Ordinance
Restrictions on Cultivation of Medical Marijuana
View the full County Code 34A (PDF).
This Ordinance implements a Land Use Law (Civil) in Butte County which focuses on the neighborhood impacts of growing medical marijuana. The Ordinance establishes cultivation areas for various parcel sizes, residential requirements, setbacks, fencing, civil fines, and other issues to meet this goal. Some of the highlights are listed below:
- A parcel that is greater than 0.5 acres and supported by only one recommendation is allowed a maximum cultivation area of 50 square feet
Set Cultivation Limits Based on Cultivation Area (by Lot Size)
| Lot Size (Acres) | Cultivation Area |
|---|---|
| 0 to 0.5 | Indoor Only** |
| Greater than 0.5 to Less than 5.0 | 50 square feet |
| 5.0 to Less than 10.0 | 100 square feet |
| 10.0 plus | 150 square feet |
**(detached structure 120 square feet maximum)
- Permit cultivation indoors or outdoors on lots greater than 0.5 acre
- Require minimum recommendations
- Any parcel that is greater than 0.5 acres that is supported by only one recommendation is limited to a cultivation area of up to 50 square feet
- A parcel of 5.0 acres or more but less than 10.0 acres must have two or more recommendations associated with the plants to support a cultivation area of up to 100 square feet
- A parcel of 10.0 acres or more must have three or more recommendations associated with the plants to support a cultivation area of up to 150 square feet
- Require a single cultivation area, the length and width of the cultivation area shall not exceed a ratio of 2:1
Require Cultivation and Harvesting Setbacks From Property Lines (with Exceptions for Unusual Hardships)
| Lot Size (Acres) | Setback (Feet) |
|---|---|
| 0 to 0.5 | 15 |
| Greater than 0.5 to Less than 5.0 | 50 |
| 5.0 to Less than 10.0 | 75 |
| 10.0 plus | 150 |
- Provide that any person may make a complaint relating to violations (anonymous complaints will be accepted)
- Require that growers reside in Butte County for one year prior to cultivating
- Require growers to have a permitted permanent water well or connection to municipal water, not engage in the unpermitted drawing of water and not permit illegal discharges of water
- Prohibit cultivation:
- Within 1,000 feet of a school, park or similar facility
- Within 600 feet of a school bus stop
- Within 100 feet of an occupied residential structure on an adjacent parcel, with exceptions
- In any location where plants are visible from a public right-of-way
- In certain designated zones
- Require growers to obtain the landlord's written consent to cultivate
- Require fencing unless grown on 5 acres or more and not in public view
- Impose Administrative Civil Penalties have been increased to $500 a day for the first three days (72 hours) and $1,000 a day for each day the violation still exists up to a hearing