Restrictions on Cultivation of Non-Medical Marijuana

View the full County Code 34C (PDF).

This Ordinance implements a Land Use Law (Civil) in Butte County which focuses on the neighborhood impacts of growing non-medical marijuana. The Ordinance establishes cultivation areas for parcel sizes, residential requirements, setbacks, fencing, civil fines, and other issues to meet this goal. Some of the highlights are listed below:

Set Cultivation Limits Based on Cultivation Area (by Lot Size)

Lot Size (Acres)Cultivation
Less Than 5.0 AcresGreater Than 0.5 Acres
Indoor Only** 6 Plant MaxIndoor or Outdoor 6 Plant Max
  • Require a single cultivation area, length and width will be contiguous

Require Cultivation & Harvesting Setbacks From Property Lines (with Exceptions for Unusual Hardships)

Lot Size (Acres)Setback (Feet)
0 to 5.0 Acres5.0 Acres or Larger
  • Provide that any person may make a complaint relating to violations (anonymous complaints will be accepted)
  • Require persons engaging in the cultivation of marijuana shall either own the premises or have entered into a written lease with the owner of the premises
  • Require growers to have permitted permanent water well or connection to municipal water, not engage in the unpermitted drawing of water and not permit illegal discharges of water, use, store and dispose of chemicals in accordance with all applicable laws
  • 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 fencing be fully enclosed by a solid or opaque fence (of approved materials from the Department of Development Services) at least six feet in height or height sufficient to conceal the cannabis from public view
  • Must be adequately secured to prevent unauthorized entry
  • Cultivation must not be visible from public right-of-way
  • Requires you have a legal residence on the property
  • 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