You may have heard about an Urban Agriculture Ordinance passed last month at the

Sacramento City Council. This Thursday, April 23rd, the ordinance goes into effect, making it
much easier to grow and sell food in the City of Sacramento. Details about how urban agriculture
is regulated are below.
Please note that this is not legal advice! The rules surrounding the business, health, and
zoning issues triggered by urban agriculture are many and confusing. Our goal in the long-term
is to make these regulations much easier to understand, but it is a long road.
What did the ordinance change?
In order to understand what the ordinance changed, its important to know what the laws
were before. Generally, the growing of produce for sale was defined as agriculture. Zoning
laws did not differentiate between big farms, and someone selling extra zucchini from their
backyard.
The ordinance created a new activity that residents of Sacramento could use their land
for: urban agriculture. Almost all lots around the City will now be able to grow food for sale,
whether they have houses, businesses, or nothing at all on them. The new ordinance does,
however, make distinctions based on the size of the lot in question. For simplicitys sake, the
details below are based on a lot that is under one acre in size. The different levels or regulation
can be found here, but just know that lots over one acre may require additional permits from the
City of Sacramento.
Not only does the ordinance say where urban agriculture can happen, but also how,
through what are called special use regulations. The special use regulations include a way to
sell produce on the site where its grown. In the new code, these are called urban agriculture
stands.
A full list of the regulations is included in the ordinance, located here, but some of the more
notable regulations of urban agriculture (and specifically the stands) are below.
1. Urban agriculture uses shall be maintained in an orderly manner, including litter removal,
irrigation, weeding, pruning, pest control and removal of dead or diseased plant materials.
2. No mechanized farm equipment (think tractors, front loaders, etc.) in residential districts
except for the initial preparation of land. Any equipment, when it is not in use, must be
locked up or otherwise hidden from sight.
3. If you are planning to practice aquaculture (more info here) in a residential district, the
operation must be enclosed, either by a building, fencing or landscaping.
4. Any compost associated with an urban agriculture operation must be kept at least 20
from a neighboring residential structure.
5. Regulations specifically around the urban agriculture stands:

a. Urban agriculture stands under 120 square feet are allowed without any additional
permits.
b. You may only sell produce (fruit, vegetables, or nuts) that you have grown on the
site or value-added products made as a part of a cottage food operation located on
that site.1
c. Stands located on occupied residential lots (a home) may only operate between
8:00 a.m. to 7:00 p.m. on Tuesdays and Saturdays. If you are growing on a vacant
lot or a commercial, industrial, or other lot, you may open your stand any day
during the week, but still abide by the time limits.
d. Stands must be completely disassembled and removed when not in use.
What other permits or registrations do I need?
How much more you need to do depends largely on what, exactly you are planning on
doing. The above regulations lay out the requirements to satisfy zoning requirements. In addition
to zoning, the food handling and economic aspects of urban agriculture mean you need to pay
attention to environmental health rules and business/taxation regulations.
Environmental Health Considerations
Produce Only
In order to grow produce in your backyard or on a vacant lot, and sell to a restaurant or at
an urban agriculture stand on your property, there are currently no permits or registrations
required through County Environmental Health. Thats not to say there never will be! County
officials are currently developing a registration process, so keep checking in with the Sacramento
Urban Agriculture Coalition for more information
Cottage Foods
What if you want to sell jams, homebaked bread, or granola at your urban ag stand? Then
youll need to register as a cottage food producer. The cottage food registration for direct sales
(meaning you sell it not through a third party) costs $107 and requires free annual renewal.
Cottage food operators must also obtain a food handler certification ($15 through ServSafe
https://www.servsafe.com/ss/FoodHandler/index.aspx).

More information on what cottage foods are, and what is required to sell them, is available on the County of
Sacramentos website: http://www.emd.saccounty.net/EnvHealth/FoodProtect/CottageFood.html

Business Regulation
Business Operating Tax
The City of Sacramento does not issue a 'business license'. All businesses that operate in
the City must pay a business operation tax. For businesses the size of urban agriculture suppliers,
that cost is going to be around $30. The application for a Business Operating Tax account is
hosted on the City website, here:
http://portal.cityofsacramento.org/Finance/Revenue/Business-Operation-Tax/Apply-for-aBusiness-Operation-Tax-Account
Home Occupation
When people run businesses out of their homes, its regulated as what is called a home
occupation. Notice on the application for the business operating tax how, if you say that you are
operating your business in a residential zone, it implies you need to have a home occupation
permit. The issue is that even though urban agriculture is legal under the zoning code, its not
permitted as a home occupation. Were working with the City to clarify the application of this
law. However at this time we suggest that urban agriculture producers apply for a home
occupation permit, if they are operating out of their home.
Permit application here:
http://portal.cityofsacramento.org/~/media/Corporate/Files/Finance/Revenue/HomeOccupationP
ermitApplication120612.pdf