The Benefits and Challenges of Locating Your Legal Cannabis Grow in Lake County, CA
by Jean-Luc Szach, ELG Cannabis Compliance and Permit Specialist
Are you looking for a location to cultivate cannabis in California that has potential to scale up beyond the limitations currently in place in Mendocino County? Then it’s definitely worth considering Lake County.
In this article we’re going to go over the main advantages of obtaining a cannabis cultivation permit in Lake County that you may not know about, and we’ll cover a few restrictions that you should be aware of as well.
Overview of Lake County’s Grow Guidelines
Lake County currently allows half an acre of Mixed Light canopy for every 20 acres of a parcel’s size. If cannabis is to be grown outdoors instead, then a full acre of canopy is allowed for every 20 acres. For instance, an 86 acre parcel could receive a permit to cultivate 2 acres of Mixed Light canopy, or 4 acres of Outdoor canopy.
Lake County California Environmental Quality Act (CEQA) Process
The CEQA process for Lake County cannabis cultivation permits is very straightforward. The County performs an “Initial Study” review, which becomes the document that other agencies review for the CEQA process. If the County’s timeline for completing an Initial Study is too long for your comfort, the option to have a CEQA consultant prepare it is always another avenue to speed the process up. (We usually use Jacobszoon & Associates for Northern California applications). From our experience, this process has been in place and functioning smoothly for at least the last 5 years.
Restrictions on Growing Cannabis in Lake County
So we’ve listed two huge advantages to applying in Lake County. Let’s look at some of the restrictions that you’ll really want to know about.
State Water Board-Related and Zoning Restrictions
For starters, only parcels of land that currently are already enrolled with the State Water Board’s Cannabis Wastewater Discharger program and have a NOA (Notice of Applicability) can be considered for a cultivation permit in Lake County. Furthermore, that NOA must have been issued prior to October 30th of 2020. This means you’ll need to find a property that has an active NOA from before 10/30/20. This doesn’t mean that the parcel needs to be actively growing or licensed, just that the NOA has to be from before that date and cannot have been terminated.
This is probably the biggest impediment to getting a permit in Lake County right now, but with a little looking you may be able to find one for lease or sale that fits your needs. A NOA can be transferred to a new Discharger. (The term given to the land owner or tenant who is responsible for wastewater discharge.)
There are of course the typical cultivation limitations that all counties have for certain zoning classifications and exclusion zones, but Ag land and a handful of other zones are still allowed.
Lake County Structural and Lighting Rules
The other restriction to keep in mind is that no mixed light cultivation with artificial lights can occur in a hoop-style greenhouse. Lake County only allows artificial lighting in rigid, commercial-style greenhouse structures, or indoors.
In recent years, seasonal hoop houses have been allowed for outdoor cultivations, but no lighting is permitted. On the positive side, the current seasonal building permit for ALL your hoop houses is under $400. Yes, you read that right: you could have 50 seasonal hoop houses, and it will cost you a little under $400 for the permit that permits all fifty.
Lake County Planning Commission Permit Hearing
Finally, because these cultivation permits require a Major Use Permit from Lake County, there is a hearing before the Lake County Planning Commission, before any permit is issued. The Planner assigned to your application will attend, but it is often very handy to have a knowledgeable, articulate, diplomatic and persuasive person attend as well. This could be you if you are comfortable with speaking before a government agency, or it could be a consultant, attorney or other expert that can weigh in favorably on your behalf.
Conclusion
Lake County, CA, strikes a thoughtful balance between opportunity and regulation, offering growers scalability and a straightforward permit process alongside manageable restrictions. For those ready to navigate its unique Water Board requirements, it presents fertile ground for both cultivation and long-term success in a region poised for growth.
If you’re interested in exploring the possibility of obtaining a cultivation permit in Lake County, reach out to us at Emerald Law Group. We’ve helped lots of folks in Mendocino, Lake, Napa, Humboldt and Alameda Counties work towards getting California Cannabis Licenses.
