Butte County Municipal Code § 24-16 Land use regulations for natural resource zones

A. Timber Mountain (TM). The purpose of the TM zone is to preserve Butte County's valuable timber resources and to protect both the economic and environmental value of these lands. Standards for the TM zone are intended to support the growing and harvesting of timber, pulp woods, and other forestry products for commercial purposes. Permitted uses include logging, timber processing, crop cultivation, agricultural processing, and the management of forest lands for timber operations and animal grazing. Extractive uses that are generally compatible with forestry operations, including mining and oil and gas extraction, are conditionally permitted in the TM zone. The minimum permitted parcel size in the TM zone is one hundred sixty (160) acres. The TM zone allows for one (1) single-family home per parcel. The TM zone implements the Timber Mountain land use designation in the General Plan.

B. Timber Production (TPZ). The purpose of the TPZ zone is to preserve and protect land where timber is actively being grown and harvested, as well as minimize impacts to neighboring uses from active timber operations.

The California Forest Taxation Reform Act of 1976 places values on bare land that is related to its ability to grow trees, and it substitutes a percent tax on the value of timber at the time of harvest ("yield" tax) for the annual property tax on the trees. In exchange for this tax benefit, landowners dedicate their timberland to timber growing and compatible uses for a period of at least ten (10) years. Unless terminated by the County or landowner, these ten (10) years renew each year, thus creating a rolling minimum or self-perpetuating ten (10) year commitment (California Board of Equalization, 2000). Lands zoned in this manner are called Timberland Production Zones (TPZ).

Permitted uses include logging, timber processing, crop cultivation, the management of forest lands for timber operations and animal grazing, and compatible uses, which are uses that are determined to not significantly detract from the use of the property for, or inhibit, growing and harvesting timber. Extractive uses that are generally compatible with forestry operations, including mining and oil and gas extraction, are conditionally permitted in the TPZ zone. Minimum parcel size and development standards for development in the TPZ zone are generally equivalent to the TM zone. The TPZ zone implements the Timber Mountain land use designation in the General Plan.

C. Resource Conservation (RC). The purpose of the RC zone is to protect and preserve natural, wilderness, and scientific study areas that are critical to environmental quality within Butte County. Standards for the RC zone are intended to protect sensitive natural resources and to provide limited recreational and commercial recreational uses for the enjoyment of Butte County residents and visitors. Permitted land uses in the RC zone include livestock grazing and limited recreational and commercial recreational uses that do not detract from the area's value for habitat, open space, or research. The minimum permitted parcel size in the RC zone is forty (40) acres. The RC zone allows for one (1) single-family home per parcel. The RC zone implements the Resource Conservation land use designation in the General Plan. Mining may be considered by a Mining Permit in this zone when it will result in an improvement or no degradation of the habitat area as the end use pursuant to the Surface Mining and Reclamation Act.

(Ord. No. 4062, § 1, 9-10-13)

A. Permitted Uses. Table 24-16-1 (Permitted Land Uses in the Natural Resource Zones) identifies land uses permitted in the natural resource zones.

TABLE 24-16-1 PERMITTED LAND USES IN THE NATURAL RESOURCE ZONES [1] [2]

Notes:

[1]

See Article 42 (Glossary) for definitions of listed land uses.

[2]

Standards in the Zoning Ordinance that apply to specific uses are identified under the column "Applicable Regulations," defined under Section 24-8G.5, and are intended to direct the reader to a section that is related to the use.

[3]

Only passive recreation with limited improvements is permitted. Allowed improvements include informational kiosks, parking areas, and other similar improvements.

[4]

No Conditional Use Permit or minor use permit shall be granted in a TPZ zone until a specific finding has been made that the proposed use is compatible with the growing and harvesting of timber and timber products, see section below.

[5]

Use allowed only if no alternative non-TPZ property available in the project area.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4091, § 1, 1-27-15; Ord. No. 4094, § 3, 4-21-15; Ord. No. 4134, § 1(Att. A), 9-26-17; Ord. No. 4159, § 1(Att. A), 3-26-19; Ord. No. 4161, § 1(Att. A), 5-7-19; Ord. No. 4197, § 7, 1-12-21; Ord. No. 4225, § 1, 1-24-23; Ord. No. 4244, § 1, 4-23-24; Ord. No. 4253, § 1, 10-8-24)

A. Parcel Size and Density. Table 24-17-1 (Parcel Size and Density for Natural Resource Zones) identifies the parcel size and density standards that apply in the natural resource zones.

TABLE 24-17-1 PARCEL SIZE AND DENSITY FOR NATURAL RESOURCE ZONES

Notes:

[1]

Applies only to the creation of new parcels.

B. Setbacks and Height. Table 24-17-2 (Setback and Height Standards for Natural Resource Zones) identifies development standards that apply in the natural resource zones.

TABLE 24-17-2 SETBACK AND HEIGHT STANDARDS FOR NATURAL RESOURCE ZONES

Notes:

[1]

For parcels with a front property line extending to the centerline of the public right-of-way abutting the parcel, the front setback shall be measured from the edge of the public right-of-way.

C. Maximum Permitted Height in Natural Resources Zones.

1. Residential Structures. The maximum permitted height of residential structures within a natural resources zone is thirty-five (35) feet.

2. Non-Residential Structures. The maximum permitted height of non-residential structures within a natural resource zones is fifty (50) feet, except as allowed by Subsection 3 below.

3. Exceptions for Non-Residential Structures. Water tanks, agricultural processing equipment and silos, aggregate processing equipment, granaries, barns, pole buildings, electronic towers, antennas, and similar structures associated with agricultural and natural resource extraction uses may exceed fifty (50) feet in height provided they do not exceed height restrictions in regulated airport approach zones. Such structures shall not exceed the maximum height necessary to perform its intended function. See also Section 24-157 (Alternative Energy Structures) concerning the height of alternative energy structures, and Article IV, Division 2 (Telecommunication Facilities) concerning the height of towers, antennas, and similar structures not associated with agriculture. No structures shall exceed the maximum permitted height in areas as specified in Section 24-49 (Height Measurement) and the County's Military Overlay Zone Map.

D. Rezoning. Any rezoning of the land from a Timber Production Zone (TPZ) zone to another zone shall be in strict conformance with the requirements of the California Timberland Productivity Act of 1982 (Section 51100 et seq. of the Government Code).

E. Conditional Use Permits and Minor Use Permits in TPZ Districts. No Conditional Use Permit or Minor Use Permit shall be granted in a TPZ zone until the following additional requirements are met:

1. A Registered Professional Forester (RPF) will be required to find that the use will not negatively detract from the ability to grow and harvest timber and timber products. The conditional use will be determined to be compatible with timber growing and harvesting. The RPF will provide all supporting documentation to the Department of Development Services.

2. A "right-to-log" disclosure shall be signed by the owner/operator in a TPZ zone when a Conditional Use Permit or Minor Use Permit is proposed. The "right-to-log" disclosure shall be provided to the Department of Development Services and shall include provisions that permitted uses may be subject to inconveniences associated with timber management and harvesting, and that such operations take precedent over conditionally permitted uses.

(Ord. No. 4062, § 1, 9-10-13)