Application Regulations

View Chapter 17.95, Calaveras County’s Current Commercial Cannabis Regulatory Ordinance. This chapter contains the essential requirements for eligibility, operating restrictions for commercial cannabis cultivation businesses and makes references to numerous other regulatory programs that are involved in commercial cannabis cultivation permit approvals.

Eligibility to Apply (§17.95.050)

To determine whether you are eligible to apply to the program, carefully review the ordinance, particularly §17.95.050.D.1 to learn about whether you can procure eligibility to apply to the program please carefully review §17.95.050.D.15 of the County Code.

If you have questions about the ordinance and whether you are eligible to apply to the program or how you can acquire eligibility to apply for the County’s commercial cannabis program, please review the Frequently Asked Questions Page.

Cannabis Background Clearance Badges (Chapter 9.22 of the County Code)

Pursuant to §17.95.050.D.5 and §17.95.070.B, and under Chapter 9.22 of the Calaveras County Code, all owners of commercial cannabis premises and all workers engaged directly in commercial cannabis activities must apply for and receive a Cannabis Background Clearance Badge or “CBCB” from the County.

Review Chapter 9.22 the County’s Code7 here.

The County has not yet received an originating agency identification number (“ORI” number) and can therefore not yet accept applications for CBCBs. Once the CBCB process in in place, the Division of Cannabis Control will contact all applicants as soon as we are able to accept and process CBCB applications.

Parcel and Premisis Eligibility

To determine whether the parcel or parcels you would like to use for your proposed cultivation site is suitable for commercial cannabis cultivation, carefully review the acreage and zoning requirements that are found in §17.95.050.D.2 and the set back and separation requirements of §17.95.090.Q.

§17.95.070 requires that all applicants either submit a $5,000 dollar cash deposit or provide evidence of a surety bond in the amount of $5,000 to the division of cannabis control. The County has prepared a surety bond form, which is called “DCC-6 Cannabis Permit Bond” and it is available for download by clicking the "Application" button on the main Cannabis Control page.

The purpose of this requirement is to help the County defray the costs of enforcing site remediation if a commercial cannabis cultivation site is abandoned in the future.

§17.95.060.B.11 and §17.95.140.B require that commercial cannabis operations demonstrate reductions in annual Green House Gas (GHG”) emissions as a pre-requisite to issuance of a permit and as part of the annual permit continuation process.

Evidence of GHG offsets can be as simple as providing proof of purchase and retirement of offset credits from an approved retailer. The County Environmental Management Agency (“EMA”) is the County Department in which our Air Pollution Control District office is housed. The EMA created a carbon offset calculator that you can use to determine how many credits are required for your proposed cultivation site download the Calculator here. The Air Pollution Control Manager and the EMA Department Head have also drafted a GHG mitigation document that will help guide you through the process of purchasing carbon offset credits.

If you wish to undertake a carbon offset project to limit or reduce the total number of carbon credits that you are required to purchase pursuant to §17.95.060.B.11.c, then you will need to have your total carbon offset verified by an Air Resources Board (“ARB”) accredited Offset Verification Body or Offset Verifier. To learn more about your own offset verification or to find a list of ARB accredited verifiers go to https://ww3.arb.ca.gov/cc/capandtrade/offsets/verification/verification.htm

If you or your predecessor in interest have a former cultivation site, then you must demonstrate that it has been remediated before the permit for a new cultivation site can be approved. To schedule an inspection of your former cultivation site call and leave a message at (209) 754 6336.

The Calaveras County Code Compliance Department, at the Direction of the County’s Chief Building Official, has developed procedures and criteria for establishing that a former cultivation site has been remediated within the meaning of the Code.

The minimum steps for demonstrating that a site has been remediated include, but are not limited to, the following: implementation of mitigation measures to prevent erosion and sediment run-off, removal of junk and debris, and proper storage or removal and disposal of rodenticides, fungicides, herbicides, pesticides and fertilizers. Additionally, where grading permits are required for earthmoving undertaken on sites any necessary grading permits must be finaled. If there are unpermitted structures or temporary structures on the former cultivation site, those structures must be removed or brought into compliance with the building code and be permitted. For a complete list of requirements and standards see §17.95.130.C.1-9.

The County’s EIR identified offensive odors as an impact of implementing a commercial cannabis regulatory program. In order to at least partially mitigate the impacts of odors, the Board of Supervisors imposed minimum set back requirements for outdoor and mixed-light cultivation sites.

Setback requirements

The term “setback” is defined in §17.95.020.NNN. It is the “distance required between a cannabis cultivation site and the nearest property line of a parcel that is not owned or leased by the permittee” or applicant.

Set back requirements for cultivation premises are specified in §17.95.090.I. Setback requirements are different for applicants if multiple cultivation premises are located on the parcel or contiguous, concurrently controlled parcels, so carefully read §17.95.090.F.5.

Separation requirements

The term “separation” is defined in §17.95.020.NNN. It is defined as the “distance that is required between a cultivation site or parcel and the parcel boundary of sensitive use, as required in Section 17.95.090.Q”.

The operating restrictions applicable to “sensitive uses” are as follows:

§17.95.090.Q Separation from Sensitive Uses

Commercial cultivation shall provide separation of one thousand feet from the cultivation site or six hundred feet from the property line, whichever is greater, from any of the following sensitive uses in existence at the time the permit is issued:

1. A park.
2. A school providing instruction in kindergarten or any grades 1 through 12, as defined by state law.
3. A daycare center, as defined by state law.
4. A youth center, as defined by state law.
5. For outdoor or mixed-light premises, a state scenic highway or national scenic byway.
6. The county central library and its branches. 

Depending on which measurement is used, the distance shall be measured in a straight line from the property line of the sensitive use to the closest premises cultivation site boundary or to the closest property line of the parcel containing the premises.

A Day Care Center is defined in Business and Professions Code §26001(o) and Health and Safety Code §1596.76. To learn the location of daycare centers to determine if your proposed cultivation premises can meet the separation requirements you can search here:

Pursuant to §17.95.030.F, it is the applicant that bears the burden of proving that their proposed cultivation area meets the separation and set back requirements of the code.

§17.95.070.D requires payment of RIM Fees before a permit can be issued. RIM Fees are calculated on a “per trip” basis in accordance with county adopted traffic impact fee programs, with credits applied for any existing land uses. These RIM Fees are calculated the same way for any development that impacts county roads.

After you submit your application, you can go to the counter at Public Works and ask to pay your Fees. Public Works will work with you to identify the number of new trips generated by your site.

Once you have paid your RIM Fees, this requirement will be marked off of your permit requirements checklist. Commercial cannabis cultivators are required to pay these Fees just as every other business in Calaveras County does. These Fees are also paid as part of building permit fees, for development projects, and by every new business that opens up in the County pursuant to Chapter 12.10 of the County Code.

The County’s Commercial Cannabis EIR identified impacts to ground water supply as a potential impact of the implementation of a commercial cannabis program. In order to mitigate this impact, the Board of Supervisors included a provision to measure and monitor static water levels of wells that are used in commercial cannabis operations.

§17.95.070.I requires that any cultivator who relies on one or more wells as a water source for the commercial cannabis activity submit a written report to the Division of Cannabis Control. These written reports must provide the following information:

1. The average daily water use of the commercial cannabis operation during the months of August through October; and
2. Provide an assessment of the well’s static water level, production capacity, and recovery rate.

The required report shall be prepared by a qualified professional who is a state licensed A-1 General Contractor, a C-57 well drilling contractor, 6-61.D-21 limited specialty contractor (machinery and pumps), registered health specialist, a certified hydrogeologist, or engineering geologist.

§17.95.090.EE requires that a written report and well pump test described above, be repeated annually for 5 years following the issuance of the initial permit and one time in the 7th year.

To learn more about these requirements and how to demonstrate compliance with them please contact the County’s Environmental Health Agency.

Building and Fire Code Compliance

§17.95.070.(A)(2) requires that an applicant provide “evidence of a site inspection conducted by an enforcement official resulting in a finding that the premises and parcel satisfactorily comply with the provisions of this chapter” and §17.95.090.H requires that the commercial cannabis “premises be in full compliance with . . . building, safety, sanitation, labor, and technical codes and requirements relevant to obtaining necessary building, plumbing, electrical, mechanical, grading, or other permits.”

No cultivation permits will be issued by the County until the applicant has established that all structures used in their cultivation plan are suitable for their proposed use and that all required permits have been signed off. Additionally, violations of building codes or other regulations designed to protect the health and safety of occupants of buildings, workers, or customers may be grounds for revocation of a commercial cannabis cultivation permit if a cultivator fails to correct violations after being notified that such violations exist.

Applicability of these codes is not only a prerequisite to the issuance of a local permit and an operating restriction that will always apply to keeping your permit, but strict compliance with the California Building Code and Fire Code is also a prerequisite to the issuance of a state license from the California Department of Cannabis Control and can be the basis for revocation of a state license as well.

Business and Professions Code § 26066. Cultivation Conducted in Accordance with State and Local Laws.

Indoor and outdoor cannabis cultivation by persons and entities licensed under this division shall be conducted in accordance with state and local laws related to land conversion, current building and fire standards, grading, electricity usage, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. State agencies, including, but not limited to, the State Board of Forestry and Fire Protection, the Department of Fish and Wildlife, the State Water Resources Control Board, the California regional water quality control boards, and traditional state law enforcement agencies shall address environmental impacts of cannabis cultivation and shall coordinate when appropriate with cities and counties and their law enforcement agencies in enforcement efforts.

Business and Professions Code § 26056. Application of Building Standards and Regulations Relating to Hazardous Materials.

The requirements of Sections 13143.9¹, 13145², and 13146³  of the Health and Safety Code shall apply to all licensees.

1. H&S § 13143.9 requires compliance with building standards and other fire and life safety regulations for handling hazardous materials and annual inventory requirements.
2. H&S § 13145 Local requirements and enforcement “relating to fire and panic safety adopted by the State Fire Marshal and published in the California Building Standards Code.”
3. H&S § 13146 The requirements of the Fire

The County Agriculture Office is a division of the County’s Environmental Management Agency. All commercial cannabis cultivators will need to interface with the Agriculture Commissioners office to get their weights and measures seals and, in most cases enroll in one or more of the state mandated programs administered by the Agriculture Commissioners Office.

To ensure that each cannabis applicant interfaces with the Ag Department and learns about the programs they must enroll in, the Division of Cannabis Control will be requiring that each applicant visit the Ag department. As part of the application review process, the Division of Cannabis Control will provide the Ag Commissioner a copy of your site plan. At a minimum, you will need to have your business license application stamped by the Ag Commissioner, but other action may be required.

Department of Pesticide Regulation

Visit the Ag Commissioner’s webpage. Many cultivators who use only “organic” products believe that they are exempt from participating in the Department of Pesticide program, but this is generally not the case.

Under the Urgency Ordinance, many registrants were unaware of the basic requirements of the Building Code or the minimum environmental health standards that must be met for employee housing. There were numerous cultivation sites with unpermitted outdoor showers and kitchens. Staff also identified many sites as having illegally installed latrines, illegal grey water and black water run-off disposal violations. Employees were housed in everything from tents and RVs, to tree houses and cargo containers. As is discussed above under Building and Fire Code Compliance, these kinds of conditions will disqualify commercial cannabis applicants and will be the basis for revocation of both state and local licenses.

Onsite Wastewater (Septic System or Sewer Connection)

It is very likely that your cultivation site will be required to be connected to a sewer utility or have an on-site wastewater system (septic tank). If you already have an on-site wastewater system, County personnel will determine whether it is adequate for its intended use.

The County’s Environmental Management Agency regulates wastewater disposal systems and will consider a number of factors in determining whether your onsite wastewater system is adequate for its intended use. Please visit the Environmental Management Agency's page for more information.

Solid Waste and Organic Cannabis Waste

Every business must have a solid waste disposal protocol that complies with applicable state and local law. The EMA manager has prepared a Solid Waste informational document and questionnaire to help you understand what requirements must be satisfied on your cultivation site for solid waste disposal. Please visit their website for more information.

Please carefully review the Cannabis Waste FAQ's to ensure that you implement a waste management plan that complies with the law. Failure to observe applicable state and local law is a violation of sections 17.95.090.B and H and can be the basis for administrative fines and, potentially, license revocation.

In order to pass inspection and to comply with applicable laws, or to demonstrate that your former cultivation site has been remediated in accordance with §17.95.130, you may need to apply to the Department of Public Works for a grading permit. Please reach out to them for further guidance.

Encroachment Permits

During the commercial cannabis regulatory period under the County’s expired urgency ordinance, County staff observed numerous unpermitted encroachments or new access points onto County roads and even onto state highways. These encroachments must be designed legally to keep drivers and pedestrians safe, prevent environmental harm, and protect roads and road infrastructure from additional damage.

You may need to get an encroachment permit or eliminate an illegal encroachment if there is an entry or exit onto a parcel upon which your proposed cultivation premises is located or where your former cultivation site was located. Please reach out to the Public Works Department for further guidance.

Encroachment permits are required for all work performed in the right-of-way of a county maintained road. This includes roads maintained in County Service Areas (CSAs) or Permanent Road Divisions (PRDs). Caltrans has its own requirements for encroachments upon State Highways, and any applicant must reach out to Caltrans to satisfy their requirements. 

Pursuant to §17.95.070.(A)(2), no commercial cannabis permit can be issued until a commercial cultivation premises has been inspected by the Building Department. Once you’ve submitted your premises plan the Building Department will conduct a parcel review to determine whether all of the buildings identified in your premises plan are permitted for their intended use. If it appears that there are no Building Code Compliance issues on the face of your premises plan the Division of Cannabis Control will notify you that you are eligible for a Building Code Compliance inspection. You will then be able to schedule an inspection with a County Building Inspector and if required in your district, a Fire Marshal's inspection.  

The CBO has worked with the Director of Environmental Health, the County Agricultural Commissioner, Code Compliance and Public Works to establish an inspection checklist.

Please refer to the Building Department's webpage for more information regarding hoop houses and cargo containers within Calaveras County.

Current building standards (Title 24 of the California Code of Regulations) apply to all new construction and to all “changes of occupancy.” A change in occupancy is defined in the building code as “A change in the purpose or level of activity within a building that involves a change in application of the requirements of this code.” In other words, if a structure was a residential accessory structure such as a shop, barn, or garage, and your cultivation plan describes the structure as being used as a work area for employees, then there has been a change in occupancy and different building standards may apply and permit requirements may be triggered. 

The Chief Building Official (“CBO”) of Calaveras County is charged with interpretation and enforcement of the requirements of the California Building Code within Calaveras County. The Building Code and The Health and Safety Code apply to commercial cannabis premises just as they apply to all other businesses within the County. Whether or not the conditions on any commercial cannabis premises comply with the requirements of the California Building Code will be determined by the CBO or his designee.

Under §1.11.2.1.1 of the Building Code, the Fire Marshal of the fire district in which your cultivation premises is located is charged with enforcement of the building standards that relate to fire and panic safety and other regulations of the State Fire Marshal. Some fire districts have more stringent standards than those that are adopted by the State Fire Marshal. If your Fire District has no Fire Marshal, then the Calaveras County CBO is charged with enforcing fire, panic, and life safety regulations. You should find out what fire district you are in and contact the fire district to find out what requirements apply to your cultivation site.