Article II — NEW MERGERS

327.5-3. Requirements for Merger Under This Article.

(a) Except as provided in Section 327.5-9 when any one of two or more contiguous parcels or units of land, which are held by the same size under the applicable zoning designation, the contiguous parcels shall merge if all the following requirements are satisfied: (Ord. 1762, 12/09/86)

(1) At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit of land. (Ord. 1762, 12/9/1986)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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• (2) With respect to any affected parcel, one or more of the following conditions exists:

(A) Comprises less than 5,000 square feet in area at the time of the determination of merger; (Ord. 1762, 12/9/1986)

(B) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation; (Ord. 1762, 12/9/1986)

(C) Does not meet current standards for sewage disposal and domestic water supply under applicable County regulations; (Ord. 1762, 12/9/1986)

(D) Does not meet slope stability standards established by or pursuant to the Humboldt County General Plan. (Ord. 1762, 12/9/1986)

(E) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. The standards of access shall be those contained in the Appendix to Title III, Division 2 of the Humboldt County Code; (Ord. 1762, 12/9/1986)

• (F) Its development would create health and safety hazards;

(G) Is inconsistent with the Humboldt County General Plan, the Local Coastal Plan or any applicable Community Plan, other than minimum lot size or density standards. (Ord. 1762, 12/9/1986)

(Ord. 1762, 12/9/1986)

(b) The provisions of subdivision (2) of subsection A of Section 327.5-3 shall not apply if one or more of the following conditions exists:

(1) On or before July 1, 1981, one or more of the contiguous parcels or units of land was enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code. (Ord. 1762, 12/9/1986)

(2) On July 1, 1981, one or more of the contiguous parcels or units of land was timberland as defined in subdivision (f) of Section 51104 of the Government Code, or was land devoted to an agricultural use as defined in subdivision (b) of Section 51201 of the Government Code. (Ord. 1762, 12/9/1986)

(3) On July 1, 1981, one or more of the contiguous parcels or units of land was located within 2,000 feet of the site on which an existing commercial mineral resource extraction use was being made, whether or not the extraction was being made pursuant to a use permit issued by the County. (Ord. 1762, 12/9/1986)

(4) On July 1, 1981, one or more of the contiguous parcels or units of land was located within 2,000 feet of a future or existing commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the County. (Ord. 1762, 12/9/ 1986)

(5) Within the coastal zone, as defined in Section 30103 of the Public Resources Code, one or more of the contiguous parcels or units of land has, prior to July 1, 1981, been identified or designated as being of

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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insufficient size to support residential development and where the identification or designation has either (1) been included in the land use plan portion of a local coastal plan program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or (2) prior to the adoption of a land use plan, has been made by formal action of the California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based. (Ord. 1762, 12/09/86)

For the purposes of paragraphs (3) and (4) of subsection (b) of Section 327.5-3, “mineral resource extraction” means gas, oil hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity. (Ord. 1762, 12/9/1986)

(Ord. 1762, 12/9/1986)

327.5-4. Effective Date of Merger.

A merger of parcels or units of land pursuant to the provisions of Article II of this chapter becomes effective on the date that a Notice of Merger is filed for record with the recorder of the County of Humboldt. A Notice of Merger shall specify the names of the record owner or owners and shall particularly describe the real property that is the subject to the merger. (Ord. 1762, 12/9/1986)

327.5-5. Notice of Intent to Determine Status.

Prior to recording a Notice of merger, the Planning Director shall cause to be mailed by certified mail to the then current record owner or owners of the property a Notice of Intention to Determine Status, notifying the owner or owners that the affected parcels may be merged pursuant to standards specified in Article II of this chapter, and advising the owner or owners of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice shall inform the owner or owners that the Advisory Agency is authorized to make a determination of merger or non-merger in accordance with Humboldt County Code Section 327.5-8 based on the information available from county records in the event that a request for hearing is not filed within 30 days pursuant to the provisions of Section 327.5-6 of the County Code. The Notice of Intention to Determine Status shall be filed for record with the recorder of the County of Humboldt on the date that notice is mailed to the property owner or owners. (Ord. 1762, 12/9/1986)

327.5-6. Request for Hearing.

At any time within 30 days after recording of the Notice of Intention to Determine Status, the owner of the affected property may file with the Planning Director a request for a hearing on determination of status. (Ord. 1762, 12/9/ 1986)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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327.5-7. Procedure for Hearing.

Upon receiving a request for a hearing on determination of status, the Planning Director shall fix a time, date, and place for a hearing before the Advisory Agency and shall so notify the property owner by certified mail. The hearing shall be conducted not more than sixty (60) days following the Planning Director’s receipt of the property owner’s request for hearing, but may be postponed or continued with the mutual written consent of the Advisory Agency and the property owner. (Ord. 1762, 12/09/86)

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this chapter. At the conclusion of the hearing, the Advisory Agency shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination in writing. Unless an appeal is filed pursuant to Section 327.5-11, a determination of merger made following the owner’s timely request for a hearing shall be recorded as provided for in Section 327.5-7 not later than 90 days following the mailing of the notice required by Section 327.5-7 except where the hearing has been continued beyond the 90 day period by mutual consent of the Advisory Agency and the property owner pursuant to Section 327.5-7. In such a case the determination shall be recorded not later than 30 days following the hearing. (Ord. 1762, 12/9/1986)

327.5-8. Determination When No Hearing Is Requested.

If within the 30-day period specified in Section 327.5-6, the owner does not file a request for hearing in accordance with Section 327.5-6, the Advisory Agency may at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. Unless an appeal is filed pursuant to Section 327.5-11, a determination of merger made following the owner’s failure to file a timely request for a hearing shall be recorded as provided in Section 327.5-4 within 30 days after such determination is made. (Ord. 1762, 12/9/1986)

327.5-9. Non-Merger.

The Advisory Agency may make a determination that contiguous parcels shall not be merged whether or not the affected property meets the standards of Sections 327.5-3 provided the following findings are affirmatively made: (Ord. 1762, 12/09/86)

(a) The parcels were created by a parcel map or final map in accordance with the provisions of the Humboldt County Code in effect at the time of their creation; and (Ord. 1762, 12/9/1986)

(b) The subsequent development of the individual parcels would not be contrary to the public health, safety or welfare. (Ord. 1762, 12/9/1986)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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327.5-10. Notice of Non-Merger.

If, in accordance with Sections 327.5-7, 327.5-8 or 327.5-9, the Advisory Agency determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 327.5-4 a Release of the Notice of Intention to Determine Status which was recorded pursuant to Section 327.5-5, and shall mail a clearance letter to the then current owner of record. (Ord. 1762, 12/9/1986)

327.5-11. Appeals from Decision of Advisory Agency.

At any time within 30 days after the Advisory Agency makes a determination of merger or non merger pursuant to Sections 327.5-7, 327.5-8 or 327.5-9, either the property owner or the Planning Director may appeal the Advisory Agency’s decision to the Board of Supervisors. The request for appeal shall be in writing, filed with the Planning Director and shall specify the factual and legal grounds upon which the appeal is based. (Ord. 1762, 12/09/86)

The Planning Director shall forward the request for appeal to the Clerk of the Board of Supervisors who shall fix a time, date and place for a hearing before the Board of Supervisors and shall notify the property owner by certified mail. The hearing shall be held not more than 30 days following the date that the appeal was filed with the Planning Director, but may be postponed or continued with the mutual written consent of the Advisory Agency and the property owner. (Ord. 1762, 12/09/86)

isors who shall fix a time, date and place for a hearing before the Board of Supervisors and shall notify the property owner by certified mail. The hearing shall be held not more than 30 days following the date that the appeal was filed with the Planning Director, but may be postponed or continued with the mutual written consent of the Advisory Agency and the property owner. (Ord. 1762, 12/09/86)

The evidence presented at the hearing shall be limited to the issues raised and presented at the hearing held by the Advisory Agency. If no hearing was held before the Advisory Agency, the hearing before the Board of Supervisors shall be treated as a hearing de novo and either party shall be permitted to present any evidence that the affected property does or does not meet the standards for merger specified in this chapter. At the conclusion of the hearing the Board of Supervisors shall make a determination as to whether the decision of the Advisory Agency shall be upheld, modified or reversed. (Ord. 1762, 12/09/86)

A determination of merger shall be recorded within 30 days after conclusion of the hearing as provided for in Section 327.5-4. If the Board of Supervisors’ decision results in a determination of non merger pursuant to Section 327.5-9, a notice of merger shall be filed pursuant to Section 327.5-10. A determination by the Board of Supervisors under this section is final. (Ord. 1762, 12/9/1986)