Shasta County Municipal Code Art. I Uses Permitted in All Districts

There are certain land uses that are an integral part of the county which, because of their reliance on the county's natural resource base, must necessarily operate where the resource is located. There are other types of uses which depend on varying geographic conditions or locational requirements that do not fit within a standard zone district and, therefore, must be reviewed on a case-by-case basis. The uses described in Sections 17.88.020 through 17.88.110 of Article I may be located in most or all districts, subject to the specified limitations and requirements, unless the use directly conflicts with a specific district regulation.

(Prior code § 5.03.010 (part))

A. The exploration, extraction and processing of minerals, rock, sand, gravel, topsoil or steam for commercial purposes and accessory uses may be allowed; provided, a use permit is issued in each case except that asphalt plants and portland cement concrete plants shall be located only in industrial (I) and mineral resource (MR) districts. The provisions of Chapter 18.04 of this code (Surface Mining and Reclamation Act) shall apply to all mineral extraction activities.

B. Mining may be permitted in the in-stream or gravel bar areas of a river or creek; provided, a use permit is issued in each case, and the removal of sand and gravel is:

1. Conducted during a declared civil or hazardous material emergency or natural disaster to relieve or correct potential hazards to the public health, safety or welfare caused by such emergency or disaster; or

2. For removal of dredger tailings for reclamation purposes only; or

3. To protect a public structure such as a bridge, when it is determined to be necessary by the public entity responsible for such structure; or

4. To remove a build up of sand and gravel to maintain the channel capacity and prevent flooding.

C. For Section 17.88.020B2, B3 and B4, a use permit and reclamation plan for mining of in-stream and gravel bar areas shall be based on a stream management program, prepared by qualified professionals in appropriate disciplines, which includes data and analysis to show that:

1. The mining or skimming shall not lower the stream bed below the designed optimum engineered channel profile and cross sections;

2. The mining or skimming shall not cause a drop in the surrounding water table;

3. There shall be no significant adverse impact on in-stream habitat, riparian habitat, wetlands, or rare, threatened, or endangered species of fish, wildlife or plants;

4. Salmon and steelhead trout spawning gravel within critically important streams, as identified in Section 17.22.030D, shall be strictly protected. All gravel that is the appropriate size for spawning gravel for salmon and steelhead trout shall be left undisturbed, or removed and returned to the river or stream in a manner approved by the Department of Fish and Game;

5. There shall be no significant adverse impact on existing structures, including bridges and levees;

6. There shall be no significant increase in bank erosion, deposition or flooding caused by the extraction activity.

D. Mining may be permitted in the floodplain area of a river or stream; provided, a use permit is issued in each case, and a plan is prepared by a qualified professional including data and analysis to show that the proposed mining in the floodplain will not alter the course of the adjacent river or stream, will not cause river or stream to flow through the mined area, and will not significantly change the boundaries of the floodplain.

E. Mining may be permitted in areas of agricultural soils; provided, a use permit is issued in each case, and a plan is submitted by a qualified professional including data and analysis to show that the soil shall be replaced in such a way as to maintain the same or better agricultural qualities and class as existed prior to mining disturbance. Mining in A-cg designated areas is subject to general plan policy AG-g.

F. An operating term shall be required for each mining use permit. This would set a defined length of time during which mining may occur. Any extensions beyond the permit expiration would require further environmental review and discretionary approval. The term of mining should be balanced so as to allow sufficient time for the operator to amortize investments, without sacrificing regulatory effectiveness. The maximum length of time for which any mining permit may be approved is thirty years.

G. Discretionary land use permits within one-half mile of an IMR district shall be mitigated, as determined necessary by CEQA review, to prevent conflicts with existing and potential mining operations.

(Ord. 99-5 § 7, 1999: Ord. 93-14 § 1, 1993: prior code § 5.03.010 (A))

A. Small hydropower facilities may be permitted with an approved administrative permit, if all of the following are met:

1. The project is located in an EA, TP, TL, MR, F-1, M-L, M, or PF district;

2. The height of the diversion structure, the amount of water to be impounded by it and the electrical capability of the facility will qualify the project for an exemption from the licensing requirements administered by the Federal Energy Regulatory Commission;

3. The level of mechanical noise generated by the facility, when measured at the property lines of the site on the CNEL scale, shall not exceed the higher of either 55 dBA higher than the ambient noise level on properties adjoining the project site;

4. A grading plan is submitted to the planning department for review and approval by the department of public works. The plan shall include all provisions necessary to stabilize and revegetate all land temporarily or permanently disturbed by the construction and operation of the facility;

5. Security acceptable to the county has been filed by the owner or operator of the facility with the planning department to insure compliance with the requirements of subsection D of this section. The amount of any security filed by the owner or operator of the facility with the Department of Fish and Game or the Regional Water Quality Control Board may be used to offset part or all of the security required under this subsection;

6. The proposed project meets the requirements of the California Department of Fish and Game;

7. The proposed project meets the requirements of the Regional Water Quality Control Board;

8. The project sponsor receives the necessary license or exemption from the Federal Energy Regulatory Commission;

9. The proposed project meets applicable requirements of the U.S. Fish and Wildlife Service;

10. The project sponsor owns or has the concurrence of the property owner of the site on which the project will be located;

11. If, in the course of development, any archaeological, historical or paleontological resources are uncovered, discovered or otherwise detected or observed, construction activities in the affected area shall cease and a qualified archaeologist shall be contracted to review the site and advise the county of the site's significance. If the findings are deemed significant by the environmental review officer, appropriate mitigation measures shall be required.

B. If any of the above criteria are not met, the facility may be permitted if a use permit is issued for it.

(Ord. 95-3 § 78, 1995; prior code § 5.03.010 (B))

Small wind energy systems may be permitted with either an approved administrative permit or use permit, subject to the following requirements.

A. The following definitions govern this section:

"Small wind energy system" means a wind energy conversion system consisting of a wind turbine(s), a tower(s), and associated control or conversion electronics which will be used to reduce on-site consumption of utility electricity obtained via the electric grid or to enable on-site generation of electricity in lieu of connecting to the electric grid.

"Tower height" means the height above grade of the fixed position of the tower, excluding the wind turbine.

B. One wind turbine may be permitted with an approved administrative permit. Two or more wind turbines may be permitted with an approved use permit.

C. With an approved administrative permit, tower heights of not more than sixty-five feet shall be allowed on parcels between one and five acres, and tower heights of not more than eighty feet shall be allowed on parcels greater than five acres, provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system. Tower heights in excess of the aforementioned limits may be permitted with an approved use permit.

D. Setbacks for the system tower from the property line shall be no less than the height of the system, provided that it also complies with any applicable fire setback requirements including, but not limited to, Section 4290 of the Public Resources Code as it may be amended from time to time.

E. Decibel levels for the system shall not exceed the noise standards established in the Noise Element of the General Plan, except during short-term events such as utility outages and severe wind storms.

F. The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 [commencing with Section 21001] of Division 9 of the Public Utilities Code) as those requirements may be amended from time to time.

G. The applicant shall provide information demonstrating that the system will be used to reduce on-site consumption of electricity obtained via the electric grid or to enable on-site generation of electricity in lieu of connecting to the electric grid. The application shall include evidence, unless the applicant does not plan to connect the system to the electric grid, that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator.

H. A small wind energy system shall not be allowed where otherwise prohibited by any of the following:

1. A comprehensive land use plan and implementing regulations adopted by an airport land use commission pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Division 9 of Part 1 of the Public Utilities Code.

2. The Alquist-Priolo Earthquake Fault Zoning Act, Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code.

3. The county to protect the scenic appearance of the scenic highway corridor pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of Streets and Highways Code.

4. The terms of a conservation easement entered into pursuant to the Open-space Easement Act of 1974, Chapter 6.6 (commencing with Section 51070) of Division 1 of Title 5 of the Government Code.

5. The terms of an agricultural conservation easement entered into pursuant to the California Farmland Conservancy Program Act, Division 10.23 (commencing with Section 10200) of the Public Resources Code.

6. The terms of a contract entered into pursuant to the Williamson Act, Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code.

7. The listing of the proposed site in the National Register of Historic Places or the California Register of Historical Resources pursuant to Section 5024.1 of the Public Resources Code.

I. In the event a small wind energy system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the county may take reasonable steps, concurrent with other notices issued pursuant to this subdivision, to notify aircraft pilots registered to operate in the county pursuant to Section 11921 of the Food and Agriculture Code as it may be amended from time to time.

(Ord. 2002-4 § 1 (part), 2002)

(Ord. No. 2022-04, § I, 7-12-2022)

Forest management activities, as described in the California Forest Practices Act, are permitted as long as the regulations of the Forest Practices Act, along with other applicable state regulations, are met.

(Prior code § 5.03.010 (C))

Fish and wildlife enhancement projects are permitted as approved by the Department of Fish and Game.

(Prior code § 5.03.010 (D))

Agricultural accessory buildings, as defined in 17.02.105, are permitted when accessory to a full-time or part-time agricultural use, provided the property on which the building is to be located is within a zone district that allows agricultural use by right, and the parcel meets the minimum acreage requirements for the zone district.

(Prior code § 5.03.010 (E))

(Ord. No. 2018-01, § 29, 7-17-2018)

Except in R-1, R-2, R-3, RM and MHP districts, circuses, carnivals, open air theaters, race tracks, boat races or similar uses involving temporary or intermittent assemblages of people, automobiles or boats, and that do not involve permanent structural improvements, may be permitted if an administrative permit is issued in each case and it is determined that the proposal will not adversely impact surrounding properties.

(Prior code § 5.03.010 (F))

(Ord. No. 2018-01, § 29, 7-17-2018)

A. Electric vehicle charging stations are a permitted use in all zone districts and are not subject to discretionary review provided the following criteria is met:

1. The proposed electric vehicle charging station or stations proposed would not cause a specific adverse impact as defined in Shasta County Code Section 16.14.040.

B. If the above criteria are not met, the facility may be permitted if a use permit is issued pursuant to Shasta County Code Section 16.14.070 and subject to Section 17.92.020.

(Ord. No. 2026-01, § II, 2-24-2026)

A. High voltage electrical transmission and distribution projects are permitted if a use permit is issued. Section 17.92.025 of this title governs those projects and sets forth various standards and requirements for applications, permit review, and related matters. In some cases, state and federal laws may regulate certain types or characteristics of these projects. This section shall be construed to provide the county with the maximum control consistent with such other laws.

B. Public uses and public utilities, with the exception of large wind energy systems as defined in subsection 17.88.335.B. of this chapter, are permitted if a use permit is issued, except that public utility transmission lines, towers, distribution poles and lines, regardless of height, and gas pipelines, which are not associated with high voltage electrical transmission and distribution projects, are permitted uses.

C. A use permit shall not be issued for a public use or utility or a high voltage electrical transmission and distribution project in a resource district unless findings are made that there is not a reasonable alternative site outside of a resource district, and the impacts from the project on the resource land have been reduced to the lowest reasonable level.

D. Notwithstanding subsections A and B and C of this section and Section 17.94.040, minor additions or alterations to existing public utility facilities or high voltage electrical transmission and distribution projects, such as construction of small, unmanned buildings or addition of microwave dishes to an existing tower, are permitted uses, and shall not require amendment of a use permit.

E. Notwithstanding subsections A and B and C of this section, small, new public utility facilities or small, new facilities associated with existing high voltage electrical transmission and distribution projects, such as unmanned telecommunication relay or booster stations, are permitted if an administrative permit is issued.

(Ord. No. 2010-03, § III, 8-3-2010; Ord. No. 2022-04, § II, 7-12-2022)

Editor's note— Ord. No. 2010-03, § III, adopted Aug. 3, 2010, renamed § 17.88.100 from "Public uses and public utilities" to "Public uses, public utilities, and high voltage electrical transmission and distribution projects."

Except in R-1, R-2, R-3, RM and MHP districts, airports, landing strips and heliports are permitted if a use permit is issued.

(Prior code § 5.03.010 (J))