Napa County sunsets winery code compliance program
A program that has allowed wineries to violate their permits by producing too much wine, welcoming too many visitors or violating other county rules has come to an end.
On Tuesday, the Napa County Board of Supervisors unanimously voted to sunset the winery code compliance program on April 30. The board approved the resolution in December 2018. Under the rules, property owners in unincorporated Napa County had until March 2019 to enroll into the program.
“It was a voluntary program designed to allow winery operators and other use permit holders who were operating outside of their use permit entitlements to continue operations while pursuing use permit modifications or other approvals necessary to bring their operations into compliance,” said Matt Parker, Napa County planning manager.
Altogether, 47 applications were submitted to county officials, all but one from wineries. Of those, 35 use permit applications were successfully modified, making the properties compliant with the county’s land-use rules.
Three other wineries’ use permit applications have yet to be evaluated at a public hearing. These remain in the program.
Another eight applications were abandoned, and one was incomplete, according to the county.
Brian Bordona, director of Napa County’s planning, building and environmental services, on Tuesday said wineries that are now out of compliance must revert back and comply with the terms of their current use permit for one year before their application for new entitlements can be heard.
These non-compliant wineries must abide by their wine maximum production capacities, employment and visitation levels set under the terms of their use-permit.
Supervisor Belia Ramos asked that the county send out messages to the current 500 use permit holders about the new standards.
Bordona said the county could remind use permit holders about their options, including asking for a status determination of their properties’ entitlements. The county could also work with industry groups and individual winery owners, he said.
Ramos said the use permit holders along with land-use consultants and attorneys should be told that status determination remains available but that the winery code compliance program has ended.
Four new supervisors – all but Ramos – joined the Board of Supervisors after the winery code compliance resolution was adopted in 2018.
Supervisor Lizz Alessio, who was sworn in as supervisor in January 2025, commended the past board for “seeing a solution to a known issue.”
“I think the lesson learned here for me is that business isn’t static,” Alessio said.
For years, winery owners seeking modified use permits said they needed to host more visitors to sell wine because they could no longer rely on distributors.
“There’s a whole different way that people are purchasing wine,” Gallagher said, noting the wineries’ direct-to-consumer wine sales.
Supervisor Anne Cottrell, a former Napa County planning commissioner who was elected to the board in 2022, agreed with Alessio that businesses change over time as do regulatory schemes. As planning commissioner, Cottrell voted on applications filed under the winery code compliance program.
A lot of changes came from state regulations, Cottrell said, adding that had been challenging for many wineries.
Bordona, director of Napa County’s planning, building and environmental services, said that while the winery code compliance program was successful, it faced challenges.
He cited COVID, the 2020 wildfires, and new state regulations on ground water usage and limitations. Wineries had to upgrade their existing infrastructure in order to be compliant, Bordona said.
The county did not impose additional regulations during that time, he noted.
Cottrell said the process “underscores the need for ongoing communication and education” on regulations. She also said she did not want to minimize the work applicants went through to bring themselves up to code.
Ramos, who was elected in 2016 and voted for the winery code compliance program, said serious compliance matters came before board before she became a supervisor.
Supervisor Joelle Gallagher, like Cottrell, was elected in 2022 after serving as Napa County planning commissioner. The winery code compliance program has been successful for all stakeholders, including Napa County and the wineries, she said.
Sunsetting the program supports the county’s transition to ongoing compliance and enforcement operations that did not rely on special programs, Gallagher said.
Before voting to sunset the winery code compliance program in April, Cottrell noted that the deadline to apply for the program was in 2019.
