Trinity County Urgency Ordinance Creates Rules to Allow Cannabis Cultivation, Manufacturing and Retail
- Posted by Laura Croft, Esq
- On October 29, 2016
- breaking, cannabis cultivation, Cannabis License, Cannabis Permit, commercial cultivation, MCRSA, regulation, Trinity County, urgency ordinance
On August 30, 2016, the Trinity County Board of Supervisors voted unanimously to enact an Urgency Ordinance 315-816 creating a commercial medical cannabis cultivation regulation and permit program. The ordinance took effect immediately for a 45-day period, subject thereafter to extension or revision by the Board of Supervisors.
In response to California’s Medical Cannabis Regulation Act (MCRSA AB266; AB 243; AB 643) and concerns related to the unregulated proliferation of marijuana activity, Trinity County found the urgency ordinance “necessary for the immediate preservation of the public peace, health and safety by balancing the needs of medical patients and their caregivers with the needs of the community to be protected from public safety and nuisance issues associated with the cultivation of cannabis.” (Urgency Ordinance 315-816).
The ordinance pledges to address and meet the needs of 1) medical patients and their caregivers; 2) neighbors, the community and public safety; and 3) the environmental impacts associated with marijuana cultivation.
The main points of the urgency ordinance include:
Application – Application grants provisional permission to cultivate marijuana plants within the guidelines of this chapter and state law. Applicants will be exempt from the plant count restrictions in the existing Trinity County personal grow ordinance, and rather be subject to the square footage provisions in Type I and Type II of MCRSA.
Applicants shall be entitled to priority processing for future permit applications. The order of priority for processing for a permanent license will be determined by date of enrollment with the North Coast Region Water Quality Control Board NCRWQCB Order #2015-0023. Applicants must first get a waiver of wastewater discharge from the NCRWQCB. NCRWQB has more information on the waiver requirement.
Only one Application may be submitted per person/entity of per legal parcel. Additionally, applicants must have a one year proof of residency and there is a cap of 500 permits allowed at this time.
Restrictions – There are also restrictions on the site of the cultivation. Trinity County will not permit activity in the following areas: within 1000 feet of a youth-orientated facility, a school, any church, residential treatment facility or within 500 feet of a school bus stop; any location where marijuana plants are visible to the public; any parcel without a legal housing structure of active building permit; within boundaries of Whiskey-Shasta Trinity National Recreation Area or Ruth Lake Community District; Timber Productions Zones (exception to Phase I Applicants); R1, R2 and R3 (residential zones); and within 350 feet of residential structure.
Registration – Within sixty (60) days of adoption of this ordinance any person or entity cultivating commercial medical marijuana within Trinity County may register with the Trinity County Planning Department. Registration shall be on a form provided by the Trinity County Planning Department and, at a minimum, shall require the name and mailing address of the registrant; the location address, Assessor’s Parcel Number and site map of the cultivation location.
Fees – Trinity County will collect a fee from each registrant upon application of a medical cannabis cultivation site in the amount of $4000.00 (Type I MCRSA) or $5000.00 (Tyle II MCRSA), plus $1000.00 for general plan update.
When the 45 day time period runs out, the urgency ordinance will come before the Board of Supervisors for revisions or extension. The community is voicing concerns over restrictions on cultivation sites, including the large area encompassed by the Ruth CSD restriction (District 5). Those with concerns, questions, suggestions or positive feedback, should reach out to their Supervisor now:
Trinity County is registering growers and applications are available. http://www.trinitycounty.org/index.aspx?page=371
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