Body of News Release
Marin County, CA – The County of Marin's Community Development Agency (CDA) is recommending a 45-day moratorium on new or expanded detention and correctional facilities in unincorporated Marin. The Board of Supervisors will consider the proposed urgency ordinance on November 10.
The pause would give CDA time to determine whether existing land-use rules adequately protect surrounding communities from health and safety impacts before such projects move forward.
Federal plans for detention facilities near Gilroy and in Dublin have highlighted a gap in Marin County’s planning regulations. The Countywide Plan, Development Code, and Local Coastal Program don’t adequately address the construction of detention facilities or the conversion of existing buildings for that purpose. A detention facility must have sufficient water, wastewater capacity, and emergency access, and those demands matter when faced with infrastructure constraints and preparations for the upcoming storm season.
“A building doesn’t become suitable for detention simply because it can be converted,” said CDA Director Sarah Jones. “We need to understand how a facility would operate and whether the surrounding infrastructure can support it. We also need to consider what these buildings would mean for nearby communities. The moratorium gives us time to hear from the people who would be affected and determine what standards are needed so that if such a facility is proposed we have standards in place to protect the public.”
If approved, the ordinance would take effect immediately. For 45 days, it would prohibit the siting, construction, conversion, expansion, or operation of new or expanded detention and correctional facilities in unincorporated Marin, whether publicly or privately operated. The County would also suspend the filing, acceptance, processing, and approval of permit applications for those uses.
The moratorium would apply only where the County has land-use authority and to the extent allowed by state and federal law. It would not stop federal immigration enforcement or close existing facilities. State law allows the Board to consider extending the moratorium to be in effect for up to two years after a further public hearing if it needs additional time to develop regulations.
The proposal follows the Board’s October 20 adoption of a separate policy governing the use of County property, resources and confidential information in connection with federal immigration enforcement. The policy addresses how County employees and facilities interact with federal immigration authorities and this proposed ordinance addresses the County’s authority to regulate where and how detention facilities may be established in unincorporated Marin.
“Marin’s open spaces are here because generations of people cared about what this place would become,” said County Executive Derek Johnson. “That same care extends to our neighborhoods. Converting an existing building into a detention facility can change a neighborhood, impact public health, or overtax infrastructure and resources without adding a single new structure. We owe the families who call Marin home the same thoughtfulness we’ve brought to protecting the land we share.”
The Marin County Board of Supervisors will consider the proposed urgency ordinance on Tuesday, November 10. Members of the public may attend in person or participate remotely. The staff report, proposed ordinance and meeting agenda will be posted online Thursday, November 5 on the Board of Supervisors' meetings and agendas webpage. Information about providing public comment is available online.