55.2 OUTDOOR CULTIVATION OF CANNABIS FOR PERSONAL USE

55.2.1 Authority and Title. This section (hereafter all references to “this section” or “this Code” mean Section 313-55.2 et seq. of the Humboldt County certified coastal zoning regulations) shall be known and may be cited as the “Cannabis Land Use Code for Personal Outdoor Cultivation.”

55.2.2 Purpose and Intent. The purpose and intent of the Cannabis Land Use Code for Personal Outdoor Cultivation (“this Code”) is to establish reasonable regulations governing the outdoor cultivation of cannabis for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three (3) primary needs: the needs of people to have access to cannabis; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of cannabis for an individual’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor cannabis cultivation.

Despite the three (3) needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; or allow any activity relating to the cultivation, processing, distribution, or consumption of cannabis that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under State law and it is not intended to authorize conduct that is otherwise prohibited by State law.

55.2.8.1 Any violation of this section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law. Development that exceeds the minimum necessary to abate the public nuisance requires a Coastal Development Permit.

55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship:

55.2.9.1 Low Odor Strains. To alleviate the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.

55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.

55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.

55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near cannabis or the area where cannabis is being cultivated. Grow, process, and store cannabis in as “organic” and safe a fashion as possible to reduce potential adverse effects during use.

55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices – Northern California Farmer’s Guide.

55.2.3.1 The outdoor cultivation and processing of cannabis for personal use within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.

55.2.3.2 Nothing in this Code is intended to exempt, nor shall it be construed to exempt, any outdoor cultivation of cannabis for personal use from compliance with the Humboldt County zoning and land use regulations, or all applicable local and State construction, electrical, plumbing, land use, or any other building

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

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or land use standards or permitting requirements, or any other applicable provisions of the County Code, or compliance with the Coastal Act, or any other applicable State or Federal laws. If outdoor cultivation of cannabis for personal use involves development as defined under Section 30106 of the Coastal Act, pursuant to Section 312-3.1.4 a coastal development permit must be secured, unless the development is exempted or excluded under the California Public Resources Code (Section 30000, and following) or the California Code of Regulations.

55.2.3.3 Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants.

55.2.3.4 The definitions in this Code are intended to apply to this Code. Applicable definitions in Sections 313-136 et seq. and 111-1 et seq. may also apply to this Code.

55.2.4 Compliance with Other Laws. No provision of this section shall be construed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or Federal law or this Code. Nothing in this section shall be construed to allow any activity relating to the cultivation, distribution, or consumption of cannabis that is otherwise illegal under State or Federal law. No provision of this section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.

55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code, or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one (1) or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.

55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:

Acre: means forty-three thousand five hundred sixty (43,560) square feet. See also the definition of “Lot Size” found under Section 313-147.

Cannabis: means any mature or immature male or female Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties.

Canopy: means the area, in square feet, of vegetative growth, of a cannabis plant including starts.

Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.

Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.

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

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Outdoor Cultivation of Cannabis for Personal Use: means the planting, growing, harvesting, drying, processing, or storage of one (1) or more cannabis plants, or any part thereof, in any outdoor location. Such cultivation shall be subordinate, incidental, and accessory to an existing residential use.

Personal Use Cannabis: cannabis that is cultivated, processed, or stored for a single person or household’s exclusive use.

Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.

Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.

Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this section.

Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.

School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.

School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, Section 1238, to receive school buses, as defined in California Vehicle Code Section 233, or school pupil activity buses, as defined in Vehicle Code Section 546.

Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.

55.2.7 Outdoor Cultivation for Personal Use. The County shall not interfere with outdoor cultivation of cannabis for personal use in the Coastal Zone, so long as the cultivation is in conformance with this Code and State law, including the California Coastal Act.

In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, all outdoor cannabis cultivation and processing for personal use shall be in conformance with the following standards:

55.2.7.1 Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 313-147.

55.2.7.2 Cultivation of cannabis outdoors for personal use is allowed as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:

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

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55.2.7.2.1 On parcels one (1) acre or smaller in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of the cannabis cultivated outdoors does not exceed one hundred (100) square feet in size, and no part of the cultivation area occurs within twenty (20) feet of a property boundary line; and

55.2.7.2.2 On parcels greater than one (1) acre in size, up to six (6) plants may be cultivated for personal use provided the total plant canopy of cannabis cultivated outdoors does not exceed two hundred (200) square feet in size, no part of the cultivation area occurs within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and

55.2.7.2.3 No outdoor cultivation for personal use may occur within six hundred (600) feet of any school, school bus stop, public park, place of religious worship, or traditional Native American cultural site, so long as these uses existed prior to the outdoor cultivation of cannabis in compliance with this Code; and

55.2.7.2.4 Indoor cannabis cultivation for personal use may not occur in addition to the outdoor cultivation provisions described herein; and

55.2.7.2.5 No person may cultivate cannabis for his or her personal use in more than one (1) residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and

55.2.7.2.6 Cultivation within a greenhouse or “hoophouse” for personal use shall be deemed outdoor cultivation subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks; and

55.2.7.2.7 No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor cultivation of cannabis for personal use; and

55.2.7.2.8 The outdoor cultivation of cannabis shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of cannabis; and

55.2.7.2.9 Where applicable, private water systems utilized in association with outdoor cultivation of cannabis pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a lake and streambed alteration agreement is necessary. If such an agreement is required, the water use must comply with all of its terms.

55.2.7.3 On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of cannabis for personal use may only be done by a person who occupies a permitted residence located on the same property that is host to the cultivation activities. If the person cultivating cannabis

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

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outdoors for personal use is not the owner of the property, they must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent, specifically approving the outdoor cultivation on the property.