WPA and the Vineyard Ordinance

Last updated 2/10/01.

After a long period of massaging by County Counsel, the vineyard ordinance, as implemented, fell short of the goals put forth by the Watershed Protection Alliance (WPA) coalition.

Articles below (listed in order of most recent first) provide a history and implemenation of the WPA initiative:

Controversial vineyard ordinance approved 
Environmentalists say it isn't enough

© Feb. 2, 2000 Press Democrat
By TIM TESCONI

Sonoma County supervisors on Tuesday unanimously approved the long-debated vineyard ordinance as a "first step'' in addressing environmental issues related to wine grape production.

But environmentalists, unhappy with the ordinance, said more laws are needed to put the regulatory brakes on an industry that is out of control in Sonoma County.

"If this is a first step, let's make sure there is a second step,'' said Mark Green, executive director of Sonoma County Conservation Action, the county's largest environmental organization. 

Supervisors approved the Vineyard Erosion and Sediment Control Ordinance following a two-hour public hearing that drew more than 200 people. It was the fifth public hearing on the vineyard law, which has been under public discussion since 1998.

"We never envisioned that it would take until the year 2000 to get this approved,'' said Supervisor Mike Cale, who cast his vote of support. 

Board Chairman Mike Reilly also joined fellow supervisors in approving the ordinance even though he had qualms about the final language, which was crafted by legal counsel to keep vineyard planting from coming under the jurisdiction of the California Environmental Quality Act. 

"I look at this ordinance as a first step. In terms of public policy it's far from perfect, but it will help to keep sediment from going into impaired waterways,'' Reilly said.

Although the vineyard ordinance was tentatively approved in the fall, the county's legal staff has been working on the final language for six months. It will be formally adopted Tuesday and go into effect 30 days later. Meanwhile, an emergency ordinance and moratorium is in place that prohibits vineyard development in Sonoma County.

It was standing room only at Tuesday's hearing. More than three dozen people spoke, either praising the ordinance as a workable law that will prevent soil erosion or blasting it as a "sellout'' to the county's $1 billion wine industry.

"This board has been bought by the wine industry,'' said Rita DeSouza of the Ad Hoc Committee for Clean Water, who denounced the ordinance as a public relations ploy for grape growers and vintners. She said the ordinance does nothing to protect water and wildlife from toxic pesticides sprayed in vineyards.

Growers and vintners, wearing green badges with a grape cluster, packed the supervisors chambers and pushed for the ordinance's approval. They said it was time to move ahead so they can make farming plans for the future. 

"Two years ago, the industry and environmentalists began meeting and came up with a workable ordinance. I ask you to pass it so we can get on with our work,'' said Peter Haywood, president of the Sonoma Valley Vintners and Growers Alliance.

Haywood said grape growers don't relish complying with the "2-inch stack of regulations'' in the ordinance, but they are keeping their part of the agreement. Grape growers joined in drafting the ordinance after groups such as the Sierra Club raised concerns about environmental problems as vineyards rapidly expanded into the county's woodlands and forests. 

The soaring demand for Sonoma County wines is driving an unprecedented expansion in vineyard acreage. There are now nearly 50,000 acres of vineyards in Sonoma County, with about 2,000 acres added annually in recent years.

But environmentalist and growers who worked on the ordinance parted ways when supervisors ordered changes to keep the ordinance from coming under the California Environmental Quality Act, the state's sweeping environmental law. The major change was to remove any discretionary authority by county officials, which legal experts said would trigger CEQA. 

If new vineyards come under CEQA, it could require environmental review of any new vineyard planting project. Growers said that would be troublesome, costly and time-consuming.

Supervisor Paul Kelley, a staunch supporter of the county's agriculture industry, said he would never vote for an ordinance that would force CEQA on farmers.

"It would be a horrendous precedent to make agricultural operations contingent on CEQA approval,'' Kelley said. 

According to the plan approved Tuesday, erosion plans for hillside vineyards will win basic county acceptance if they are prepared or approved by a civil engineer or other professional on a list approved by the county. 

Environmentalists protested, saying such a move takes oversight for erosion control plans out of the public domain and puts it in the hands of people hired by growers.

Green of Conservation Action said his organization could not support that portion of the ordinance. The Sierra Club said it could not support the ordinance at all because of its attempt to circumvent CEQA. 

DeSouza and other environmentalists said CEQA should have oversight when vineyards are proposed on Sonoma County hillsides. 

DeSouza said concerned citizens will seek further regulations on wine grape growing by taking their case to voters through a ballot measure. 

Citizen groups such as the Town Hall Coalition have formed in Occidental and Sonoma to address vineyard expansion and some grape growing practices. 

"The Town Hall Coalition believes that the rights of Sonoma County residents should be treated as equal to -- if not greater than -- the rights of large corporate landowners with respect to toxic chemicals, aesthetics and quality of life,'' said Kimberly Burr of the Town Hall Coalition. 

(C) 2000 The Press Democrat

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NOTICE: In accordance with Title 17 U.S.C., section 107, some material is provided without permission from the copyright owner, only for purposes of criticism, comment, scholarship and research under the "fair use" provisions of federal copyright laws. These materials may not be distributed further, except for "fair use," without permission of the copyright owner. For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml

County vote on vineyard law likely
Changes divide historic alliance

© Jan. 31, 2000 Press Democrat
By TIM TESCONI

Environmentalists and grape growers are divided over the final version of Sonoma County's vineyard ordinance, unraveling the mutual support both sides hailed after joining in a historic alliance to draft the landmark law.

Grape growers say the Vineyard Erosion and Sediment Control Ordinance is a good law and should be approved when it comes before supervisors Tuesday. They said it will prohibit vineyards on the steepest slopes, curb soil erosion on newly planted hillsides and protect wooded lands along waterways from grape growing activities.

Environmentalists say recent revisions have weakened the ordinance by putting regulatory oversight for hillside vineyard development into the hands of civil engineers or other professionals paid by growers. 

"What it comes down to is an ordinance that is good for the grower and his business, not what's good for the environment,'' said Mark Green, executive director of Sonoma County Conservation Action, the county's largest environmental organization.

The original ordinance gave the county's agricultural commissioner, an unbiased third party, the power to approve or deny erosion control plans on hillside vineyards. Now erosion plans for hillside vineyards will win basic county acceptance if they are prepared or approved by carefully-screened professionals hired to do the work. The agricultural commissioner would verify that the plan was properly prepared. 

Nick Frey, executive director of the Sonoma County Grape Growers, said the ordinance goes a long way toward forcing landowners to do the right thing so that soil sediment doesn't wash into waterways -- the ordinance's main goal.

"We want the ordinance to pass because we made a commitment and we are going to uphold that commitment,'' he said. "The revised ordinance captures all the terms of the original ordinance and exceeds it in many ways.'' 

Frey asked who is better qualified to certify erosion control plans than licensed engineers and other soil professionals educated in preventing erosion on hillsides.

"You hire an accountant to prepare your taxes, don't you? It comes down to trusting people and their professional integrity,'' he said. 

Another -- and perhaps the final -- hearing on the vineyard ordinance is at 2:15 p.m. Tuesday in the county supervisors chambers. The ordinance, first discussed more than two years ago, is the first attempt at regulating vineyard development in Sonoma County.

Supervisor Mike Reilly, chairman of the board, said he will push for a vote on the new vineyard laws at Tuesday's hearing, ending months of discussion and fine-tuning of legal language.

"The board needs to bite the bullet Tuesday and make a decision one way or the other on this ordinance,'' Reilly said. He said the vote may not be unanimous but the wine industry and the public deserve closure on this long-debated issue.

Environmentalists and growers agree that if the ordinance is put to a vote, it will pass because a majority of supervisors support it. Although tentatively adopted Oct. 1 after a series of public hearings, the ordinance has been rewritten, revised and discussed at public meetings in November and December.

"We've massaged this thing about as much as we can,'' Reilly said. 

Since last fall a moratorium has been placed on new vineyards until the supervisors approve the ordinance's final wording. The emergency ordinance expires Feb. 8. Supervisors could renew the emergency ordinance if the vineyard ordinance is not adopted at Tuesday's meeting. 

Community activist Lynn Hamilton, founder of the Town Hall Coalition, said if the ordinance does pass it is only a "first step'' in further regulating new vineyards and grape growing practices in Sonoma County. The Town Hall Coalition, specifically formed to address vineyard expansion, is pushing for the reduction of vineyard pesticides and the protection of ground water, wildlife habitat, watersheds and the county's natural landscape. 

"I would like to see some cutting edge vineyard laws that will put Sonoma County on the map. We can lead the way,'' Hamilton said. 

Growers and environmentalists who worked together on the vineyard ordinance parted ways over carefully-crafted language designed to keep the ordinance from coming under the jurisdiction of the California Environmental Quality Act, or CEQA. If new vineyards come under CEQA, it could require environmental review of any new vineyard planting project. Growers said that would be troublesome, costly and time-consuming. 

"CEQA jurisdiction would open the door to frivolous challenges by neighbors. Vineyard projects could be tied up in court for a long time,'' Frey said. "Time is money in this atmosphere.'' 

Green is critical of the county's extraordinary attempts to go around CEQA, which he said should be involved when huge vineyard projects are proposed on woodlands and forests with ecologically sensitive wildlife habitats and watersheds.

"There's been a strange sort of dance to go around CEQA,'' Green said. He said the board of Conservation Action is deciding whether it will give provisional support to the ordinance or oppose it. He said the environmental community is united in seeking stronger regulations on vineyard development.

"It's pretty clear we have to work together for real regulation of the industry. If we have to do it at the ballot box, that's what we will do,'' Green said.

Reilly said he's torn about whether to support the vineyard ordinance. On one hand he fears efforts to insulate the ordinance from legal challenges has pushed it in a direction that weakens its ability to effectively regulate hillside vineyard plantings.

But, he said, a weak ordinance may be better than no ordinance at all. 

"Without this ordinance we have nothing,'' Reilly said. 

There are nearly 50,000 acres of vineyards in Sonoma County, with several thousand acres added annually because of the soaring demand for the county's wines.

Green said the rush to start vineyard projects before the vineyard ordinance was tentatively adopted Oct. 1 shows that the industry is out of control.

County officials report 486 vineyard projects, totaling 8,630 acres, were started before Oct. 1 and now exempt from the vineyard ordinance. Those vineyard projects are spread throughout Sonoma County but the highest concentration is in the West County where apple orchards are being converted to wine grapes.

Agricultural officials said it's human nature to avoid the regulatory hoops and fees imposed by the vineyard ordinance. 

Under the ordinance, any landowner planning to plant grapes -- even on flat ground -- would have to register with the county agricultural commissioner and pay a fee. Fees range from $150 to $2,500 depending on the size of the vineyard and the slope of the land.

Changes in the original ordinance were ordered by county supervisors concerned that the measure would force new vineyards to come under CEQA. 

The original language in the ordinance gave the agricultural commissioner the power to approve or deny erosion control plans submitted to his office. That kind of discretionary authority amounts to a permit process, which makes vineyard planting subject to environmental review, according to the Sierra Club.

The Sierra Club last year filed a lawsuit in Napa County Superior Court seeking to force Napa County to require full-blown environmental impact reports on practically any hillside vineyard project. The case is still pending.

The basis for the lawsuit was Napa's hillside vineyard ordinance, adopted in 1991, and the discretionary authority it gives to Napa County's planning department.

That ordinance was used as the model when environmentalists and growers worked together to develop an ordinance to regulate hillside vineyards in Sonoma County.

After the lawsuit in Napa, supervisors in Sonoma County ordered county counsel to rewrite the ordinance to avoid the kind of lawsuit that could trigger CEQA oversight when new vineyards are planted. 

(C) 2000 The Press Democrat

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NOTICE: In accordance with Title 17 U.S.C., section 107, some material is provided without permission from the copyright owner, only for purposes of criticism, comment, scholarship and research under the "fair use" provisions of federal copyright laws. These materials may not be distributed further, except for "fair use," without permission of the copyright owner. For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml

"Shocking' rush to beat vineyard law
Growers start 9,000 acres before ordinance takes effect

© January 15 , 2000 Press Democrat
By Tim Tesconi

Nearly 500 vineyard development projects, totaling almost 9,000 acres, will be exempt from county regulations -- and fees -- because property owners began land preparation before a new ordinance went into effect on Oct. 1, according to Sonoma County agricultural officials.

 Land preparation at some vineyard sites started the day before the deadline so property owners could beat the new law.

 Agricultural commissioner John Westoby, who administers the ordinance, found the numbers of exempted vineyard acres "shocking'' and checked and rechecked his figures before making them public on Friday. He said he knew there had been a frenzy of earth moving before the ordinance was tentatively adopted Oct. 1 but didn't realize the scale of the exemptions until he tallied acreage from applications he received.

 The exempted acreage, representing a 15 percent increase in land already planted to grapes in Sonoma County, also caught environmental leaders by surprise, prompting renewed charges that the wine industry is out of control.

 "We knew there was a big rush to get in under the ordinance but we didn't know the acreage was that large. It's a shocking figure,'' said David Bannister of the Sonoma County Chapter of the Sierra Club.

 Mark Green, executive director of Sonoma County Conservation Action, said such a dramatic increase in vineyards will change the county's landscape, triggering a citizen revolt that could result in even tougher regulations and tighter controls.

 "This clearly indicates the county is way behind the curve in addressing this problem,'' said Green. "The unfortunate result is that as those exempted projects get planted it will escalate the public outrage over the county's failure to move in an adroit and proactive way on this issue.''

 Westoby said applications for exemptions have been filed by 486 landowners who started developing land for vineyards before Oct. 1, the day the long-debated vineyard ordinance went into effect. He said the 486 vineyard projects total 8,630 acres, with 7,300 acres on land previously not planted to wine grapes and 1,300 acres classified as "replants.'' These are existing vineyards that are being replanted with young vines.

 The vineyard planting projects are spread throughout Sonoma County but the majority of exempted projects are in the western part of the county, where many Sebastopol apple orchards are being converted to wine grapes.

 Vineyard manager Pete Opatz, president of the Sonoma County Grape Growers Association, compared growers to wild horses who don't want to be corraled -- in this case by county regulations.

 "I think anyone who had a notion that they would plant grapes three or four years down the road started their vineyard projects last fall so they could get around the ordinance,'' said Opatz. He wonders if there will be enough grapevines available to plant that much acreage and worries about the market for grapes when 9,000 acres of new vineyards come into production. There are 50,000 acres of grapes already planted in Sonoma County.

 Westoby said the county will have no control over the exempted land but he said other regulatory agencies such as North Coast Water Quality Control and California Department of Fish & Game will monitor the plantings to make sure they comply with state regulations.

 Opatz agreed. He said landowners shouldn't think that because they are exempt from the county ordinance that they can avoid prescribed management practices that conserve soil and keep waterways clean.

 "Water Quality is out there looking for muddy creeks and rivers near vineyard projects as we speak. Folks who don't do a good job planting their vineyards will not be able to hide and will suffer the consequences,'' said Opatz.

 One Mendocino County vineyard owner was recently fined $25,000 because soil from an improperly planted hillside vineyard washed into a public waterway. The soil sediment is a detriment to the quality of the water and to the creatures that live in it.

 Some landowners started ripping ground just days before the Oct. 1 deadline so they could circumvent the regulatory hoops and fees of the proposed vineyard ordinance, which is yet to be fully implemented by county supervisors. Supervisors have adopted an emergency ordinance and put a moratorium on new vineyards on steeper slopes until the vineyard ordinance's final wording is developed. The emergency ordinance expires Feb. 8. Supervisors could renew the emergency ordinance if the vineyard ordinance is not adopted.

 The proposed ordinance was intended to limit new vineyard plantings on steep hillsides and protect sensitive riparian areas by limiting agricultural activities near waterways.

 Under the ordinance, any landowner planning to plant grapes -- even on flat ground -- would have to register with the county agricultural commissioner and pay a fee. Fees range from $150 to $2,500 depending on the size of the vineyard and the slope of the land.

 The ordinance's legal language is being revised because county attorneys are concerned that the measure could force new vineyards to come under the jurisdiction of the California Environmental Quality Act or CEQA. The next hearing on the vineyard ordinance is 2:15 p.m. Feb. 1 in the county supervisors chambers.

 Green of Sonoma County Conservation Action said county supervisors should be more concerned about adopting an ordinance that regulates vineyards than worrying about triggering oversight by CEQA.

 Supervisor Mike Reilly, chairman of the county Board of Supervisors, was out of town and not available for comment on Friday. The other four supervisors were not in their offices late Friday afternoon when called for comment.

 Officials knew there had been a mad rush to start vineyard projects in August and September to beat the ordinance but until now no one knew how much acreage was involved.

 Westoby said many landowners mistakenly assumed the new ordinance would prevent them from establishing vineyards, and they moved quickly to plant. For the past several years, Sonoma County wine grapes have been bringing record prices -- $2,000 to $3,000 a ton depending on the varietal -- and landowners are eager to cash in.

 "It's human nature to avoid regulations,'' said Westoby. He said so far there are no indications that any of the exempted vineyards are being established in ways that would cause erosion or other environmental damage.

 Westoby said those seeking exemptions were asked to submit documentation and photographs to verify that the work was in progress. He said his office will follow up with inspections at some sites.

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NOTICE: In accordance with Title 17 U.S.C., section 107, some material is provided without permission from the copyright owner, only for purposes of criticism, comment, scholarship and research under the "fair use" provisions of federal copyright laws. These materials may not be distributed further, except for "fair use," without permission of the copyright owner. For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml

Two recent statements from the WPA:


from e-mail of late Dec 99:

The Board of Supervisors is currently delaying the implementation of the long-awaited Erosion Control Ordinance as they explore ways to ensure that the powers it grants to the regulatory body (Agricultural Commissioner) are ministerial and therefore the vineyard developments not subject to the California Environmental Quality Act (CEQA). At a recent Board of Supervisors meeting the Watershed Protection Alliance (WPA), the coalition of environmental organizations that has been working on this issue for over two years, opposed the recommendations of County Counsel as substantially weakening the ordinance by taking away the authority of the Ag Commissioner to regulate, and placing that authority in the hands of consultants paid by vineyard developers.

The Board of Supes will again consider the ordinance and its future on Tuesday February 1st, at 2:15 PM.


FOR IMMEDIATE RELEASE - 12/8/99

CONTACT: Mark Green at 571-8566

Today, members of the Watershed Protection Alliance, a coalition of citizens concerned with the growing environmental impacts of vineyard development in Sonoma county, called on the Board of Supervisors to implement the county's new vineyard ordinance, which Supervisors have repeatedly delayed.

The WPA, which includes the county's largest environmental organizations and represents some 15,000 households countywide, negotiated with growers for over a year to develop the ordinance, which establishes erosion control requirements, public notice of planned vineyard development, and setbacks from streams and creeks. Supervisors approved the ordinance as recommended by the joint agreement of grower groups and the WPA last summer, but it has yet to put in effect.

"It has been too long," said David Bannister of Sierra Club, co-chair of the WPA. "While discussion throughout the county has turned to the issues this ordinance did not address, the first step hasn't even gone into effect yet. Meanwhile, even as rains have begun, vineyard development continues. We are very concerned about the impacts on waterways and wildlife that this rush to develop new vineyards is causing."

WPA's other co-chair, Mark Green of Sonoma County Conservation Action, noted that rumors are flying that the Supervisors intend to weaken the provisions of the ordinance, undermining the historic agreement on regulation of local agricultural practices represented by the ordinance. "If that is so," said Green, "it calls into question the credibility of the Supervisors' intent to do something real about this issue that has raised such public concern. We call on our counterparts in the wine industry to speak up for the ordinance to be implemented as it was approved in September."

Green pointed out that one rumored explanation for the repeated delays in implementing the ordinance is that Supervisors fear that the ordinance may be considered a "discretionary process", which would require environmental review under the California Environmental Quality Act. The county's legal staff has stated firmly that the ordinance would not require a CEQA review.

"Even if there were a requirement for CEQA review," said Green, "projects that had no significant environmental impacts would receive a Negative Declaration, without cost to the landowner. Both the grower organizations and the Supervisors have stated repeatedly that they want to ensure that the environment is protected when vineyards are developed. So where's the problem? The county should implement this ordinance. The public wants it, and both growers and environmentalists have signed off on it. No backroom backsliding should be allowed."

The Watershed Protection Alliance is a coalition of citizens and organizations from all over Sonoma County. The WPA includes representatives of Sierra Club, Madrone Audubon Society, Sonoma County Conservation Action, Friends of the Russian River, Healdsburg Alliance of Responsible Citizens, Graton Alliance to Stop Pollution, Friends of Twin Valley, Dry Creek Valley Association, and many concerned individuals.

Grape-planting limits near

© April 11, 1999 Press Democrat
by TIM TESCONI)

Sonoma County is preparing to adopt a landmark ordinance that for the first time regulates grape planting, an increasing concern as more and more vineyards move into forests and oak-covered hillsides.

The proposed ordinance, which goes to public hearing Tuesday (4/13), represents the growing public backlash as vineyards expand into erosion-prone hills to meet the soaring demand for Sonoma County wine.

"A lot of momentum has been building for protecting hillsides and keeping Sonoma County agriculture from becoming a monoculture,'' said rural activist Shepherd Bliss, a small-scale Sebastopol farmer and environmentalist. He believes the ordinance should be even stricter in limiting vineyards so Sonoma County can maintain its agricultural diversity.

The ordinance, developed over the past 18 months, would prohibit vineyards on Sonoma County's steepest hillsides and require erosion-control plans on lesser slopes. It also requires that vineyards near streams, creeks and rivers provide a 50-foot setback to preserve natural zones, known as riparian corridors, for vegetation and wildlife.

Landowners planning to plant grapes -- even on flat land -- would have to register with the Sonoma County Agricultural Commissioner's Office, part of an effort to flag vineyard projects that may need special engineering to prevent soil erosion. There will be fees for permits and fines for those who ignore the rules.

"Everyone who plants grapes will have to go through some hoops now,'' said Bob Anderson, executive director of United Winegrowers for Sonoma County.

The ordinance focuses on soil conservation. It is aimed at preventing some of the erosion problems that have occurred in recent years as inexperienced landowners plant grapes on steep hillsides without taking adequate precautions such as installing drainage systems and planting winter cover crops.

In some cases, tons of soil slipped down hillsides and into streams and rivers, silting the spawning areas of federally protected coho salmon and steelhead.

Grape growers and environmentalists negotiated for nine months on terms. The unique coalition that came up with the regulations continues to hang together in their support for the plan, hailed as a first step in maintaining Sonoma County's environmental integrity and the economic vitality of its $2 billion wine industry.

A public hearing on the ordinance will be at 3:15 p.m. Tuesday in the Board of Supervisors chambers at the Sonoma County Administration Building.

Mark Green of Sonoma County Conservation Action said environmentalists and grape growers who worked on the plan still support the concepts they developed. He said in rewriting the plan into an ordinance the county's attorneys "missed the mark'' on some key issues such as enforcement and the 50-foot setback along waterways.

Green believes the language can be corrected to accurately reflect the provisions of the original plan developed by the negotiating team. Once that is done, he said, it would have the support of environmentalists and growers.

While the ordinance may not win approval next Tuesday, it is expected to be adopted within weeks by county supervisors because it has such broad-based support from the environmental and farming communities.

There also is some urgency to adopt the ordinance so it can be in place before a new round of vineyard planting begins. Vineyard planting that starts before the ordinance is adopted is exempt from the regulations.

The premium wine industry has been going gangbusters in recent years with a boom in vineyard planting visible to the most casual observer.

There are now nearly 45,000 acres of vineyards in Sonoma County, with 1,000 to 2,000 acres of new vineyards added annually in recent years. From Carneros to Cazadero growers and wineries are going higher and higher into the hills to grow the grapes that are fetching record prices.

Supervisors have called the hillside vineyard ordinance a historic document because growers and environmentalists -- often at odds over land use and farming practices -- came together and agreed on the plan.

"There was a lot of give and take to reach this plan,'' said Peter Haywood, a Sonoma Valley grape grower and vintner who was on the committee. He said the ordinance represents the first land-use regulation for vineyards.

"That was a major hurdle to get over but a very constructive one in developing this ordinance,'' said Haywood.

Green of Sonoma County Conservation Action said environmentalists didn't get all they wanted, but believes the ordinance is a fair one. He said it's a major step for environmental protection and is being supported by most of the environmental community.

But some environmentalists say the ordinance will do little to protect natural habitats and scenic vistas on Sonoma County hillsides.

"The grape growing industry is getting a lot of positive publicity while doing very little to protect hillsides,'' said Kimberly Burr, a Forestville attorney at the Northern California Environmental Defense Center.

She said under the proposed ordinance forested hillsides and oak woodlands can still be bulldozed for vineyards as long as the hillsides are below a 50 percent slope and the vineyard owner has an approved erosion-control plan.

Burr was on the committee that worked on the ordinance but resigned because she couldn't endorse the environmental concessions made to the wine industry.

"I felt like we were giving away the store,'' said Burr. She said the proposed ordinance is weaker than the hillside vineyard ordinance in Napa County where there is public debate to strengthen it.

Haywood said the wine industry also gave a lot. He said the 50-foot setback along natural waterways is a major concession. Growers estimate the cost of giving up that land along stream banks at $500,000 a mile.

Haywood said the group concluded that it had to focus on erosion control and preservation of streambanks.

"One of environmentalists' main objectives was habitat protection, but that issue needs to be dealt with by a more politically diverse group in a larger format,'' said Haywood.

Sonoma County Agricultural Commissioner John Westoby will be responsible for administering the hillside ordinance. He said growers will be charged fees to help offset the cost of the program, which he expects will require one to two full-time people. So far the fee schedule has not been determined.

In Napa County a permit for a hillside vineyard is a flat $1,300, whether it's five acres or 50. Sonoma County is leaning toward a sliding fee scale based on the slope of the hillside and the complexity of the erosion-control plan.

Westoby said once supervisors approve the ordinance he will move ahead to hire at least one person with expertise in soil-erosion control or engineering. This person would be responsible for studying erosion-control plans submitted by landowners and determining if they are adequate to prevent soil loss at the site.

The agricultural commissioner said most big vineyard operators already implement strict erosion-control measures because soil is valuable and they don't want to lose it.

The problem, he said, are the newcomers who think they are going to get rich growing grapes and begin tearing up a hillside to plant vineyards -- with no knowledge of the proper procedures.

He said the idea is to pinpoint those landowners before they cause hillsides to slip into streams and rivers. 

(c) 1999 Press Democrat

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NOTICE: In accordance with Title 17 U.S.C., section 107, some material is provided without permission from the copyright owner, only for purposes of criticism, comment, scholarship and research under the "fair use" provisions of federal copyright laws. These materials may not be distributed further, except for "fair use," without permission of the copyright owner. For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml

Grape Growers and Environmentalists Find Common Ground
(Sources: 9/22/98 press release from United Winegrowers, WPA-member newsletters, emails.)

Grape growers and environmentalists have agreed to new regulations for vineyard planting in Sonoma County, and have delivered a detailed recommendation for a new ordinance to the county Board of Supervisors.

Spurred by the intensifiying pace of vineyard development in areas never before farmed, environmentalists met for the first time last January (1998) with grape growers wary of finding themselves (in some cases, unjustly) on the wrong side of a mounting environmental conflict. They had been meeting regularly ever since.

"An enormous amount of time has been invested in this process," said Mark Green, representing the Watershed Protection Alliance (WPA), a coalition of environmental organizations. "We have worked very hard, and we've developed a fair ordinance -- and a major step for our environment."

The proposed plan, created jointly by growers associations and WPA, would require that all future vineyards planned for the county undergo--prior to planting--registration and review with the Sonoma County Agricultural Commissioner.

"A Countywide ordinance is especially important for growers who are new to the industry and perhaps lack experience," said John Pina, representing the Sonoma County Grape Growers Association. "Soil management is the framework for a productive investment -- and for environmental protection."

Groups represented in the WPA include Sonoma County Conservation Action, Friends of the Russian River, Friends of Twin Valley, Madrone Audubon Society, Milo Baker Chapter of the California Native Plants Society and Sierra Club, Sonoma Chapter.

The growers organizations included Sonoma County Grape Growers Association, Sonoma Valley Vintners and Growers Alliance, United Winegrowers for Sonoma County, and North Coast Grape Growers Association.

The negotiations stalemated many times and threatened to collapse more than once. However, on September 17, an agreement was reached on provisions of an ordinance, marking the first time that the industry has agreed to be regulated.

The participants reached the following consensus:

  • All growers planning to cultivate vineyards on hillsides with slopes of between 15 percent and 50 percent would be required to submit and follow an approved erosion-control program.

  • The new ordinance would generally prohibit planting on slopes of 50 percent or greater, which represents more than 111,000 acres of protected land for Sonoma County,

  • 50-foot streamside setbacks for new vineyards would establish a "no-touch" zone to protect both year-round and seasonal "blue-lined" streams.

"We have come a long way... we will watch and see how the ordinance works," said Green. "And we will continue to work and encourage dialogue on the issues which we could not resolve, such as ridgeline protection and the preservation of natural habitat."

According to Peter Haywood, representing Sonoma Valley Vintners and Growers Alliance, discussions regarding habitat preservation are appropriate for a much larger group.

"Growers, farmers, developers, planners, politicians and environmental organizations..we all need to be a part of those discussions," said Haywood. "We all need to play a role to effectively protect the environment."

It is anticipated that an ordinance will be in place before the next planting season. Between now and then, discussions will continue among members of the groups to refine their recommendations.

(Thanks to Bob Anderson, Dave Bannister, Mark Green, Diane Hichwa, Joan Vilms and Vince Yoder for contributing to this synthesis.)