35.1 T: TRANSITIONAL AGRICULTURAL LANDS

35.1.1 Purpose. The purpose of these regulations is to permit agricultural use as a principal permitted use while providing that development in transitional agricultural lands is conducted in such a manner as to maintain longterm wetland habitat values and minimize short-term habitat degradation within these environmentally sensitive habitat areas. (Former Section CZ#A314-64(A))

35.1.2 Applicability. These regulations shall apply to land containing transitional agricultural land designated “T” on the Zoning Maps, and to unmapped areas as defined in this Chapter, Section C: Index of Definitions of Language and Legal Terms. These regulations shall not apply to lands designated “W” - “Wetland,” which are subject to the Wetland Area Combining Zone Regulations set forth in this chapter. (Former Section CZ#A314-64(B))

The following criteria shall be used to

determine the upland boundary of transitional agricultural land: (Former Section CZ#A314-64(C)(1))

35.1.3.1 Either the boundary of a clearly defined slough which is periodically covered with standing water; or (Former Section CZ#A314-64(C)(1)(a))

35.1.3.2 The boundary of the area which would be below tidal elevations (plus five (+5) feet) above mean sea level) if tidegates, dikes, or other drainage works were not in place; or (Former Section CZ#A314-64(C)(1)(b))

35.1.3.3 As determined pursuant to the requirements of the Transitional Agricultural Land Boundary Adjustment of this section (see subsection 313-35.1.4). (Former Section CZ#A314-64(C)(1)(c))

35.1.4.1 If any party claims that lands (or portions of lands) below the plus five (+5) foot elevation (above mean sea level) are not Transitional Agricultural Lands, the burden of proof thereof rests upon said party. (Former Section CZ#A314-64(D)(1))

35.1.4.2 If any party claims that lands (or portions of lands) above the plus five (+5) foot elevation (above mean sea level) are Transitional Agricultural Lands, the burden of proof thereof rests upon said party. (Former Section CZ#A314-64(D)(2))

35.1.4.3 In any dispute under subsections 35.1.4.1 or 35.1.4.2, the factors to be considered shall include but not be limited to a review and analysis of the boundary of the wetland prior to alteration for agricultural use,

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

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as indicated by soils maps, elevation, or historic information, including maps and photographs. (Former Section CZ#A314-64(D)(3))

Notwithstanding the Determinations of

Transitional Agricultural Land Boundary or the Transitional Agricultural Land Boundary Adjustment Regulations (see Sections 35.1.3 and 35.1.4), any areas with drained or filled hydric soils that are no longer capable of supporting a predominance of hydrophytes shall not be considered transitional agricultural lands and such areas are exempt from the requirements of this section. (Former Section CZ#A314-64(E))

Any dispute or uncertainty

regarding the precise locations of boundaries of the Transitional Agricultural Land designation shall be resolved in accordance with the Procedure for Boundary Adjustment of Sensitive Habitat Areas. (Former Section CZ#A314-64(F))

The provisions of the

Transitional Agricultural Land Regulations shall be in addition to regulations imposed by the Principal Zones, Development Regulations, and other Special Area Combining Zone regulations. Wherever the provisions of these regulations conflict with or are inconsistent in application with any other regulation, the regulation most protective of wetland resources shall apply. (Former Section CZ#A314-64(G))

35.1.8 Consultation with Agencies. In reviewing applications for new agricultural development within Transitional Agricultural Land, the County shall cooperate closely with the Coastal Commission, the Department of Fish and Game, Agricultural Stabilization and Soil Conservation Service, Agricultural Extension, and farm organizations. Agencies commenting on proposed development within Transitional Agricultural Lands shall be requested to respond to the Planning Division within ten (10) working days of the receipt of the notice. (Former Section CZ#A314-64(H))

35.1.9 Permitted Diking and Filling. Permitted diking and filling shall be limited to the following developments:

35.1.9.1 Principal permitted uses in the AE Agricultural Exclusive Zone. (Former Section CZ#A314-64(I)(1))

erosion. Modification of dikes includes minor relocation where, for example, a river changes course necessitating relocation of the dike landward or seaward, provided however, that there is no significant increase in gross acreage under cultivation. (Former Section CZ#A314-64(I)(2))

35.1.9.3 Oil and gas wells, subject to the Oil and Gas Drilling and Processing Regulations. (Former Section CZ#A314-64(I)(3))

35.1.9.4 Incidental public service purposes. (Former Section CZ#A314-64(I)(4))

35.1.9.5 Wetland restoration. (Former Section CZ#A314-64(I)(5))

35.1.10 Permitted Dredging. Dredging in Transitional Agricultural land shall be limited to: (Former Section CZ#A314-64(J))

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

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35.1.10.1 Pipelines, transmission lines and incidental public service purposes; (Former Section CZ#A314-64(J)(1))

35.1.10.2 Maintenance or replacement of levees, roads, fences, dikes, drainage channels, floodgates, and tide gates; (Former Section CZ#A314-64(J)(2))

35.1.10.3 Maintenance dredging for flood control and drainage purposes; and (Former Section CZ#A314-64(J)(3))

35.1.10.4 Wetlands, fishery and wildlife enhancement, and restoration projects. (Former Section CZ#A314-64(J)(4))

35.1.11 Land Divisions. Notwithstanding the provisions of this Code’s Land Division Regulations to the contrary, no division of Transitional Agricultural Lands shall be permitted which would create a new parcel of less than sixty acres (60a) if the parcel created will consist entirely of designated Transitional Agricultural Lands, except where the division is necessary for a wetland restoration project. (Former Section CZ#A314-64(K))

35.1.12 Findings Required. Prior to approval of new development within Transitional Agricultural Lands, the applicable Resource Protection Impact Findings of Chapter 2, Procedures, Supplemental Findings, shall be made. (Former Section CZ#A314-64(L))

35.1.13 Required Mitigations. The following mitigations shall be required for all development, as applicable: (Former Section CZ#A314-64(M))

35.1.13.1 Where feasible, new structures shall be sited one hundred (100) feet from the edge of tidal or nontidal sloughs; (Former Section CZ#A314-64(M)(1))

35.1.13.2 Where feasible, new structures shall be clustered adjacent to existing structures; (Former Section CZ#A314-64(M)(2))

35.1.13.3 Road crossings of sloughs, channels and ditches shall be by culvert or bridge. It should be noted that all crossings may require a stream alteration agreement with the California Department of Fish and Game (contact the State Agency for more information, as the County does not create or process these agreements); (Former Section CZ#A314-64(M)(3))

35.1.13.4 Any dikes or fill constructed as a part of an oil and gas development shall be removed upon completion of the activity and the site revegetated to its former condition; (Former Section CZ#A314-64(M)(4))

35.1.13.5 Diking or fill constructed as a part of oil and gas well construction shall be mitigated consistent with the mitigation requirements of the Coastal Wetland regulations. (Former Section CZ#A314-64(M)(5))

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

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313-36 & 313-37 (Sections Reserved for Future Use)

313-38 “W” Combining Zone Designations