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Title III›Division 1 — PLANNING›Chapter 2

16.4 PROCEEDINGS FOR WAIVER OF PROCEDURES

Humboldt County Zoning Code · 2026-07 edition · updated 2026-07-09 · Humboldt County

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

Page 54 of 1183

Title III Land Use and Development | Humboldt County Code

16.4.1 Review. The Department shall review all applications for De Minimus Waivers for completeness and accuracy before the applications are accepted and officially filed as complete. (Ord. 2167, § 37, 4/7/1998)

16.4.2 Public Notice.

16.4.2.1 Within five (5) working days of the date the application was submitted, the applicant must post public notice at a conspicuous place, easily read by the public and as close as possible to the site of the proposed development. The public notice must state that an application for waiver of permit requirement for the proposed development has been submitted to the County using standardized forms provided by the Department. (Ord. 2167, § 37, 4/7/1998; Ord. 2214, 6/6/2000)

16.4.2.2 The notice shall contain a general description of the nature of the proposed development. If the applicant fails to post and maintain the completed notice form throughout the waiver process, the Director shall refuse to file the application, or shall withdraw the application from filing if it has already been filed when he or she learns of such failure. The County shall revoke the waiver authorization if it determines that the waiver was granted without proper notice having been given and that the waiver would not have been issued and/or become effective if the views of the person(s) not notified had been made known to the Director or the Board of Supervisors. (Ord. 2167, § 37, 4/7/1998)

16.4.3 Notice of Intent to Issue a De Minimus Waiver. A Notice Of Intent To Issue A De Minimus Waiver shall be provided to the Coastal Commission and to persons known to be interested in the proposed development in the following manner:

After an application is accepted as complete and at least ten (10) working days prior to the decision on the application, the Director shall provide notice, by first class mail, of pending waiver of permit requirements. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or site, to all property owners and residents within three hundred (300) feet of the perimeters of the parcel on which the development is proposed, to all Planning Commission members, all members of the Board of Supervisors, referral agencies, and to the Coastal Commission. The Notice shall also be posted for public inspection at the Department. (Ord. 2167, § 37, 4/7/1998; Ord. 2214, 6/6/2000)

16.4.4 Contents of Notice of Intent to Issue a De Minimus Waiver. The Notice Of Intent To Issue A De Minimus Waiver shall contain the following information: (Added by Ord. 2167, Sec. 37, 4/7/98)

16.4.4.1 A description of the proposed project and location; (Ord. 2167, § 37, 4/7/1998)

16.4.4.2 A statement that the development is within the Coastal Zone; (Ord. 2167, § 37, 4/7/1998)

16.4.4.3 The date of filing of the application and the name of the applicant; (Ord. 2167, § 37, 4/7/1998)

16.4.4.4 The case number assigned to the application; (Ord. 2167, § 37, 4/7/1998)

16.4.4.5 The date of the hearing at which the waiver may become effective; (Ord. 2167, § 37, 4/7/1998)

16.4.4.6 The general procedure concerning submission of requests for a coastal development permit or other public comments either in writing or orally prior to the decision; (Ord. 2167, § 37, 4/7/1998)

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

Page 55 of 1183

Title III Land Use and Development | Humboldt County Code

16.4.4.7 A statement that a public comment period of ten (10) working days to allow for the submission of requests for a coastal development permit or other public comments by mail will be held prior to the decision. (Ord. 2167, § 37, 4/7/1998; Ord. 2214, 6/6/2000)

16.4.5 At the time a Notice Of Intent To Issue A De Minimus Waiver is provided to the public, the Director shall also report to the referral agencies and each Planning Commission member and each member of the Board of Supervisors the project description, recommended action and findings for each project under review pursuant to this section. A copy of the report shall also be available for public inspection at the Department ten (10) working days prior to issuing the waiver. (Ord. 2167, § 37, 4/7/1998; Ord. 2214, 6/6/2000; Ord. 2367A, 7/25/2006)

16.4.6 Notice of decision on an application for a De Minimus Waiver shall be given as follows: (Added by Ord. 2167, Sec. 37, 4/7/98)

16.4.6.1 Notice shall be provided in accordance with Section 312-6.7, Notice of Decision. (Ord. 2167, § 37, 4/7/ 1998; Ord. 2214, 6/6/2000)

16.4.6.2 The notice shall include the following information:

16.4.6.2.1 The action taken;

16.4.6.2.2 The effective date and expiration date; and

16.4.6.2.3 Procedures for appeal if applicable. (Ord. 2167, § 37, 4/7/1998; Ord. 2367A, 7/25/2006)

16.4.7 For a proposed development that is de minimus as defined in Chapter 3, Section C: Index of Definitions of Language and Legal Terms of this Code, and Section 30624.7 of the Coastal Act, the Director may issue a waiver from coastal development permit requirements of this ordinance subject to all of the provisions of this section. (Ord. 2167, § 37, 4/7/1998)

16.4.8 The Director shall not issue a waiver unless the site has been posted, and until the public comment period for the waiver has expired and no written requests for a coastal development permit have been submitted to the Department. If any referral agency, member of the Planning Commission or California Coastal Commission, or any member of the public requests that the waiver not be issued, the applicant shall be advised that a Coastal Development Permit is required if the applicant wishes to. proceed with the development. (Ord. 2167, § 37, 4/7/ 1998)

16.4.9 A decision on De Minimus Waivers shall not be deemed final and effective until all required findings have been made by the Director. (Ord. 2167, § 37, 4/7/1998)

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▸ Contents — Humboldt County Zoning Code
Humboldt County Zoning Code
  1. ▸ Title III
    Overview
    1. ▸ Division 1 — PLANNING
      Overview
      1. Chapter 2 — ADMINISTRATION, PROCEDURES, AMENDMENTS AND ENFORCE…
      2. Chapter 1
      3. ▸ Chapter 2
        Overview
        1. 1.2 DUTIES AND RESPONSIBILITIES OF THE ZONING ADMINISTRATOR
        2. 1.3 PLANNING COMMISSION FORMATION AND COMPOSITION
        3. 2.1 PURPOSE
        4. 2.2 REQUIRED ZONING CLEARANCE CERTIFICATE
        5. 2.3 FILING AND PROCESSING APPLICATIONS FOR A ZONING CLEARANCE …
        6. 2.5 EXPIRATION OF ZONING CLEARANCE CERTIFICATES
        7. 3.2 VARIANCES
        8. 4.1 CONDITIONS
        9. 4.2 PROHIBITED CONDITIONS
        10. 4.3 SECURITY MAY BE REQUIRED
        11. 4.4 INSPECTION FEE
        12. 5.2 APPLICATION FORM AND FILING FEE
        13. 6.1 APPLICATION CHECK
        14. 6.3 PUBLIC REVIEW
        15. 6.5 PROJECT APPROVAL
        16. 6.7 NOTICE OF DECISION
        17. 7.1 INITIAL STUDY CONFERENCE
        18. 7.2 PUBLIC COASTAL ACCESS PROTECTION REVIEW
        19. 7.4 WETLAND RESTORATION PLAN PROCEDURE
        20. 7.5 APPLICATION PROCESSING RESPONSIBILITIES FOR OTHER COUNTY D…
        21. 8.1 NOTICE OF APPLICATION SUBMITTAL
        22. 8.2 CONTENT OF THE NOTICE OF APPLICATION SUBMITTAL
        23. 8.3 NOTICE OF PUBLIC HEARING
        24. 8.4 CONTENT OF A PUBLIC HEARING NOTICE
        25. 8.5 REQUESTS FOR NOTIFICATION
        26. 9.1 PUBLIC HEARINGS REQUIRED UNLESS WAIVED
        27. 9.2 PUBLIC HEARING MAY BE WAIVED
        28. 10.1 EFFECT OF PERMIT OR VARIANCE
        29. 10.2 EFFECTIVE DATE OF PERMIT OR VARIANCE
        30. 10.3 ASSIGNMENTS OF PERMITS AND VARIANCES
        31. 10.4 RIGHTS ATTACHED TO PERMITS AND VARIANCES
        32. 10.5 EXPIRATION OF DEVELOPMENT PERMITS AND VARIANCES
        33. 10.6 RENEWAL OF DEVELOPMENT PERMITS AND VARIANCES
        34. 11.1 MINOR DEVIATION FROM THE PLOT PLAN
        35. 11.2 APPLICATION FOR MODIFICATION OF A DEVELOPMENT PERMIT OR V…
        36. 11.3 EXTENSION OF A PERMIT OR VARIANCE
        37. 12.1 REAPPLICATION IF APPLICATION IS DENIED
        38. 13.1 APPEALS TO THE BOARD OF SUPERVISORS
        39. 13.2 GROUNDS FOR APPEAL
        40. 13.3 EFFECT OF FILING AN APPEAL
        41. 13.4 PROCESSING AN APPEAL
        42. 13.5 HEARING REQUIRED
        43. 13.6 NOTICE OF PUBLIC HEARING
        44. 13.7 DECISION AND NOTICE OF FINAL ACTION
        45. 13.8 FINALITY AND EFFECTIVE DATE
        46. 13.9 IF NO DECISION REACHED
        47. 13.10 RIGHT TO DECIDE ALL MATTERS
        48. 13.11 MAJOR VEGETATION REMOVAL: APPEAL OF THE DIRECTOR’S DETER…
        49. 13.12 APPEALS TO THE COASTAL COMMISSION
        50. 13.13 GROUNDS FOR APPEAL TO THE COASTAL COMMISSION
        51. 14.1 SUSPENSION
        52. 14.2 REVOCATION
        53. 15.1 APPLICABILITY
        54. 15.4 CRITERIA FOR WAIVER OF PROCEDURES
        55. 15.5 STANDARD PERMIT OR VARIANCE REQUIRED
        56. 16.1 APPLICABILITY
        57. 16.3 APPLICATION FOR WAIVER OF PROCEDURES
        58. 16.4 PROCEEDINGS FOR WAIVER OF PROCEDURES
        59. 16.5 FINDINGS
        60. 16.6 DECISION ON DE MINIMUS WAIVERS IS FINAL
        61. 16.7 EXPIRATION OF DE MINIMUS WAIVERS
        62. 17.2 REQUIRED FINDINGS FOR VARIANCES
        63. 17.3 SUPPLEMENTAL FINDINGS
        64. 18.1 CONDITIONALLY PERMITTED USES IN AN AE ZONE
        65. 19.1 OIL AND GAS PIPELINES
        66. 19.2 SOLID WASTE DISPOSAL
        67. 21.1 USES PERMITTED WITH A CONDITIONAL OR SPECIAL PERMIT IN TC…
        68. 22.2 SURFACE MINING
        69. 23.1 HAZARDOUS INDUSTRY
        70. 25.1 SECONDARY DWELLING UNIT
        71. 26.1 ALQUIST-PRIOLO GEOLOGIC FAULT HAZARD AREAS
        72. 30.1 CONDITIONALLY PERMITTED USES IN AN AE ZONE
        73. 31.1 ELECTRICAL TRANSMISSION LINES
        74. 31.3 WIND ELECTRICAL GENERATING FACILITIES
        75. 31.4 SOLID WASTE DISPOSAL
        76. 32.1 NEIGHBORHOOD COMMERCIAL
        77. 35.1 COASTAL DEPENDENT INDUSTRY
        78. 35.2 MARINE PETROLEUM TRANSFER FACILITIES
        79. 35.3 DREDGE SPOILS DISPOSAL
        80. 38.2 COASTAL SHORELINES
        81. 39.2 PUBLIC ACCESS
        82. 39.3 COASTAL SCENIC AREAS
        83. 39.4 COASTAL STREAMS AND RIPARIAN AREAS
        84. 39.5 COASTAL VIEW AREAS
        85. 39.6 COASTAL DUNE AND BEACH AREAS
        86. 39.7 COASTAL ELK HABITAT AREAS
        87. 39.8 COASTAL NATURAL DRAINAGE COURSES
        88. 39.9 COASTAL NATURAL LANDFORMS
        89. 39.10 OFFSHORE ROCKS AND ROCKY INTERTIDAL AREAS
        90. 39.11 COASTAL ROAD CONSTRUCTION
        91. 39.12 COASTAL TRANSITIONAL AGRICULTURAL LAND
        92. 39.13 COASTAL VEGETATION REMOVAL, MAJOR
        93. 39.14 COASTAL WETLANDS
        94. 39.15 COASTAL WETLAND BUFFERS
        95. 40.2 SUBDIVISIONS IN AGRICULTURAL EXCLUSIVE 160 AND 600 ACRE M…
        96. 40.3 SUBDIVISIONS IN A COMMERCIAL RECREATION ZONE
        97. 41.1 FINDINGS FOR EXCEPTIONS
        98. 42.1 PURPOSE
        99. 42.2 APPLICABILITY
        100. 42.3 DEFINITIONS
        101. 42.4 NOTICE TO THE PUBLIC OF AVAILABILITY OF ACCOMMODATION PRO…
        102. 42.5 APPLICATION REQUIREMENTS
        103. 42.6 REVIEW AUTHORITY AND PROCEDURES
        104. 42.7 FINDINGS AND DECISION
        105. 42.8 ALTERNATIVE REASONABLE ACCOMMODATIONS
        106. 42.9 APPEAL FILING AND PROCEDURES
        107. 42.10 EXPIRATION OF REASONABLE ACCOMMODATION
        108. 50.1 PURPOSE
        109. 50.2 AUTHORITY TO MAKE AMENDMENTS
        110. 50.3 REQUIRED FINDINGS FOR ALL AMENDMENTS
        111. 50.4 INITIATING AMENDMENTS
        112. 50.5 PETITION FORM, FILING, AND FEE
        113. 50.6 PETITION IN CONJUNCTION WITH A GENERAL PLAN AMENDMENT
        114. 50.7 PROCESSING OF PROPOSED AMENDMENTS
        115. 50.8 SUPPLEMENTAL TIMBERLAND PRODUCTION ZONING PROCEDURES
        116. 51.1 DUTY TO ENFORCE
        117. 51.2 EXCEPTIONS
        118. 51.3 PERMITS IN CONFLICT WITH THIS CODE
        119. 51.4 INSPECTION TO ENSURE COMPLIANCE
        120. 51.5 VIOLATION OF THE COUNTY ZONING REGULATIONS
      4. Chapter 3
      5. Part 1 — PRINCIPAL ZONES
      6. Part 2 — SPECIAL AREA COMBINING ZONES
      7. Part 1 — USES AND ACTIVITIES
      8. Part 2 — STRUCTURES AND FACILITIES
      9. Part 3 — DEVELOPMENT STANDARDS
      10. Part 4 — REGULATIONS THAT APPLY IN SENSITIVE HABITATS AND HAZA…
      11. Part 5 — NONCONFORMING USES AND STRUCTURES
      12. Part 1 — CLASSIFICATION OF USE TYPES
      13. Part 2 — GLOSSARY OF USE TYPES
      14. Part 1 — PRINCIPAL ZONES
      15. Part 2 — REGULATIONS FOR THE COMBINING ZONES
      16. Part 1 — USES AND ACTIVITIES
      17. Part 2 — STRUCTURES AND FACILITIES
      18. Part 3 — DEVELOPMENT STANDARDS
      19. Part 4 — (SECTION RESERVED FOR FUTURE USE)
      20. Part 5 — NONCONFORMING USES AND STRUCTURES
      21. Part 1 — CLASSIFICATION OF USE TYPES
      22. Part 2 — GLOSSARY OF USE TYPES
  2. Title III — LAND USE AND DEVELOPMENT

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