Butte County, CA Water Use Rules: Recycled Water Rules (2026)
Key Facts
- Adopted
- Ord. No. 4078, April 22, 2014
- Minimum design flow
- 2,500 gpd residential / 1,000 gpd commercial
- Minimum freeboard
- 2 feet from pond's lowest rim
- Setback to wells/streams
- 100 ft. (200 ft. in watershed district)
- Operating permit
- Renewed annually by Local Enforcement Agency
- Unapproved pond status
- Declared a public nuisance
Summary
Butte County requires a construction permit, a Use Permit, CEQA review, and an approved management plan before anyone may build a recycled water (wastewater) pond in the unincorporated area, and any unapproved wastewater pond is declared a public nuisance subject to abatement.
(a)No Person shall construct, operate, use, or maintain a Wastewater Pond other than one (1) that is exclusively used for holding recycled water and has been approved under this chapter.(b)All Wastewater Ponds that have not been approved are deemed to be a public nuisance and may be abated or brought into compliance with this chapter.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 61).
Full Breakdown
Chapter 19B, adopted by Ordinance No. 4078 on April 22, 2014, regulates wastewater ponds used to hold recycled water meeting Title 22 disinfection standards. Section 19B-4 restricts every wastewater pond in the unincorporated area to one exclusively used for holding recycled water and approved under the chapter, and deems any unapproved pond a public nuisance that may be abated. Section 19B-5 requires, before construction, Waste Discharge Requirements from the Central Valley Regional Water Quality Control Board, a Use Permit processed under Chapter 24, environmental review under the California Environmental Quality Act, and a management plan approved by the Local Enforcement Agency (the county Environmental Health Division) and the Regional Board covering odor and vector control, safety, overflow prevention, and emergency response; the Enforcement Agency also verifies the applicant's technical, managerial, and financial competence before issuing a renewable operating permit that must be renewed annually.
Section 19B-6 sets minimum design flow at 2,500 gallons per day, or the flow from eight single-family residences, for residential development, and 1,000 gallons per day for commercial development, with a narrower exception the Planning Commission may approve through the Use Permit process. Section 19B-7 requires at least two feet of freeboard measured from the pond's lowest rim, sized to withstand a 100-year rainfall year followed by a normal year without overflow. Section 19B-9 sets minimum setbacks of 100 feet to a floodplain, well, lake, or perennial stream (200 feet in a watershed protection district), 50 feet to an ephemeral stream, and 50 feet to a property line.
Violations & Fines
Constructing, operating, or maintaining a wastewater pond that is not an approved recycled water pond is a public nuisance under Section 19B-12, and the Local Enforcement Agency may seek abatement or injunctive relief in Butte County Superior Court; obstructing or interfering with code enforcement or nuisance-abatement staff performing their duties under this chapter is itself a separate violation.
Frequently Asked Questions
Can a property owner build a wastewater pond without county approval?
How big does a residential recycled water pond need to be?
How far must a recycled water pond be from a well or stream?
Sources & Official References
Other rules in Butte County
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