38.1 W: COASTAL WETLAND AREAS

38.1.1 Purpose. The purpose of these provisions is to establish regulations to provide that any development in coastal wetlands will not degrade the wetland, but will maintain optimum populations of marine or freshwater organisms and, where feasible, will enhance wetland resources. (Former Section CZ#A314-56(A))

38.1.2 Applicability of the Wetland Area Regulations. These Wetland Area Regulations shall apply to lands containing wetlands designated “W” on the Zoning Maps, and shall also apply to unmapped wetlands. These regulations shall not apply to lands designated “T - Transitional Agricultural Lands,” which are subject to the Coastal Transitional Agricultural Lands Regulations. (Former Section CZ#A314-56(B))

38.1.3 Modifications Imposed by the Wetland Area Regulations. These regulations shall apply in addition to regulations imposed by the principal zone, 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. Development requiring mitigation is also subject to supplemental application and review requirements in Chapter 2 of these regulations. (Former Section CZ#A314-56(C))

38.1.4 Consultation with Department of Fish and Game. The County shall request the California Department of Fish and Game to review development plans proposed within wetlands, and to respond within ten (10) working days of the referral. (Former Section CZ#A314-56(D))

38.1.5 Diking, Filling and Dredging. Permitted diking, filling and dredging shall be limited to the following developments: (Former Section CZ#A314-56(E))

38.1.5.1 Wetland restoration; (Former Section CZ#A314-56(E)(1))

38.1.5.2 Hunting blinds and similar minor facilities; (Former Section CZ#A314-56(E)(2))

38.1.5.3 In open coastal waters, other than wetlands, including estuaries, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide access and recreation opportunities. (Former Section CZ#A314-56(E)(3))

38.1.5.4 In wetland areas only, entrance channels for new or expanded boating facilities. (Former Section CZ#A314-56(E)(4))

38.1.5.5 Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. (Former Section CZ#A314-56(E)(5))

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

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38.1.5.6 Access facilities consistent with the access inventory development recommendations of the Coastal Land Use Plans; (Former Section CZ#A314-56(E)(6))

38.1.5.7 Aquaculture; however, upland support facilities that are not coastal-dependent shall not be located within designated Wetland Areas. (Former Section CZ#A314-56(E)(7))

38.1.5.8 Coastal-Dependent Industrial Use Types subject to the Coastal-Dependent Industrial Development Regulations at Section 313-45.1. (Former Section CZ#A314-56(E)(8))

38.1.6.1 Within the Humboldt Bay Planning Area, fill for development not specifically listed in subsection 38.1.5 may be permitted only if all of the Pocket Marsh Findings in Chapter 2, Section 312-39.14.2, are made. (Former Section CZ#A314-56(F)(1))

38.1.6.2.1 Restoration of an area to mitigate for the fill shall occur at a site which is contiguous or adjacent to a wetland area and which would provide significant fish and wildlife habitat benefits. (Former Section CZ#A314-56(F)(2)(a))

38.1.6.2.2 Mitigation must be consistent with the Required Mitigation regulations of Section 313-38.1.9. (Former Section CZ#A314-56(F)(2)(b))

38.1.7 Filling of Dune Hollows. Permitted filling of dune hollow wetlands located on the North Spit of Humboldt Bay shall be limited to the following: (Former Section CZ#A314-56(G))

38.1.7.1 Wetland restoration; (Former Section CZ#A314-56(G)(1))

• 38.1.7.2 Hunting blinds and similar minor facilities; (Former Section CZ#A314-56(G)(2))

38.1.7.3 In estuaries, maintenance and improvement of boating facilities and minor alterations to existing facilities, allowable consistent with Public Resources Code Section 30233; (Former Section CZ#A314-56(G)(3))

38.1.7.4 Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines; (Former Section CZ#A314-56(G)(4))

38.1.7.5 Access facilities consistent with the access inventory development recommendations of the Coastal Land Use Plans (the Coastal Land Use Plans are a component of the County General Plan and may be reviewed at the Planning and Building Divisions of Community Development Services); (Former Section CZ#A314-56(G)(5))

38.1.7.6 Aquaculture; however, upland support facilities, including steel or concrete holding tanks and raceways, administrative buildings, and parking facilities may not be located within dune hollow wetland areas; (Former Section CZ#A314-56(G)(6))

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

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38.1.7.7 Coastal-Dependent Industrial Use Types subject to the Coastal-Dependent Industrial Development Regulations at Section 313-45.1; and (Former Section CZ#A314-56(G)(7))

38.1.8.8 Expansion of existing industrial facilities. (Former Section CZ#A314-56(G)(8))

38.1.8 Required Findings. The diking, filling, and dredging of wetlands shall be permitted only if the applicable Resource Protection Impact Findings in Chapter 2, Procedures, are made. (Former Section CZ#A314-56(H))

38.1.9.1 If the project involves dredging, mitigation measures must include at least the following: (Former Section CZ#A314-56(I)(1))

38.1.9.1.1 Dredging and spoils disposal must be planned and carried out to avoid significant disruption to wetland habitats and to water circulation. (Former Section CZ#A314-56(I)(1)(a))

38.1.9.1.2 Dredge spoils suitable for beach replenishment shall, where feasible, be transported to appropriate beaches or into suitable longshore current systems. (Former Section CZ#A314-56(I)(1)(b))

38.1.9.2 If the project involves diking or filling of a wetland, required minimum mitigation measures shall include the following: (Former Section CZ#A314-56(I)(2))

38.1.9.2.1 Either acquisition of equivalent areas of equal or greater biological productivity or opening up equivalent areas to tidal action. (Former Section CZ#A314-56(I)(2)(a))

38.1.9.2.1.1 A restoration plan shall be prepared, pursuant to the Wetland Restoration Plan Procedures in Chapter 2, Procedures, of these regulations, which includes provisions for purchase and restoration of an equivalent area of equal or greater biological productivity. (Former Section CZ#A314-56(I)(2)(a)(i))

38.1.9.2.1.2 The mitigation site shall be purchased before the dike or fill development may proceed. (Former Section CZ#A314-56(I)(2)(a)(ii))

38.1.9.2.1.3 The site shall be protected permanently through the dedication of the land to a public agency capable of managing the resource or through open space easements or similar restrictions. (Former Section CZ#A314-56(I)(2)(a)(iii))

38.1.9.2.1.4 The restoration plan shall provide for appropriate public access to the restoration site. (Former Section CZ#A314-56(I)(2)(a)(iv))

38.1.9.2.2 Where no appropriate restoration sites are available, an in-lieu fee shall be required and paid to an appropriate public agency, which fee shall be of sufficient value for the purchase and restoration of an area of equivalent productive value or equivalent surface area. (Former Section CZ#A314-56(I)(2)(b))

38.1.9.3 Mitigation measures shall not be required for temporary or short-term fill or diking, if a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time. For the purposes of this section, “short-term” generally means that the fill or dikes

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

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would be removed immediately upon completion of the construction of the project necessitating the shortterm fill or diking. (Former Section CZ#A314-56(I)(3))

313-39 “X” Combining Zone Designations