County supervisors considering multiple emergency ordinances
5th District Supervisor Debbie Arnold.
Letter from District 5 County Supervisor Debbie Arnold
–There is a lot going on in local county government lately, and public outcry is driving a trend toward emergency regulation. The ability to enact emergency ordinances is a tool in our tool box that I believe was created for true emergencies. Imagine if an earthquake crumbled Highway 101 on the Cuesta Grade. It would need to be repaired immediately without waiting for permits and an emergency ordinance would be appropriate.
The lengthy process we go through to include public comment and insure the all laws are being followed is critical to an orderly government and economy. I believe proposed legislation should take into consideration the ability for all property owners to use their property for what it was intended for. For example, if someone bought a one-acre property and planned to build a home when they retired, then five years later when they began the building process they found the rules had changed and their property was no longer zoned for their use, it would be problematic. There needs to be process and some certainty in local rules and regulations to protect people’s investment.
That being said, we at the San Luis Obispo County Board of Supervisors (BOS) are finding ourselves being asked to act with urgency action more often than ever before. We saw it with water use in the North County. We are seeing it now with the ability to remove trees on private property, and we are discussing it to deal with marijuana grows moving into the eastern part of the county. Emergency ordinances take effect immediately, but are temporary and need to be replaced with a well thought out permanent ordinance.
Emergency ordinances can last up to two years, so even though they are temporary, it is important to think through all of the consequences of enacting them.
As mentioned, the BOS is contemplating ordinances that will restrict removal of trees, including native oaks. The vast majority of healthy oak tree removal is seen during conversion of rangeland to other uses. As we go forward the challenge will be restricting the clear cutting of healthy native oaks, while still allowing for the management of native oaks on our vast rangelands. The long drought cycle has killed or weakened many of our native trees, and the ability to remove these trees will be very important for the health of the surviving trees in the future.
The BOS is also working on a permanent ordinance to address the cultivation, distribution, and sale of marijuana. This is challenging with state laws changing, but with the expectation of full legalization of marijuana before the end of the year, having local rules in place will be important. Unfortunately, ahead of any zoning regulations there has been an influx of growing in the eastern part of the county. In an effort to address this situation, the supervisors will be discussing an urgency ordinance that will restrict cultivation in certain areas of the county while we complete the permanent ordinance.
Even though these issues are being dealt with by enacting quick emergency regulation, I do believe the longer orderly process of enacting permanent ordinances will, in the long run, provide thoughtful rules and place development activities in properly zoned areas, allowing for more certainty for the investment property owners make.
If you have any thoughts on these issues or others, please feel free to contact me at (805) 781-4339. It is an honor to serve as the Fifth District Supervisor.
-Supervisor Debbie Arnold
