Article III — CONTINUED MERGER OR RESOURCE LANDS MERGED BY OPERATION OF

LAW PRIOR TO JANUARY 1, 1984

327.5-12. Purpose.

This article is enacted for the purpose of implementing the provisions of Government Code Sections 66451.301 through 302 which pertain to the conditions of continued merger of resource lands. (Ord. 1762, 12/9/1986)

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

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327.5-13. Parcels Merged by Operation of Law Prior to January 1, 1984.

Contiguous parcels or units of resource land, which were held by the same owner or owners prior to January 1, 1984, merged by operation of law if the applicable requirements of Section 317-64 and Sections 312-43 and 312-44 of Division 1 of Title III of the Humboldt County Code and/or the Subdivision Map Act in effect prior to January 1, 1984, were satisfied. (Ord. 1762, 12/9/1986)

327.5-14. Conditions for Continued Merger.

If any parcel of land which merged by operation of law as provided and described in Section 327.5-13, but for which a notice of merger is not recorded before January 1, 1988, and one or more of the merged parcels or units of land is within one of the categories specified in subdivisions (1) through (5) of subsection (b) of Section 327.5-3 of this chapter, the parcels of land shall be deemed not to have merged unless all of the following conditions exist: (Ord. 1762, 12/09/86)

(a) The parcels or units are contiguous and held by the same owner. (Ord. 1762, 12/9/1986)

(b) One or more of the contiguous parcels or units do not conform to minimum parcel size under the applicable County General Plan, specific plan, or zoning ordinances. (Ord. 1762, 12/9/1986)

(c) At least one of the affected parcels is underdeveloped 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 accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit. (Ord. 1762, 12/9/1986)

(d) The parcels or units which do not conform to minimum parcel size were not created by a recorded parcel or final map.

If all conditions described in subdivision (a), (b), (c), and (d) above exist, only a parcel or unit of land which does not conform to minimum parcel size shall remain merged with a contiguous parcel. (Ord. 1762, 12/9/1986)

(Ord. 1762, 12/9/1986)

327.5-15. Notice Required for Continued Merger.

(a) By January 1, 1987, the Planning Director, for all parcels or units of land which are or may be subject to the provisions of Section 327.5-14 in substantially for following form:

The County of Humboldt has identified one or more parcels of land which you own as potentially subject to a new state law regarding the merger of substandard parcels which are located in one or more of the following categories: (Ord. 1762, 12/09/86)

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

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(1) On or before July 1, 1981, one or more of the contiguous parcels or units of land is 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 is timberland as defined in subdivision (f) of Section 51104, is in a timberland production zone as defined in subdivision (g) of Section 51104, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201. (Ord. 1762, 12/ 9/1986)

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

(4) On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future 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 local agency. (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 insufficient size to support residential development and where the identification or designation has either (i) been included in the land use plan portion of a local Coastal Act of 1976 (Division 20 of the Public Resources Code), or (ii) prior to the adoption of a land use plan, been made by formal action of the California Coastal Commission pursuant to the provisions 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 issued 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)

The new state law contained in Section 66451.301 of the Government Code, generally provides for parcels or units of land located in one or more of the above-described areas which were merged prior to January 1, 1984, and for which the local agency did not record a notice of merger by January 1, 1988, the parcels are deemed unmerged on January 1, 1988, unless all of the following conditions exist: (Ord. 1762, 12/09/86)

(A) The parcels or units are contiguous and held by the same owner. (Ord. 1762, 12/9/1986)

(B) One or more of the contiguous parcels or units do not conform to minimum parcel size under the applicable general plan, specified plan, or zoning ordinance. (Ord. 1762, 12/9/1986)

(C) 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 necessary structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit. (Ord. 1762, 12/9/1986)

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

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(D) The parcels or units which do not conform to minimum parcel size were not created by a recorded parcel for final map. (Ord. 1762, 12/09/86)

In order to determine whether this new law applies to your property, you should immediately contact the Humboldt County Planning Department within 45 days to assist you in determining the application of the new law. (Ord. 1762, 12/09/86)

You may request a hearing to determine the status of your property. If you wish to request a hearing, you must do so within 60 days from the date of this notice. (Ord. 1762, 12/09/86)

For additional information regarding the County’s ordinance relating to mergers and the procedures for requiring a hearing, please refer to Chapter 7.5 of Division 2 of Title II of the Humboldt County Code. (Ord. 1762, 12/09/86)

WARNING. Your failure to act may result in the loss of valuable legal rights regarding the property.

(Ord. 1762, 12/9/1986)

327.5-16. Procedures for Hearings Under Article III.

The following procedures shall apply to parcels which meet the conditions described in Section 327.5-14 and for which the notice required by Section 327.5-15 is sent. (Ord. 1762, 12/09/86)

(a) If an owner of one or more parcels covered by this section contacts the Planning Department and requests assistance in determining the status of such parcels, the Planning Director shall advise the owner that he or she has a right to a hearing before the Advisory Agency to determine the status of parcels covered by this section.

(b) If the owner requests a hearing, the Planning Director shall either personally deliver or mail to the owner a request of hearing form which must be completed and signed by the owner prior to a hearing being scheduled. The completed and signed hearing request form must be filed with the Planning Director within 60 days after the date on which the notice provided for in Section 327.5-15 has been mailed or personally delivered to the property owner. Failure to file the hearing request form within the time specified in this subsection will result in waiver of the owner’s right to a hearing. (Ord. 1762, 12/9/1986)

(c) Once the Planning Director receives a signed and completed request for hearing form he shall set a hearing before the Advisory Agency and shall notify the property owner of the time, date and place of the hearing by certified mail. (Ord. 1762, 12/9/1986)

(d) At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property is not or should not remain merged. (Ord. 1762, 12/9/1986)

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

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(e) At the close of the hearing, the Advisory Agency shall make a determination that the affected properties continues to be merged, or are not merged and shall so notify the owner in writing of its decision. (Ord. 1762, 12/ 9/1986)

(f) Within 30 days after a determination of continued merger is made, the Planning Director shall record a notice of merger unless an appeal is filed pursuant to Section 327.5-16.5. (Ord. 1762, 12/9/1986)

327.5-16.5. Appeals.

At any time within ten (10) days after the Advisory Agency makes a determination that the affected properties continue to be merged or are not merged pursuant to Section 327.5-16, 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. (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. (Ord. 1762, 12/09/86)

At the close of the hearing, the Board of Supervisors shall make a determination that the affected properties continue to be merged, or are not merged and shall so notify the property owner in writing of its decision. A determination under this section is final and not subject to appeal. (Ord. 1762, 12/09/86)

Within 30 days after a determination of continued merger is made, the Planning Director shall record a notice of merger. (Ord. 1762, 12/9/1986)

327.5-17. Effect of Failure to Request Hearing Under Article III.

If an owner of one or more parcels covered by Article III of this chapter fails to contact the Planning Department within 60 days of the date of the notice described in Section 327.5-15, and fails to request a hearing as provided for in Section 327.5-16, all parcels owned by such owner which meet the conditions described in Section 327.5-14 and for which the notice required by Section 327.5-15 was sent shall remain merged. Failure to request a hearing within the time and in the manner specified in this section shall result in a waiver of the right to a hearing. (Ord. 1762, 12/9/1986)

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

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