County Ag Commissioner Angela Godwin told the Supervisors on Tuesday that the County needs to develop a process and “abatement procedure” to mitigate the possible harm that might come from abandoned vineyards in light of 1) the collapsing wine industry, and 2) a new state law that requires such mitigation. Ms. Godwin added that she had a draft presentation with recommendations almost ready for the Board, but that it will take additional staff time to work up an actual ordinance that complies with the new law. “No one wants to level a fine” on vineyard owners,” said Godwin, in obvious anticipation of such fines. The ordinance would also apply to abandoned pot grows and orchards.
“If the wine market doesn’t pick up,” said Godwin, “this could become more of an issue.” There’s no indication of any kind of industry pick-up in the foreseeable future.
Apparently the new state law — AB 732 — is designed to reduce the risks abandoned vineyards pose such as harboring pests and diseases, illegal dump sites, community blight, fire hazards, etc. The County could “level civil penalties” for cost recovery, said Godwin, “to protect neighbors and avoid fungus outbreaks” with “minimal requirements.”
According to a wine industry summary of the new law, it “is designed to protect wine grapes and vineyard health. It also reflects the ongoing economic stress facing California vineyard owners, especially smaller operators who are struggling to stay afloat.”
“AB 732 gives counties the authority to penalize owners of neglected or abandoned vineyards. The goal is to prevent the spread of vineyard pests and plant diseases, which can easily move from unmanaged properties to neighboring vineyards.”
Under this law:
Counties can fine vineyard owners $500 to $1,000 per acre.
Penalties would apply if vineyards are left unmaintained.
The law aims to protect surrounding vineyards and long-term grape production.
Although the law focuses on agricultural health, it also exposes the financial pressure many growers are under these days.
“Because of weak wine demand and falling profitability, some vineyard owners are choosing not to replant or maintain their vines. Leaving vineyard land idle may reduce short-term costs, but it creates serious disease and pest risks for nearby vineyards…”
Some vineyards may simply “stop active vineyard management.”
Such “management” cessation would apparently include the discontinuance of pesticides which is a key feature of vineyard “management.” According to testimony the state received during the law’s preparation, management cessation has resulted in “an increase in complaints related to abandoned vineyards and orchards, particularly when properties change ownership and remain vacant for long periods.”
Therefore, it looks like the County may develop an abandonment permit process which would includ a “mothball” plan with fines for non-compliance, but only “as a last resort.”
Industry researchers (presumably at UC Davis) are exploring whether vineyards can be safely placed into some kind low-cost “hibernation” or mothballing state. The idea is to keep vines alive for future production without the full expense of “active management.”
However, this approach is still unproven. There is no peer-reviewed research confirming how long-term vineyard health might be affected by such lowered management practices. Unlike outright vineyard removal, which has predictable outcomes, mothballing introduces uncertainty about future yields and vine stability.
The Supervisors asked Commissioner Godwin to continue with her presentation preparation for an upcoming board meeting.
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