Contra Costa County Municipal Code Art. 88-34.2 General

The purpose of this chapter is to regulate industrial hemp cultivation by requiring all persons engaged in industrial hemp cultivation to obtain a land use permit from the department of conservation and development. The requirements of this chapter are in addition to all other applicable requirements of this code and all applicable state and federal laws and regulations.

(Ord. 2021-21 § II, 7-27-21)

For purposes of this chapter, the following words and phrases have the following meanings:

(a) "Cultivation" means any activity involving the propagation, planting, growing, breeding, harvesting, drying, curing, grading, trimming, or other development of industrial hemp plants or propagative plant material, and includes cultivation for research purposes.

(b) "Cultivation area" means the area on a lot where industrial hemp is propagated, planted, grown, bred, harvested, dried, cured, graded, trimmed, or developed.

(c) "Department" means the Contra Costa County Department of Conservation and Development.

(d) "Greenhouse" means a structure that is used for the indoor propagation of plants; has permanent structural elements, such as footings or foundations; is constructed with a translucent roof or walls; and is served by utilities such as electrical, natural gas, or plumbing. The term "greenhouse" includes structures commonly known as "hothouses."

(e) "Hoop structure" means a structure consisting of a lightweight metal, plastic, or wooden frame, or a series of hoops, that is covered by an impermeable, removable layer of plastic or polyethylene film used to protect plants grown in the soil or in containers upon the soil. A hoop structure has no permanent structural elements, such as footings, foundations, plumbing, or electrical wiring. The term "hoop structure" includes structures commonly known as "berry hoops" or "hoop houses."

(f) "Indoor cultivation" means the cultivation of industrial hemp within a permanent building using exclusively artificial light or within a greenhouse. "Indoor cultivation" does not include cultivation of industrial hemp within a hoop structure.

(g) "Industrial hemp" or "hemp" has the meaning set forth in Food and Agricultural Code Section 81000.

(h) "Outdoor cultivation" means any cultivation of industrial hemp that is not indoor cultivation. "Outdoor cultivation" includes the cultivation of industrial hemp within a hoop structure.

(Ord. 2021-21 § II, 7-27-21)