Issue link: http://winesandvines.uberflip.com/i/957564
April 2018 WINES&VINES 13 WINE INDUSTRY NEWS N apa, Calif.—A pro- posal to further regu- late the development o f l a n d i n N a p a County is going before voters in an election this June. Measure C, which was originally described as the Napa County Wa- tershed and Oak Woodland Protec- tion Initiative of 2018, will appear on the ballot of a June 5 election after the initiative's authors col- lected 6,300 signatures, which was 2,500 more than required. The measure would impose ad- ditional zoning requirements and restrictions on tree removals in areas near streams and wetlands to protect the natural environ- ment and the county's water qual- ity. Any project that would include removing oak trees in such areas would require replanting new trees at a 3:1 ratio in a comparable habitat. Landowners would only be able to remove 795 acres of oak woodland from watershed areas each year. Once this cap or "oak removal limit" was reached any further tree removal would need to be approved by the county. The initiative authors drafted it to take into account Napa County's Gen- eral Plan that projects the devel- opment of 10,000 new acres of vineyards by 2030. Napa Vision 2050, a group of environmental and land use ad- vocates formed in 2015, spear- headed the drive to get the initiative on the ballot. Growers, vintners' groups oppose Initially, the Napa Valley Vintners (NVV) group sought to collaborate with the Measure C's authors Jim Wilson and Mike Hackett, but after some NVV members pushed back against a collaborative ap- proach, the NVV board voted in January to oppose it. The initiative is also opposed by the Napa Valley Grapegrowers (NVG) and Napa County Farm Bureau. The NVG issued a multi-point statement announcing its opposi- tion to the measure on the grounds it would ban vineyard planting and not even allow for oaks to be removed in areas that suffered fire damage. NVG also noted Napa County already has some of the strongest conservation regulations in California and the United States. Landowners currently have to maintain large stream buffer areas as well as maintain a mini- mum amount of habitat and tree canopy cover in watersheds. NVG also contended backers of Measure C haven't taken into ac- count the more than 45,000 acres of vines that have been certified through the Fish Friendly Farming program and the effort by several vintners to restore the natural habitat of the Napa River. Accord- ing to the NVG's statement, "the initiative is not supported by any environmental assessment that indicates a problem with local water quality or that identifies agriculture occurring in proximity of Napa's oak woodlands as a source of water quality issues." In a statement released in Jan- uary, the NVV announced its board voted unanimously to oppose the initiative because a majority of the input it received from its members conveyed opposition. The NVV also claimed the wording of the initiative "is legally uncertain" and could result in unintentional con- sequences if passed into law. "Furthermore, legal analysis of the initiative as it is written indi- cates that if it does pass, there is strong potential for a protracted court fight," the NVV stated. "For such a sensitive and important issue, the NVV believes the initia- tive is not the proper way to further the goal of protecting Napa Coun- ty's woodlands and watershed." In addition to putting the oak tree initiative on the ballot, the county Board of Supervisors are also reviewing another initiative filed to prohibit the use of private helipads in the county. That initiative stems from a permit request by Christian Palmaz, whose family owns Palmaz Vineyards winery, to build a helipad on the family's estate. 'Governance by initiative' The board of the county's farm bureau decided to oppose Mea- sure C after attempting to negoti- ate with its supporters and proposing several changes. "We further remain concerned that this initiative was written without proper collaboration by other in- dustry groups and without public input," the bureau stated when announcing its decision to oppose the initiative. "In order to properly address an issue of this magni- tude, it is imperative that the pub- lic and industry groups have an equal say in the process of devel- oping such a proposal." The bureau added, "Gover- nance by initiative should be a last resort when all other options have been exhausted." The county board hired the law firm Miller Starr Regalia to ana- lyze the potential impacts of the initiative and in a Feb. 20 report to the board the firm's attorneys wrote "the initiative is arguably unlawfully vague or misleading" and likely to face immediate legal challenges should voters approve it in the coming election. However, a backer of the mea- sure described that analysis as "completely biased" in a letter to the Napa Valley Register newspaper because the firm had been hired to challenge an earlier woodland ini- tiative proposed in 2016. While the initiative may have garnered the opposition of many in the industry, other notable vint- ners and vineyard owners have signed on in support. The St. Hel- ena Star newspaper published a letter by a group of notable grow- ers and winery owners on Feb. 13 in which they urged Napa County voters to approve the initiative. The group, which included Andy Beckstoffer, owner of Beckstoffer Vineyards; Randy Dunn, owner of Dunn Vineyards; Robin Lail, owner of Lail Vineyards; Beth Novak Milliken, owner of Spott- swoode Estate Vineyard & Winery and several others, argue the mea- sure would protect woodlands with the goal of further protecting Napa's invaluable groundwater supply. "Enhancing oak woodland protections is not anti-agricul- ture," the group wrote. "Rather, it is pro-responsible and sustainable agriculture, pro-water security, pro-community and pro-climate. Our county's agricultural preserve d e p e n d s o n a h e a l t h y watershed." As Measure C made it to the ballot, a major vineyard develop- ment that had earned the ire and legal challenges of other environ- mental groups is moving forward. In early March, a Napa County Superior Court judge issued a final decision that vintners Craig and Kathryn Hall can proceed with their Walt Ranch project that en- tails 209 acres of vineyards on a 2,300-acre property in the eastern Napa Valley hills along Monticello Road/Highway 12. —Andrew Adams ALEXANDER RUBIN PHOTOGRAPHY TOP STORY Land Development Issue on Ballot in Napa Measure C would restrict potential vineyard development to protect oak forests.