Sharing Information | Encouraging Engagement
A lot of people have been asking questions (and sharing concerns) about the possibility of a Residential Treatment Center opening in Trinity Center. The following information was presented at a community meeting held in Trinity Center on January 8th, 2026. This information was curated from discussions with county staff, consultants, county counsel, and state licensing representatives.
The Big Picture
California and federal law do not allow communities to exclude housing simply because residents are in recovery. People recovering from addiction are legally protected from housing discrimination. This policy exists to prevent segregation and exclusion, while still allowing communities to enforce neutral rules.
What the Law Requires Communities to Accept
- Small recovery or treatment homes (6 or fewer residents) are treated as normal residential use when operating as housing or residential treatment
- They do not need special permits based solely on who lives there
- Cities and counties cannot ban or zone them out
- Neighbors cannot veto them
What Communities CAN Enforce
- Health & Safety: Fire, building, septic, water, and environmental health codes
- Conduct & Livability: Noise, parking, trash, nuisance, and criminal laws
- Occupancy: Limits based on square footage, bedrooms, septic, and fire code
- Business / Treatment Activity: If treatment services are provided — including detox or withdrawal management — state licensing is required, and local zoning or use-permit rules may apply
What Communities CANNOT Do
- Block housing because residents are in recovery
- Require special permits only for recovery homes
- Impose spacing or density rules targeting these homes
- Create special registries or neighbor notification rules
- Use family definitions to exclude unrelated adults
- Apply rules more aggressively than for other homes
What to Do If There Are Real Problems
Residents should document objective violations and report them through normal enforcement channels. Local governments should enforce rules consistently and avoid reactionary policies.
Frequently Asked Questions & Answers
Q: Can residents stop a residential treatment facility from opening?
A: No, not solely because it serves people in recovery.
Q: Are these homes exempt from laws?
A: No. The owner must follow the same rules as with any other residence.
Q: What if there are safety or nuisance problems?
A: Report specific violations just as you would for any other property.
Q: Can the county require special permits?
A: Not for small housing or residential treatment homes (6 or fewer residents) based solely on recovery status.
Q: If a detox facility is licensed by the State and serves six or fewer people, can it operate in a residential area without county zoning approval?
A: Yes.
Q: If a detox facility is licensed by the State and serves more than six people, can it operate in a residential area without county zoning/land use approval?
A: No.
Q: What steps have been taken to ensure all the rules are being followed?
A: County staff and the local volunteer fire chief continue to work with state agency staff to ensure that all rules are being followed.
Q: Does California Health & Safety Code §11834.20 allow local governments to restrict rehab facilities if they don’t serve local residents or local needs?
A: No. It does not. In fact, it states just the opposite. Section 11834.20 is a policy statement, not a grant of regulatory authority. It does not allow a city or county to restrict, deny, or condition a rehab or recovery facility based on where its clients come from.
Q: What does the statute mentioned above actually say?
A: “The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development of sufficient numbers and types of alcohol or other drug recovery or treatment facilities as are commensurate with local need.”
Q: What type of license is the property owner applying for?
A: This information is not published until the license is finalized.
Q: What is the status of the application?
A: This information is not published until the license is finalized.
Q: Based on the type of license being sought, what requirements will be in place for the owner/operator?
A: This varies by license type. A detox facility requires staffing capable of checking on and documenting the status of new clients every 30 minutes.
How to Report Concerns About a Residential Treatment Facility
Community members may report concerns, but it’s important to report them to the appropriate agency and focus on objective, observable issues.
Report to local code enforcement matters in Trinity County. Examples include: Building or fire safety; Septic, water, or environmental health; Noise, parking, trash, or nuisance conditions; Zoning or unpermitted construction.
Report licensing matters to the State. Examples include: Treatment or detox services are being provided without a state license; Services being provided outside the scope of a license; Detox or withdrawal management concerns; Advertising that does not match licensed services. These are state licensing matters overseen by the Department of Healthcare Services (DHCS). See below for contact information.
What Information Is Helpful to Provide: Facility name and address, Type of service observed (housing, treatment, detox), Dates, times, and factual descriptions; Public-facing information (websites, ads, signage)
What Should Not Be Reported (protected by law and are not grounds for enforcement): Who the residents are; Medical or treatment details; Where clients come from; General fear, stigma, or opposition.
Where to Report Problems
- Local (Trinity County):
Code Violation Form: https://www.trinitycounty.org/FormCenter/Trinity-County-Code-Violation-8/Trinity-County-Code-Violation-48
Planning Division (zoning/code): 530-623-1351 ext.2
Building Department (permits/safety): 530-623-4890
- State (Licensing/Compliance):
DHCS SUD Complaints: 1-877-685-8333 or sudcomplaints@dhcs.ca.gov
DHCS Licensing Info: (916) 322-2911 or LCDQuestions@dhcs.ca.gov
Mail: DHCS Licensing & Certification Division, P.O. Box 997413, MS 2601, Sacramento, CA 95899-7413
Related Code
H&S Code § 11834.23.
Whether or not unrelated persons are living together, an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of such a facility shall be considered a family for the purposes of any law or zoning ordinance which relates to the residential use of property pursuant to this article.
For the purpose of all local ordinances, an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or the mentally infirm, foster care home, guest home, rest home, sanitarium, mental hygiene home, or other similar term which implies that the alcoholism or drug abuse recovery or treatment home is a business run for profit or differs in any other way from a single-family residence.
This section shall not be construed to forbid any city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons as long as the restrictions are identical to those applied to other single-family residences.
This section shall not be construed to forbid the application to an alcoholism or drug abuse recovery or treatment facility of any local ordinance which deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity. However, the ordinance shall not distinguish alcoholism or drug abuse recovery or treatment facilities which serve six or fewer persons from other single-family dwellings or distinguish residents of alcoholism or drug abuse recovery or treatment facilities from persons who reside in other single-family dwellings.
No conditional use permit, zoning variance, or other zoning clearance shall be required of an alcoholism or drug abuse recovery or treatment facility which serves six or fewer persons that is not required of a single-family residence in the same zone.
Use of a single-family dwelling for purposes of an alcoholism or drug abuse recovery facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.6, to the extent those sections are applicable to alcoholism or drug abuse recovery or treatment facilities serving six or fewer residents.
Sharing Information | Encouraging Engagement
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