Successfully completing the commercial cannabis application process requires compliance with Chapter 17.18 of the Calaveras County Code, applicable local land use requirements, adopted environmental mitigation measures, County department clearances, and all required State licensing and regulatory programs.
Application Overview
Commercial cannabis cultivation is a highly regulated land use activity. Before a commercial cannabis activity permit can be issued, the applicant, property, proposed premises, and proposed operations must satisfy the requirements of Chapter 17.18 of the Calaveras County Code.
In most cases, completing the process requires review by multiple County departments, including the Division of Cannabis Control, Planning, Building, Public Works, Environmental Health, Agriculture, Tax Collector, and any other department or agency with jurisdiction over the proposed site or activity.
A County cannabis permit does not replace State licensing. Applicants remain responsible for obtaining and maintaining all required State licenses, permits, approvals, and regulatory clearances applicable to the proposed cannabis activity.
Core Review Areas
- Applicant eligibility under §17.18.050.
- Application materials under §17.18.060.
- Permit issuance and validation under §17.18.070.
- Operating restrictions under §17.18.090.
- Transfers, alterations, expansions, and relocations under Chapter 17.18.
- Environmental mitigation and annual continuation requirements.
- Building, Fire, Environmental Health, Public Works, Agriculture, Planning, and Tax Collector review.
View Chapter 17.18, Calaveras County’s Current Commercial Cannabis Regulatory Ordinance
Applicant and Parcel Eligibility
Chapter 17.18 establishes both applicant-based eligibility and parcel or premises-based eligibility. The Division of Cannabis Control and Planning Department evaluate whether the applicant has a valid basis to apply, whether the proposed parcel or premises qualifies for the requested activity, and whether the application materials are complete enough for interdepartmental review.
Eligibility to Apply (§17.18.050)
To determine whether you are eligible to participate in the County’s commercial cannabis program, carefully review §17.18.050, particularly §17.18.050.D.1.
If you are attempting to acquire or procure eligibility from an existing eligible operator, carefully review §17.18.050.D.15.
Parcel or Premises Eligibility
To determine whether a parcel or premises is eligible for commercial cannabis cultivation, carefully review the acreage and zoning requirements found in §17.18.050.D.2.
Applicants must also verify compliance with setback and separation requirements found in §17.18.090.Q.
Complete Application Materials
Applications must include all forms, ownership information, landowner consent when applicable, site plans, operational information, State license documentation, and all other materials required by §17.18.060 before an application may proceed.
Interdepartmental Review
Commercial cannabis permits generally require clearance from multiple County departments including land use, building safety, grading, access, wastewater, tax compliance, environmental health, and site operation compliance.
Important Program Updates
Right to Apply Sunset Date: Pursuant to §17.18.050.D.16 of the Calaveras County Code, any unexercised right to apply for a commercial cannabis cultivation permit was required to be exercised through submission of a complete application under §17.18.060 on or before October 22, 2024.
Any right to apply that was not exercised through submission of a complete application by that date has expired as a matter of law and may no longer be used to initiate a new commercial cultivation application under Chapter 17.18.
This sunset provision does not affect permits that were already issued, applications that were timely and completely submitted prior to the sunset date, or other rights and processes authorized elsewhere in Chapter 17.18.
Cannabis Background Clearance Badges: Cannabis Background Clearance Badges formerly required under Chapter 9.22 of the Calaveras County Code are no longer required.
Chapter 9.22 was formally repealed by the County effective January 10, 2025. Applicants, owners, managers, and employees are no longer required to obtain or maintain County-issued cannabis badges as part of the commercial cannabis permitting process.
Environmental Compliance and CEQA Mitigation
In order to remain consistent with the Environmental Impact Report and subsequent EIR addendums adopted by Calaveras County, the County’s commercial cannabis regulatory ordinance under Chapter 17.18 incorporates environmental mitigation measures as part of the permit approval and operational compliance process.
Permit holders and applicants must implement and maintain all applicable mitigation measures associated with their approved cannabis activity. These measures may address grading, drainage, stormwater quality, biological resources, water supply, wastewater disposal, traffic circulation, fire access, noise, odor control, site security, and other operational impacts depending on the nature and location of the proposed operation.
California Business and Professions Code also requires that CEQA compliance be complete, or actively underway where authorized by law, before the California Department of Cannabis Control may issue a State cannabis license.
Mitigation Measures and Permit Prerequisites
Commercial cannabis applicants must satisfy required mitigation measures, agency clearances, financial assurances, environmental compliance items, and operational standards before a County permit may be issued or continued.
Cash Deposit or Surety Bond
Section 17.18.070 requires each applicant to either submit a cash deposit in the amount of $5,000 or provide evidence of a surety bond in the amount of $5,000 to the Division of Cannabis Control.
The purpose of this requirement is to help the County defray costs associated with enforcement, cleanup, and site remediation if a commercial cannabis cultivation site is abandoned or left in violation of County requirements.
Greenhouse Gas Emissions Offsets
Sections 17.18.060.B.11 and 17.18.140.B require commercial cannabis operations to demonstrate reductions in annual greenhouse gas emissions as a prerequisite to permit issuance and as part of the annual permit continuation process.
Evidence may include proof of purchase and retirement of eligible offset credits from an approved retailer.
View ARB Offset Verification Information
Well Pump Tests and Written Reports
Section 17.18.070.I requires any cultivator who relies on one or more wells as a water source for the commercial cannabis activity to submit a written report to the Division of Cannabis Control.
These written reports must provide the average daily water use of the commercial cannabis operation during the months of August through October and provide an assessment of the well’s static water level, production capacity, and recovery rate.
Section 17.18.090.EE requires the written report and well pump test to be repeated annually for five years following issuance of the initial permit and one time in the seventh year.
Remediation of Former Cultivation Sites
If the applicant or predecessor in interest has a former cultivation site, the applicant must demonstrate that the former site has been remediated before a permit for a new cultivation site may be approved.
To schedule an inspection of a former cultivation site, call and leave a message at (209) 754-6336.
- Implementation of mitigation measures to prevent erosion and sediment runoff.
- Removal of junk, trash, abandoned materials, and debris.
- Proper storage, removal, and disposal of rodenticides, fungicides, herbicides, pesticides, and fertilizers.
- Final approval of any required grading permits.
- Removal of unpermitted or temporary structures unless brought into compliance.
Setback and Separation Requirements
Applicants must review applicable setback and separation requirements, including sensitive use separation standards, and must demonstrate that the proposed cultivation area meets the requirements of the County Code.
The applicant bears the burden of proving that the proposed cultivation area meets all applicable setback and separation requirements.
Traffic Impact Fees
Section 17.18.070.D requires payment of Road Impact Mitigation Fees before a commercial cannabis permit may be issued.
Applicants may coordinate with the Public Works Department to determine the number of new trips generated by the proposed site and pay the required fees.
Building Code Compliance, Site Inspections, and Agency Review
Commercial cannabis cultivation businesses must meet all basic requirements of the Building Code and Fire Code. They must also comply with workplace safety requirements, state and local grading regulations, stormwater runoff regulations, environmental health regulations, and all other applicable State and local requirements.
Section 17.18.070.A.2 requires an applicant to provide evidence of a site inspection conducted by an enforcement official resulting in a finding that the premises and parcel satisfactorily comply with Chapter 17.18.
No cultivation permit will be issued until all structures identified in the cultivation plan are suitable for their proposed use and all required permits have been finalized.
Mandatory Site Inspections
No commercial cannabis permit can be issued until the cultivation premises has been inspected by the Building Department or other applicable enforcement official.
Building, Environmental Health, Agricultural Commissioner, Code Compliance, Planning, Fire, and Public Works staff may all participate in site review depending on the scope of the proposed operation.
Additional Building Permits May Be Required
Additional Building Department permits may be required even when an applicant is not constructing a new building. Current building standards under Title 24 of the California Code of Regulations apply to new construction and may also apply to changes of occupancy, changes in use, electrical modifications, plumbing work, mechanical work, structural changes, or other regulated work.
Environmental Health, Wastewater, and Solid Waste
Most cultivation sites will need to demonstrate adequate wastewater disposal through a public sewer connection or an approved on-site wastewater system.
Every business must also maintain a solid waste disposal protocol that complies with applicable State and local law.
Grading Permits, Drainage, Stormwater, and Encroachment Permits
A grading permit may be required to pass inspection, correct site violations, demonstrate remediation of a former cultivation site, or authorize earthmoving, drainage improvements, road work, pads, cuts, fills, or related site disturbance.
Encroachment permits may be required where there is work within the right-of-way of a County-maintained road or where access affects a State highway.
County Department Resources
Applicants should coordinate with the applicable County departments before submitting, modifying, or continuing a commercial cannabis permit.
Need to Review the Full Ordinance?
Review Chapter 17.18 of the Calaveras County Code for complete eligibility requirements, operating restrictions, transfer provisions, permit standards, enforcement provisions, and other regulatory requirements applicable to commercial cannabis activities.
This information is a general summary only. Site-specific requirements depend on the proposed use, existing structures, permit history, fire district, wastewater system, access, grading, agency approvals, tax status, site conditions, and conditions identified during County review or inspection. Applicants should review Chapter 17.18 and contact the applicable County department before submitting materials.