fencing, may be used when properly installed, maintained, and clearly marked.
C. Fencing and other grazing equipment shall not:
1. Create an unreasonable public safety hazard;
2. Obstruct public rights-of-way;
3. Unreasonably interfere with approved public access; or
4. Damage City facilities or property.
D. The City Manager or designee may require additional fencing, barriers, livestock guardian animals, supervision, or other containment measures based upon site conditions.
E. Warning or informational signage shall be posted at visible access points as required by the City.
F. Required signage shall include a 24-hour emergency contact number.
G. Escaped animals shall be retrieved immediately.
§ ..150 Good Neighbor Requirements.
A. Prescribed grazing shall be conducted in a manner that reasonably minimizes impacts to adjacent properties and the public, including excessive noise, odor, dust, visual impacts, and interference with public use.
B. The Permittee shall promptly respond to public inquiries or complaints related to the grazing operation.
C. Animal loading, unloading, feeding, watering, and other support activities shall be conducted in a manner that minimizes impacts to surrounding properties and public areas.
D. The City Manager or designee may impose additional operational conditions when necessary to address neighborhood compatibility, public access, or nuisance conditions.
E. Grazing activities may be modified, suspended, or terminated if the City determines that the operation constitutes a public nuisance, creates a safety concern, or results in unreasonable impacts.
§ ..160 Permit Fees, Term, and Renewal.
A. Permit Processing Fee.
An application for a Prescribed Grazing Permit shall be subject to a permit processing fee established by resolution of the City Council and included in the City’s Master Fee Schedule.
B. Permit Term.
A Prescribed Grazing Permit shall be valid for a period of one (1) year from the date of issuance unless a shorter permit term is established by the City Manager or designee based upon site-specific conditions.
C. Annual Renewal.
Continued prescribed grazing beyond the permit term shall require annual renewal, payment of the applicable renewal processing fee, and demonstration of continued compliance with this chapter and all permit conditions.
D. Fee Waiver.
The City Manager or designee may waive or reduce a permit processing or renewal fee upon a written determination that the waiver or reduction is in the best interest of the City.
§ ..170 Inspection, Enforcement, Suspension, and Revocation.
A. The City Manager or designee may inspect an approved grazing site at reasonable times to determine compliance with this chapter and permit conditions.
B. The City Manager or designee may require immediate corrective action when a grazing operation:
1. Violates this chapter;
2. Violates a permit condition;
3. Creates a public health or safety hazard;
4. Threatens water quality or flood control functions;
5. Causes excessive erosion, overgrazing, or environmental damage;
6. Threatens sensitive vegetation or habitat;
7. Results in inadequate containment of animals; or
8. Otherwise creates conditions inconsistent with the purposes of this chapter.
C. The City Manager or designee may modify, suspend, or revoke a permit when the Permittee fails to correct a violation or when immediate action is necessary to protect public health and safety, City property, flood control functions, water quality, environmental resources, or animal welfare.
D. Upon suspension or revocation of a permit, the Permittee shall remove all animals and equipment from City property within the time specified by the City.
E. The remedies provided by this section are cumulative and shall not limit the City’s authority to pursue any other remedy available by law.
§ __.180 Administrative Implementation.
The City Manager or designee is authorized to adopt and administer procedures, permit applications, forms, checklists, standard permit conditions, and other administrative requirements necessary to implement this chapter, provided such requirements are consistent with this chapter and applicable City Council policy.
SECTION 2. CEQA.
The City Council finds that adoption of this Ordinance is not a project subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378(b)(5), because the Ordinance establishes a regulatory and administrative framework governing the temporary use of grazing animals for vegetation management purposes and does not, by itself, authorize any specific grazing activity or result in a direct or reasonably foreseeable indirect physical change in the environment.
Alternatively, to the extent adoption of this Ordinance is considered a project under CEQA, the City Council finds that the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that adoption of the regulatory framework itself will not result in a significant effect on the environment.
The City Council further finds that individual prescribed grazing activities authorized pursuant to this Ordinance may qualify for categorical exemptions under CEQA Guidelines Sections 15301 and 15304. The applicability of CEQA and any exemption to an individual prescribed grazing activity shall be determined through the City’s administrative permit and review process, as applicable, including consideration of the exceptions set forth in CEQA Guidelines Section 15300.2.
Accordingly, adoption of this Ordinance is not subject to further environmental review under CEQA.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions are declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 5. PUBLICATION.
The City Clerk shall cause this Ordinance, or a summary thereof, to be published in accordance with applicable law.
PASSED AND ADOPTED by the City Council of the City of Marysville at a regular meeting held on the ___ day of ________, 20, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: _______________________________
Maggie Sanchez, City Clerk
Attestation Date:______________________
City of Marysville, California
By its City Council
By: ___________________________
Chris Branscum, Mayor
Approved as to form
By: ____________________________
Brant Bordsen, City Attorney