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Title: 7 - Health and Welfare

Chapter: 90 - Personal Cannabis Cultivation Ordinance

Section: 150 - Outdoor Cultivation

There shall exist within the unincorporated area of Del Norte County three tiers of allowed outdoor cannabis cultivation, whereby a larger cultivation area is allowed on parcels that can comply with greater setbacks.

A. All outdoor cultivation, regardless of tier, shall comply with the following regulations:

1. Plants may only be cultivated outdoors on parcels that are developed with a single, private residence that is the primary residence of the person cultivating the cannabis. No cultivation shall occur outdoors on a parcel containing multi-unit housing or in a trailer park;

2. Cultivation shall not be closer to a private residence on an adjoining property than to the private residence located on the parcel whereon the cultivation is located;

3. The area used for cultivation must comply with California Building, Plumbing, Mechanical, Electrical and Fire Codes as adopted by the County of Del Norte;

4. The parcel must: (1) have a permitted permanent water well or connection to a public water source drawing water; (2) not engage in unlawful or unpermitted surface drawing of water; (3) not permit illegal discharges of water from the parcel; and (4) either be connected to a public sewer system or have a sewage disposal system permitted and inspected pursuant to Title 14 of this code;

5. Plants and the cannabis produced by the plants in excess of 28.5 grams must be kept in a locked space and not be visible by normal, unaided vision from a public space; and

6. Cultivation shall not be allowed within 25 feet of the front property line.

B. The permissible cultivation areas shall be as follows:

1. Tier 1: Where cannabis plants are setback at least 10 feet from all property lines, the maximum cultivation area shall be 25 square feet. Each plant shall be grown in a separate, moveable container, not more than six feet in height, measured from the ground and including the container.

2. Tier 2: Where cannabis plants are setback at least 40 feet from all property lines, the maximum cultivation area shall be 100 square feet. Plants may be planted directly in the ground.

3. Tier 3: Where cannabis plants are setback at least 100 feet from all property lines, the maximum cultivation area shall be 300 square feet. Plants may be planted directly in the ground.