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 area 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:
| Less than 5.0 acres |
Greater than 0.5 acres |
| Indoor Only** 6 plant Max |
Indoor or Outdoor 6 plant Max |
- Require a single cultivation area, length and width will be contiguous;
- Require cultivation and harvesting setbacks from property lines (with exceptions for unusual hardships):
| 0 – 5.0 acres |
5.0 acres or larger |
| 15 |
150 |
- Provide that any person may make a complaint relating to violations (anonymous complaints will be accepted);
- Require persons engaging in cultivation of marijuana shall either own the premises, or have entered into a written lease with the owner of the premises;
- Require growers have a permitted permanent water well or connection to municipal water, not engage in unpermitted drawing of water and not permit illegal discharges of water, use, store and dispose 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; and
- in certain designated zones.
- Require fencing be fully enclosed by a solid or opaque fence (of approved materials from the Dept 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 $500.00 a day for the first three days (72-hours) and $1,000.00 a day for each day the violation still exists up to a hearing.