Dirt to Dispensary Workshop Series

Workshop #2Cultivation Permits 101

Sonomacounty.ca.gov/Cannabis

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Application Checklists-NOW AVAILABLE

Permit Process- Zoning Permit

Permit Cost=$2500Complete • 30 daysApplication

Planning Review and • 30-60 days

Site Inspection

Approval • 2-4 month average

Permit Process-Use Permit

Complete •30 DaysApplication

Referral •3 weeksProcess

Planning and Environmental

Review

•MUPs may be exempt•90-120 Days

Staff Report •30-90 daysPreparation and Review

Public Notification

•10-30 days depending on type ofenvironmental review

Public Hearing Process

• Scheduled 60 days outMay not be required if hearingwaiver is approved

•

Approval •6-12 Months

Pre-Applications OPEN

Permit TimelinesOpen July 5

• Zoning Permit (PRMD) 3 months• Minor Use Permit 4-6 months• Conditional Use Permit 6-12 months• Grading Permit 6 weeks• Building Permit Plancheck <$100K 5 weeks• Building Permit Plancheck >$100K 7 weeks

Priority Processing

Operator or Owner has been an existing cannabis operator in Sonoma County prior to January 1, 2016

OR

Operator or Owner has been a resident of Sonoma County prior to January 1, 2016

AND

Local Preference Hiring Plan

Cannabis Permitting• Appropriate Zoning?• Limitations on Accessory (support) Structures• Existing Structure Restrictions• Multiple Operators Allowed (except for RRD)• Cultivation Type Combinations

10,000 Mixed Light

5,000 Indoor

28,560 Outdoor

1 Acre Max

Site Planning

• Finding a Site• Setbacks • Separation Criteria

• Design Review (Administrative)

• Fencing

300 feet from occupied residences and business

1,000 ft from sensitive uses (property line to property line) 100 feet from property lines

Operational Standards

• Energy- 100% Renewal Required • Biotic Study Required for every site• Waste water management plan required

• WDR required by Regional Boards

• Safety Security Plan Required• Fire Prevention Plan Required

Water Supply Standard

• No trucked water, except if recycled

• Well Water: Water Scare Areas (Class 4)/ Groundwater Management Plan areas/Priority Basin…require a “no net increase in water use” through conservation methods

ORprepare a hydro-geologic report

Hydrogeologic Report Procedures

• http://www.sonoma-county.org/prmd/docs/policies/8-1-14-Procedures-Groundwater-Hydrogeologic-Reports.pdf

Building Permit Requirements

• Cultivation Facilities• Processing Facilities • When is a Building Permit Required?• When is Handicap Accessibility Required?• Do Hoop Houses Require Permits? • Use of Modular Buildings/Cargo Containers

Other Land Preparation

• Driveways- Encroachment Permits• Fire Safe Road Standards• Septic• Sewer Connections• Wells• Water Storage

Cannabis Permitting

Permit Sonoma (PRMD)

• Zoning Permits (indoor & mixed light)Minor and Conditional Use Permits

•

•Dept. of Agriculture

Outdoor Cultivation Zoning Permits up to 10,000 sq. ft.

Department of Agriculture / Weights & Measures (AWM)

Sue Ostrom and Andrew Smith

Review: Which permits will AWM issue?

• Outdoor zoning permits in agriculture zoned areas:

• Land Intensive Agriculture (LIA)

• Land Extensive Agriculture (LEA)

• Diverse Agriculture (DA)

AWM• How many people are planning on going through AWM

for outdoor permits? • 2-3 weeks at best to process a permit for cannabis. This

is due to current staffing (2 field staff, one admin support staff) and new program

• We expect no more than 10 permits to be able to be issued in July.

• First come, first served.• Be sure you have a complete application (Use the

checklist and the BMPs to guide site planning)• Make sure that you read and understand the Ordinance

What we’ll be covering today

• Overview of Cultivation and Nursery permit requirements

• Site Planning requirements (Setbacks, Maps, buildings, plans, etc.)

• Biological Assessments, Hydrogeological reports, Riparian Corridor, and Tree removal

• BMP Compliance and Inspections• Review Process and Timelines• Fees

The Checklist

• A guide to prepare your permit app. packet

• Basic farm planning• Use in combination

with the BMPs• Transfer information

into required fields on the MCCP Application.

The Permit Application Form

• It’s in draft form• Mirrors the checklist in

Ordinance and BMPs• Please no N/As• A calendar of

operations• Ready by June 1st

The Intake• Application form filled out• Submit the top page from the Checklist• During the intake we will go over the project

together • Authorization form is signed and permit accepted• Permit fees due at intake appointment• The Review process begins!!!

Review• Review all submitted paperwork and verify accuracy• Evaluate zoning, parcel, and permit compatibility• Evaluate setbacks• Verify maps match with permit application descriptions

and other associated plans• Biotic Resources• Farmland Protection• Runoff and storm water management plans• Security and fencing• Compliance with all operating standards, BMPs• The Pre-Approval Site Inspection

Evaluating Setbacks

• Finding a Site• Setbacks • Separation Criteria

• Design Review (Administrative)

• Fencing

300 feet from occupied residences and business

1,000 ft from sensitive uses (property line to property line) 100 feet from property lines

Maps

• 2 maps• First map a topographic map showing contours

with a minimum 40 foot • Second map a recent color aerial map

easements, buildings (labeled as to type and use), waterways crossings and culverts, cultivation footprint, water storage structures (type and capacity), setbacks

Get a Biological Assessment• Biological resource studies, or assessments are conducted to determine

the presence or absence of listed animals and plants and the effects of proposed cultivation activity on those species.

• What is included in these assessments?

Biological Assessment Resources

• A list of qualified professionals can be found here…• http://www.sonomawinegrape.org/VESCO-

Endangered-Species-Qualified-Experts

Riparian Areas and Structural/Agricultural Setbacks

• The County has Riparian Corridor zoning requirements

• These zoning requirements specify the proximity of projects to the top of bank of known watersheds and tributaries in the county

Agricultural setbacks are ½ that of the structural setbacks• Ie. RC-200/100 means:

200 ft structural/ 100 ft agricultural setback

Impact on Agriculture• No new agricultural development is allowed within the Ag

Setback • No removal of riparian vegetation within 200 ft of stream bank

• Existing Ag practices are allowed within existing farm footprint:• IF registered with Ag Comm. • AND Best Management Practices (BMPs) approved by the Ag

Comm. are followed• AWM is responsible for enforcement. If complaints

about erosion or pollution discharges are filed with AWM:1. A site visit may occur2. If a violation is observed, AWM will work with grower to

mitigate the problem3. Failure to work with AWM to address violation may result in

enforcement action

Riparian Areas and Structural/Agricultural Setbacks

• Determining the Top of Bank is an important component to your cultivation planning. Here is an illustration of how the riparian corridor setbacks affect agricultural practices in these zoning areas.

• You can find your riparian setback requirements by finding your APN and associated setbacks at…

• http://sonoma-county.org/prmd/docs/riparian_corridor/official-zoning-database.pdf

Tree Removal

• No tree removal or timber conversion for Cannabis• Unless… you get a use permit; PRMD• Well then it all depends on what we are removing!• Are they Valley oaks (Quercus lobata); PRMD VOH• Are they Merchantable timber? (pine, fir,

redwood); CAL Fire Timber conversion plans• Don’t pull trees out without permits and plans for

their removal. There are environmental and legal repercussions

Farmland Protection

• Where commercial cultivation is located in Ag Zones (LIA, LEA, DA).

• Primary land use must remain in Agriculture• Indoor and mixed light shall not remove agricultural

production within important farmlands• May offset by re-locating agricultural production at

a 1:1 ratio• Williamson Act? Modification of LCP may be

necessary

Water Management Plans

• Water source (documentation of any one of the following): muni, recycled, surface, well

• For well water please site by reference the groundwater availability map to determine additional needs

• Water storage and use (monitor and meter)• Waste water and runoff

Waste Water Discharge

• A waste water management plan shall be submitted

• All cultivation shall comply with Ag. Commissioner BMPs

• Shall submit verification of compliance with waste discharge requirements of applicable regional water quality control board; the NOI

Register with the Regional Board

• http://www.waterboards.ca.gov/northcoast/water_issues/programs/cannabis/#_Waiver_of_Waste

What does register with the board mean?• As of February 15, 2016, cultivators with 2,000 square

feet or more of cannabis are required to enroll in a new water quality regulatory program (Order R1-2015-0023), either directly with the Regional Water Board, or via an approved third party program.

• Additionally, smaller operations or operations with similar environmental effects, where there is a threat to water quality, may be directed to enroll under the Order.

• You may request Regional Water Board staff to conduct a consultation inspection

What’s tier status• A tiered enrollment structure relative to the potential threat to water quality.

• Tier 1 is a low-threat tier based on compliance with standard conditions (less than 5000 ft2 of total cultivated area, no slopes greater than 35%, no cultivation areas or associated facilities are located within 200 feet of a surface water (i.e., wetland, Class I, II, or III streams), and no surface water diversion from May 15 - October 31. The annual fee is $1000.

• Tier 2 is a management tier for operations that do not qualify for Tier 1. Within 180 days of enrollment, Tier 2 enrollees shall develop and implement a site-specific water resource protection plan that includes management measures to be implemented to meet the standard conditions. The annual fee is $2500. Please see the general template for a water resource protection plan.

• Tier 2* is a tier for operations with less than 10,000 ft2 of total cultivated area, where enrollees have fully implemented a water resource protection plan, meet the standard conditions, and are determined by RWB staff or an approved third party to pose a low threat to water quality. The annual fee is $1000.

• Tier 3 is a cleanup tier, which requires the development and implementation of a cleanup and restoration plan. A Tier 3 enrollee has 45 days to develop and submit a cleanup and restoration plan for RWB approval. Tier 3 is not eligible for enrollment via a third party program. Tier 3 Dischargers who are cultivating cannabis concurrent with or following site cleanup activities must also enroll in and conform with Tier 2 requirements. The annual fee is $10,000.

Standard Conditions• Standard conditions to protect water quality in conjunction with a Best Management Practice (BMP) Appendix

provide a framework for cultivators to assess their sites for appropriate tiers and determine what management measures are necessary to protect water quality. All BMPs in Appendix B are considered enforceable conditions under the Order as applicable to a given site.

The Order includes standard conditions regarding:

• Site maintenance, erosion control and drainage features

• Stream crossing maintenance and improvement

• Stream and wetland buffers

• Spoils management

• Water storage and use

• Irrigation runoff

• Fertilizers and soil amendments

• Pesticides

• Petroleum products and other chemicals

• Cultivation-related wastes

• Refuse and human waste, and

• Remediation, cleanup, and restoration activities

The Pre-Approval Site Inspection

• Tape measures, range finders, and clinometers• Verification of Setbacks• The Footprint• Structures• Water Supply/Management Plans• Waste Management • Security and Fencing• Aesthetics matter

Mid-Season BMP/Operational Standards Compliance Inspection• Evaluating operations compliance with BMPs• Inspections performed during flowering to assess

permitted canopy square footage

Pesticide use on Cannabis• There are currently no pesticides registered for use

on Cannabis !• Why? The Federal EPA registers all pesticides for

use in the US• California Food and Agriculture Code (FAC) section

12973 states that…The use of any pesticide shall not conflict with labeling registered pursuant to this chapter which is delivered with the pesticide or with any additional limitations applicable to the conditions of any permit issued by the Director or Commissioner.

Pesticide use on Cannabis• So what alternatives do we have in California and in Sonoma County for

pesticide use on Cannabis?• Currently, under California Law the only pesticide products that can be

used on Cannabis are those pesticides that…1. Contain an Active Ingredient that is exempt from residue tolerance

requirements.AND2. Are registered for a use that is broad enough to include use on

Cannabis (e.g. unspecified green plants).ORThe pesticide product is exempt from registration requirements as a minimum risk pesticide (e.g. citronella, clove oil, thyme oil)minimum risk exemption regulations in 40 CFR 152.25(f)

Pesticide Use Inspections on Cannabis• Inspections will be conducted to enforce the worker health

and safety requirements found in Title 3, Division 6 of the California Code of Regulations (CCR) section 6700, et seq.

• Prohibit the use of unregistered pesticides and federally restricted use pesticides by unlicensed individuals.

• Enforce pesticide label requirements:- Personal protective equipment (PPE)- Label Application Methods- Application rates must not exceed specified methods on label- Environmental hazards- Longest Restricted Entry Interval (REI) on the label- Greenhouse, indoor, and other enclosed space pesticide use and

posting requirements

Pesticide Use and Reporting

• DPR has determined that Cannabis meets the definition of an “Agricultural Commodity”,

• Most significant impact is that Cannabis growers will be subject to pesticide use reporting requirements under 3CCR section 6626 and 6627.

• If you use pesticides in your Cannabis Cultivation enterprise, then you will need to obtain an Operator Identification number (Op.Id.) from AWM

• Op.Id. lists your growing site and associated canopy square footage. We will help you learn how to prepare Pesticide Use Reports (PURs). They can be done online!

Nurseries and Clean Plant Material• CDFA expected to incorporate general standards of

cleanliness into the new regulations of the Medical Cannabis Regulation and Safety Act.

• Serve to protect growers from diseased and pest-laden plant material. Important to start with and maintain clean plant material both in the nursery and in the production areas.

• Following the CDFA Nursery regulations will ensure that Cannabis nursery owners are in compliance with the Cannabis BMPs

Movement of Plant Material• County Agriculture Departments are mandated to

protect California Agriculture by preventing the spread of agricultural pests and plant diseases.

• This is done by regulating the movement of plant materials throughout the state.

• The diversity of and demand for Cannabis varietals/strains presents a new concern as it is expected Cannabis nursery stock will be moving around the state.

• It is important that this plant material is clean and free of injurious agricultural pests, weeds, and diseases. We need your help to protect California Agriculture.

Resources for Nursery Producers

These resources available through the University of California Ag & Natural Resources Publication website at http://anrcatalog.ucanr.edu/

Contact Sonoma County AWM

707-565-2371or by email at:

sonomaag@sonoma-county.org