Government Code — Part 60 | GOV — United States — California law | Esheria

Government Code

Part 60 of 107 · provisions 11,801–12,000

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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

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  1. 51104.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 1. General Provisions [51100 - 51104] ( Article 1 added by Stats. 1976, Ch. 176. )

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    This section defines key terms used in the timberland chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 1. General Provisions [51100 - 51104] ( Article 1 added by Stats. 1976, Ch. 176. ) ## 51104. As used in this chapter, unless otherwise apparent from the context: (a) “Board” means the board of supervisors of a county or city and county, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. (b) “Contiguous” means two or more parcels of land that are adjoining or neighboring or are sufficiently near to each other, as determined by the board or council, that they are manageable as a single forest unit. (c) “Council” means the city council of a city, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. (d) “County” or “city” means the county or city having jurisdiction over the land. (e) “Timber” means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, including Christmas trees, but does not mean nursery stock. (f) “Timberland” means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre. (g) “Timberland production zone” or “TPZ” means an area which has been zoned pursuant to Section 51112 or 51113 and is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, as defined in subdivision (h). With respect to the general plans of cities and counties, “timberland preserve zone” means “timberland production zone.” (h) “Compatible use” is any use which does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber, and shall include, but not be limited to, any of the following, unless in a specific instance such a use would be contrary to the preceding definition of compatible use: (1) Management for watershed. (2) Management for fish and wildlife habitat or hunting and fishing. (3) A use integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings, and log storage areas. (4) The erection, construction, alteration, or maintenance of gas, electric, water, or communication transmission facilities. (5) Grazing. (6) A residence or other structure necessary for the management of land zoned as timberland production. (i) “Parcel” means that portion of an assessor’s parcel that is timberland, as defined. (j) “Anniversary date” means the anniversary of the date on which zoning is established pursuant to Section 51112 or 51113 takes effect. (k) “Tax rate area” means a geographical area in which there is a unique combination of tax levies. (l) “Nonconforming use” means any use within a TPZ which lawfully existed on the effective date of zoning established pursuant to Sections 51112 and 51113, and continuing since that time, which is not a compatible use. (Added by renumbering Section 51100 by Stats. 1982, Ch. 1489, Sec. 1.)
  2. 51110.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

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    The assessor must compile and mail a list of timber-use parcels, and owners who disagree must file a written affidavit by October 1, 1976 to contest TPZ zoning.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51110. (a) On or before September 1, 1976, the assessor shall assemble a list of all parcels, regardless of size, which as of the lien date in 1976, were assessed for growing and harvesting timber as the highest and best use of the land, including all such parcels or portions thereof under agricultural preserve contracts. (b) On or before September 1, 1976, the assessor shall notify by mail, which is certified and with return receipt requested, owners of parcels listed under subdivision (a) that their land has been included in such a list. This notice shall be substantially in the following form: To: (name of taxpayer) Pursuant to the Z’berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976, ____ County must provide for the zoning of land used for growing and harvesting timber as timberland preserve zone (TPZ). A TPZ is a 10-year restriction on the use of land, and will replace the use of agricultural preserves (Williamson Act contracts) on timberland. Land use under a TPZ will be restricted to growing and harvesting timber, and to compatible uses approved by the county (or city). In return, taxation of timberland under a TPZ will be based only on such restrictions in use. To initiate this zoning procedure, the assessor has assembled a list (list “A”) of all those parcels assessed for property tax purposes for growing and harvesting timber as the highest and best use of the land as of March 1, 1976. The following parcels of your land have been included in this list “A”: (legal description or assessor’s parcel no.) If you have one or more parcels listed above which you believe have a highest and best use other than growing and harvesting timber, you must submit to the assessor a written affidavit describing the intended use you have for this parcel(s), and do so before October 1, 1976. The assessor will then designate such parcel(s) as “contested” on the final list of these parcels which is submitted to the county board of supervisors (or city council) on October 15, 1976. A public hearing will be held prior to March 1, 1977, for the consideration of zoning your parcel(s) as TPZ. You will be given at least 20 days’ notice of such hearing. Under the Timber Yield Tax Law, all noncontested parcels included in the final list “A” will be zoned as TPZ unless the owner can demonstrate to the satisfaction of a majority of the full board (or council) that at least one of the following conditions exists: (i) That the parcel or parcels are not capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre; or (ii) That the current use of the parcel has changed subsequent to March 1, 1976, and that such use is no longer the growing and harvesting of timber, and is not compatible with the growing and harvesting of timber. Parcels designated as “contested” which appear on list “A” will be zoned as TPZ unless the owner can demonstrate to the satisfaction of a majority of the full board (or council) that it would not be in the public interest for such parcels(s) to be zoned as TPZ. Parcels in list “A” not zoned as TPZ will receive an alternate zone, if no appropriate zone currently exists. “Contested” parcels not zoned as TPZ will be valued in the future on a higher and better use of the land. Detailed information on the TPZ zoning process and the Z’berg-Warren-Keene-Collier Forest Taxation Reform Act in general may be obtained from your county assessor’s office. (c) Upon notification pursuant to subdivision (b) owners of parcels listed pursuant to subdivision (a) may have one or more such parcels designated as “contested” in the following manner: On or before October 1, 1976, the owner must notify the assessor in a written affidavit that such a parcel has the highest and best use which is not a compatible use for timberland, as determined by the board or council pursuant to Section 51111, and the owner shall state the intended use for such parcel. Upon receipt of such affidavit, the assessor shall designate such parcels on the list to be submitted to the board or council pursuant to subdivision (d) as “contested”. In preparing the assessment roll for the 1977–78 fiscal year and each fiscal year thereafter, the assessor shall take into account the owner’s notice of higher and better use in determining the fair market value for such parcels, if such parcels are not zoned as timberland preserve. (d) On or before October 15, 1976, the assessor shall submit to the board or council a list of all parcels, regardless of size, which as of the lien date in 1976, are assessed for growing and harvesting timber as the highest and best use of the land, including such parcels designated as “contested” pursuant to subdivision (c). This list shall be known as “list A”. (e) On or before August 19, 1976, the State Board of Equalization shall submit to the county assessor for inclusion in list A those parcels on the board roll which are located in the county and which, as of the lien date in 1976, were assessed by the State Board of Equalization for growing and harvesting timber as the highest and best use of the land. (Added by Stats. 1976, Ch. 176.)
  3. 51110.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

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    The assessor must prepare and mail notices about timberland parcel lists, and must submit list B by the stated deadlines.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51110.1. (a) On or before September 1, 1977, the assessor shall assemble a list of all parcels, which, as of the lien date in 1976, appeared in the judgment of the assessor to constitute timberland, but which were not assessed for growing and harvesting timber as the highest and best use of the land. (b) On or before September 1, 1977, the assessor shall notify by mail, which is certified and with return receipt requested, owners of parcels listed under subdivision (a) that their land has been included in such a list. This notice shall be substantially in the following form: To: (name of taxpayer) Pursuant to the Z’berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976, ____ County must provide for the zoning of land used for growing and harvesting timber as timberland preserve zone (TPZ). A TPZ is a 10-year restriction on the use of land, and will replace the use of agricultural preserves (Williamson Act contracts) on timberland. Land use under a TPZ will be restricted to growing and harvesting timber, and to compatible uses approved by the county (or city). In return, taxation of timberland under a TPZ will be based only on such restrictions in use. As part of this zoning procedure, the assessor has assembled a list (list “B”) of all those parcels which appear to be land used for growing and harvesting timber, but which are not assessed for property tax purposes as this being the highest and best use of the land. The following parcels of your land have been included in this list “B”: (Legal description or assessor’s parcel no.) A public hearing will be held prior to March 1, 1978, for the consideration of zoning your parcel(s) as TPZ. You will be given at least 20 days’ notice of such hearing. Under the Z’berg-Warren-Keene-Collier Forest Taxation Reform Act, all parcels included in this list “B” will be zoned as TPZ unless the owner can demonstrate to the satisfaction of a majority of the full board (or council) that it would not be in the public interest for such parcel(s) to be zoned as TPZ. Parcels on list “B” not zoned as TPZ will receive an alternate zone, if no appropriate zone currently exists. Detailed information on the TPZ zoning process and the Z’berg-Warren-Keene-Collier Forest Taxation Reform Act in general may be obtained from your county assessors office. (c) On or before October 15, 1977, the assessor shall submit to the board or council a list of all parcels, which as of the lien date in 1976, appear to constitute timberland, but which are not assessed for growing and harvesting timber as the highest and best use of the land. This list shall be known as “list B”. (d) On or before August 19, 1977, the State Board of Equalization shall submit to the county assessor, for inclusion in list B, those parcels on the board roll which are located in the county and which as of the lien date in 1976, appear to constitute timberland, but which were not assessed by the State Board of Equalization for growing and harvesting timber as the highest and best use of the land. (Amended by Stats. 1977, Ch. 853.)
  4. 51110.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

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    The county or city planning commission must hold a public hearing on referred parcels and issue a written recommendation to the board or council.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51110.2. The county or city planning commission shall hold a public hearing on parcels referred to it for review by the board or council pursuant to subdivision (d) of Section 51110 and subdivision (c) of Section 51110.1 according to Section 65854, and shall render its decision in the form of a written recommendation to the board or council according to Section 65855. The planning commission shall include in its recommendation to the board or council considerations as to the exact zoning boundaries to be drawn within each assessors parcel contained in list A or list B. (Amended by Stats. 1983, Ch. 142, Sec. 61.)
  5. 51110.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

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    If a landowner did not receive the required notice, the owner may petition the board or council before January 1, 1978, and must show an eligible forest management plan for the parcel.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51110.3. In the event that a landowner does not receive notice pursuant to subdivision (b) of Section 51110.1, such owner may prior to January 1, 1978, petition directly to the board or council to have a parcel owned by such person included on list “B.” Such owner must be able to demonstrate that on each such parcel a plan for forest management has been prepared, or approved as to content, by a registered professional forester prior to October 15, 1977. Such plan shall provide for the harvest of timber within a reasonable period of time, as determined by the preparer of the plan. In the event that the board or council finds that the parcel does in fact have plans for forest management signed by a registered professional forester prior to October 15, 1977, the board or council shall include the parcel listed in the petition on list “B” without respect to acreage or size and shall consider these parcels under subdivision (c) of Section 51112. (Added by Stats. 1977, Ch. 853.)
  6. 51111.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

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    The board or council must adopt a list and detailed description of additional compatible uses for timberland production parcels by October 1, 1976.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51111. On or before October 1, 1976, the board or council shall adopt a list and a detailed description of additional compatible uses for parcels zoned as timberland production. (Amended by Stats. 1984, Ch. 678, Sec. 2.)
  7. 51112.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

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    The board or council must zone certain assessor-listed parcels as timberland production by the stated deadlines, and must give landowners written notice at least 20 days before the hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51112. (a) On or before March 1, 1977, the board or council by ordinance, after the advice of the planning commission pursuant to Section 51110.2, and after public hearing, shall zone as timberland production all parcels appearing on list A submitted by the assessor pursuant to subdivision (d) of Section 51110 which are not designated as “contest,” unless it finds by a majority vote of the full body that a parcel or parcels are not devoted to and used for growing and harvesting timber or for growing and harvesting timber and compatible uses. The basis for such a finding is limited to either of the following: (1) The parcel is not in fact capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre; (2) The use of the parcel has changed subsequent to the lien date in 1976, and that such use no longer meets the definition of timberland, or of compatible uses as defined and as adopted by the board or council pursuant to Section 51111. (b) On or before March 1, 1977, the board or council by ordinance, after the advice of the planning commission pursuant to Section 51110.2, and after public hearing, shall zone as timberland production all parcels appearing on list A which are designated as “contested” pursuant to subdivision (c) of Section 51110, except those parcels which it finds by a majority vote of the full body to be in the public interest to exclude from such a zone. (c) On or before March 1, 1978, the board or council by ordinance, after the advice of the planning commission pursuant to Section 51110.2, and after public hearing, shall zone as timberland production all parcels appearing on list B submitted by the assessor pursuant to subdivision (c) of Section 51110.1, except those parcels which it finds by a majority vote of the full body to be in the public interest to exclude from such a zone. (d) On parcels excluded from the timberland production zone under this section, the board or council shall apply an alternate zone which is in conformance with the county general plan and whose primary use is other than timberland, if no such appropriate zone currently applies to such parcels. (e) The owner of the land shall be given written notice at least 20 days prior to the hearing of the board or council, and notice of hearing shall be published pursuant to Section 6061 of this code, and shall include a legal description, or the assessor’s parcel number, of the land which is proposed to be included within the timberland production zone. (Amended by Stats. 1984, Ch. 678, Sec. 3.)
  8. 51113.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

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    An owner may ask the board or council to zone land as timberland production, and the board or council must zone qualifying parcels and adopt petition and zoning criteria.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51113. (a) (1) An owner may petition the board or council to zone his or her land as timberland production. The board or council by ordinance, after the advice of the planning commission pursuant to Section 51110.2, and after public hearing, shall zone as timberland production all parcels submitted to it by petition pursuant to this section, which meet all of the criteria adopted pursuant to subdivision (c). Any owner who has so petitioned and whose land is not zoned as timberland production may petition the board or council for a rehearing on the zoning. (2) This section shall not be construed as limiting the ability of the board or council to zone as timberland production any parcel submitted upon petition that is timberland, defined pursuant to subdivision (f) of Section 51104, and which is in compliance with the compatible use ordinance adopted by the board or council pursuant to Section 51111. (b) The board or council, on or before March 1, 1977, by resolution, shall adopt procedures for initiating, filing, and processing petitions for timberland production zoning and for rezoning. The rules shall be applied uniformly throughout the county or city. (c) On or before March 1, 1977, the board or council by ordinance shall adopt a list of criteria required to be met by parcels being considered for zoning as timberland production under this section. The criteria shall not impose any requirements in addition to those listed in this subdivision and in subdivision (d). The following shall be included in the criteria: (1) A map shall be prepared showing the legal description or the assessor’s parcel number of the property desired to be zoned. (2) A plan for forest management shall be prepared or approved as to content, for the property by a registered professional forester. The plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan. (3) (A) The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the forest practice rules adopted by the State Board of Forestry and Fire Protection for the district in which the parcel is located, or the owner shall sign an agreement with the board or council to meet those stocking standards and forest practice rules by the fifth anniversary of the signing of the agreement. If the parcel is subsequently zoned as timberland production under subdivision (a), failure to meet the stocking standards and forest practice rules within this time period provides the board or council with a ground for rezoning of the parcel pursuant to Section 51121. (B) Upon the fifth anniversary of the signing of an agreement, the board shall determine whether the parcel meets the timber stocking standards in effect on the date that the agreement was signed. Notwithstanding the provisions of Article 4 (commencing with Section 51130), if the parcel fails to meet the timber stocking standards, the board or council shall immediately rezone the parcel and specify a new zone for the parcel, which is in conformance with the county general plan and whose primary use is other than timberland. (4) The parcel shall be timberland, as defined in subdivision (f) of Section 51104. (5) The parcel shall be in compliance with the compatible use ordinance adopted by the board or council pursuant to Section 51111. (d) The criteria required by subdivision (c) may also include any or all of the following: (1) The land area concerned shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of single or contiguous parcels of a certain number of acres, not to exceed 80 acres. (2) The land shall be a certain site quality class or higher under Section 434 of the Revenue and Taxation Code, except that the parcel shall not be required to be of the two highest site quality classes. (Amended by Stats. 1998, Ch. 972, Sec. 5. Effective January 1, 1999.)
  9. 51113.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

    Verify source ↗

    An eligible owner may petition the board or council to add contiguous timberland to timberland production lands, and Section 51113 does not apply to those added lands.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51113.5. (a) After March 1, 1977, an owner with timberlands in a timberland production zone pursuant to Section 51112 or 51113 may petition the board or council to add to his or her timberland production lands that meet the criteria of subdivisions (f) and (g) of Section 51104 and that are contiguous to the timberland already zoned as timberland production. Section 51113 shall not apply to these lands. (b) In the event of land exchanges with, or acquisitions from, a public agency in which the size of an owner’s parcel or parcels zoned as timberland production pursuant to Section 51112 or 51113 is reduced, the timberland production shall not be removed from the parcel except pursuant to Section 51121 and except for a cause other than the smaller parcel size. (Amended by Stats. 1982, Ch. 1489, Sec. 7.)
  10. 51114.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

    Verify source ↗

    Timberland production parcels must have an initial 10-year zoning term, and one more year is added on each anniversary of the initial zoning unless rezoning notice is given under Section 51120.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51114. Parcels zoned as timberland production shall be zoned as such for an initial term of 10 years. On the first and each subsequent anniversary date of the initial zoning, a year shall be added to the initial term of 10 years, unless a notice of rezoning is given as provided in Section 51120. (Amended by Stats. 1982, Ch. 1489, Sec. 8.)
  11. 51115.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

    Verify source ↗

    Parcels zoned as timberland production must be limited to growing and harvesting timber and compatible uses.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51115. Parcels zoned as timberland production shall be zoned so as to restrict their use to growing and harvesting timber and to compatible uses. The growing and harvesting of timber on those parcels shall be regulated solely pursuant to state statutes and regulations. (Amended by Stats. 1984, Ch. 1009, Sec. 1.3.)
  12. 51115.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

    Verify source ↗

    Zoning a parcel under this chapter creates a presumption that timber operations are expected to occur there.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51115.1. (a) The zoning of a parcel pursuant to this chapter shall give rise to a presumption that timber operations, as defined in Section 4527 of the Public Resources Code, may reasonably be expected to and will occur on that parcel. (b) The Legislature hereby declares that the enactment of this section is intended to make clear that the zoning of a parcel pursuant to this chapter is an indication that timber operations are expected to occur on that parcel at a future date. The Legislature further declares that this section is not intended and shall not be construed as altering any substantive or procedural requirement of Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code, or of any rule or regulation adopted pursuant thereto. (Added by Stats. 1982, Ch. 1418, Sec. 1.)
  13. 51115.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

    Verify source ↗

    Changes to a nonconforming use are limited to ordinary maintenance and repair, and changes that enlarge it or make it more permanent are not allowed. If the nonconforming use stops for a year or more, later use must comply with this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51115.2. (a) Changes or additions to any nonconforming use shall be limited to ordinary maintenance and repair, except that no change or addition which enlarges or tends to make more permanent any nonconforming use shall be permitted. (b) If any nonconforming use ceases for a period of one year or more, use subsequent to the cessation shall comply with this chapter. (Added by Stats. 1982, Ch. 1489, Sec. 10.)
  14. 51115.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

    Verify source ↗

    Timber operations in a timber production zone are not a nuisance, unless the operation endangers public health or safety or blocks access to certain public waters or places.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51115.5. (a) Notwithstanding any other provision of law, timber operations conducted within a timber production zone pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Division 4 of the Public Resources Code) shall not constitute a nuisance, private or public. (b) This section is not applicable with respect to any timber operation which (1) endangers public health or public safety or (2) prohibits the free passage or use of any navigable lake, river, bay, stream, canal, or basin, or any public park, street, or highway. (c) For purposes of this section, the term “timber operation” means the cutting, removal, or both, of timber or other wood forest products, including Christmas trees, from timberlands for commercial purposes, together with all the work incidental thereto, including, but not limited to, construction and maintenance of roads, fuel breaks, fire breaks, stream crossings, landings, skid trails, beds for falling trees, fire hazard abatement, and preparation, transportation, and delivery of timber and other wood products to market. (Added by Stats. 1982, Ch. 1489, Sec. 11.)
  15. 51116.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

    Verify source ↗

    A county or city may go to court to stop a use that is not allowed on timberland-production zoned land.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51116. The county or city may bring any action in court necessary to prohibit a use not permitted with respect to land zoned as timberland production, including, but not limited to, an action to enforce the zoning restrictions by specific performance or injunction. (Amended by Stats. 1982, Ch. 1489, Sec. 12.)
  16. 51117.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

    Verify source ↗

    When land is zoned or rezoned as timberland production, the city or county must file a notice, map, and assessor’s parcel numbers with the recorder’s office after appeals are exhausted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51117. When land is zoned as timberland production or subsequently rezoned from a timberland production zone and after exhaustion of appeals, a notice of timberland production zone status, together with a map and assessor’s parcel numbers describing such land, shall be filed for record by the city or county in the recorder’s office. The notice and map shall become a part of the official records of the county recorder upon its acceptance by him for filing. The filing for record of a notice of timberland production, together with a map and assessor’s parcel numbers describing the land, shall impart constructive notice thereof. (Amended by Stats. 1982, Ch. 1489, Sec. 13.)
  17. 51118.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

    Verify source ↗

    Land zoned as timberland production must be restricted, and the city or county must enforce and administer that restriction.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51118. Land zoned as timberland production under this chapter shall be enforceably restricted within the meaning of Section 3(j) of Article XIII of the Constitution and the restriction shall be enforced and administered by the city or county in a manner to accomplish the purposes of that section and this chapter. (Amended by Stats. 1982, Ch. 1489, Sec. 14.)
  18. 51119.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

    Verify source ↗

    Board or council actions to zone a parcel as timberland production under Sections 51112 or 51113 are exempt from Section 21151 of the Public Resources Code.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51119. Any action of the board or council undertaken to zone a parcel as timberland production pursuant to Section 51112 or 51113 is exempt from the requirements of Section 21151 of the Public Resources Code. (Amended by Stats. 1982, Ch. 1489, Sec. 15.)
  19. 51119.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. )

    Verify source ↗

    Parcels zoned as timberland production generally may not be split into parcels under 160 acres unless a qualifying joint timber management plan is prepared.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 2. Timberland Production Zones [51110 - 51119.5] ( Heading of Article 2 amended by Stats. 1982, Ch. 1489, Sec. 5.5. ) ## 51119.5. Parcels zoned as timberland production under this chapter may not be divided into parcels containing less than 160 acres unless the original owner prepares a joint timber management plan prepared or approved as to content by a registered professional forester for the parcels to be created. The joint timber management plan shall provide for the management and harvesting of timber by the original and any subsequent owners, and shall be recorded with the county recorder as a deed restriction on all newly created parcels. The deed restriction shall run with the land rather than with the owners, and shall remain in force for a period of not less than 10 years from the date division is approved by the board or council. The division shall be approved only by a four-fifths vote of the full board or council, and only after recording of the deed restriction. (Amended by Stats. 1982, Ch. 1489, Sec. 16.)
  20. 51120.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 3. Rezoning [51120 - 51121] ( Article 3 added by Stats. 1976, Ch. 176. )

    Verify source ↗

    If an owner wants to rezone a timberland parcel, they must give written notice and follow specified procedures. The board or council must decide the request within 120 days after notice and may remove the parcel from the timberland production zone and set a new zone. A denied owner may ask for a rehearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 3. Rezoning [51120 - 51121] ( Article 3 added by Stats. 1976, Ch. 176. ) ## 51120. (a) If the owner desires in any year to rezone a parcel from its current timberland production zone, the owner shall give written notice, naming the new zone desired, and shall follow procedures established pursuant to Sections 65854 to 65857, inclusive. Unless the written notice is given at least 90 days prior to the anniversary date of initial zoning, the zoning term shall be deemed extended. (b) Within 120 days of receipt of the written notice of an owner’s desire to rezone a parcel, the board or council, after a public hearing, shall rule on the request for rezoning. (c) The board or council by a majority vote of the full body may remove the parcel from the timberland production zone and shall specify a new zone for the parcel. (d) The new zone approved pursuant to subdivision (c) shall become effective 10 years from the date of approval. Upon rezoning the parcel shall be valued pursuant to Section 426 of the Revenue and Taxation Code, in the same manner as if a restriction were terminated as provided for in Section 51091 or 51245. (e) If the board or council denies the owner’s request for change of zone pursuant to subdivision (b), the owner may petition for a rehearing. (Amended by Stats. 1982, Ch. 1489, Sec. 17.)
  21. 51121.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 3. Rezoning [51120 - 51121] ( Article 3 added by Stats. 1976, Ch. 176. )

    Verify source ↗

    If a county or city wants not to extend zoning, it must give written notice of intent to rezone; the owner can protest or appeal, and the board or council must hold a public hearing before reaffirming a zoning change.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 3. Rezoning [51120 - 51121] ( Article 3 added by Stats. 1976, Ch. 176. ) ## 51121. (a) If the board or council after public hearing and by a majority vote of the full body desires in any year not to extend the term of zoning, the county or city shall give written notice of its intent to rezone following procedures established pursuant to subdivision (b) of Section 51113. A proposed new zone shall be specified. Unless the written notice is given at least 90 days prior to the anniversary date of the initial zoning, the zoning term shall be deemed extended. (b) Upon receipt by the owner of a notice of intent to rezone from the county or city, the owner may make written protest of the notice and may appeal to the board or council within 30 days of notice from the county or city. The board or council may at any time prior to the anniversary date withdraw the notice of intent to rezone. (c) The board or council shall hold a public hearing on the proposed change and by a majority vote of the full body may reaffirm its intent to change the zoning and specify a new zone. (d) A new zone of a parcel shall be effective 10 years from the date of the reaffirmation vote pursuant to subdivision (c). Upon rezoning the parcel shall be valued pursuant to Section 426 of the Revenue and Taxation Code. (e) The owner may petition to be reheard. (Amended by Stats. 1977, Ch. 853.)
  22. 51130.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 4. Immediate Rezoning [51130 - 51134] ( Article 4 added by Stats. 1976, Ch. 176. )

    Verify source ↗

    This article says rezoning relief for timberland production is available only when keeping land in the timberland production zone is neither necessary nor desirable for the purposes of the Constitution section and the chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 4. Immediate Rezoning [51130 - 51134] ( Article 4 added by Stats. 1976, Ch. 176. ) ## 51130. The purpose of this article is to provide relief from zoning as timberland production pursuant to this chapter only when the continued use of land in the timberland production zone is neither necessary nor desirable to accomplish the purposes of Section 3(j) of Article XIII of the Constitution and of this chapter. (Amended by Stats. 1982, Ch. 1489, Sec. 18.)
  23. 51131.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 4. Immediate Rezoning [51130 - 51134] ( Article 4 added by Stats. 1976, Ch. 176. )

    Verify source ↗

    A timberland production zone cannot be immediately rezoned unless a landowner requests it and the article allows it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 4. Immediate Rezoning [51130 - 51134] ( Article 4 added by Stats. 1976, Ch. 176. ) ## 51131. A timberland production zone may not be immediately rezoned except pursuant to a request by a landowner, and as provided in this article. (Amended by Stats. 1982, Ch. 1489, Sec. 19.)
  24. 51133.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 4. Immediate Rezoning [51130 - 51134] ( Article 4 added by Stats. 1976, Ch. 176. )

    Verify source ↗

    A board or council may tentatively approve immediate rezoning only after notice and hearing, a four-fifths vote, required public notice and written findings. It must then send the tentative approval to the State Board of Forestry and Fire Protection, which considers it; final approval depends on that Board approving conversion.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 4. Immediate Rezoning [51130 - 51134] ( Article 4 added by Stats. 1976, Ch. 176. ) ## 51133. (a) If application for conversion is required pursuant to Section 4621 of the Public Resources Code, the board or council may tentatively approve the immediate rezoning after notice and hearing and only if by a four-fifths vote of the full body, and all of the following occur: (1) A public hearing is held with notice of the hearing being given to all owners of lands situated within one mile of the exterior boundary of the land upon which immediate rezoning is proposed. (2) The board or council makes written findings that immediate rezoning is not inconsistent with the purposes of subdivision (j) of Section 3 of Article XIII of the California Constitution and of this chapter. (3) The board or council makes written findings that immediate rezoning is in the public interest. (b) The board or council shall forward its tentative approval to the State Board of Forestry and Fire Protection, together with the application for immediate rezoning, a summary of the public hearing and any other information required by the State Board of Forestry and Fire Protection. The State Board of Forestry and Fire Protection shall consider the tentative approval pursuant to Section 4621.2 of the Public Resources Code. Final approval to an immediate rezoning is given only if the State Board of Forestry and Fire Protection has approved conversion pursuant to Section 4621.2 of the Public Resources Code. Upon final approval of conversion, the State Board of Forestry and Fire Protection shall notify the board or council of the approval, and the board or council shall remove the parcel from the timberland production zone and shall specify a new zone for the parcel. (Amended by Stats. 1998, Ch. 972, Sec. 6. Effective January 1, 1999.)
  25. 51134.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 4. Immediate Rezoning [51130 - 51134] ( Article 4 added by Stats. 1976, Ch. 176. )

    Verify source ↗

    A board or council may approve an immediate rezoning request only after a four-fifths vote and written findings meeting specific conditions. The action must comply with state law and local ordinances, and the county or city may charge a processing and recording fee to the landowner.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 4. Immediate Rezoning [51130 - 51134] ( Article 4 added by Stats. 1976, Ch. 176. ) ## 51134. (a) If an application for conversion is not required pursuant to Section 4621 of the Public Resources Code, the board or council may approve the immediate rezoning request only if by a four-fifths vote of the full board or council it makes written findings that all of the following exist: (1) The immediate rezoning would be in the public interest. (2) The immediate rezoning does not have a substantial and unmitigated adverse effect upon the continued timber-growing use or open-space use of other land zoned as timberland production and situated within one mile of the exterior boundary of the land upon which immediate rezoning is proposed. (3) The soils, slopes, and watershed conditions will be suitable for the uses proposed by the applicant if the immediate rezoning is approved. (4) The immediate rezoning is not inconsistent with the purposes of subdivision (j) of Section 3 of Article XIII of the Constitution and of this chapter. (b) The existence of an opportunity for an alternative use of the land shall not alone be sufficient reason for granting a request for immediate rezoning pursuant to this section. Immediate rezoning shall be considered only if there is no proximate and suitable land which is not zoned as timberland production for the alternate use not permitted within a timberland production zone. (c) The uneconomic character of the existing use shall not be sufficient reason for the approval of immediate rezoning pursuant to this section. The uneconomic character of the existing use may be considered only if there is no other reasonable or comparable timber-growing use to which the land may be put. (d) Immediate rezoning action shall comply with all the applicable provisions of state law and local ordinances. (e) The county or city may require the payment of a fee by the landowner for the cost of processing the application and recording the necessary documentation. (Amended by Stats. 1982, Ch. 1489, Sec. 21.)
  26. 51140.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 5. Removal from Zone [51140 - 51146] ( Article 5 added by Stats. 1976, Ch. 176. )

    Verify source ↗

    When rezoning occurs, the board or council must certify the rezoning and state the new zone and its effective date.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 5. Removal from Zone [51140 - 51146] ( Article 5 added by Stats. 1976, Ch. 176. ) ## 51140. Upon rezoning, the board or council shall certify the rezoning indicating the new zone and its effective date. (Added by Stats. 1976, Ch. 176.)
  27. 51141.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 5. Removal from Zone [51140 - 51146] ( Article 5 added by Stats. 1976, Ch. 176. )

    Verify source ↗

    The city or county must record the rezoning certification, map, and assessor parcel numbers in the recorder’s office. The assessor may also require a description of the rezoned portion of the property.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 5. Removal from Zone [51140 - 51146] ( Article 5 added by Stats. 1976, Ch. 176. ) ## 51141. A copy of the certification of rezoning together with the map and assessor’s parcel numbers for the rezoned land shall be recorded by the city or county in the recorder’s office in the same manner as deeds are recorded, and commencing on the lien date next following the effective date of the new zone, such land shall be assessed on the same basis as real property is assessed generally in that county. The assessor may require a description of the portion of the property rezoned as provided in Section 456 of the Revenue and Taxation Code. (Added by Stats. 1976, Ch. 176.)
  28. 51142.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 5. Removal from Zone [51140 - 51146] ( Article 5 added by Stats. 1976, Ch. 176. )

    Verify source ↗

    If a parcel in a timberland production zone is immediately rezoned, a tax recoupment fee is imposed and the county must reassess, certify, bill, and collect it on a set schedule.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 5. Removal from Zone [51140 - 51146] ( Article 5 added by Stats. 1976, Ch. 176. ) ## 51142. (a) Upon immediate rezoning of a parcel in a timberland production zone, a tax recoupment fee shall be imposed on the owner of the land. Within 90 days following rezoning of land in the timberland production zone the county assessor shall reassess the rezoned parcels on the basis of the value of the property in its rezoned use. The assessor shall certify this value to the owner of the land and to the county auditor. The owner may appeal this new valuation in the same manner as an assessment appeal. The application for an appeal shall be filed with the clerk no later than 60 days after the date of the mailing of the notice certifying the new valuation. Except when under an appeal, after the certification the auditor shall, in cases of immediate rezoning, within 10 days compute the tax recoupment fee and certify the amount to the tax collector. The tax collector shall notify the owner in writing of the amount and due date of the fee. Fees shall be due 60 days after mailing of notification. (b) The tax recoupment fee shall apply only in cases of immediate rezoning and shall be a multiple of the difference between the amount of the tax last levied against the property when zoned as timberland production and the amount equal to the assessed valuation of the rezoned property times the tax rate of the current levy for the tax rate area, that multiple to be chosen from the following table according to subdivision (c): Year Multiple 1 ........................ 1.06000 2 ........................ 2.18360 3 ........................ 3.37462 4 ........................ 4.63709 5 ........................ 5.97332 6 ........................ 7.39384 7 ........................ 8.89747 8 ........................ 10.49132 9 ........................ 12.18080 10 ........................ 13.97164 (c) The multiple shall correspond to the number of years or fraction thereof, but in no event greater than 10, for which the land was zoned as timberland production or was subject to a contract under Chapter 7 (commencing with Section 51200). (d) Tax recoupment fees imposed pursuant to this section shall be due and payable to the county in which the rezoning has taken place. (e) In cases of immediate rezoning, an owner may submit a written application, requesting the waiver of tax recoupment fees and explaining the reasons therefor, to either the State Board of Equalization or, where the county board of supervisors has adopted an authorizing resolution, to the county board of supervisors. The board receiving an application pursuant to this subdivision may, if it determines that it is in the public interest, waive all or any portion of the fees. (Amended by Stats. 2001, Ch. 407, Sec. 1. Effective January 1, 2002.)
  29. 51146.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 5. Removal from Zone [51140 - 51146] ( Article 5 added by Stats. 1976, Ch. 176. )

    Verify source ↗

    A fee imposed under this article must be shown on the assessment roll, and once shown it becomes a lien on the parcel of land.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 5. Removal from Zone [51140 - 51146] ( Article 5 added by Stats. 1976, Ch. 176. ) ## 51146. A fee imposed under this article shall be indicated on the assessment roll and when so indicated shall become a lien against the parcel of land in the same manner as county general taxes. (Added by Stats. 1976, Ch. 176.)
  30. 51150.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51150 - 51155] ( Article 6 added by Stats. 1977, Ch. 853. )

    Verify source ↗

    The state policy is to avoid locating state or local public improvements, public utility improvements, and related land acquisition in timberland production zones whenever practicable.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51150 - 51155] ( Article 6 added by Stats. 1977, Ch. 853. ) ## 51150. It is the policy of the state to avoid, whenever practicable, the location of any state or local public improvements and any improvements of public utilities, and the acquisition of land therefor, in timberland production zones. (Amended by Stats. 1982, Ch. 1489, Sec. 23.)
  31. 51151.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51150 - 51155] ( Article 6 added by Stats. 1977, Ch. 853. )

    Verify source ↗

    A public agency or eminent-domain person planning a public improvement in a timberland production zone must notify the Secretary of Resources and the local governing body, then consider their comments.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51150 - 51155] ( Article 6 added by Stats. 1977, Ch. 853. ) ## 51151. (a) As used in this section, Section 51152, and Section 51155, “public agency” means the state, or any department or agency thereof, and any county, city, school district, or other local public district, agency, or entity; and “person” means any person authorized to acquire property by eminent domain. (b) Whenever it appears that land within a timberland production zone (TPZ) may be required by a public agency or person for a public use, the public agency or person shall advise the Secretary of Resources and the local governing body responsible for the administration of the land of the intention to consider the location of a public improvement within the TPZ. Within 30 days thereafter the Secretary of Resources and the local governing body shall forward to the public agency or person concerned their comments with respect to the effect of the location of the public improvement on the land within the TPZ and those comments shall be considered by the public agency or person. Failure of any public agency or person to comply with the requirements of this section shall invalidate any action by the agency or person to locate a public improvement within a TPZ. This subdivision does not apply to the erection, construction, alteration or maintenance of gas, electric, water, or communication transmission facilities within a TPZ if that TPZ was established after submission of the location of the facilities to the city or county for review or approval. (Amended by Stats. 1982, Ch. 1489, Sec. 24.)
  32. 51152.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51150 - 51155] ( Article 6 added by Stats. 1977, Ch. 853. )

    Verify source ↗

    Public agencies and persons must not site a public improvement in a timberland production zone mainly because land there is cheaper, and must not acquire timberland zoned for timber production for a public improvement when other reasonably feasible land is available.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51150 - 51155] ( Article 6 added by Stats. 1977, Ch. 853. ) ## 51152. (a) No public agency or person shall locate a public improvement within a timberland production zone (TPZ) based primarily on a consideration of the lower cost of acquiring a land in a TPZ. (b) No public agency or person shall acquire timberland zoned as timberland production pursuant to this chapter for any public improvement if there is other land within or outside the TPZ on which it is reasonably feasible to locate the public improvement. (Amended by Stats. 1982, Ch. 1489, Sec. 25.)
  33. 51153.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51150 - 51155] ( Article 6 added by Stats. 1977, Ch. 853. )

    Verify source ↗

    Section 51152 does not apply to several listed types of improvements, facilities, highways, public works, and condemnation-related land.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51150 - 51155] ( Article 6 added by Stats. 1977, Ch. 853. ) ## 51153. Section 51152 shall not apply to: (a) The location or construction of improvements where the board or council administering the TPZ approves or agrees to the location thereof. (b) The acquisition of easements within a TPZ by the board or council administering the TPZ. (c) The location or construction of any public utility improvement which has been approved by the Public Utilities Commission. (d) Public works required for fish and wildlife enhancement and preservation. (e) Improvements for which the site or route has been specified by the Legislature in such a manner as to make it impossible to avoid the acquisition of land under contract. (f) All state highways on routes as described in Sections 301 to 622, inclusive, of the Streets and Highways Code, as those sections read on October 1, 1965. (g) All facilities which are part of the State Water Facilities as described in subdivision (d) of Section 12934 of the Water Code, except facilities under paragraph (6) of said subdivision (d). (h) Land upon which condemnation proceedings have been commenced prior to July 1, 1977. (Added by Stats. 1977, Ch. 853.)
  34. 51154.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51150 - 51155] ( Article 6 added by Stats. 1977, Ch. 853. )

    Verify source ↗

    Section 51152 can be enforced only through mandamus proceedings brought by the local governing body administering the timberland production zone or the Secretary of Resources.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51150 - 51155] ( Article 6 added by Stats. 1977, Ch. 853. ) ## 51154. Section 51152 shall be enforceable only by mandamus proceedings by the local governing body administering the timberland production zone or the Secretary of Resources. However, as applied to condemnors whose determination of necessity is not conclusive by statute, evidence as to the compliance of the condemnor with Section 51152 shall be admissible on motion of any of the parties in any action otherwise authorized to be brought by the landowner or in any action against him. (Amended by Stats. 1982, Ch. 1489, Sec. 26.)
  35. 51155.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51150 - 51155] ( Article 6 added by Stats. 1977, Ch. 853. )

    Verify source ↗

    This section says that when all or part of timberland-production land is taken in eminent domain or similar acquisition, the affected land is immediately treated as rezoned for valuation and other listed purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51150 - 51155] ( Article 6 added by Stats. 1977, Ch. 853. ) ## 51155. When any action in eminent domain for the condemnation of the fee title of an entire parcel of land zoned as timberland production is filed or when that land is acquired in lieu of eminent domain for a public agency or person or whenever there is any such action or acquisition by the federal government or any person, instrumentality or agency acting under authority or power of the federal government, the parcel shall be deemed immediately rezoned (pursuant to Section 51130) as to the land actually being condemned or so acquired as of the date the action is filed and for the purposes of establishing the value of the land, the timberland production zone (TPZ) shall be deemed never to have existed. Upon the termination of such a proceeding, the parcel shall be immediately rezoned for all land actually taken or acquired. When an action to condemn or acquire less than all of a parcel of land subject to a TPZ is commenced, the parcel shall be deemed immediately rezoned as to the land actually condemned or acquired and shall be disregarded in the valuation process only as to the land actually being taken, unless the remaining land subject to the TPZ will be adversely affected by the condemnation, in which case the value of that damage shall be computed without regard to the TPZ. When an action to condemn or acquire an interest which is less than the fee title of an entire parcel or any portion thereof, of land subject to a TPZ is commenced, the parcel shall be deemed immediately rezoned as to that interest and for the purpose of establishing the value of that interest only shall be deemed never to have existed, unless the remaining interests in any of the land subject to the TPZ will be adversely affected, in which case the value of that damage shall be computed without regard to the TPZ. The land actually taken shall be removed from the TPZ. Under no circumstances shall land be removed that is not actually taken, except that when only a portion of the land or less than a fee interest in the land is taken or acquired, the parcel may be immediately rezoned with respect to the remaining portion or interest upon petition of either party, and pursuant to the provisions of Article 4 (commencing with Section 51130). For the purposes of this section, a finding by the board or council that no authorized use may be made of the land if the TPZ is continued on the remaining portion or interest in the land may satisfy the requirements of subdivisions (a), (b), and (c) of Section 51134, and subdivisions (a), (b), and (c) of Section 4621.2 of the Public Resources Code. (Amended by Stats. 1983, Ch. 1281, Sec. 5. Effective September 30, 1983.)
  36. 51175.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

    Verify source ↗

    The Legislature says this chapter applies to all local agencies and does not limit a local agency’s authority to impose more restrictive fire and public safety requirements when otherwise authorized by law.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51175. The Legislature hereby finds and declares as follows: (a) Wildfires are extremely costly, not only to property owners and residents, but also to local agencies. Wildfires pose a serious threat to the preservation of the public peace, health, or safety. The wildfire front is not the only source of risk since embers, or firebrands, travel far beyond the area impacted by the front and pose a risk of ignition to a structure or fuel on a site for a longer time. Since fires ignore civil boundaries, it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control. Preventive measures are therefore needed to ensure the preservation of the public peace, health, or safety. (b) The prevention of wildland fires is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead, a matter of statewide concern. It is the intent of the Legislature that this chapter apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. This subdivision shall not limit the authority of a local agency to impose more restrictive fire and public safety requirements, as otherwise authorized by law. (c) It is not the intent of the Legislature in enacting this chapter to limit or restrict the authority of a local agency to impose more restrictive fire and public safety requirements, as otherwise authorized by law. (Amended by Stats. 2008, Ch. 366, Sec. 1. Effective January 1, 2009.)
  37. 51176.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

    Verify source ↗

    This chapter’s purpose is to classify lands by very high fire hazard and to require measures that slow and reduce the intensity of uncontrolled fires.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51176. The purpose of this chapter is to classify lands in the state in accordance with whether a very high fire hazard is present so that public officials are able to identify measures that will retard the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken. (Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.)
  38. 51177.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

    Verify source ↗

    This section defines several terms used in Chapter 6.8, including “defensible space,” “director,” “fuel,” “local agency,” “vegetation,” and “wildfire.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51177. As used in this chapter: (a) “Defensible space” means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas. (b) “Director” means the Director of Forestry and Fire Protection. (c) “Fuel” means any combustible material, including petroleum-based products, cultivated landscape plants, grasses, and weeds, and wildland vegetation. (d) “Fuel management” means the act or practice of controlling flammability and reducing resistance to control of fuels through mechanical, chemical, biological, or manual means or by fire, in support of land management objectives. (e) “Local agency” means a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone. (f) “Single specimen tree” means any live tree that stands alone in the landscape so as to be clear of buildings, structures, combustible vegetation, or other trees, and that does not form a means of rapidly transmitting fire from the vegetation to an occupied dwelling or structure or from an occupied dwelling or structure to vegetation. (g) “State responsibility areas” means those areas identified pursuant to Section 4102 of the Public Resources Code. (h) “Vegetation” means all plants, including trees, shrubs, grass, and perennial or annual plants. (i) “Very high fire hazard severity zone” means an area designated as a very high fire hazard severity zone by the State Fire Marshal pursuant to Section 51178 that is not a state responsibility area. (j) “Wildfire” means an unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire. (Amended by Stats. 2021, Ch. 382, Sec. 1.5. (SB 63) Effective January 1, 2022.)
  39. 51178.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

    Verify source ↗

    The State Fire Marshal must identify areas in the state as moderate, high, and very high fire hazard severity zones using statewide criteria and fire-hazard severity in those areas.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51178. The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread. (Amended by Stats. 2021, Ch. 382, Sec. 2.5. (SB 63) Effective January 1, 2022.)
  40. 51178.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

    Verify source ↗

    A local agency must, within 30 days after receiving the State Fire Marshal’s transmittal identifying fire hazard severity zones, make the information available for public review and comment.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51178.5. Within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps. (Amended by Stats. 2021, Ch. 382, Sec. 3.5. (SB 63) Effective January 1, 2022.)
  41. 51179.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

    Verify source ↗

    A local agency must designate fire hazard severity zones by ordinance, send the ordinance to the State Board of Forestry and Fire Protection within 30 days, and post notice of the map location. The State Fire Marshal must prepare a model ordinance.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51179. (a) A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178. (b) (1) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area. (2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. (3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency. (c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Board of Forestry and Fire Protection within 30 days of adoption. (d) Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal. (e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones. (f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section. (g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map. (Amended by Stats. 2022, Ch. 574, Sec. 10. (AB 211) Effective September 27, 2022.)
  42. 51180.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

    Verify source ↗

    Vegetation removal or management for fire prevention or suppression is not treated as changing the natural condition of public property.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51180. For the purposes of Division 3.6 (commencing with Section 810) of Title 1, vegetation removal or management, undertaken in whole or in part, for fire prevention or suppression purposes shall not be deemed to alter the natural condition of public property. This section shall apply only to natural conditions of public property and shall not limit any liability or immunity that may otherwise exist pursuant to this chapter. (Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.)
  43. 51181.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

    Verify source ↗

    The State Fire Marshal must periodically review very high fire hazard severity zones and make recommendations when necessary.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51181. The State Fire Marshal shall periodically review the areas in the state identified as very high fire hazard severity zones pursuant to this chapter, and as necessary, shall make recommendations relative to very high fire hazard severity zones. This review shall coincide with the review of state responsibility area lands every five years and, when possible, fall within the time frames for each county’s general plan update. Any revision of areas included in a very high fire hazard severity zone shall be made in accordance with Sections 51178 and 51179. (Amended by Stats. 2021, Ch. 225, Sec. 7. (AB 9) Effective January 1, 2022.)
  44. 51182.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

    Verify source ↗

    This section requires people who own, lease, control, operate, or maintain occupied dwellings or structures in very high fire hazard severity zones to keep defensible space and other fire-safety conditions, and it gives the State Board of Forestry and Fire Protection rulemaking and guidance duties.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51182. (a) The State Board of Forestry and Fire Protection shall adopt regulations to implement the rules described in this subdivision. Pursuant to these regulations, a person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied structure within a very high fire hazard severity zone designated by the local agency pursuant to Section 51179, shall at all times do all of the following: (1) (A) Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line except as provided in subparagraph (B). The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained and spaced in a condition so that a wildfire would be unlikely to ignite the structure. This subparagraph does not apply to single specimens of trees or other vegetation that are well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being used between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by the State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. The regulations may also alter the fuel reduction required between 5 and 30 feet to integrate the ember-resistant zone into the requirements of this section. Consistent with fuels management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds. (B) A greater distance than that required under subparagraph (A) may be required by state law, local ordinance, rule, or regulation. Fuel modification beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain 100 feet of defensible space from a structure. Fuel modification on adjacent property shall only be conducted following written consent by the adjacent landowner. Any local ordinance related to fuel modification shall be in compliance with all applicable state laws, regulations, and policies. Any local ordinance may include provisions to allocate costs for any fuel modification beyond the property line. (C) An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under subparagraph (A) if a fire expert, designated by the fire chief or fire official from the authority having jurisdiction, provides findings that the fuel modification is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure. The greater distance may not be beyond the property line unless allowed by state law, local ordinance, rule, or regulation. (2) Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe. (3) Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood. (4) Maintain the roof of a structure free of leaves, needles, or other vegetative materials. (5) Before constructing a new dwelling or structure that will be occupied or rebuilding an occupied dwelling or occupied structure damaged by a fire in that zone, the construction or rebuilding of which requires a building permit, the owner shall obtain a certification from the local building official that the dwelling or structure, as proposed to be built, complies with all applicable state and local building standards, including those described in subdivision (b) of Section 51189, and shall provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage for the building or structure. Upon completion of the construction or rebuilding, the owner shall obtain from the local building official a copy of the final inspection report that demonstrates that the dwelling or structure was constructed in compliance with all applicable state and local building standards, including those described in subdivision (b) of Section 51189, and shall provide a copy of the report, upon request, to the property insurance carrier that insures the dwelling or structure. (b) A person is not required under this section to manage fuels on land if that person does not have the legal right to manage fuels, nor is a person required to enter upon or to alter property that is owned by any other person without the consent of the owner of the property. (c) (1) The State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, shall develop, periodically update, and post on its internet website a guidance document on fuels management pursuant to this chapter. The guidance document shall include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species that are fire resistant or drought tolerant, or both, minimize erosion, minimize the spread of flammable nonnative grasses and weeds, minimize water consumption, and permit trees and shrubs near homes for shade, aesthetics, and habitat; and suggestions to minimize or eliminate the risk of flammability of nonvegetative sources of combustion such as woodpiles, propane tanks, decks, and outdoor lawn furniture. (2) No later than one year after the State Board of Forestry and Fire Protection adopts regulations in compliance with the deadline in Executive Order No. N-18-25, the State Board of Forestry and Fire Protection shall, in consultation with the Office of the State Fire Marshal, update the guidance document to reflect the new regulations. (d) Existing and new structures shall meet the same standard for the ember-resistant zone, but the regulations adopted by the State Board of Forestry and Fire Protection pursuant to this section shall allow the staging of work for existing structures to support implementation of the ember-resistant zone and address the costs of compliance. (e) For purposes of this section, a structure for the purpose of an ember-resistant zone shall include any attached deck. This section does not limit the authority of the State Board of Forestry and Fire Protection or the Office of the State Fire Marshal to require the removal of fuel or vegetation on top of or underneath a deck pursuant to this section. (f) (1) A local agency responsible for fire protection may designate, by ordinance, defensible space requirements based on regulations promulgated by the State Board of Forestry and Fire Protection pursuant to subdivision (a). In developing the ordinance, a local agency may, in order to meet the intent of the State Board of Forestry and Fire Protection regulations, consider local variations in local fire hazards, geography, development, and other conditions and authorize alternative practices to those in the State Board of Forestry and Fire Protection regulations, if the alternative practices provide for substantially similar practical effects as those stated in the State Board of Forestry and Fire Protection regulations. This subdivision does not preclude a local agency from adopting an ordinance designating defensible space requirements that are more stringent than the regulations adopted by the State Board of Forestry and Fire Protection pursuant to subdivision (a). (2) For purposes of Sections 51185, 51186, 51187, and any other laws imposing penalties for violations of this section, or any other laws otherwise requiring compliance with this section, a property owner in compliance with the applicable alternative practices adopted by that property owner’s local agency in an ordinance described in paragraph (1) shall not be deemed to have violated this section. (3) For purposes of this subdivision, “property owner” means a person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied structure within a very high fire hazard severity zone designated by the local agency pursuant to Section 51179, as described in subdivision (a). (Amended by Stats. 2025, Ch. 731, Sec. 1. (AB 1455) Effective October 13, 2025.)
  45. 51182.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

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    The State Board of Forestry and Fire Protection must adopt regulations for defensible space requirements in ember-resistant zones, and may have to use emergency rulemaking if regular rulemaking would miss a December 31, 2025 deadline.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51182.4. (a) The State Board of Forestry and Fire Protection shall adopt regulations to implement defensible space requirements for an ember-resistant zone required within five feet of a structure in the state responsibility area pursuant to Section 4291 of the Public Resources Code and a very high fire hazard severity zone pursuant to Section 51182 of this code. (b) If adopting the regulations described in subdivision (a) through the regular rulemaking process pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 would inhibit compliance with the December 31, 2025, deadline in Executive Order No. N-18-25, the regulations shall instead be adopted as emergency regulations, in which case the adoption of initial regulations shall be deemed in response to an emergency and the Office of Administrative Law shall consider the adoption of initial regulations as necessary for the immediate preservation of the public peace, health, safety, and general welfare. (c) The State Board of Forestry and Fire Protection may readopt any emergency regulation authorized by this section that is the same as or substantially equivalent to an emergency regulation previously adopted pursuant to this section. (d) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, any emergency regulations adopted or readopted pursuant to this section shall remain in effect until revised by the State Board of Forestry and Fire Protection. (e) The adoption or readoption of the regulations described in this section shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (Added by Stats. 2025, Ch. 731, Sec. 2. (AB 1455) Effective October 13, 2025.)
  46. 51183.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

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    A local agency may exempt certain structures from Section 51182 standards and vary nearby fuel-management requirements, but only if the occupant or owner files written consent for interior inspection.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51183. (a) The local agency may exempt from the standards set forth in Section 51182 structures with exteriors constructed entirely of nonflammable materials, or conditioned upon the contents and composition of the structure, and may vary the requirements respecting the management of fuels surrounding the structures in those cases. This subdivision does not authorize a local agency to vary a requirement that is a building standard subject to Section 18930 of the Health and Safety Code, except as otherwise authorized by law. (b) An exemption or variance under subdivision (a) shall not apply unless and until the occupant of the structure, or if there is no occupant, then the owner of the structure, files with the local agency a written consent to the inspection of the interior and contents of the structure to ascertain whether Section 51182 is complied with at all times. (Amended by Stats. 2008, Ch. 366, Sec. 5. Effective January 1, 2009.)
  47. 51183.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

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    A transferor selling real property in a very high fire hazard severity zone must disclose that fact to the prospective transferee.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51183.5. (a) A transferor of real property that is located within a very high fire hazard severity zone, designated pursuant to this chapter, shall disclose to any prospective transferee the fact that the property is located within a very high fire hazard severity zone, and is subject to the requirements of Section 51182. (b) Disclosure is required pursuant to this section only when one of the following conditions is met: (1) The transferor, or the transferor’s agent, has actual knowledge that the property is within a very high fire hazard severity zone. (2) A map that includes the property has been provided to the local agency pursuant to Section 51178, and a notice is posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the local agency. (c) In all transactions that are subject to Section 1103 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means: (1) The Local Option Real Estate Disclosure Statement as provided in Section 1102.6a of the Civil Code. (2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code. (d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a very high fire hazard zone, the transferor shall mark “Yes” on the Natural Hazard Disclosure Statement. The transferor may mark “No” on the Natural Hazard Disclosure Statement if he or she attaches a report prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the transferor or the transferor’s agents to exercise reasonable care in making a determination under this subdivision. (e) Section 1103.13 of the Civil Code shall apply to this section. (f) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. (Amended by Stats. 1999, Ch. 876, Sec. 7. Effective January 1, 2000.)
  48. 51184.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

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    Section 51182 does not apply to certain protected or scenic land and water areas, and it does not bar properly authorized prescribed burning. If nearby improved land becomes subject to Section 51182, the occupied dwelling or structure owner/lessee/controller/operator/maintainer on that improved land must comply, and the required fire prevention measures apply only to the improved land.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51184. (a) Section 51182 shall not apply to any land or water area acquired or managed for one or more of the following purposes or uses: (1) Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government. (2) Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities. (3) Open space lands that are environmentally sensitive parklands. (4) Other lands having scenic values, as declared by the local agency, or by state or federal law. (b) This exemption applies whether the land or water area is held in fee title or any lesser interest. This exemption applies to any public agency, any private entity that has dedicated the land or water areas to one or more of those purposes or uses, or any combination of public agencies and private entities making that dedication. (c) This section shall not be construed to prohibit the use of properly authorized prescribed burning to improve the biological function of land or to assist in the restoration of desired vegetation. (d) In the event that any lands adjacent to any land or water area described in subdivision (a) are improved such that they are subject to Section 51182, the obligation to comply with Section 51182 shall be with the person owning, leasing, controlling, operating, or maintaining the occupied dwelling or occupied structure on the improved lands. All maintenance activities and other fire prevention measures required by Section 51182 shall be required only for the improved lands, not the land and water areas described in subdivision (a). (Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.)
  49. 51185.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

    Verify source ↗

    Violating Section 51182 is punishable by fines, and repeat violations within five years bring higher penalties.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51185. (a) A violation of Section 51182 is an infraction punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (b) If a person is convicted of a second violation of Section 51182 within five years, that person shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). (c) If a person is convicted of a third violation of Section 51182 within five years, that person is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500). (Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.)
  50. 51186.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

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    Local agencies must notify property owners to correct Section 51182 violations, may do the corrections themselves if the owner does not, and may place the correction expenses as a recorded lien. They must also make reasonable efforts to notify affected residents before penalties are imposed. Ember-resistant zone requirements apply to new structures only after updated regulations and guidance, and to existing structures three years later.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51186. (a) The local agency having jurisdiction of property upon which conditions regulated by Section 51182 are being violated shall notify the owner of the property to correct the conditions. If the owner fails to correct the conditions, the local agency may cause the corrections to be made, and the expenses incurred shall become a lien on the property that is the subject of the corrections when recorded in the county recorder’s office in the county in which the real property is located. The priority of the lien shall be as of the date of recording. The lien shall contain the legal description of the real property, the assessor’s parcel number, and the name of the owner of record as shown on the latest equalized assessment roll. (b) (1) Each local agency having jurisdiction of property upon which conditions that are regulated by Section 51182 apply shall make reasonable efforts to provide notice to affected residents within the jurisdiction of the local agency describing the requirements added by the amendments to paragraph (1) of subdivision (a) of Section 51182 made in Assembly Bill 3074 of the 2019–20 Regular Session before the imposition of penalties for violating those requirements. (2) (A) The requirement for an ember-resistant zone pursuant to Section 51182 shall not take effect for new structures until the State Board of Forestry and Fire Protection updates the regulations, pursuant to paragraph (1) of subdivision (a) of Section 51182, and the guidance document, pursuant to paragraph (2) of subdivision (c) of Section 51182. (B) The requirements for an ember-resistant zone pursuant to Section 51182 shall take effect for existing structures three years after the effective date for the new structures. (Amended by Stats. 2024, Ch. 982, Sec. 2. (SB 504) Effective January 1, 2025.)
  51. 51187.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

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    A violation of Section 51182 may be treated as a public nuisance under Section 38773.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51187. Any violation of Section 51182 may be considered a public nuisance pursuant to Section 38773. (Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.)
  52. 51188.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

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    If this chapter conflicts with a state law that lets a regional planning agency regulate very high fire hazard severity zones, this chapter controls.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51188. In the instance of conflict between this chapter and any provision of state law that allows a regional planning agency to regulate very high fire hazard severity zones, this chapter shall prevail. (Added by Stats. 1992, Ch. 1188, Sec. 1. Effective January 1, 1993.)
  53. 51189.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. )

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    This section directs state fire officials to recommend and develop fire-risk-reduction building measures and retrofits, and authorizes local agencies to use a defensible space program, recover abatement costs, and record an abatement lien if such a program is adopted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.8. Moderate, High, and Very High Fire Hazard Severity Zones [51175 - 51189] ( Heading of Chapter 6.8 amended by Stats. 2021, Ch. 375, Sec. 2. ) ## 51189. (a) The Legislature finds and declares that site and structure defensibility is essential to reduce the risk of structure ignition as well as for effective fire suppression by firefighters. This need to establish defensibility extends beyond the site fuel management practices required by this chapter, and includes, but is not limited to, measures that increase the likelihood of a structure withstanding ignition, such as building design and construction requirements that use fire resistant building materials, and standards for reducing fire risks on structure projections, including, but not limited to, porches, decks, balconies and eaves, and structure openings, including, but not limited to, attic, foundation, and eave vents, doors, and windows. (b) No later than January 31, 2020, the State Fire Marshal, in consultation with the director and the Director of Housing and Community Development, shall, pursuant to Section 18930 of the Health and Safety Code, recommend updated building standards that provide for comprehensive site and structure fire risk reduction to protect structures from fires spreading from adjacent structures or vegetation and to protect vegetation from fires spreading from adjacent structures, based on information learned from the 2017 wildfire season. (c) (1) No later than January 31, 2020, the State Fire Marshal, in consultation with the director and the Director of Housing and Community Development, shall develop a list of low-cost retrofits that provide for comprehensive site and structure fire risk reduction to protect structures from fires spreading from adjacent structures or vegetation and to protect vegetation from fires spreading from adjacent structures. The Department of Forestry and Fire Protection shall incorporate the list in its fire prevention education and outreach efforts. (2) In addition to the requirements of paragraph (1), the list shall include a guidance document, including regionally appropriate vegetation management suggestions that preserve and restore native plant species that are fire resistant or drought tolerant, or both. (d) (1) The Office of the State Fire Marshal shall develop a model defensible space program that shall be made available for use by a city, county, or city and county in the enforcement of the defensible space provisions of Section 51182 of this code and subdivision (a) of Section 4291 of the Public Resources Code. In the development of this program, the State Fire Marshal shall consult with representatives from local, state, and federal fire services, local government, building officials, utility companies, the building industry, insurers and insurance research organizations, and the environmental community. Components of the program shall include, but not be limited to, all of the following: (A) General guidelines for creating and maintaining defensible space around specified structures, including appropriate guidelines and definitions for vegetation management. (B) Provisions for fuel modification beyond the property line, including on unimproved lots, in order to maintain 100 feet of defensible space from a structure. (C) Suggested minimum qualifications needed for enforcement personnel. (D) Enforcement mechanisms for compliance with and maintenance of defensible space requirements, including, but not limited to, the following: (i) Site inspections. (ii) Procedures for notifying a property owner of a violation. (iii) Timelines for corrective action by a property owner and for reinspection. (iv) Citations requiring abatement of a violation and subsequent removal of a fire hazard within the defensible space boundaries. (v) Suggested administrative procedures that allow for appeal of the citation by the property owner. (2) If a defensible space program is adopted, the local agency for enforcement of this program may recover the actual cost of abatement and may cause a notice of abatement lien to be recorded in the county in which the real property is located. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement was ordered by the local agency and the date the abatement was completed, and include a description of the real property subject to the lien and the amount of the abatement cost. (3) The model defensible space program required pursuant to this subdivision shall be updated whenever the State Board of Forestry and Fire Protection substantially updates the guidance documents created pursuant to subdivision (c) of Section 51182 of this code and subdivision (e) of Section 4291 of the Public Resources Code. (4) In order to develop and implement this subdivision and support any required update of the guidance documents identified in subdivision (c) of Section 51182 of this code and subdivision (e) of Section 4291 of the Public Resources Code, the Office of the State Fire Marshal is authorized to expend funds from the Building Standards Administration Special Revolving Fund, upon an appropriation by the Legislature, pursuant to Section 18931.7 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 382, Sec. 5. (SB 63) Effective January 1, 2022.)
  54. 51190.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 1. Definitions [51190- 51190.] ( Article 1 added by Stats. 2011, Ch. 596, Sec. 8. )

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    This section defines key terms for solar-use easements and restricts how land covered by such an easement may be used.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 1. Definitions [51190- 51190.] ( Article 1 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51190. As used in this chapter, the following terms have the following meanings: (a) “City” means any city or city and county. (b) “Landowner” includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction. (c) “Solar-use easement” means any right or interest acquired by a county, or city in perpetuity, for a term of years, or annually self-renewing as provided in Section 51191.2, in a parcel or parcels determined by the Department of Conservation pursuant to Section 51191 to be eligible, where the deed or other instrument granting the right or interest imposes restrictions that, through limitation of future use, will effectively restrict the use of the land to photovoltaic solar facilities for the purpose of providing for the collection and distribution of solar energy for the generation of electricity, and any other incidental or subordinate agricultural, open-space uses, or other alternative renewable energy facilities. A solar-use easement shall not permit any land located in the easement to be used for any other use allowed in commercial, industrial, or residential zones. A solar-use easement shall contain a covenant with the county, or city running with the land, either in perpetuity or for a term of years, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that those reservations would not be inconsistent with the purposes of this chapter and which would not be incompatible with the sole use of the property for solar photovoltaic facilities. (Added by Stats. 2011, Ch. 596, Sec. 8. (SB 618) Effective January 1, 2012.)
  55. 51191.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. )

    Verify source ↗

    The Department of Conservation may decide whether land qualifies for a solar-use easement, and local governments and landowners must provide and implement required information and management plans.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51191. (a) For purposes of this chapter, and for purposes of Chapter 7 (commencing with Section 51200), the Department of Conservation, in consultation with the Department of Food and Agriculture, upon a request from a city or county, may determine, based on substantial evidence, that a parcel or parcels is eligible for rescission under Section 51255.1 for placement into a solar-use easement if the following criteria are met: (1) The land meets either of the following: (A) The land consists predominately of soils with significantly reduced agricultural productivity for agricultural activities due to chemical or physical limitations, topography, drainage, flooding, adverse soil conditions, or other physical reasons. (B) The land has severely adverse soil conditions that are detrimental to continued agricultural activities and production. Severely adverse soil conditions may include, but are not limited to, contamination by salts or selenium, or other naturally occurring contaminants. (2) The parcel or parcels are not located on lands designated as prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Natural Resources Agency, unless the Department of Conservation, in consultation with the Department of Food and Agriculture, determines that a parcel or parcels are eligible to be placed in a solar-use easement based on the information provided in subdivision (b) that demonstrates that circumstances exist that limit the use of the parcel for agricultural activities. For purposes of this section, the important farmland designations shall not be changed solely due to irrigation status. (b) To assist in the determination described in this section, the city or county shall require the landowner to provide to the Department of Conservation the following information to the extent applicable: (1) A written narrative demonstrating that even under the best currently available management practices, continued agricultural practices would be substantially limited due to the soil’s reduced agricultural productivity from chemical or physical limitations. (2) A recent soil test demonstrating that the characteristics of the soil significantly reduce its agricultural productivity. (3) An analysis of water availability demonstrating the insufficiency of water supplies for continued agricultural production. (4) An analysis of water quality demonstrating that continued agricultural production would, under the best currently available management practices, be significantly reduced. (5) Crop and yield information for the past six years. (c) The landowner shall provide the Department of Conservation with a proposed management plan describing how the soil will be managed during the life of the easement, how impacts to adjacent agricultural operations will be minimized, how the land will be restored to its previous general condition, as it existed at the time of project approval, upon the termination of the easement. If the Department of Conservation determines, in consultation with the Department of Food and Agriculture, pursuant to subdivision (a), that lands are subject to this section, the city or county shall require implementation of the management plan, which shall include any recommendations provided by the Department of Conservation, as part of any project approval. (d) A determination by the Department of Conservation pursuant to this section related to a project described in Section 21080 of the Public Resources Code shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code. (e) The Department of Conservation may establish a fee to be paid by the landowner to recover the estimated costs incurred by the department in participating in the consultation described in this section. (Amended by Stats. 2012, Ch. 330, Sec. 7. (SB 1090) Effective January 1, 2013.)
  56. 51191.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. )

    Verify source ↗

    A county or city may make an agreement with a landowner to use eligible land in a solar-use easement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51191.1. Any county or city may enter into an agreement with a landowner pursuant to Section 51255.1 to use lands determined to be eligible pursuant to Section 51191 in a solar-use easement in the manner provided in this chapter. (Added by Stats. 2011, Ch. 596, Sec. 8. (SB 618) Effective January 1, 2012.)
  57. 51191.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. )

    Verify source ↗

    A solar-use easement deed or similar instrument makes the land’s solar photovoltaic use public dedication, and the easement term must be at least 20 years unless the landowner asks for a shorter term, in which case it must be at least 10 years.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51191.2. The execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute a dedication to the public of the use of lands for solar photovoltaic use. Any term easement and covenant shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A solar-use easement for a term of years may provide that on the anniversary date of the acceptance of the solar-use easement, or on any other annual date as specified by the deed or other instrument described in subdivision (c) of Section 51190, a year shall be added automatically to the initial term unless a notice of nonrenewal is given as provided in Section 51192. (Added by Stats. 2011, Ch. 596, Sec. 8. (SB 618) Effective January 1, 2012.)
  58. 51191.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. )

    Verify source ↗

    A county or city may require solar-easement documents to include land-use restrictions, and for term or self-renewing easements the landowner must provide restoration security.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51191.3. (a) A county or city may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. (b) The restrictions, conditions, or covenants may include, but are not limited to, the following: (1) Mitigation measures on the land that is subject to the solar-use easement. (2) Mitigation measures beyond the land that is subject to the solar-use easement. (3) If deemed necessary by the city or county to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates. (4) Provision for necessary amendments by the parties provided that the amendments are consistent with the provisions of this chapter. (c) For term easements or self-renewing easements, the restrictions, conditions, or covenants shall include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished. The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this subdivision. (Amended by Stats. 2012, Ch. 330, Sec. 8. (SB 1090) Effective January 1, 2013.)
  59. 51191.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. )

    Verify source ↗

    A deed or other instrument covered by this section is not effective until the county or city governing body accepts or approves it by resolution and the acceptance is endorsed on the instrument.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51191.4. No deed or other instrument described in subdivision (c) of Section 51190 shall be effective until it has been accepted or approved by resolution of the governing body of the county or city and its acceptance endorsed thereon. (Added by Stats. 2011, Ch. 596, Sec. 8. (SB 618) Effective January 1, 2012.)
  60. 51191.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. )

    Verify source ↗

    The county or city must not approve land uses or issue building permits that would violate a solar-use easement, and it must seek injunctions against violating construction or activity.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51191.5. (a) During the term of the solar-use easement, the county or city shall not approve any land use on land covered by a solar easement that is inconsistent with the easement, and no building permit may be issued for any structure that would violate the easement. The county or city shall seek, by appropriate proceedings, an injunction against any threatened construction or other development or activity on the land that would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement. If the county or city fails to seek an injunction against any threatened construction or other development or activity on the land that would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, a person or entity may, by appropriate proceedings, seek an injunction. (b) The court may award to a plaintiff who prevails in an action authorized by this section his or her cost of litigation, including reasonable attorney’s fees. (c) Nothing in this chapter shall limit the power of the state or any county, city, school district, or any other local public district, agency, or entity, or any other person authorized by law, to acquire land subject to a solar-use easement by eminent domain. (Added by Stats. 2011, Ch. 596, Sec. 8. (SB 618) Effective January 1, 2012.)
  61. 51191.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. )

    Verify source ↗

    When a solar-use easement instrument is accepted or approved, the clerk must record it with the county recorder and file a copy with the county assessor.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51191.6. Upon the acceptance or approval of any instrument creating a solar-use easement, the clerk of the governing body shall record the instrument in the office of the county recorder and file a copy with the county assessor. After the easement is recorded, it shall impart notice to all persons under the recording laws of this state. (Added by Stats. 2011, Ch. 596, Sec. 8. (SB 618) Effective January 1, 2012.)
  62. 51191.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. )

    Verify source ↗

    Land covered by a solar-use easement must be assessed under Revenue and Taxation Code Section 402.1 while the easement lasts.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51191.7. The parcel or parcels subject to a solar-use easement shall be assessed pursuant to Section 402.1 of the Revenue and Taxation Code during the term of the easement. (Added by Stats. 2011, Ch. 596, Sec. 8. (SB 618) Effective January 1, 2012.)
  63. 51191.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. )

    Verify source ↗

    The Department of Conservation may adopt regulations to implement this chapter, following the Administrative Procedure Act.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 2. General Provisions [51191 - 51191.8] ( Article 2 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51191.8. The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) for the implementation of this chapter. (Added by Stats. 2011, Ch. 596, Sec. 8. (SB 618) Effective January 1, 2012.)
  64. 51192.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 3. Extinguishment of a Solar-Use Easement [51192 - 51192.2] ( Article 3 added by Stats. 2011, Ch. 596, Sec. 8. )

    Verify source ↗

    A solar-use easement can be ended only by nonrenewal, termination, or returning the land to its previous contract. If a landowner, county, or city wants nonrenewal, written notice must be served at least 90 days before the annual renewal date.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 3. Extinguishment of a Solar-Use Easement [51192 - 51192.2] ( Article 3 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51192. (a) A solar-use easement may be extinguished on all or a portion of the parcel only by nonrenewal, termination, or by returning the land to its previous contract pursuant to Article 3 (commencing with Section 51240) of Chapter 7. (b) (1) If either the landowner or the county or city desires in any year not to renew the solar-use easement on all or a portion of the parcel, that party shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the solar-use easement. Unless written notice is served at least 90 days in advance of the renewal date, the solar-use easement shall be considered renewed as provided in Section 51191.2. (2) Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. (c) If the county, city, or the landowner serves notice of intent in any year not to renew the solar-use easement, the existing solar-use easement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the solar-use easement, as the case may be. (Added by Stats. 2011, Ch. 596, Sec. 8. (SB 618) Effective January 1, 2012.)
  65. 51192.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 3. Extinguishment of a Solar-Use Easement [51192 - 51192.2] ( Article 3 added by Stats. 2011, Ch. 596, Sec. 8. )

    Verify source ↗

    If a solar-use easement ends because of nonrenewal notice by the landowner or termination, the landowner must restore the land to its pre-approval condition.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 3. Extinguishment of a Solar-Use Easement [51192 - 51192.2] ( Article 3 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51192.1. In the case of a solar-use easement that is extinguished because of a notice of nonrenewal by the landowner or due to termination, the landowner shall restore the land that is subject to the easement to the conditions that existed before the approval of the easement by the time the easement is extinguished. (Amended by Stats. 2012, Ch. 330, Sec. 9. (SB 1090) Effective January 1, 2013.)
  66. 51192.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 3. Extinguishment of a Solar-Use Easement [51192 - 51192.2] ( Article 3 added by Stats. 2011, Ch. 596, Sec. 8. )

    Verify source ↗

    A landowner may ask the county or city to terminate a solar-use easement if the land will no longer be used for the easement’s purpose, and a county assessor must determine the valuation before tentative approval.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.9. Solar-Use Easement [51190 - 51192.2] ( Chapter 6.9 added by Stats. 2011, Ch. 596, Sec. 8. ) ## ARTICLE 3. Extinguishment of a Solar-Use Easement [51192 - 51192.2] ( Article 3 added by Stats. 2011, Ch. 596, Sec. 8. ) ## 51192.2. (a) If all or a portion of the parcel held in a solar-use easement will no longer be used for the purposes outlined in the easement the landowner may petition the county or city to approve termination of the easement. (b) Prior to any action by the county or city giving tentative approval to the termination of any easement, the county assessor of the county in which the land is located shall determine the current fair market value of the parcel or parcels to be terminated as though the parcel or parcels were free of the easement restriction. The assessor shall certify to the county or city the termination valuation of the parcel or parcels for the purpose of determining the termination fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the parcel or parcels as though the parcel or parcels were free of the easement restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon completion of all actions relating to valuation or termination of the easement on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor. (c) Prior to giving tentative approval to the termination of any easement, the county or city shall determine and certify to the county auditor the amount of the termination fee that the landowner shall pay the county treasurer upon termination. That fee shall be an amount equal to 121/2 percent of the termination valuation of the property. (d) If it finds that it is in the public interest to do so, the county or city may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the parcel or parcels and the parcel or parcels economic return to the landowner for a period of time not to exceed the unexpired period of the easement, had it not been terminated, if both of the following occur: (1) The termination is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner. (2) The waiver or extension of time is approved by the Secretary of the Natural Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the county or city is consistent with the policies of this chapter and that the county or city complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the county or city, the evidence in the record of the county or city, and any other evidence the secretary may receive concerning the termination, waiver, or extension of time. (e) When termination fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (b) of Section 51203 or subdivision (d) of Section 51283. (f) It is the intent of the Legislature that fees paid to terminate a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property. (Amended by Stats. 2012, Ch. 330, Sec. 10. (SB 1090) Effective January 1, 2013.)
  67. 512.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The distance from the county seat of Glenn County to Sacramento is 88 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 512. From the county seat of Glenn County to Sacramento it is eighty-eight (88) miles. (Enacted by Stats. 1943, Ch. 134.)
  68. 51200.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 1. General Provisions [51200 - 51207] ( Article 1 added by Stats. 1965, Ch. 1443. )

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    This chapter is named the California Land Conservation Act of 1965, also called the Williamson Act.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 1. General Provisions [51200 - 51207] ( Article 1 added by Stats. 1965, Ch. 1443. ) ## 51200. This chapter shall be known as the California Land Conservation Act of 1965 or as the Williamson Act. (Amended by Stats. 1967, Ch. 1371.)
  69. 51201.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 1. General Provisions [51200 - 51207] ( Article 1 added by Stats. 1965, Ch. 1443. )

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    This section defines key terms used in the chapter on agricultural land.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 1. General Provisions [51200 - 51207] ( Article 1 added by Stats. 1965, Ch. 1443. ) ## 51201. As used in this chapter, unless otherwise apparent from the context, the following terms have the following meanings: (a) “Agricultural commodity” means any and all plant and animal products produced in this state for commercial purposes, including, but not limited to, plant products used for producing biofuels, and industrial hemp cultivated in accordance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code. (b) “Agricultural use” means use of land, including but not limited to greenhouses, for the purpose of producing an agricultural commodity for commercial purposes. (c) “Prime agricultural land” means any of the following: (1) All land that qualifies for rating as class I or class II in the Natural Resource Conservation Service land use capability classifications. (2) Land which qualifies for rating 80 through 100 in the Storie Index Rating. (3) Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture. (4) Land planted with fruit- or nut-bearing trees, vines, bushes, or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre. (5) Land which has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars ($200) per acre for three of the previous five years. (d) “Agricultural preserve” means an area devoted to either agricultural use, as defined in subdivision (b), recreational use as defined in subdivision (n), or open-space use as defined in subdivision (o), or any combination of those uses and which is established in accordance with the provisions of this chapter. (e) “Compatible use” is any use determined by the county or city administering the preserve pursuant to Section 51231, 51238, or 51238.1 or by this act to be compatible with the agricultural, recreational, or open-space use of land within the preserve and subject to contract. “Compatible use” includes agricultural use, recreational use or open-space use unless the board or council finds after notice and hearing that the use is not compatible with the agricultural, recreational or open-space use to which the land is restricted by contract pursuant to this chapter. (f) “Board” means the board of supervisors of a county which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter. (g) “Council” means the city council of a city which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter. (h) Except where it is otherwise apparent from the context, “county” or “city” means the county or city having jurisdiction over the land. (i) A “scenic highway corridor” is an area adjacent to, and within view of, the right-of-way of: (1) An existing or proposed state scenic highway in the state scenic highway system established by the Legislature pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code and which has been officially designated by the Department of Transportation as an official state scenic highway; or (2) A county scenic highway established pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code, if each of the following conditions have been met: (A) The scenic highway is included in an adopted general plan of the county or city; and (B) The scenic highway corridor is included in an adopted specific plan of the county or city; and (C) Specific proposals for implementing the plan, including regulation of land use, have been approved by the Advisory Committee on a Master Plan for Scenic Highways, and the county or city highway has been officially designated by the Department of Transportation as an official county scenic highway. (j) A “wildlife habitat area” is a land or water area designated by a board or council, after consulting with and considering the recommendation of the Department of Fish and Game, as an area of importance for the protection or enhancement of the wildlife resources of the state. (k) A “saltpond” is an area which, for at least three consecutive years immediately prior to being placed within an agricultural preserve pursuant to this chapter, has been used for the solar evaporation of seawater in the course of salt production for commercial purposes. (l) A “managed wetland area” is an area, which may be an area diked off from the ocean or any bay, river or stream to which water is occasionally admitted, and which, for at least three consecutive years immediately prior to being placed within an agricultural preserve pursuant to this chapter, was used and maintained as a waterfowl hunting preserve or game refuge or for agricultural purposes. (m) A “submerged area” is any land determined by the board or council to be submerged or subject to tidal action and found by the board or council to be of great value to the state as open space. (n) “Recreational use” is the use of land in its agricultural or natural state by the public, with or without charge, for any of the following: walking, hiking, picnicking, camping, swimming, boating, fishing, hunting, or other outdoor games or sports for which facilities are provided for public participation. Any fee charged for the recreational use of land as defined in this subdivision shall be in a reasonable amount and shall not have the effect of unduly limiting its use by the public. Any ancillary structures necessary for a recreational use shall comply with the provisions of Section 51238.1. (o) “Open-space use” is the use or maintenance of land in a manner that preserves its natural characteristics, beauty, or openness for the benefit and enjoyment of the public, to provide habitat for wildlife, or for the solar evaporation of seawater in the course of salt production for commercial purposes, if the land is within: (1) A scenic highway corridor, as defined in subdivision (i). (2) A wildlife habitat area, as defined in subdivision (j). (3) A saltpond, as defined in subdivision (k). (4) A managed wetland area, as defined in subdivision (l). (5) A submerged area, as defined in subdivision (m). (6) An area enrolled in the United States Department of Agriculture Conservation Reserve Program or Conservation Reserve Enhancement Program. (p) “Development” means, as used in Section 51223, the construction of buildings or the use of the restricted property if the buildings or use are unrelated to the agricultural use, the open-space use, or uses compatible with either agricultural or open-space uses of the property, or substantially impair the agricultural, open-space, or a combination of the agricultural and open-space uses of the property. Agricultural use, open-space use, uses compatible with either agricultural or open-space uses, or the acquisition of land or an interest in land are not development. (Amended by Stats. 2019, Ch. 273, Sec. 1. (SB 527) Effective January 1, 2020.)
  70. 51205.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 1. General Provisions [51200 - 51207] ( Article 1 added by Stats. 1965, Ch. 1443. )

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    Certain recreational and environmental lands may be included in an agricultural preserve, and the city or county may contract with the owner to keep the land in recreational or open space use.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 1. General Provisions [51200 - 51207] ( Article 1 added by Stats. 1965, Ch. 1443. ) ## 51205. Notwithstanding any provisions of this chapter to the contrary, land devoted to recreational use or land within a scenic highway corridor, a wildlife habitat area, a saltpond, a managed wetland area, or a submerged area may be included within an agricultural preserve pursuant to this chapter. When such land is included within an agricultural preserve, the city or county within which it is situated may contract with the owner for the purpose of restricting the land to recreational or open space use and uses compatible therewith in the same manner as provided in this chapter for land devoted to agricultural use. For purposes of this section, where the term “agricultural land” is used in this chapter, it shall be deemed to include land devoted to recreational use and land within a scenic highway corridor, a wildlife habitat area, a saltpond, a managed wetland area, or a submerged area, and where the term “agricultural use” is used in this chapter, it shall be deemed to include recreational and open space use. (Amended by Stats. 1970, Ch. 1281.)
  71. 51205.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 1. General Provisions [51200 - 51207] ( Article 1 added by Stats. 1965, Ch. 1443. )

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    If an owner requests it, land in a scenic highway corridor must be included in an agricultural preserve, and the city or county must contract with the owner to restrict the land to specified agricultural or related uses.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 1. General Provisions [51200 - 51207] ( Article 1 added by Stats. 1965, Ch. 1443. ) ## 51205.1. Notwithstanding any provisions of this chapter to the contrary, land within a scenic highway corridor, as defined in subdivision (i) of Section 51201, shall, upon the request of the owner, be included in an agricultural preserve pursuant to this chapter. When such land is included within an agricultural preserve, the city or county within which it is situated shall contract with the owner for the purpose of restricting the land to agricultural use as defined in subdivision (b), recreational use as defined in subdivision (n), open-space use as defined in subdivision (o), compatible use as defined in subdivision (e), or any combination of such uses. (Added by Stats. 1978, Ch. 1120.)
  72. 51206.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 1. General Provisions [51200 - 51207] ( Article 1 added by Stats. 1965, Ch. 1443. )

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    The Department of Conservation may meet with and assist people and agencies, and may research, publish, and share information about this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 1. General Provisions [51200 - 51207] ( Article 1 added by Stats. 1965, Ch. 1443. ) ## 51206. The Department of Conservation may meet with and assist local, regional, state, and federal agencies, organizations, landowners, or any other person or entity in the interpretation of this chapter. The department may research, publish, and disseminate information regarding the policies, purposes, procedures, administration, and implementation of this chapter. This section shall be liberally construed to permit the department to advise any interested person or entity regarding this chapter. (Added by Stats. 1986, Ch. 607, Sec. 1.)
  73. 51207.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 1. General Provisions [51200 - 51207] ( Article 1 added by Stats. 1965, Ch. 1443. )

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    The Department of Conservation must post specified Williamson Act information on its website by May 1 every other year.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 1. General Provisions [51200 - 51207] ( Article 1 added by Stats. 1965, Ch. 1443. ) ## 51207. (a) On or before May 1 of every other year, the Department of Conservation shall post on its internet website the following information: (b) The information shall contain the number of acres of land under contract and the number of acres of land which were removed from contract through cancellation, eminent domain, or annexation. (c) The information shall also contain the following specific information relating to cities and counties participating in the Williamson Act program: (1) The number of tentative certificates of cancellation that were mailed to the Director of Conservation pursuant to Section 51284 which were approved by boards or councils during the prior two years or for which final certificates of cancellation are pending approval by boards or councils. (2) The amount of cancellation fees payable to the county treasurer and which are required to be transmitted to the Controller pursuant to subdivision (d) of Section 51283 which have not been collected or which remain unpaid. (3) The total number of acres covered by certificates of cancellation of contracts during the previous two years. (Amended by Stats. 2021, Ch. 644, Sec. 2. (SB 574) Effective January 1, 2022.)
  74. 51220.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2. Declaration [51220 - 51223] ( Article 2 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    The Legislature states reasons for preserving agricultural land and limiting its premature conversion to urban uses.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2. Declaration [51220 - 51223] ( Article 2 added by Stats. 1965, Ch. 1443. ) ## 51220. The Legislature finds: (a) That the preservation of a maximum amount of the limited supply of agricultural land is necessary to the conservation of the state’s economic resources, and is necessary not only to the maintenance of the agricultural economy of the state, but also for the assurance of adequate, healthful and nutritious food for future residents of this state and nation. (b) That the agricultural work force is vital to sustaining agricultural productivity; that this work force has the lowest average income of any occupational group in this state; that there exists a need to house this work force of crisis proportions which requires including among agricultural uses the housing of agricultural laborers; and that such use of agricultural land is in the public interest and in conformity with the state’s Farmworker Housing Assistance Plan. (c) That the discouragement of premature and unnecessary conversion of agricultural land to urban uses is a matter of public interest and will be of benefit to urban dwellers themselves in that it will discourage discontiguous urban development patterns which unnecessarily increase the costs of community services to community residents. (d) That in a rapidly urbanizing society agricultural lands have a definite public value as open space, and the preservation in agricultural production of such lands, the use of which may be limited under the provisions of this chapter, constitutes an important physical, social, esthetic and economic asset to existing or pending urban or metropolitan developments. (e) That land within a scenic highway corridor or wildlife habitat area as defined in this chapter has a value to the state because of its scenic beauty and its location adjacent to or within view of a state scenic highway or because it is of great importance as habitat for wildlife and contributes to the preservation or enhancement thereof. (f) For these reasons, this chapter is necessary for the promotion of the general welfare and the protection of the public interest in agricultural land. (Amended by Stats. 1980, Ch. 1219.)
  75. 51220.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2. Declaration [51220 - 51223] ( Article 2 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    Cities and counties must decide which land uses count as compatible uses, taking into account that added permanent or temporary population can hinder agricultural operations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2. Declaration [51220 - 51223] ( Article 2 added by Stats. 1965, Ch. 1443. ) ## 51220.5. The Legislature finds and declares that agricultural operations are often hindered or impaired by uses which increase the density of the permanent or temporary human population of the agricultural area. For this reason, cities and counties shall determine the types of uses to be deemed “compatible uses” in a manner which recognizes that a permanent or temporary population increase often hinders or impairs agricultural operations. (Added by Stats. 1986, Ch. 607, Sec. 3.)
  76. 51221.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2. Declaration [51220 - 51223] ( Article 2 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    The Legislature states that spending public funds under this chapter is in the public interest and needed to carry out the chapter’s purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2. Declaration [51220 - 51223] ( Article 2 added by Stats. 1965, Ch. 1443. ) ## 51221. The Legislature further declares that the expenditure of public funds under the provisions of this chapter is in the public interest and is necessary to the accomplishment of the purposes herein set forth. (Added by Stats. 1965, Ch. 1443.)
  77. 51222.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2. Declaration [51220 - 51223] ( Article 2 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    The section declares it is in the public interest for local officials and landowners to keep certain contracted agricultural lands in parcels large enough for permitted agricultural use.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2. Declaration [51220 - 51223] ( Article 2 added by Stats. 1965, Ch. 1443. ) ## 51222. The Legislature further declares that it is in the public interest for local officials and landowners to retain agricultural lands which are subject to contracts entered into pursuant to this act in parcels large enough to sustain agricultural uses permitted under the contracts. For purposes of this section, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is (1) at least 10 acres in size in the case of prime agricultural land, or (2) at least 40 acres in size in the case of land which is not prime agricultural land. (Amended by Stats. 1990, Ch. 841, Sec. 3.)
  78. 51223.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2. Declaration [51220 - 51223] ( Article 2 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    Before rescinding or replacing certain open-space land contracts, the city council or board of supervisors must decide the land is large enough to provide open-space benefits. The provision also limits new development under the resulting contract or easement agreement, with exceptions for compatible or related uses.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2. Declaration [51220 - 51223] ( Article 2 added by Stats. 1965, Ch. 1443. ) ## 51223. (a) A city council or board of supervisors, as the case may be, shall, prior to rescinding a contract for the purpose of restricting the same land by an open-space contract pursuant to Section 51254 or by entering to an open-space agreement pursuant to Section 51255, determine that the parcel or parcels are large enough to provide open-space benefits, by providing habitat for wildlife, or preserving its natural characteristics, beauty, or openness for the benefit and enjoyment of the public. (b) Uses or development permitted on land subject to an open-space contract, or subject to an open-space easement agreement pursuant to Section 51255, shall satisfy one or both of the following: (1) Comply with the provisions of Section 51238.1 or 51238.2. (2) Consist of, cause, facilitate, or benefit one or more open-space uses on the land. (c) If an open-space contract is executed pursuant to Section 51205, or if a contract is rescinded for the purpose of restricting the same land by an open-space contract pursuant to Section 51254, or an open-space easement agreement pursuant to Section 51255, either of the following shall apply: (1) The resulting open-space contract shall not permit new development during the period the contract is in effect, except that uses compatible with or related to the open-space uses would be permitted. (2) The resulting open-space easement agreement shall not permit new development during the time equal to the time remaining on the contract at the time of its rescission, except that uses compatible with, or related to, the open-space uses would be permitted. (d) For the purposes of this section, agriculture and uses compatible with agriculture are compatible with open-space uses, unless otherwise provided by local rules or ordinances. (e) A board or council shall not accept or approve a petition for rescission pursuant to Sections 51254 or 51255 if the city or county, within which the land for which the rescission is sought is located, has discovered or received notice of a likely material breach on the land pursuant to the process specified in Section 51250, unless the rescission is a part of the process specified in Section 51250. (Added by Stats. 2008, Ch. 503, Sec. 2. Effective January 1, 2009.)
  79. 51230.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    Counties or cities with a general plan may establish agricultural preserves, subject to a public hearing and size rules.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51230. Beginning January 1, 1971, any county or city having a general plan, and until December 31, 1970, any county or city, by resolution, and after a public hearing may establish an agricultural preserve. Notice of the hearing shall be published pursuant to Section 6061, and shall include a legal description, or the assessor’s parcel number, of the land which is proposed to be included within the preserve. The preserves shall be established for the purpose of defining the boundaries of those areas within which the city or county will be willing to enter into contracts pursuant to this act. An agricultural preserve shall consist of no less than 100 acres; provided, that in order to meet this requirement two or more parcels may be combined if they are contiguous or if they are in common ownership; and further provided, that in order to meet this requirement land zoned as timberland production pursuant to Chapter 6.7 (commencing with Section 51100) may be taken into account. A county or city may establish agricultural preserves of less than 100 acres if it finds that smaller preserves are necessary due to the unique characteristics of the agricultural enterprises in the area and that the establishment of preserves of less than 100 acres is consistent with the general plan of the county or city. An agricultural preserve may contain land other than agricultural land, but the use of any land within the preserve and not under contract shall within two years of the effective date of any contract on land within the preserve be restricted by zoning, including appropriate minimum parcel sizes that are at a minimum consistent with this chapter, in such a way as not to be incompatible with the agricultural use of the land, the use of which is limited by contract in accordance with this chapter. Failure on the part of the board or council to restrict the use of land within a preserve but not subject to contract shall not be sufficient reason to cancel or otherwise invalidate a contract. (Amended by Stats. 1999, Ch. 1018, Sec. 3. Effective January 1, 2000.)
  80. 51230.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    Certain transfers of a portion of land in an agricultural preserve are allowed between immediate family members if specified size, zoning, coastal, income, improvement, and written-agreement conditions are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51230.1. (a) Nothing contained in this chapter shall prevent the transfer of ownership from one immediate family member to another of a portion of land which is currently designated as an agricultural preserve in accordance with the provisions of this chapter, if all of the following conditions are satisfied: (1) The parcel to be transferred is at least 10 acres in size in the case of prime agricultural land or at least 40 acres in size in the case of land which is not prime agricultural land, and otherwise meets the requirements of Section 51222. (2) The parcel to be transferred conforms to the applicable local zoning and land division ordinances and any applicable local coastal program certified pursuant to Chapter 6 (commencing with Section 30500) of Division 20 of the Public Resources Code. (3) The parcel to be transferred complies with all applicable requirements relating to agricultural income and permanent agricultural improvements which are imposed by the county or city as a condition of a contract executed pursuant to Article 3 (commencing with Section 51240) covering the land of which the parcel to be transferred is a portion. For purposes of this paragraph, if the contracted land already complies with these requirements, the portion of that land to be transferred shall be deemed to comply with these requirements. (4) There exists a written agreement between the immediate family members who are parties to the proposed transfer that the land which is subject to a contract executed pursuant to Article 3 (commencing with Section 51240) and the portion of that land which is to be transferred will be operated under the joint management of the parties subject to the terms and conditions and for the duration of the contract executed pursuant to Article 3 (commencing with Section 51240). (b) A transfer of ownership described in subdivision (a) shall have no effect on any contract executed pursuant to Article 3 (commencing with Section 51240) covering the land of which a portion was the subject of that transfer. The portion so transferred shall remain subject to that contract. (c) For purposes of this section, “immediate family” means the spouse of the landowner, the natural or adopted children of the landowner, the parents of the landowner, or the siblings of the landowner. (Amended by Stats. 1987, Ch. 232, Sec. 1.)
  81. 51230.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    A landowner may subdivide agricultural-preserve land for specified agricultural laborer housing uses if the listed conditions are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51230.2. (a) Except as provided in Section 51238, and notwithstanding Section 51222 or 66474.4, a landowner may subdivide land that is currently designated as an agricultural preserve if all of the following apply: (1) The parcel to be sold or leased is no more than five acres. (2) The parcel shall be sold or leased to a nonprofit organization, a city, a county, a housing authority, or a state agency. A lessee that is a nonprofit organization shall not sublease that parcel without the written consent of the landowner. (3) The parcel to be sold or leased shall be subject to a deed restriction that limits the use of the parcel to agricultural laborer housing facilities for not less than 30 years. That deed restriction shall also require that parcel to be merged with the parcel from which it was subdivided when the parcel ceases to be used for agricultural laborer housing. (4) There is a written agreement between the parties to the sale or lease and their successors to operate the parcel to be sold or leased under joint management of the parties, subject to the terms and conditions and for the duration of the contract executed pursuant to Article 3 (commencing with Section 51240). (5) The parcel to be sold or leased is (A) within a city or (B) in an unincorporated territory or sphere of influence that is contiguous to one or more parcels that are already zoned residential, commercial, or industrial and developed with existing residential, commercial, or industrial uses. (b) The agricultural labor housing project shall be designed to abate, to the extent practicable, impacts on adjacent landowners’ agricultural husbandry practices. The final plan for the housing shall include an addendum that explains what features will be included to meet this goal. (c) A subdivision of land pursuant to this section shall not affect any contract executed pursuant to Article 3 (commencing with Section 51240). The parcel to be sold or leased shall remain subject to that contract. (Added by Stats. 1999, Ch. 967, Sec. 1. Effective January 1, 2000.)
  82. 51231.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    The board or council must adopt rules for agricultural preserves and apply compatible-use rules uniformly; it may also charge a reasonable application fee and list compatible uses, including cannabis cultivation in some cases.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51231. (a) For the purposes of this chapter, the board or council, by resolution, shall adopt rules governing the administration of agricultural preserves, including procedures for initiating, filing, and processing requests to establish agricultural preserves. Rules related to compatible uses shall be consistent with the provisions of Section 51238.1. Those rules shall be applied uniformly throughout the preserve. The board or council may require the payment of a reasonable application fee. The same procedure that is required to establish an agricultural preserve shall be used to disestablish or to enlarge or diminish the size of an agricultural preserve. In adopting rules related to compatible uses, the board or council may enumerate those uses, including agricultural laborer housing, that are to be considered to be compatible uses on contracted lands separately from those uses that are to be considered to be compatible uses on lands not under contract within the agricultural preserve. (b) The rules adopted pursuant to this section may provide that commercial cultivation of cannabis in accordance with Division 10 (commencing with Section 26000) of the Business and Professions Code may constitute a compatible use on contracted or noncontracted lands. (Amended by Stats. 2019, Ch. 273, Sec. 2. (SB 527) Effective January 1, 2020.)
  83. 51232.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    If a proposal to disestablish or change an agricultural preserve would remove contracted land, the board or council must notify the landowner by certified mail, publish the notice, and send first-class mail notice to nearby contracted landowners within one mile of the boundary of the land to be removed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51232. In the event any proposal to disestablish or to alter the boundary of an agricultural preserve will remove land under contract from such a preserve, notice of the proposed alteration or disestablishment and the date of the hearing shall be furnished by the board or council to the owner of the land by certified mail directed to him at his latest address known to the board or council. Such notice shall also be published pursuant to Section 6061 and shall be furnished by first-class mail to each owner of land under contract, any portion of which is situated within one mile of the exterior boundary of the land to be removed from the preserve. (Amended by Stats. 1978, Ch. 1120.)
  84. 51233.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    A county proposing to establish, disestablish, or change an agricultural preserve boundary must give written notice at least two weeks before the hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51233. When a county proposes to establish, disestablish, or alter the boundary of an agricultural preserve it shall give written notice at least two weeks before the hearing to the local agency formation commission and to every city within the county within one mile of the exterior boundaries of the preserve. (Amended by Stats. 1978, Ch. 1120.)
  85. 51234.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    A proposal to establish an agricultural preserve must go to the county or city planning department, or to the planning commission if there is no planning department.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51234. Any proposal to establish an agricultural preserve shall be submitted to the planning department of the county or city having jurisdiction over the land. If the county or city has no planning department, a proposal to establish an agricultural preserve shall be submitted to the planning commission. Within 30 days after receiving such a proposal, the planning department or planning commission shall submit a report thereon to the board or council. However, the board or council may extend the time allowed for an additional period not to exceed 30 days. The report shall include a statement that the preserve is consistent with the general plan, and the board or council shall make a finding to that effect. Final action upon the establishment of an agricultural preserve may not be taken by the board or council until the report required by this section is received from the planning department or planning commission, or until the required 30 days have elapsed and any extension thereof granted by the board or council has elapsed. (Amended by Stats. 1999, Ch. 1018, Sec. 4. Effective January 1, 2000.)
  86. 51235.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    An agricultural preserve remains in effect after annexation, detachment, incorporation, or disincorporation, and any city or county that gains jurisdiction over preserve land gets the act’s city/county rights and responsibilities, including the ability to enlarge, diminish, or disestablish the preserve within its jurisdiction.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51235. An agricultural preserve shall continue in full effect following annexation, detachment, incorporation or disincorporation of land within the preserve. Any city or county acquiring jurisdiction over land in a preserve by annexation, detachment, incorporation or disincorporation shall have all the rights and responsibilities specified in this act for cities or counties including the right to enlarge, diminish or disestablish an agricultural preserve within its jurisdiction. (Amended by Stats. 1984, Ch. 523, Sec. 1. Effective July 17, 1984.)
  87. 51236.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    When a city or county removes land from an agricultural preserve, it must serve a notice of nonrenewal at least 60 days before the next renewal date, and the notice must be recorded under Section 51248.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51236. The effect of removal of land under contract from an agricultural preserve shall be the equivalent of notice of nonrenewal by the city or county removing the land from the agricultural preserve and such city or county shall, at least 60 days prior to the next renewal date following the removal, serve a notice of nonrenewal as provided in Section 51245. Such notice of nonrenewal shall be recorded as provided in Section 51248. (Added by Stats. 1969, Ch. 1372.)
  88. 51237.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    When an agricultural preserve is established and remains in effect, the city or county must file and keep current the preserve map and the establishing resolution with the county recorder.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51237. Whenever an agricultural preserve is established, and so long as it shall be in effect, a map of such agricultural preserve and the resolution under which the preserve was established shall be filed and kept current by the city or county with the county recorder. (Amended by Stats. 1971, Ch. 925.)
  89. 51237.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    Cities and counties with agricultural preserves must give the Department GIS data files each year by January 30.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51237.5. On or before January 30 of each year, each city or county in which any agricultural preserve is located shall provide the Department with geographical information system (GIS) data files of all agricultural preserves and Williamson Act contracted land in existence at the end of the preceding year. (Amended by Stats. 2021, Ch. 644, Sec. 3. (SB 574) Effective January 1, 2022.)
  90. 51238.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    Certain utility and agricultural laborer housing facilities are treated as compatible uses in an agricultural preserve unless the board or council decides otherwise after notice and hearing. The board of supervisors may also impose conditions on lands or land uses in preserves.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51238. (a) (1) Notwithstanding any determination of compatible uses by the county or city pursuant to this article, unless the board or council after notice and hearing makes a finding to the contrary, the erection, construction, alteration, or maintenance of gas, electric, water, communication, or agricultural laborer housing facilities are hereby determined to be compatible uses within any agricultural preserve. (2) No land occupied by gas, electric, water, communication, or agricultural laborer housing facilities shall be excluded from an agricultural preserve by reason of that use. (b) The board of supervisors may impose conditions on lands or land uses to be placed within preserves to permit and encourage compatible uses in conformity with Section 51238.1, particularly public outdoor recreational uses. (Amended by Stats. 1999, Ch. 967, Sec. 2. Effective January 1, 2000.)
  91. 51238.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    Approved uses on contracted agricultural lands must meet compatibility principles, and a board or council may allow certain conditional uses on nonprime land if permit findings and mitigation requirements are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51238.1. (a) Uses approved on contracted lands shall be consistent with all of the following principles of compatibility: (1) The use will not significantly compromise the long-term productive agricultural capability of the subject contracted parcel or parcels or on other contracted lands in agricultural preserves. (2) The use will not significantly displace or impair current or reasonably foreseeable agricultural operations on the subject contracted parcel or parcels or on other contracted lands in agricultural preserves. Uses that significantly displace agricultural operations on the subject contracted parcel or parcels may be deemed compatible if they relate directly to the production of commercial agricultural products on the subject contracted parcel or parcels or neighboring lands, including activities such as harvesting, processing, or shipping. (3) The use will not result in the significant removal of adjacent contracted land from agricultural or open-space use. In evaluating compatibility a board or council shall consider the impacts on noncontracted lands in the agricultural preserve or preserves. (b) A board or council may include in its compatible use rules or ordinance conditional uses which, without conditions or mitigations, would not be in compliance with this section. These conditional uses shall conform to the principles of compatibility set forth in subdivision (a) or, for nonprime lands only, satisfy the requirements of subdivision (c). (c) In applying the criteria pursuant to subdivision (a), the board or council may approve a use on nonprime land which, because of onsite or offsite impacts, would not be in compliance with paragraphs (1) and (2) of subdivision (a), provided the use is approved pursuant to a conditional use permit that shall set forth findings, based on substantial evidence in the record, demonstrating the following: (1) Conditions have been required for, or incorporated into, the use that mitigate or avoid those onsite and offsite impacts so as to make the use consistent with the principles set forth in paragraphs (1) and (2) of subdivision (a) to the greatest extent possible while maintaining the purpose of the use. (2) The productive capability of the subject land has been considered as well as the extent to which the use may displace or impair agricultural operations. (3) The use is consistent with the purposes of this chapter to preserve agricultural and open-space land or supports the continuation of agricultural uses, as defined in Section 51205, or the use or conservation of natural resources, on the subject parcel or on other parcels in the agricultural preserve. The use of mineral resources shall comply with Section 51238.2. (4) The use does not include a residential subdivision. For the purposes of this section, a board or council may define nonprime land as land not defined as “prime agricultural land” pursuant to subdivision (c) of Section 51201 or as land not classified as “agricultural land” pursuant to subdivision (a) of Section 21060.1 of the Public Resources Code. Nothing in this section shall be construed to overrule, rescind, or modify the requirements contained in Sections 51230 and 51238 related to noncontracted lands within agricultural preserves. (Added by Stats. 1994, Ch. 1251, Sec. 5. Effective January 1, 1995.)
  92. 51238.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    A board or council may approve mineral extraction as a compatible use on contracted land if it can document that the underlying land-preservation commitment will not be significantly impaired.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51238.2. Mineral extraction that is unable to meet the principles of Section 51238.1 may nevertheless be approved as compatible use if the board or council is able to document that (a) the underlying contractual commitment to preserve prime agricultural land, as defined in subdivision (c) of Section 51201, or (b) the underlying contractual commitment to preserve land that is not prime agricultural land for open-space use, as defined in subdivision (o) of Section 51201, will not be significantly impaired. Conditions imposed on mineral extraction as a compatible use of contracted land shall include compliance with the reclamation standards adopted by the Mining and Geology Board pursuant to Section 2773 of the Public Resources Code, including the applicable performance standards for prime agricultural land and other agricultural land, and no exception to these standards may be permitted. For purposes of this section, “contracted land” means all land under a single contract for which an applicant seeks a compatible use permit. (Amended by Stats. 2004, Ch. 118, Sec. 17. Effective January 1, 2005.)
  93. 51238.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    This section exempts certain pre-1994 compatible uses from the requirements of Sections 51238.1 and 51238.2, including some applications, existing land uses, and uses expressly specified in the contract.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51238.3. (a) The requirements of Sections 51238.1 and 51238.2 shall not apply to compatible uses for which an application was submitted to the city or county prior to June 7, 1994, provided that the use constituted a “compatible use” as that term was defined by this chapter either at the time the application was submitted, or at the time the Williamson Act contract was signed with respect to the subject contract lands, whichever is later. (b) Neither shall the requirements of Sections 51238.1 and 51238.2 apply to land uses of contracted lands in place prior to June 7, 1994, that constituted a “compatible use” as the term “compatible use” was defined by this chapter either at the time the use was initiated, or at the time the Williamson Act contract was signed with respect to the subject contract lands, whichever is later. (c) (1) Neither shall the requirements of Sections 51238.1 and 51238.2 apply to uses that are expressly specified within the contract itself prior to June 7, 1994, and that constituted a “compatible use” as the term “compatible use” was defined by this chapter at the time that Williamson Act contract was signed with respect to the subject contract lands, or at the time the contract was amended to include the uses, whichever is later. For purposes of this subdivision, the requirements of Sections 51238.1 and 51238.2, effective January 1, 1995, shall apply to contracts for which contract nonrenewal was initiated and was withdrawn after January 1, 1995. (2) For purposes of this chapter, a compatible use is considered to be expressly specified within the contract only if it is specifically enumerated within the four corners of the Williamson Act contract either without the benefit of referenced documents, or with respect to Williamson Act contracts signed on or before June 7, 1997, with the benefit of referenced documents as those documents existed at the time the Williamson Act contract was initially signed. This subdivision shall be narrowly construed to be consistent with the purposes of this chapter. (Amended by Stats. 2000, Ch. 889, Sec. 1. Effective January 1, 2001.)
  94. 51238.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    If a landowner allows free public recreation or authorized agricultural laborer housing on the land, certain local or public entities may indemnify the owner against claims. A free recreation agreement is not treated as an implied dedication.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51238.5. (a) If an owner of land agrees to permit the use of his or her land for free public recreation, the board or council may agree to indemnify the owner against all claims arising from that public use. The owner’s agreement that the land be used for free, public recreation shall not be construed as an implied dedication to that use. (b) If an owner of land agrees to permit the use of his or her land for agricultural laborer housing facilities authorized pursuant to Section 51238, the city, county, housing authority, state agency, or nonprofit organization may indemnify the owner against all claims arising from that use. (Amended by Stats. 1999, Ch. 967, Sec. 3. Effective January 1, 2000.)
  95. 51239.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. )

    Verify source ↗

    The board or council may appoint an advisory board, and the advisory board members must advise the board or council on agricultural preserve administration and related contracts.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 2.5. Agricultural Preserves [51230 - 51239] ( Article 2.5 added by Stats. 1969, Ch. 1372. ) ## 51239. The board or council may appoint an advisory board, the members of which shall serve at the pleasure of the board or council and may be paid their expenses. They shall advise the board or council on the administration of the agricultural preserves in the county or city and on any matters relating to contracts entered into pursuant to this chapter. (Added by Stats. 1969, Ch. 1372.)
  96. 51240.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    Any city or county may use a contract to limit agricultural land use to preserve the land.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51240. Any city or county may by contract limit the use of agricultural land for the purpose of preserving such land pursuant and subject to the conditions set forth in the contract and in this chapter. A contract may provide for restrictions, terms, and conditions, including payments and fees, more restrictive than or in addition to those required by this chapter. (Amended by Stats. 1969, Ch. 1372.)
  97. 51241.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    If a city or county makes a contract with one landowner, it must offer a similar contract to every other owner of agricultural land in the same agricultural preserve.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51241. If such a contract is made with any landowner, the city or county shall offer such a contract under similar terms to every other owner of agricultural land within the agricultural preserve in question. However, except as required by other provisions of this chapter, the provisions of this section shall not be construed as requiring that all contracts affecting land within a preserve be identical, so long as such differences as exist are related to differences in location and characteristics of the land and are pursuant to uniform rules adopted by the county or city. (Amended by Stats. 1969, Ch. 1372.)
  98. 51242.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    A city or county may not contract about land under this chapter unless the land is used for agriculture and is inside an agricultural preserve.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51242. No city or county may contract with respect to any land pursuant to this chapter unless the land: (a) Is devoted to agricultural use. (b) Is located within an area designated by a city or county as an agricultural preserve. (Amended by Stats. 1969, Ch. 1372.)
  99. 51243.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    Agricultural land contracts must exclude non-agricultural uses and bind successors; after a parcel division, each parcel owner may use the original contract rights, and after city annexation the city succeeds to the county’s contract rights unless Section 51243.5 applies.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51243. Every contract shall do both of the following: (a) Provide for the exclusion of uses other than agricultural, and other than those compatible with agricultural uses, for the duration of the contract. (b) Be binding upon, and inure to the benefit of, all successors in interest of the owner. Whenever land under a contract is divided, the owner of any parcel may exercise, independent of any other owner of a portion of the divided land, any of the rights of the owner in the original contract, including the right to give notice of nonrenewal and to petition for cancellation. The effect of any such action by the owner of a parcel created by the division of land under contract shall not be imputed to the owners of the remaining parcels and shall have no effect on the contract as it applies to the remaining parcels of the divided land. Except as provided in Section 51243.5, on and after the effective date of the annexation by a city of any land under contract with a county, the city shall succeed to all rights, duties, and powers of the county under the contract. (Amended by Stats. 1998, Ch. 690, Sec. 1.5. Effective January 1, 1999.)
  100. 51243.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    This section applies only to certain land near a city boundary and sets the process for a city to avoid succeeding to county contract rights after annexation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51243.5. (a) This section shall apply only to land that was within one mile of a city boundary when a contract was executed pursuant to this article and for which the contract was executed prior to January 1, 1991. (b) For any proposal that would result in the annexation to a city of any land that is subject to a contract under this chapter, the local agency formation commission shall determine whether the city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract. (c) In making the determination required by subdivision (b), pursuant to Section 51206, the local agency formation commission may request, and the Department of Conservation shall provide, advice and assistance in interpreting the requirements of this section. If the department has concerns about an action proposed to be taken by a local agency formation commission pursuant to this section or Section 51243.6, the department shall advise the commission of its concerns, whether or not the commission has requested it to do so. The commission shall address the department’s concerns in any hearing to consider the proposed annexation or a city’s determination whether to exercise its option not to succeed to a contract, and shall specifically find that substantial evidence exists to show that the city has the present option under this section to decline to succeed to the contract. (d) A city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract if both of the following had occurred prior to December 8, 1971: (1) The land being annexed was within one mile of the city’s boundary when the contract was executed. (2) The city had filed with the county board of supervisors a resolution protesting the execution of the contract. (e) A city may exercise its option to not succeed to the rights, duties, and powers of the county under the contract if each of the following had occurred prior to January 1, 1991: (1) The land being annexed was within one mile of the city’s boundary when the contract was executed. (2) The city had filed with the local agency formation commission a resolution protesting the execution of the contract. (3) The local agency formation commission had held a hearing to consider the city’s protest to the contract. (4) The local agency formation commission had found that the contract would be inconsistent with the publicly desirable future use and control of the land. (5) The local agency formation commission had approved the city’s protest. (f) It shall be conclusively presumed that no protest was filed by the city unless there is a record of the filing of the protest and the protest identifies the affected contract and the subject parcel. It shall be conclusively presumed that required notice was given before the execution of the contract. (g) The option of a city to not succeed to a contract shall extend only to that part of the land that was within one mile of the city’s boundary when the contract was executed. (h) If the city exercises its option to not succeed to a contract, then the city shall record a certificate of contract termination with the county recorder at the same time as the executive officer of the local agency formation commission files the certificate of completion pursuant to Section 57203. The certificate of contract termination shall include a legal description of the land for which the city terminates the contract. (Amended by Stats. 2002, Ch. 188, Sec. 1. Effective January 1, 2003.)
  101. 51243.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    This section states legislative findings about contracts under this article, including their role in preferential taxation and that a city’s option not to succeed to a contract belongs only to the city.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51243.6. The Legislature finds and declares the following: (a) The enforceability of contracts entered into pursuant to this article is necessary to permit the preferential taxation provided to the owners of land under contract, pursuant to Section 8 of Article XIII of the California Constitution. (b) The option granted to a city pursuant to Section 51243.5 to elect not to succeed to a contract may be held only by the city. (c) No contracting landowner has a reasonable expectation that a contract can be terminated immediately pursuant to this article without penalty. (Added by Stats. 2002, Ch. 188, Sec. 2. Effective January 1, 2003.)
  102. 51244.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

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    This section sets minimum contract terms for certain agricultural land contracts and requires automatic yearly renewal unless a nonrenewal notice is given.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51244. (a) Each contract shall be for an initial term of no less than 10 years. Each contract shall provide that on the anniversary date of the contract or such other annual date as specified by the contract a year shall be added automatically to the initial term unless notice of nonrenewal is given as provided in Section 51245. (b) (1) If the county makes a determination pursuant to subdivision (e) of Section 16142 or subdivision (d) of Section 16142.1, contracts shall be for a term of no less than 9 years for contracts currently 10 years in length or 18 years for contracts currently 20 years in length, as the case may be. For new contracts entered into during a year in which this subdivision is in effect, the initial contract length shall be either 9 or 18 years. Each contract shall provide, except in the initial year of the determination, that on the anniversary date of the contract or such other annual date as specified by the contract, a year shall be added automatically to the initial term unless notice of nonrenewal is given as provided in Section 51245. In any subsequent year during the reduced term of contract in which increased revenue is not realized by the county pursuant to Section 51244.3, 2 or 3 additional years shall be added to the contract on the next anniversary date, as necessary, to restore the contract to its full 10-year or 20-year contract length. (2) In any year in which this subdivision is implemented, the county shall record a notice that states the affected parcel number or numbers and current owner’s names, or, alternatively, the same information for those parcels that are not affected. (3) An addition to the assessed value shall be conveyed to the auditor, consistent with the 10-percent reduction in the length of the restriction, equal to 10 percent of the difference between the valuation pursuant to Section 423, 423.3, 423.4, or 423.5 of the Revenue and Taxation Code, as applicable, and the valuation under subdivision (b) of Section 51 or Section 110.1 of the Revenue and Taxation Code, whichever is lower. If the valuation under subdivision (b) of Section 51 or Section 110.1 of the Revenue and Taxation Code is lower, the addition to the assessed value shall be zero. The increased amount of tax revenue that results from the decrease in restriction shall be separately displayed on the taxpayer’s annual bill. (4) A landowner may elect to serve notice of nonrenewal instead of accepting a 9-year or 18-year contract, as the case may be. In that case, the additional assessed value shall not be added to the property as provided for in paragraph (3). For purposes of this subdivision, a landowner may serve notice of nonrenewal at any time. However, a landowner who withdraws that notice prior to the effective date shall be subject to term modification and additional assessed value. Once served and effective, a landowner nonrenewal notice may not be withdrawn except for cause and with the consent of the county. A county may adopt amendments to its uniform rules to facilitate implementation of this subdivision during the 2011–12 fiscal year, and thereafter as necessary. (5) In addition to any other notice requirements, a county shall provide a landowner under contract with timely written notice of all of the following: (A) Any initial hearing by the county on a proposal to adopt or rescind the implementation of this subdivision. (B) Any final decision regarding the adoption or rescission of implementation of this subdivision. (C) The landowner’s right to prevent the reduction in the term of his or her contract pursuant to this subdivision by serving notice of nonrenewal as specified by Section 51245. This notice may be combined with the county’s notice in subparagraph (B). (6) A county shall not modify or revalue a landowner’s contract pursuant to this subdivision unless the landowner is given at least 90 days’ notice of the opportunity to prevent the modification and revaluation by serving notice of nonrenewal and the landowner fails to serve notice of nonrenewal. The county may use the primary owner of record from the assessment roll to identify landowners entitled to receive notice under this subdivision. A landowner shall be advised of the landowner’s right to avoid continued imposition of this subdivision in any future year and thereafter by serving a notice of nonrenewal for that contract year. Failure of the landowner to serve timely notice of nonrenewal in any year shall be considered implied consent to the implementation of this subdivision for that year. The 90-day notice requirement may be reduced to 60 days if the county adopts a procedure to allow landowners to serve a notice of nonrenewal until February 1, 2012. (7) This subdivision shall not apply to any of the following: (A) Contracts that have been nonrenewed. (B) Contracts with cities. (C) Open-space or agricultural easements. (D) Scenic restrictions. (E) Wildlife habitat contracts. (F) Atypical term contracts, including, but not limited to, 20-year initial term contracts declining to 10 years, or reencumbrances pursuant to Section 51295, if the county’s board of supervisors determines the application of this subdivision to them would be inequitable or administratively infeasible. (Amended (as amended by Stats. 2011, Ch. 90, Sec. 5) by Stats. 2014, Ch. 322, Sec. 5. (SB 1353) Effective January 1, 2015.)
  103. 51244.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

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    This section applies to certain 9-year or 18-year contract properties, and any increased revenues from those properties must be allocated only to the counties where the properties are located, if the county makes the required determination.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51244.3. (a) This section shall apply to properties under a 9-year or 18-year contract, as the case may be, pursuant to subdivision (b) of Section 51244. Notwithstanding any other provision to the contrary, increased revenues generated by those properties shall be allocated exclusively to the respective counties in which those properties are located. (b) This section shall only apply if the county makes a determination pursuant to either Section 16142 or 16142.1. (Amended by Stats. 2014, Ch. 322, Sec. 7. (SB 1353) Effective January 1, 2015.)
  104. 51244.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

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    For contracts with an initial term over 10 years, the contract may allow automatic one-year extensions on specified annual dates, unless nonrenewal notice is given under Section 51245.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51244.5. Notwithstanding the provisions of Section 51244, if the initial term of the contract is for more than 10 years, the contract may provide that on the anniversary date of the contract or such other annual date as specified by the contract beginning with the anniversary date on which the contract will have an unexpired term of nine years, a year shall be added automatically to the initial term unless notice of nonrenewal is given as provided in Section 51245. (Amended by Stats. 1978, Ch. 1120.)
  105. 51245.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

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    This section requires written notice if the landowner or the city or county does not want to renew the contract, and it sets deadlines for that notice and for recording notice-related documents.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51245. If either the landowner or the city or county desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract upon the other party in advance of the annual renewal date of the contract. Unless such written notice is served by the landowner at least 90 days prior to the renewal date or by the city or county at least 60 days prior to the renewal date, the contract shall be considered renewed as provided in Section 51244 or Section 51244.5. Upon receipt by the owner of a notice from the county or city of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county or city may, at any time prior to the renewal date, withdraw the notice of nonrenewal. Upon request by the owner, the board or council may authorize the owner to serve a notice of nonrenewal on a portion of the land under a contract. No later than 20 days after a city or county receives a notice of nonrenewal from a landowner, serves a notice of nonrenewal upon a landowner, or withdraws a notice of nonrenewal, the clerk of the board or council, as the case may be, shall record with the county recorder a copy of the notice of nonrenewal or notice of withdrawal of nonrenewal. (Amended by Stats. 2021, Ch. 644, Sec. 4. (SB 574) Effective January 1, 2022.)
  106. 51246.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

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    Cities and counties may not enter into or renew certain timberland production contracts after February 28, 1977, and must give notice of intent not to renew.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51246. (a) If the county or city or the landowner serves notice of intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be. (b) No city or county shall enter into a new contract or shall renew an existing contract on or after February 28, 1977, with respect to timberland zoned as timberland production. The city or county shall serve notice of its intent not to renew the contract as provided in this section. (c) In order to meet the minimum acreage requirement of an agricultural preserve pursuant to Section 51230, land formerly within the agricultural preserve which is zoned as timberland production pursuant to Chapter 6.7 (commencing with Section 51100) may be taken into account. (d) Notwithstanding any other provision of law, commencing with the lien date for the 1977–78 fiscal year all timberland within an existing contract which has been nonrenewed as mandated by this section shall be valued according to Section 423.5 of the Revenue and Taxation Code, succeeding to and including the lien date for the 1981–82 fiscal year. Commencing with the lien date for the 1982–83 fiscal year and on each lien date thereafter, such timberland shall be valued according to Section 434.5 of the Revenue and Taxation Code. (Amended by Stats. 2021, Ch. 644, Sec. 5. (SB 574) Effective January 1, 2022.)
  107. 51247.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

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    The landowner must give the city or county any information it requires to determine whether the land is eligible.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51247. The landowner shall furnish the city or county with such information as the city or county shall require in order to enable it to determine the eligibility of the land involved. (Added by renumbering Section 51249 by Stats. 1969, Ch. 1372.)
  108. 51248.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

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    After a city or county makes an agricultural land contract, the clerk of the board or council must file a copy with the county recorder within 20 days.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51248. No later than 20 days after a city or county enters into a contract with a landowner pursuant to this chapter, the clerk of the board or council, as the case may be, shall record with the county recorder a copy of the contract, which shall describe the land subject thereto, together with a reference to the map showing the location of the agricultural preserve in which the property lies. From and after the time of such recordation such contract shall impart such notice thereof to all persons as is afforded by the recording laws of this state. (Added by renumbering Section 51250 by Stats. 1969, Ch. 1372.)
  109. 51248.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

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    If a city or county must record a contract under this chapter, it may file a fictitious contract.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51248.5. Whenever any city or county is required to record any contract by this chapter, it may file a fictitious contract. Thereafter, any of the provisions of such fictitious contract may be included by reference in any contract required to be filed by this chapter. The provisions of Section 2952 of the Civil Code relating to the filing, indexing, and force and effect of fictitious mortgages shall be applicable to such fictitious contracts. (Added by Stats. 1978, Ch. 1120.)
  110. 51250.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

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    This section sets out how a city or county handles a possible material breach on contracted agricultural land, including notice, hearing, remedies, penalties, liens, and exceptions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51250. (a) The purpose of this section is to identify certain structures that constitute material breaches of contract under this chapter and to provide an alternate remedy to a contract cancellation petition by the landowner. Accordingly, this remedy is in addition to any other available remedies for breach of contract. Except as expressly provided in this section, this section is not intended to change the existing land use decisionmaking and enforcement authority of cities and counties including the authority conferred upon them by this chapter to administer agricultural preserves and contracts. (b) For purposes of this section, a breach is material if, on a parcel under contract, both of the following conditions are met: (1) A commercial, industrial, or residential building is constructed that is not allowed by this chapter or the contract, local uniform rules or ordinances consistent with the provisions of this chapter, and that is not related to an agricultural use or compatible use. (2) The total area of all of the building or buildings likely causing the breach exceeds 2,500 square feet for either of the following: (A) All property subject to any contract or all contiguous property subject to a contract or contracts owned by the same landowner or landowners on January 1, 2004. (B) All property subject to a contract entered into after January 1, 2004, covering property not subject to a contract on January 1, 2004. For purposes of this subdivision any additional parcels not specified in the legal description that accompanied the contract, as it existed prior to January 1, 2003, including any parcel created or recognized within an existing contract by subdivision, deed, partition, or, pursuant to Section 66499.35, by certificate of compliance, shall not increase the limitation of this subdivision. (c) The department shall notify the city or county if the department discovers a possible breach. (d) The city or county shall, upon notification by the department or upon discovery by the city or county of a possible material breach, determine if there is a valid contract and if it is likely that the breach is material. In its investigation, the city or county shall endeavor to contact the landowner or his or her representative to learn the landowner’s explanation of the facts and circumstances related to the possible material breach. (e) Within 10 days of determining whether it is likely that a material breach exists, the city or county shall notify the landowner and the department by certified mail, return receipt requested. This notice shall include the reasons for the determination and a copy of the contract. If either the landowner or the department objects to the preliminary determination of the city or county, the board or council shall schedule a public hearing as provided in subdivision (g). (f) Within 60 days of receiving notice that it is likely a material breach, the landowner or his or her representative may notify the city or the county that the landowner intends to eliminate the conditions that resulted in the material breach within 60 days. If the landowner eliminates the conditions that resulted in the material breach within 60 days, the city or county shall take no further action under this section with respect to the building at issue. If the landowner notifies the city or county of the intention to eliminate the conditions but fails to do so, the city or county shall proceed with the hearing required in subdivision (g). (g) The city or county shall schedule a hearing no more than 120 days after the notice is provided to the landowner and the department, as required in subdivision (e). The city or county shall give notice of the public hearing by certified mail, return receipt requested to the landowner and the department at least 30 days prior to the hearing. The city or county shall give notice of the public hearing by first-class mail to every owner of land under contract, any portion of which is situated within one mile of the exterior boundary of the contracted parcel on which the likely material breach exists. The city or county shall also give published notice pursuant to Section 6061. The notice shall include the date, time, and place of the public hearing. Not less than five days before the hearing, the department may request that the city or county provide the department, at the department’s expense, a recorded transcript of the hearing not more than 30 days after the hearing. (h) At the public hearing, the city or county shall consider any oral or written testimony and then determine whether a material breach exists. The city or county shall support its determination with findings, made on the record and based on substantial evidence, that the property does or does not meet the conditions specified in subdivision (b). (i) If the city or county determines that a material breach exists, the city or county shall do one of the following: (1) Order the landowner to eliminate the conditions that resulted in the material breach within 60 days. (2) Assess the monetary penalty pursuant to subdivision (j) and terminate the contract on that portion of the contracted parcel that has been made incompatible by the material breach. If the landowner disagrees with the determination, he or she may pursue any other legal remedy that is available. (j) The monetary penalty shall be 25 percent of the unrestricted fair market value of the land rendered incompatible by the breach, plus 25 percent of the value of the incompatible building and any related improvements on the contracted land. The basis for the valuation of the penalty shall be an independent appraisal of the current unrestricted fair market value of the property that is subject to the contract and affected by the incompatible use or uses, and a valuation of any buildings and any related improvements within the area affected by the incompatible use or uses. If the city or county determines that equity would permit a lesser penalty, the city or county, the landowner, and the department may negotiate a reduction in the penalty based on the factors specified in subdivision (k), but a reduction in the penalty may not exceed one-half of the penalty. If negotiations are to be held, the city or county shall provide the department 15 days’ notice before the first negotiation. If the department chooses not to be a negotiator or fails to send a negotiator, the city or county and the landowner may negotiate the penalty. (k) In determining the amount of a lesser penalty, the negotiators shall consider: (1) The nature, circumstances, extent, and gravity of the material breach. (2) Whether the landowner’s actions were willful, knowing, or negligent with respect to the material breach. (3) The landowner’s culpability in contributing to the material breach and whether the actions of prior landowners subject to the contract contributed to the material breach. (4) Whether the actions of the city or county contributed to the material breach. (5) Whether the landowner notified the city or county that the landowner would eliminate the conditions that resulted in the material breach within 30 days, but failed to do so. (6) The willingness of the landowner to rapidly resolve the issue of the material breach. (7) Any other mitigating or aggravating factors that justice may require. (l) If the landowner is ordered to eliminate the conditions that resulted in the material breach pursuant to paragraph (1) of subdivision (i) but the landowner fails to do so within the time specified by the city or county, the city or county may abate the material breach as a public nuisance pursuant to any applicable provisions of law. (m) If the city or county terminates the contract pursuant to paragraph (2) of subdivision (i), the city or county shall record a notice of termination following the procedures of Section 51283.4. (n) The assessment of a monetary penalty pursuant to subdivision (i) shall be secured by a lien payable to the county treasurer of the county within which the property is located, in the amount assessed pursuant to subdivision (j) or (k). Once properly recorded and indexed, the lien shall have the force, effect, and priority of a judgment lien. The lien document shall provide both of the following: (1) The name of the real property owner of record and shall contain either the legal description or the assessor’s parcel number of the real property to which the lien attaches. (2) A direct telephone number and address that interested parties may contact to determine the final amount of any applicable assessments and penalties owing on the lien pursuant to this section. (o) If the lien is not paid within 60 days of recording, simple interest shall accrue on the unpaid penalty at the rate of 10 percent per year, and shall continue to accrue until the penalty is paid, prior to all other claims except those with superior status under federal or state law. (p) Upon payment of the lien, the city or county shall record a release of lien and a certificate of contract termination by breach with the county recorder for the land rendered incompatible by the breach. (q) The city or county may deduct from any funds received pursuant to this chapter the amount of the actual costs of administering this section and shall transmit the balance of the funds by the county treasurer to the Controller for deposit in the Soil Conservation Fund. (r) (1) The department may carry out the responsibilities of a city or county under this section if any of the following occurs: (A) The city or county fails to determine whether there is a material breach within 210 days of the discovery of the breach. (B) The city or county fails to complete the requirements of this section within 180 days of the determination that a material breach exists. (2) The city or county may request in writing to the department, the department’s approval for an extension of time for the city or county to act and the reasons for the extension. Approval may not be unreasonably withheld by the department. (3) The department shall notify the city or county 30 days prior to its exercise of any responsibility under this subdivision. (4) This section shall not be construed to limit the authority of the Secretary of the Resources Agency under Section 16146 or 16147. (s) (1) This section does not apply to any of the following: (A) A building constructed prior to January 1, 2004, or a building for which a permit was issued by a city or county prior to January 1, 2004. (B) A building that was not a material breach at the time of construction but became a material breach because of a change in law or ordinance. (C) A building owned by the state. (2) Subject to paragraphs (4) and (5), this section does not apply when a board or council cancels a contract pursuant to Article 5 (commencing with Section 51280), or a city terminates a contract pursuant to Section 51243.5, or when a public agency, as defined by subdivision (a) of Section 51291, acquires land subject to contract by, or in lieu of, eminent domain pursuant to Article 6 (commencing with Section 51290) unless either of the following occurs: (A) The action terminating the contract is rescinded. (B) A court determines that the cancellation or termination was not properly executed pursuant to this chapter, or that the land continues to be subject to the contract. (3) On the motion of any party with standing to bring an action for breach, any court hearing an action challenging the termination of a contract entered into under this chapter shall consolidate any action for breach, including the remedies for material breach available pursuant to this section. (4) Paragraph (2) shall not be applicable for a cancellation or termination occurring after January 1, 2004, unless the affected landowner provides to the administering board or council and to the department, within 30 days after the cancellation or termination, a notarized statement, in a form acceptable to the department, signed under penalty of perjury and filed with the county recorder, acknowledging that the breach provisions of this section may apply if any of the following conditions are met: (A) The action by the local government is rescinded. (B) A court permanently enjoins, voids, or rescinds the cancellation or termination. (C) For any other reason, the land continues to be subject to the contract. (5) Paragraph (2) does not apply for a cancellation or termination occurring before January 1, 2004, unless the landowner provides the statement required in paragraph (4) prior to the approval of a building permit necessary for the construction of a commercial, industrial, or residential building. (t) It is the intent of the Legislature to encourage cities and counties, in consultation with contracting landowners and the department, to review existing Williamson Act enforcement programs and consider any additions or improvements that would make local enforcement more effective, equitable, or widely acceptable to the affected landowners. Cities and counties are also encouraged to include enforcement provisions within the terms of the contracts, with the consent of contracting landowners. (u) The department and the city or county may agree to extend any deadline to act under this section, upon the request of the city and county, and the written approval of the director of the department. (v) In order to promote the reasonable and equitable resolution of a potential material breach, if a potential material breach involves extenuating circumstances, the city or county and the landowner may agree to request that the department meet and confer with them for the purpose of developing a resolution of the potential material breach. If the department agrees to meet and confer with the landowner and city or county, the time requirements specified in this section shall be tolled. The resolution may include remedies authorized by law or not prohibited by law that are agreed to by the landowner, city or county, and department. If the resolution resolves all outstanding issues under this section, the city or county shall terminate all proceedings pursuant to this section upon execution by the landowner, city or county, and department. The agreement executing the resolution shall be recorded in the county in which the affected parcel is located. (w) A city or county shall not cancel a contract pursuant to Article 5 (commencing with Section 51280) to resolve a material breach except pursuant to this section. (Amended by Stats. 2008, Ch. 503, Sec. 3. Effective January 1, 2009.)
  111. 51251.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    County, city, landowners, and certain landowners may sue in court to enforce contracts, including by specific performance or injunction.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51251. The county, city, or landowner may bring any action in court necessary to enforce any contract, including, but not limited to, an action to enforce the contract by specific performance or injunction. An owner of land may bring any action in court to enforce a contract on land whose exterior boundary is within one mile of his land. An owner of land under contract may bring any action in court to enforce a contract on land located within the same county or city. (Amended by Stats. 1978, Ch. 1120.)
  112. 51252.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    Open-space land under a contract made under this chapter must be treated as enforceably restricted, and the city or county must enforce and administer it to carry out the purposes of the Constitution section and this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51252. Open-space land under a contract entered into pursuant to this chapter shall be enforceably restricted within the meaning and for the purposes of Section 8 of Article XIII of the State Constitution and shall be enforced and administered by the city or county in such a manner as to accomplish the purposes of that article and of this chapter. (Amended by Stats. 1974, Ch. 311.)
  113. 51253.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    Certain contracts or agreements under this chapter may be amended to match the amended act, if all parties agree and the change is made before the 61st day after final adjournment of the 1969 Regular Session. Director of Conservation approval is not required.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51253. Any contract or agreement entered into pursuant to this chapter prior to the 61st day following final adjournment of the 1969 Regular Session of the Legislature may be amended to conform with the provisions of this act as amended at that session upon the mutual agreement of all parties. Approval of these amendments to a contract by the Director of Conservation shall not be required. (Amended by Stats. 1984, Ch. 851, Sec. 3.)
  114. 51254.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    The parties may mutually rescind a contract and replace it with a new contract under this chapter, if the new contract meets the stated term requirements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51254. Notwithstanding any other provision of this chapter, the parties may upon their mutual agreement rescind a contract in order simultaneously to enter into a new contract pursuant to this chapter, which new contract would enforceably restrict the same property for an initial term at least as long as the unexpired term of the contract being so rescinded but not less than 10 years. Such action may be taken notwithstanding the prior serving of a notice of nonrenewal relative to the former contract. (Added by Stats. 1977, Ch. 495.)
  115. 51255.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    The parties may mutually rescind a contract to enter an open-space easement agreement, if the easement is consistent with the Williamson Act and other listed conditions are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51255. (a) Notwithstanding any other provision of this chapter, the parties may upon their mutual agreement rescind a contract in order simultaneously to enter into an open-space easement agreement pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070)), provided that the easement is consistent with the Williamson Act (this chapter) for the duration of the original Williamson Act contract. The easement would enforceably restrict the same property for an initial term of not less than 10 years and would not be subject to the provisions of Article 4 (commencing with Section 51090) of Chapter 6.6. This action may be taken notwithstanding the prior serving of a notice of nonrenewal, and the land subject to the contract shall be assessed pursuant to Section 423 of the Revenue and Taxation Code. (b) This section shall not apply to any agreement entered into on or before August 12, 1998. (Amended by Stats. 1998, Ch. 690, Sec. 3. Effective January 1, 1999.)
  116. 51255.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    This section lets the parties mutually rescind certain land contracts to enter a solar-use easement, and it sets valuation, notice, fee, and remittance steps.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51255.1. (a) Notwithstanding any other provision of this chapter, the parties may, upon their mutual agreement, rescind a contract for a parcel or parcels of land that, upon review and approval, are determined by the Department of Conservation to be eligible to be placed into a solar-use easement pursuant to Section 51191 in order to simultaneously enter into a solar-use easement pursuant to Chapter 6.9 (commencing with Section 51190). This action may be taken notwithstanding the prior serving of a notice of nonrenewal. (b) Nothing in this section limits the ability of the parties to a contract to seek nonrenewal or to petition for cancellation or termination of a contract pursuant to this chapter. This section is provided in addition to, not in replacement of, other methods for contract termination, Williamson Act compliance, or a county finding that a solar facility is a compatible use pursuant to this chapter. (c) (1) Prior to the board or council agreeing to mutually rescind a contract pursuant to this section, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the fair market valuation of the land for the purpose of determining the rescission fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties that, upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or rescission of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor. (2) Prior to agreeing to mutually rescind a contract pursuant to this section, the board or council shall determine and certify to the county auditor the amount of the rescission fee that the landowner shall pay the county treasurer upon rescission. That fee shall be an amount equal to 6 1/4 percent of the fair market valuation of the property if the land was held under a contract pursuant to Section 51240, and 12 1/2 percent if the land was held in a contract designating the property as a farmland security zone. (3) When rescission fees required by this subdivision are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of Section 51283. The funds collected by the county treasurer with respect to each rescission of a contract shall be transmitted to the Controller within 30 days of the execution of the mutual rescission of the contract by the parties. (4) It is the intent of the Legislature that fees paid to rescind a contract do not constitute taxes, but are payments that, when made, provide a private benefit that tends to increase the value of the property. (Added by Stats. 2022, Ch. 427, Sec. 11. (SB 1489) Effective January 1, 2023.)
  117. 51256.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    A city or county may, after a landowner petition and required findings, agree to rescind a contract and place other land under an agricultural conservation easement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51256. Notwithstanding any other provision of this chapter, a city or county, upon petition by a landowner, may enter into an agreement with the landowner to rescind a contract in accordance with the contract cancellation provisions of Section 51282 in order to simultaneously place other land within that city, the county, or the county where the contract is rescinded under an agricultural conservation easement, consistent with the purposes and, except as provided in subdivision (b), the requirements of the California Farmland Conservancy pursuant to Division 10.2 (commencing with Section 10200) of the Public Resources Code, provided that the board or council makes all of the following findings: (a) The proposed agricultural conservation easement is consistent with the criteria set forth in Section 10251 of the Public Resources Code. (b) The proposed agricultural conservation easement is evaluated pursuant to the selection criteria in Section 10252 of the Public Resources Code, and particularly subdivisions (a), (c), (e), (f), and (h), and the board or council makes a finding that the proposed easement will make a beneficial contribution to the conservation of agricultural land in its area. (c) The land proposed to be placed under an agricultural conservation easement is of equal size or larger than the land subject to the contract to be rescinded, and is equally or more suitable for agricultural use than the land subject to the contract to be rescinded. In determining the suitability of the land for agricultural use, the city or county shall consider the soil quality and water availability of the land, adjacent land uses, and any agricultural support infrastructure. (d) The value of the proposed agricultural conservation easement, as determined pursuant to Section 10260 of the Public Resources Code, is equal to or greater than either of the following: (1) Twelve and one-half percent of the cancellation valuation of the land subject to the contract to be rescinded, pursuant to subdivision (a) of Section 51283. (2) Twenty-five percent of the cancellation valuation of the land subject to the contract to be rescinded pursuant to paragraph (3) of subdivision (c) of Section 51297, if the contract was entered into pursuant to Article 7 (commencing with Section 51296). (e) The easement value and the cancellation valuation shall be determined within 90 days before the approval of the city or county of an agreement pursuant to this section. (Amended by Stats. 2008, Ch. 503, Sec. 4. Effective January 1, 2009.)
  118. 51256.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    An agreement under Section 51256 does not take effect until the Secretary of Resources approves it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51256.1. No agreement entered into pursuant to Section 51256 shall take effect until it is approved by the Secretary of Resources. The secretary may approve the agreement if he or she finds that the findings of the board or council, as required by Sections 51256 and 51282, are supported by substantial evidence, and that the proposed agricultural conservation easement is consistent with the eligibility criteria set forth in Section 10251 of the Public Resources Code and will make a beneficial contribution to the conservation of agricultural land in its area. The secretary shall not approve the agreement if an agricultural conservation easement has been purchased with funds from the Agricultural Land Stewardship Program Fund, established pursuant to Section 10230 of the Public Resources Code, on the same land proposed to be placed under an agricultural conservation easement pursuant to this section. (Added by Stats. 1999, Ch. 1018, Sec. 6. Effective January 1, 2000.)
  119. 51256.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    Cities or counties may adopt a Section 51256 implementation plan and submit it to the director for approval; the director may approve it only if it is consistent with Section 51256.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51256.2. (a) One or more cities or counties may adopt a plan for implementing the provisions of Section 51256 with respect to multiple transactions within one or more specific areas, and submit the plan to the director for his or her approval. The plan may be approved only upon a determination by the director that it is consistent with the provisions of Section 51256. Thereafter individual transactions shall be approved if they are consistent with the approved plan. (b) Notwithstanding Section 51256, this section shall apply only to lands under contract located in the Counties of San Bernardino and Riverside, within the area bounded by Interstate 10 on the north, State Route 71 on the west, State Route 91 on the south, and a line two miles east of Interstate 15 on the east, and to easements within that area or within 10 miles of its exterior boundaries and within either Riverside County or San Bernardino County. For the purpose of this section, easements located within the described area may be related to contract rescissions in either county. (c) The Legislature finds and declares that, because of the unique factors applicable only to the Chino Basin, a statute of general applicability cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution. Those unique circumstances are that the Chino agricultural preserve is undergoing transition from agricultural to nonagricultural uses and the affected areas comprise more than a single jurisdiction. Therefore, a multijurisdictional approach is necessary. (Amended by Stats. 2000, Ch. 431, Sec. 1. Effective January 1, 2001.)
  120. 51256.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    An agricultural conservation easement in the delta’s primary or secondary zone may be used for contract rescissions in another part of the secondary zone without county boundary limits.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51256.3. For the purposes of facilitating long-term agricultural land conservation in the Sacramento-San Joaquin Delta, an agricultural conservation easement located within the primary or secondary zone of the delta, as defined in Sections 29728 and 29731 of the Public Resources Code, may be related to contract rescissions in any other portion of the secondary zone without respect to county boundary limitations contained in an agricultural conservation easement agreement pursuant to Section 51256. (Added by Stats. 2006, Ch. 547, Sec. 1. Effective January 1, 2007.)
  121. 51257.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    For a lot line adjustment, the parties may rescind existing contract(s) and enter new ones if the board or council makes specified findings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51257. (a) To facilitate a lot line adjustment, pursuant to subdivision (d) of Section 66412, and notwithstanding any other provision of this chapter, the parties may mutually agree to rescind the contract or contracts and simultaneously enter into a new contract or contracts pursuant to this chapter, provided that the board or council finds all of the following: (1) The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years. (2) There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts. (3) At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts. (4) After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222. (5) The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts. (6) The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use. (7) The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan. (b) Nothing in this section shall limit the authority of the board or council to enact additional conditions or restrictions on lot line adjustments. (c) Only one new contract may be entered into pursuant to this section with respect to a given parcel, prior to January 1, 2004. (Amended by Stats. 2012, Ch. 128, Sec. 1. (AB 2680) Effective January 1, 2013.)
  122. 51257.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    This section lets cities or counties accept certain contributions when state payments are missed or reduced, and allows specified nonprofits or public agencies to contract about land under existing chapter contracts, subject to city/county approval and other limits.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 3. Contracts [51240 - 51257.5] ( Article 3 added by Stats. 1965, Ch. 1443. ) ## 51257.5. (a) If the state fails to make payments to a city or county pursuant to Section 16142 or 16142.1, or if the state provides a reduced subvention, a city or county may accept contributions from a nonprofit land-trust organization, a nonprofit entity, or a public agency for specific land under a contract within the city or county to supplement foregone property tax revenues pursuant to this section. (b) (1) A nonprofit land-trust organization, nonprofit entity, or public agency may contract with an owner of land currently under a contract pursuant to this chapter, upon approval of the contract by the city or county, for a period of up to 10 years, to keep the landowner’s property under contract with the county pursuant to this chapter, in exchange for the contribution by the nonprofit land-trust organization or nonprofit entity’s payment for an equivalent period of years of all or a portion of the foregone property tax revenue to the city or county. (2) A contract entered into pursuant to this subdivision shall be subject to any limitation in power of a nonprofit land-trust organization, nonprofit entity, or public agency. (3) A contract entered into pursuant to this subdivision shall not authorize or require the conversion of land subject to the contract into a mitigation bank site. (c) In implementing this section, a city or county shall not request or require additional conditions or restrictions on the land or the landowner for existing or future contracts. (d) This section shall not be construed as a limitation on the right of a landowner to engage in other lawful contracts or transactions with respect to their land, including, but not limited to, contracts entered into pursuant to this chapter. (e) As used in this section, “nonprofit land-trust organization” means a nonprofit land-trust organization as defined in subdivision (b) of Section 5011.7 of the Public Resources Code. (f) No contract shall be entered into on or after January 1, 2016, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. (Added by Stats. 2011, Ch. 254, Sec. 1. (SB 668) Effective January 1, 2012.)
  123. 51280.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    This article states that its purpose is to provide relief from certain contracts entered into under this chapter, as allowed by the circumstances and conditions stated in the article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51280. It is hereby declared that the purpose of this article is to provide relief from the provisions of contracts entered into pursuant to this chapter under the circumstances and conditions provided herein. (Amended by Stats. 1981, Ch. 1095, Sec. 1.)
  124. 51280.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    A board or council may cancel a contract when it makes the required findings about alternative use and urban development patterns.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51280.1. As used in this chapter, the finding of a board or council that “cancellation and alternative use will not result in discontiguous patterns of urban development” authorizes, but does not require, the board or council to cancel a contract if it finds that the alternative use will be rural in character and that the alternative use will result within the foreseeable future in a contiguous pattern of development within the relevant subregion. The board or council is not required to find that the alternative use will be immediately contiguous to like development. In rendering its finding, the board or council acts in its own discretion to evaluate the proposed alternative use according to existing and projected conditions within its local jurisdiction. (Amended by Stats. 2021, Ch. 644, Sec. 7. (SB 574) Effective January 1, 2022.)
  125. 51281.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    A contract cannot be canceled unless the landowner requests it and the cancellation is otherwise allowed by this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51281. A contract may not be canceled except pursuant to a request by the landowner, and as provided in this article. (Amended by Stats. 1969, Ch. 1372.)
  126. 51281.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    The board or council may require a reasonable application fee when a petition for cancellation is filed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51281.1. The board or council may require the payment of a reasonable application fee to be made at the time a petition for cancellation is filed. (Added by Stats. 1978, Ch. 1120.)
  127. 51282.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    A landowner may ask the board or council to cancel all or part of an agricultural land contract. The board or council can give tentative approval only after making the required findings, and it cannot accept or approve certain petitions while Section 51250 is controlling unless the cancellation is part of that process.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51282. (a) The landowner may petition the board or council for cancellation of any contract as to all or any part of the subject land. The board or council may grant tentative approval for cancellation of a contract only if it makes one of the following findings: (1) That the cancellation is consistent with the purposes of this chapter. (2) That cancellation is in the public interest. (b) For purposes of paragraph (1) of subdivision (a) cancellation of a contract shall be consistent with the purposes of this chapter only if the board or council makes all of the following findings: (1) That the cancellation is for land on which a notice of nonrenewal has been served pursuant to Section 51245. (2) That cancellation is not likely to result in the removal of adjacent lands from agricultural use. (3) That cancellation is for an alternative use which is consistent with the applicable provisions of the city or county general plan. (4) That cancellation will not result in discontiguous patterns of urban development. (5) That there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or, that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. As used in this subdivision “proximate, noncontracted land” means land not restricted by contract pursuant to this chapter, which is sufficiently close to land which is so restricted that it can serve as a practical alternative for the use which is proposed for the restricted land. As used in this subdivision “suitable” for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract pursuant to this chapter. Such nonrestricted land may be a single parcel or may be a combination of contiguous or discontiguous parcels. (c) For purposes of paragraph (2) of subdivision (a) cancellation of a contract shall be in the public interest only if the council or board makes the following findings: (1) that other public concerns substantially outweigh the objectives of this chapter; and (2) that there is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land. As used in this subdivision “proximate, noncontracted land” means land not restricted by contract pursuant to this chapter, which is sufficiently close to land which is so restricted that it can serve as a practical alternative for the use which is proposed for the restricted land. As used in this subdivision “suitable” for the proposed use means that the salient features of the proposed use can be served by land not restricted by contract pursuant to this chapter. Such nonrestricted land may be a single parcel or may be a combination of contiguous or discontiguous parcels. (d) For purposes of subdivision (a), the uneconomic character of an existing agricultural use shall not by itself be sufficient reason for cancellation of the contract. The uneconomic character of the existing use may be considered only if there is no other reasonable or comparable agricultural use to which the land may be put. (e) The landowner’s petition shall be accompanied by a proposal for a specified alternative use of the land. The proposal for the alternative use shall list those governmental agencies known by the landowner to have permit authority related to the proposed alternative use, and the provisions and requirements of Section 51283.4 shall be fully applicable thereto. The level of specificity required in a proposal for a specified alternate use shall be determined by the board or council as that necessary to permit them to make the findings required. (f) In approving a cancellation pursuant to this section, the board or council shall not be required to make any findings other than or in addition to those expressly set forth in this section, and, where applicable, in Section 21081 of the Public Resources Code. (g) A board or council shall not accept or approve a petition for cancellation if the land for which the cancellation is sought is currently subject to the process specified in Section 51250, unless the cancellation is a part of the process specified in Section 51250. (Amended by Stats. 2008, Ch. 503, Sec. 6. Effective January 1, 2009.)
  128. 51282.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    A landowner may ask for contract cancellation for land planned for agricultural laborer housing, but the petition must include specific acreage, purpose, necessity, and a 10-year no-alternative-use certification.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51282.3. (a) The landowner may petition the board or council, pursuant to Section 51282, for cancellation of any contract or of any portion of a contract if the board or council has determined that agricultural laborer housing is not a compatible use on the contracted lands. The petition, and any subsequent cancellation based thereon, shall (1) particularly describe the acreage to be subject to cancellation; (2) stipulate that the purpose of the cancellation is to allow the land to be used exclusively for agricultural laborer housing facilities; (3) demonstrate that the contracted lands, or portion thereof, for which cancellation is being sought are reasonably necessary for the development and siting of agricultural laborer housing; and (4) certify that the contracted lands, or portion thereof, for which cancellation is being sought, shall not be converted to any other alternative use within the first 10 years immediately following the cancellation. The petition shall be deemed to be a petition for cancellation for a specified alternative use of the land. The petition shall be acted upon by the board or council in the manner prescribed in Section 51283.4. However, the provisions of Section 51283 pertaining to the payment of cancellation fees shall not be imposed except as provided in subdivision (b). (b) If the owner of real property is issued a certificate of cancellation of contract based on subdivision (a), there shall be executed and recorded concurrently with the recordation of the certificate of cancellation of contract, a lien in favor of the county, city or city and county in the amount of the fees which would otherwise have been imposed pursuant to Section 51283. Those amounts shall bear interest at the rate of 10 percent per annum. The lien shall particularly describe the real property subject to the lien, shall be recorded in the county where the real property subject to the lien is located, and shall be indexed by the recorder in the grantor index to the name of the owner of the real property and in the grantee index in the name of the county or city or city and county. From the date of recordation, the lien shall have the force, effect and priority of a judgment lien. The board or council shall execute and record a release of lien if, after a period of 10 years from the date of the recordation of the certificate of cancellation of contract, the real property subject to the lien has not been converted to a use other than agricultural laborer housing. In the event the real property subject to the lien has been converted to a use other than agricultural laborer housing, or the construction of agricultural laborer housing has not commenced within a period of one year from the date of recordation of the certificate of cancellation of contract, then the lien shall only be released upon payment of the fees and interest for which the lien has been imposed. Where construction commences after the one-year period, the amount of the interest shall only be for that period from one year following the date of the recordation of the certificate of cancellation of contract until the actual commencement of construction. (Amended by Stats. 1999, Ch. 1018, Sec. 8. Effective January 1, 2000.)
  129. 51282.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    An owner of recorded timberland-production land may petition the board or council to cancel a contract, and the board or council must approve it. No cancellation fee may be imposed, and Section 51283 does not apply.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51282.5. The owner of any land which has been zoned as a timberland production pursuant to Section 51112 or 51113, and that zoning has been recorded as provided in Section 51117, may petition the board or council for cancellation of any contract as to all or part of the land. Upon petition, the board or council shall approve the cancellation of the contract. The provisions of Section 51283 shall not apply to any cancellation under this section, and no cancellation fee shall be imposed. (Amended by Stats. 1982, Ch. 1489, Sec. 30.)
  130. 51283.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    Before a contract cancellation is tentatively approved, the county assessor must value the land, certify the cancellation valuation, and notify the landowner. The landowner must pay a cancellation fee equal to 12.5% of that valuation, unless the board or council waives or extends payment under the listed conditions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51283. (a) Prior to any action by the board or council giving tentative approval to the cancellation of any contract, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the cancellation valuation of the land for the purpose of determining the cancellation fee. At the same time, the assessor shall send a notice to the landowner indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties, that upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it as confidential and return or destroy any protected information upon termination of all actions relating to valuation or cancellation of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor. (b) Prior to giving tentative approval to the cancellation of any contract, the board or council shall determine and certify to the county auditor the amount of the cancellation fee that the landowner shall pay the county treasurer upon cancellation. That fee shall be an amount equal to 121/2 percent of the cancellation valuation of the property. (c) If it finds that it is in the public interest to do so, the board or council may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the land and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been canceled, if all of the following occur: (1) The cancellation is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner. (2) The board or council has determined that it is in the best interests of the program to conserve agricultural land use that the payment be either deferred or is not required. (3) The waiver or extension of time is approved by the Secretary of the Natural Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the board or council is consistent with the policies of this chapter and that the board or council complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the board or council, the evidence in the record of the board or council, and any other evidence the secretary may receive concerning the cancellation, waiver, or extension of time. (d) The first five million dollars ($5,000,000) of revenue paid to the Controller pursuant to subdivision (e) in the 2004–05 fiscal year, and any other amount as approved in the final Budget Act for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund, which is continued in existence. The money in the fund is available, when appropriated by the Legislature, for the support of all of the following: (1) The cost of the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570. (2) The soil conservation program identified in Section 614 of the Public Resources Code. (3) Program support costs of this chapter as administered by the Department of Conservation. (4) Program support costs incurred by the Department of Conservation in administering the open-space subvention program (Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2). (5) The costs to the Department of Conservation for administering Section 51250. (6) When available, after funding the duties of the Department of Conservation pursuant to paragraphs (1) through (5), inclusive, program support costs incurred by the department in carrying out the duties of the department pursuant to Sections 65565 and 66565.1. (e) When cancellation fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of this section and subdivision (b) of Section 51283.1. The funds collected by the county treasurer with respect to each cancellation of a contract shall be transmitted to the Controller within 30 days of the execution of a certificate of cancellation of contract by the board or council, as specified in subdivision (b) of Section 51283.4. (f) It is the intent of the Legislature that fees paid to cancel a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property. (Amended by Stats. 2021, Ch. 644, Sec. 8. (SB 574) Effective January 1, 2022.)
  131. 51283.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    The assessor must determine the land’s current fair market value, and the Department of Conservation or the landowner may seek formal review within 45 days if they think the valuation is wrong.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51283.1. (a) The assessor shall determine the current fair market value of the land as if it were free of the contractual restriction pursuant to Section 51283. The Department of Conservation or the landowner, also referred to in this section as “parties,” may provide information to assist the assessor to determine the value. Any information provided to the assessor shall be served on the other party, unless the information was provided at the request of the assessor, and would be confidential under law if required of an assessee. (b) Within 45 days of receiving the assessor’s notice pursuant to subdivision (a) of Section 51283 or Section 51283.4, if the Department of Conservation or the landowner believes that the current fair market valuation certified pursuant to subdivision (b) of Section 51283 or Section 51283.4 is not accurate, the department or the landowner may request formal review from the county assessor in the county considering the petition to cancel the contract. The department or the landowner shall submit to the assessor and the other party the reasons for believing the valuation is not accurate and the additional information the requesting party believes may substantiate a recalculation of the property valuation. The assessor may recover the assessor’s reasonable costs of the formal review from the party requesting the review, and may provide an estimate of those costs to the requesting party. The recovery of these costs from the department may be deducted by the city or county from cancellation fees received pursuant to this chapter before transmittal to the Controller for deposit in the Soil Conservation Fund. The assessor may require a deposit from the landowner to cover the contingency that payment of a cancellation fee will not necessarily result from the completion of a formal review. This subdivision shall not be construed as a limitation on the authority provided in Section 51287 for cities or counties to recover their costs in the cancellation process, except that the assessor’s costs of conducting a formal review shall not be borne by the nonrequesting party. (1) If no request is made within 45 days of receiving notice by certified mail of the valuation, the assessor’s valuation shall be used to calculate the fee. (2) Upon receiving a request for formal review, the assessor shall formally review the valuation if, based on the determination of the assessor, the information may have a material effect on valuation of the property. The assessor shall notify the parties that the formal review is being undertaken and that information to aid the assessor’s review shall be submitted within 30 days of the date of the notice to the parties. Any information submitted to the assessor shall be served on the other party who shall have 30 days to respond to that information to the assessor. If the response to the assessor contains new information, the party receiving that response shall have 20 days to respond to the assessor as to the new information. All submittals and responses to the assessor shall be served on the other party by personal service or an affidavit of mailing. The assessor shall avoid ex parte contacts during the formal review and shall report any such contacts to the department and the landowner at the same time the review is complete. The assessor shall complete the review no later than 120 days of receiving the request. (3) At the conclusion of the formal review, the assessor shall either revise the cancellation valuation or determine that the original cancellation valuation is accurate. The assessor shall send the revised valuation or notice of the determination that the valuation is accurate to the department, the landowner, and the board or council considering the petition to cancel the contract. The assessor shall include a brief narrative of what consideration was given to the items of information and responses directly relating to the cancellation value submitted by the parties. The assessor shall give no consideration to a party’s information or response that was not served on the other party. If the assessor denies a formal review, a brief narrative shall be provided to the parties indicating the basis for the denial, if requested. (c) For purposes of this section, the valuation date of any revised valuation pursuant to formal review or following judicial challenge shall remain the date of the assessor’s initial valuation, or the initial recomputation pursuant to Section 51283.4. For purposes of cancellation fee calculation in a tentative cancellation as provided in Section 51283, or in a recomputation for final cancellation as provided in Section 51283.4, a cancellation value shall be considered current for one year after its determination and certification by the assessor. (d) This section represents the exclusive administrative procedure for appealing a cancellation valuation calculated pursuant to this section. The Department of Conservation shall represent the interests of the state in the administrative and judicial remedies for challenging the determination of a cancellation valuation or cancellation fee. (Added by renumbering Section 51203 by Stats. 2021, Ch. 644, Sec. 1. (SB 574) Effective January 1, 2022.)
  132. 51283.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    This section requires officials to record, recompute, and process cancellation paperwork for a tentative land-use cancellation, and it requires the landowner to notify the board or council when conditions are met or cannot be met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51283.4. (a) Upon tentative approval of a petition accompanied by a proposal for a specified alternative use of the land, the clerk of the board or council shall record in the office of the county recorder of the county in which is located the land as to which the contract is applicable a certificate of tentative cancellation, which shall set forth the name of the landowner requesting the cancellation, the fact that a certificate of cancellation of contract will be issued and recorded at the time that specified conditions and contingencies are satisfied, a description of the conditions and contingencies which must be satisfied, and a legal description of the property. Conditions to be satisfied shall include payment in full of the amount of the fee computed under the provisions of Section 51283, together with a statement that unless the fee is paid, or a certificate of cancellation of contract is issued within one year from the date of the valuation certified by the assessor the fee shall be recomputed as of the date of notice described in subdivision (b) or the date the landowner requests a recomputation. A landowner may request a recomputation when the landowner believes the landowner will be able to satisfy the conditions and contingencies of the certificate of cancellation within 180 days. The board or council shall request the assessor to recompute the cancellation valuation. The assessor shall recompute the valuation, certify it to the board or council, and provide notice to the Department of Conservation and landowner as provided in subdivision (a) of Section 51283, and the board or council shall certify the fee to the county auditor. Any provisions related to the waiver of the fee or portion thereof shall be treated in the manner provided for in the certificate of tentative cancellation. Contingencies to be satisfied shall include a requirement that the landowner obtain all permits necessary to commence the project. The board or council may, at the request of the landowner, amend a tentatively approved specified alternative use if it finds that the amendment is consistent with the findings made pursuant to subdivision (a) of Section 51282. (b) The landowner shall notify the board or council when the landowner has satisfied the conditions and contingencies enumerated in the certificate of tentative cancellation. Within 30 days of receipt of the notice, and upon a determination that the conditions and contingencies have been satisfied, the board or council shall execute a certificate of cancellation of contract, cause the certificate to be recorded, and send a copy to the Director of Conservation. (c) If the landowner has been unable to satisfy the conditions and contingencies enumerated in the certificate of tentative cancellation, the landowner shall notify the board or council of the particular conditions or contingencies the landowner is unable to satisfy. Within 30 days of receipt of the notice, and upon a determination that the landowner is unable to satisfy the conditions and contingencies listed, the board or council shall execute a certificate of withdrawal of tentative approval of a cancellation of contract, cause the same to be recorded, and send a copy to the Director of Conservation. However, the landowner shall not be entitled to the refund of any cancellation fee paid. (Amended by Stats. 2021, Ch. 644, Sec. 9. (SB 574) Effective January 1, 2022.)
  133. 51283.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    This section lets a city or county approve tentative or final land cancellation even while review or court challenges are pending, and it sets rules for security, refunds, and filing deadlines.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51283.5. (a) The Legislature finds and declares that cancellation fees should be calculated in a timely manner and disputes over cancellation fees should be resolved before a city or county approves a tentative cancellation. However, the city or county may approve a tentative cancellation notwithstanding an assessor’s formal review or judicial challenge to the cancellation value or fee. (b) If the valuation changes after the approval of a tentative cancellation, the certificate of tentative cancellation shall be amended to reflect the correct valuation and cancellation fee. (c) If the landowner wishes to pay a cancellation fee when a formal review has been requested, the landowner may pay the fee required in the current certificate of cancellation and provide security for 20 percent of the cancellation fee based on the assessor’s valuation. The board or council shall hold the security and release it immediately upon full payment of the cancellation fee determined pursuant to Section 51283.1. (d) The city or county may approve a final cancellation notwithstanding a pending formal review or judicial challenge to the cancellation valuation or fee. The certificate of final cancellation shall include the following statements: (1) That formal review or judicial challenge of the cancellation valuation or fee is pending. (2) That the fee may be adjusted, based upon the outcome of the review or challenge. (3) The identity of the party who will be responsible for paying any additional fee or will receive any refund. (4) The form and amount of security provided by the landowner or other responsible party. (e) Upon resolution, the landowner or the party identified in the certificate shall either pay the balance owed to the county treasurer, or receive from the county treasurer or the controller any amount of overpayment, and shall also be entitled to the immediate release of any security. (f) (1) If a party does not receive the notice required pursuant to Section 51283, 51283.1, 51283.4, or 51284, a judicial challenge to the cancellation valuation may be filed within three years of the latest of the applicable following events: (A) The board or council certification of the fee pursuant to subdivision (b) of Section 51283, or for fees recomputed pursuant to Section 51283.4, the execution of a certificate of cancellation under that section. (B) The date of the assessor’s determination pursuant to paragraph (3) of subdivision (b) of Section 51283.1. (C) The service of notice to the Director of Conservation of the board or council’s recorded certificate of final cancellation. (2) If a party did receive the required notice pursuant to Section 51283.1, 51283.4, or 51284, a judicial challenge to the cancellation valuation may be filed only after the party has exhausted the administrative remedies through the formal review process specified in Section 51283.1 and only within 180 days of the latest of the applicable following events: (A) The board or council certification of the fee pursuant to subdivision (b) of Section 51283 or for fees recomputed pursuant to Section 51283.4, the execution of a certificate of cancellation under that section. (B) The date of the assessor’s determination pursuant to paragraph (3) of subdivision (b) of Section 51283.1. (C) The service of notice to the Director of Conservation or the board or council’s recorded certificate of final cancellation. (Amended by Stats. 2021, Ch. 644, Sec. 10. (SB 574) Effective January 1, 2022.)
  134. 51284.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    A city or county cannot cancel a contract until it has given notice and held a public hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51284. No contract may be canceled until after the city or county has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be published pursuant to Section 6061 and shall be mailed to every owner of land under contract, any portion of which is situated within one mile of the exterior boundary of the land upon which the contract is proposed to be canceled. Within 30 days of the tentative cancellation of the contract, the city or county shall publish a notice of its decision, including the date, time, and place of the public hearing, a general explanation of the decision, the findings made pursuant to Section 51282, and a general description, in text or by diagram, of the land under contract, as a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city or county. In addition, within 30 days of the tentative cancellation of the contract, the city or county shall deliver a copy of the published notice of the decision, as described above, to the Director of Conservation. The publication shall be for informational purposes only, and shall create no right, standing, or duty that would otherwise not exist with regard to the cancellation proceedings. (Amended by Stats. 2021, Ch. 644, Sec. 11. (SB 574) Effective January 1, 2022.)
  135. 51284.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    If a landowner asks a board or council for tentative cancellation of a contract and the application is complete, the board or council must send the assessor the information needed to describe the land, including the landowner’s name and address.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51284.1. When a landowner petitions a board or council for the tentative cancellation of a contract and when the board or council accepts the application as complete pursuant to Section 65943, the board or council shall send that information to the assessor that is necessary to describe the land subject to the proposed cancellation. The information shall include the name and address of the landowner petitioning the cancellation. (Amended by Stats. 2021, Ch. 644, Sec. 12. (SB 574) Effective January 1, 2022.)
  136. 51285.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

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    A property owner in the affected county or city may protest a cancellation to the city or county conducting the hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51285. The owner of any property located in the county or city in which the agricultural preserve is situated may protest such cancellation to the city or county conducting the hearing. (Amended by Stats. 1969, Ch. 1372.)
  137. 51286.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

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    Challenges to a contract-cancellation decision based on alleged noncompliance with this chapter must be brought under Section 1094.5, and the action or proceeding must be started within 180 days of the council or board order.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51286. (a) Any action or proceeding which, on the grounds of alleged noncompliance with the requirements of this chapter, seeks to attack, review, set aside, void, or annul a decision of a board of supervisors or a city council to cancel a contract shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure. (b) The action or proceeding shall be commenced within 180 days from the date of the council or board order acting on a petition for cancellation filed under this chapter. (Amended by Stats. 2001, Ch. 176, Sec. 12. Effective January 1, 2002.)
  138. 51287.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. )

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    A city or county may impose a fee to recover costs under this article, but the fee cannot exceed the reasonable cost of services provided.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 5. Cancellation [51280 - 51287] ( Article 5 added by Stats. 1965, Ch. 1443. ) ## 51287. The city or county may impose a fee pursuant to Chapter 8 (commencing with Section 66016) of Division 1 of Title 7 for recovery of costs under this article. The fee shall not exceed an amount necessary to recover the reasonable cost of services provided by the city or county under this article. (Amended by Stats. 1995, Ch. 686, Sec. 2. Effective October 10, 1995. Operative January 1, 1996, by Sec. 9 of Ch. 686.)
  139. 51290.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. )

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    The state policy is to avoid placing public improvements or utility improvements, and related land acquisition, in agricultural preserves whenever practicable.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. ) ## 51290. (a) It is the policy of the state to avoid, whenever practicable, the location of any federal, state, or local public improvements and any improvements of public utilities, and the acquisition of land therefor, in agricultural preserves. (b) It is further the policy of the state that whenever it is necessary to locate such an improvement within an agricultural preserve, the improvement shall, whenever practicable, be located upon land other than land under a contract pursuant to this chapter. (c) It is further the policy of the state that any agency or entity proposing to locate such an improvement shall, in considering the relative costs of parcels of land and the development of improvements, give consideration to the value to the public, as indicated in Article 2 (commencing with Section 51220), of land, and particularly prime agricultural land, within an agricultural preserve. (Amended by Stats. 1998, Ch. 690, Sec. 5. Effective January 1, 1999.)
  140. 51290.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    This section defines “public improvement” for this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. ) ## 51290.5. As used in this chapter, “public improvement” means facilities or interests in real property, including easements, rights-of-way, and interests in fee title, owned by a public agency or person, as defined in subdivision (a) of Section 51291. (Amended by Stats. 1998, Ch. 690, Sec. 6. Effective January 1, 1999.)
  141. 51291.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    Before acquiring or changing a public improvement in land within an agricultural preserve, the public agency or person must give notice to the local governing body and include required details; the local governing body must respond, and the public entity must notify the Director of Conservation after acquisition.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. ) ## 51291. (a) As used in this section and Sections 51292 and 51295, (1) “public agency” means any department or agency of the United States or the state, and any county, city, school district, or other local public district, agency, or entity, and (2) “person” means any person authorized to acquire property by eminent domain. (b) Except as provided in Section 51291.5, whenever it appears that land within an agricultural preserve may be required by a public agency or person for a public use, the public agency or person shall advise the local governing body responsible for the administration of the preserve of its intention to consider the location of a public improvement within the preserve. In accordance with Section 51290, the notice shall include an explanation of the preliminary consideration of Section 51292, and give a general description, in text or by diagram, of the agricultural preserve land proposed for acquisition, and a copy of any applicable contract created under this chapter. Within 30 days thereafter, the local governing body shall forward to the appropriate public agency or person concerned their comments with respect to the effect of the location of the public improvement on the land within the agricultural preserve and those comments shall be considered by the public agency or person. In preparing those comments, shall consider issues related to agricultural land use, including, but not limited to, matters related to the effects of the proposal on the conversion of adjacent or nearby agricultural land to nonagricultural uses shall be considered. The failure by any person or public agency, other than a state agency, to comply with the requirements of this section shall be admissible in evidence in any litigation for the acquisition of that land or involving the allocation of funds or the construction of the public improvement. This subdivision does not apply to the erection, construction, alteration, or maintenance of gas, electric, piped subterranean water or wastewater, or communication utility facilities within an agricultural preserve if that preserve was established after the submission of the location of those facilities to the city or county for review or approval. (c) When land in an agricultural preserve is acquired by a public entity, the public entity shall notify the Director of Conservation within 10 working days. The notice shall include a general explanation of the decision and the findings made pursuant to Section 51292. The notice shall also include a general description, in text or by diagram, of the agricultural preserve land acquired. (d) If, after giving the notice required under subdivisions (b) and (c) and before the project is completed within an agricultural preserve, the public agency or person proposes any significant change in the public improvement, it shall give notice of the changes to the local governing body responsible for the administration of the preserve. Within 30 days thereafter, the local governing body may forward to the public agency or person their comments with respect to the effect of the change to the public improvement on the land within the preserve and the compliance of the changed public improvements with this article. Those comments shall be considered by the public agency or person, if available within the time limits set by this subdivision. (e) Any action or proceeding regarding notices or findings required by this article filed by the local governing body administering the agricultural preserve shall be governed by Section 51294. (Amended by Stats. 2021, Ch. 644, Sec. 13. (SB 574) Effective January 1, 2022.)
  142. 51291.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    The notice requirements in subdivision (b) of Section 51291 do not apply when land is acquired for certain utility or communication facilities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. ) ## 51291.5. The notice requirements of subdivision (b) of Section 51291 shall not apply to the acquisition of land for the erection, construction, or alteration of gas, electric, piped subterranean water or wastewater, or communication facilities. (Added by Stats. 1999, Ch. 1018, Sec. 11. Effective January 1, 2000.)
  143. 51292.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    Public agencies or persons may not locate a public improvement in an agricultural preserve unless the stated findings are made.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. ) ## 51292. No public agency or person shall locate a public improvement within an agricultural preserve unless the following findings are made: (a) The location is not based primarily on a consideration of the lower cost of acquiring land in an agricultural preserve. (b) If the land is agricultural land covered under a contract pursuant to this chapter for any public improvement, that there is no other land within or outside the preserve on which it is reasonably feasible to locate the public improvement. (Amended by Stats. 1999, Ch. 1018, Sec. 12. Effective January 1, 2000.)
  144. 51293.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    Section 51292 does not apply to several listed land acquisitions and improvements in agricultural preserves and related public utility or highway/water facility projects.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. ) ## 51293. Section 51292 shall not apply to: (a) The location or construction of improvements where the board or council administering the agricultural preserve approves or agrees to the location thereof, except when the acquiring agency and administering agency are the same entity. (b) The acquisition of easements within a preserve by the board or council administering the preserve. (c) The location or construction of any public utility improvement which has been approved by the Public Utilities Commission. (d) The acquisition of either (1) temporary construction easements for public utility improvements, or (2) an interest in real property for underground public utility improvements. This subdivision shall apply only where the surface of the land subject to the acquisition is returned to the condition and use that immediately predated the construction of the public improvement, and when the construction of the public utility improvement will not significantly impair agricultural use of the affected contracted parcel or parcels. (e) The location or construction of the following types of improvements, which are hereby determined to be compatible with or to enhance land within an agricultural preserve: (1) Flood control works, including channel rectification and alteration. (2) Public works required for fish and wildlife enhancement and preservation. (3) Improvements for the primary benefit of the lands within the preserve. (f) Improvements for which the site or route has been specified by the Legislature in a manner that makes it impossible to avoid the acquisition of land under contract. (g) All state highways on routes as described in Sections 301 to 622, inclusive, of the Streets and Highways Code, as those sections read on October 1, 1965. (h) All facilities which are part of the State Water Facilities as described in subdivision (d) of Section 12934 of the Water Code, except facilities under paragraph (6) of subdivision (d) of that section. (i) Land upon which condemnation proceedings have been commenced prior to October 1, 1965. (j) The acquisition of a fee interest or conservation easement for a term of at least 10 years, in order to restrict the land to agricultural or open space uses as defined by subdivisions (b) and (o) of Section 51201. (Amended by Stats. 1994, Ch. 1158, Sec. 4. Effective January 1, 1995.)
  145. 51293.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    A public agency or person needing land in an agricultural preserve for a compatible use is still subject to Section 51291(b) in certain cases, and the use may fall outside Section 51293 unless approval or listing conditions are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. ) ## 51293.1. Any public agency or person requiring land in an agricultural preserve for a use which has been determined by a city or county to be a “compatible use” pursuant to subdivision (e) of Section 51201 in that agricultural preserve shall not be excused from the provisions of subdivision (b) of Section 51291 if the agricultural preserve was established before the location of the improvement of a public utility was submitted to the city, county, or Public Utilities Commission for agreement or approval and that compatible use shall not come within the provisions of Section 51293 unless the location of the improvement is approved or agreed to pursuant to subdivision (a) of Section 51293 or the compatible use is listed in Section 51293. (Amended by Stats. 1983, Ch. 101, Sec. 71.)
  146. 51294.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    Section 51292 can be enforced only through mandamus proceedings brought by the local governing body administering the agricultural preserve.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. ) ## 51294. Section 51292 shall be enforceable only by mandamus proceedings by the local governing body administering the agricultural preserve. However, as applied to condemnors whose determination of necessity is not conclusive by statute, evidence as to the compliance of the condemnor with Section 51292 shall be admissible on motion of any of the parties in any action otherwise authorized to be brought by the landowner or in any action against the landowner. (Amended by Stats. 2021, Ch. 644, Sec. 14. (SB 574) Effective January 1, 2022.)
  147. 51294.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    A public agency planning to acquire land in an agricultural preserve for interstate county water transmission facilities may file the proposed route and ask local counties or cities to approve the location.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. ) ## 51294.1. After 30 days have elapsed following its action, pursuant to subdivision (b) of Section 51291, advising the local governing body of a county or city administering an agricultural preserve of its intention to consider the location of a public improvement within such agricultural preserve, a public agency proposing to acquire land within an agricultural preserve for water transmission facilities which will extend into more than one county, may file the proposed route of the facilities with each county or city administering an agricultural preserve into which the facilities will extend and request each county or city to approve or agree to the location of the facilities or the acquisition of the land therefor. Upon approval or agreement, the provisions of Section 51292 shall not apply to the location of the proposed water transmission facility or the acquisition of land therefor in any county or city which has approved or agreed to the location or acquisition. (Amended by Stats. 2021, Ch. 644, Sec. 15. (SB 574) Effective January 1, 2022.)
  148. 51294.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    If a local governing body does not approve the location of water transmission facilities within 90 days after a request, the requesting public agency may sue in superior court; the court must consider the facility’s alignment, functioning, and operation, and must give the case priority.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. ) ## 51294.2. If any local governing body administering an agricultural preserve within 90 days after receiving a request pursuant to Section 51294.1 has not approved or agreed to the location of water transmission facilities as provided in Section 51294.1 or in subdivision (a) of Section 51293, the public agency making such request may file an action against such local governing body in the superior court of one of the counties within which any such body has failed to approve the location of facilities or the acquisition of land therefor, to determine whether the public agency proposing the location or acquisition has complied with the requirements of Section 51292. If the court should so determine, the provisions of Section 51292 shall not apply to the location of water transmission facilities, nor the acquisition of land therefor, in any of the counties into which they shall extend, and no writ of mandamus shall be issued in relation thereto pursuant to Section 51294. For the purposes of this section, the county selected for commencing such action is the proper county for the trial of such proceedings. In determining whether the public agency has complied with the requirements of Section 51292, the court shall consider the alignment, functioning and operation of the entire transmission facility. Courts shall give any action brought under the provisions of this section preference over all other civil actions therein, to the end that such actions shall be quickly heard and determined. (Added by Stats. 1970, Ch. 415.)
  149. 51295.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. )

    Verify source ↗

    When land subject to a contract is condemned or acquired for public use, the contract is treated as void for the land taken and ignored for valuation as described in this section.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 6. Eminent Domain or Other Acquisition [51290 - 51295] ( Article 6 added by Stats. 1965, Ch. 1443. ) ## 51295. When any action in eminent domain for the condemnation of the fee title of an entire parcel of land subject to a contract is filed, or when that land is acquired in lieu of eminent domain for a public improvement by a public agency or person, or whenever there is any such action or acquisition by the federal government or any person, instrumentality, or agency acting under the authority or power of the federal government, the contract shall be deemed null and void as to the land actually being condemned, or so acquired as of the date the action is filed, and for the purposes of establishing the value of the land, the contract shall be deemed never to have existed. Upon the termination of the proceeding, the contract shall be null and void for all land actually taken or acquired. When an action to condemn or acquire less than all of a parcel of land subject to a contract is commenced, the contract shall be deemed null and void as to the land actually condemned or acquired and shall be disregarded in the valuation process only as to the land actually being taken, unless the remaining land subject to contract will be adversely affected by the condemnation, in which case the value of that damage shall be computed without regard to the contract. When an action to condemn or acquire an interest that is less than the fee title of an entire parcel or any portion thereof of land subject to a contract is commenced, the contract shall be deemed null and void as to that interest and, for the purpose of establishing the value of only that interest, shall be deemed never to have existed, unless the remaining interests in any of the land subject to the contract will be adversely affected, in which case the value of that damage shall be computed without regard to the contract. The land actually taken shall be removed from the contract. Under no circumstances shall land be removed that is not actually taken for a public improvement, except that when only a portion of the land or less than a fee interest in the land is taken or acquired, the contract may be canceled with respect to the remaining portion or interest upon petition of either party and pursuant to the provisions of Article 5 (commencing with Section 51280). For the purposes of this section, a finding by the board or council that no authorized use may be made of the land if the contract is continued on the remaining portion or interest in the land, may satisfy the requirements of subdivision (a) of Section 51282. If, after acquisition, the acquiring public agency determines that it will not for any reason actually locate on that land or any part thereof, the public improvement for which the land was acquired, before returning the land to private ownership, the public agency shall give written notice to the local governing body responsible for the administration of the preserve, and the land shall be reenrolled in a new contract or encumbered by an enforceable deed restriction with terms at least as restrictive as those provided by this chapter. The duration of the restriction shall be determined by subtracting the length of time the land was held by the acquiring public agency or person from the number of years that remained on the original contract at the time of acquisition. (Amended by Stats. 2021, Ch. 644, Sec. 16. (SB 574) Effective January 1, 2022.)
  150. 51296.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    This section says the Legislature wants to expand landowners’ options for preserving agricultural land.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51296. The Legislature finds and declares that it is desirable to expand options available to landowners for the preservation of agricultural land. It is therefore the intent of the Legislature in enacting this article to encourage the creation of longer term voluntary enforceable restrictions within agricultural preserves. (Repealed and added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
  151. 51296.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    Landowners may ask the board to create or rescind farmland security zones, and the board and county must follow specific rules for creating, placing, and ending those zones and related contracts.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51296.1. A landowner or group of landowners may petition the board to rescind a contract or contracts entered into pursuant to this chapter in order to simultaneously place the land subject to that contract or those contracts under a new contract designating the property as a farmland security zone. A landowner or group of landowners may also petition the board to create a farmland security zone for the purpose of entering into farmland security zone contracts pursuant to this section. (a) Before approving the rescission of a contract or contracts entered into pursuant to this chapter in order to simultaneously place the land under a new farmland security zone contract, the board shall create a farmland security zone, pursuant to the requirements of Section 51230, within an existing agricultural preserve. (b) No land shall be included in a farmland security zone unless expressly requested by the landowner. Any land located within a city’s sphere of influence shall not be included within a farmland security zone, unless the creation of the farmland security zone within the sphere of influence has been expressly approved by resolution by the city with jurisdiction within the sphere of influence. (c) If more than one landowner requests the creation of a farmland security zone and the parcels are contiguous, the county shall place those parcels in the same farmland security zone. (d) A contract entered into pursuant to this section shall be for an initial term of no less than 20 years. Each contract shall provide that on the anniversary date of the contract or on another annual date as specified by the contract, a year shall be added automatically to the initial term unless a notice of nonrenewal is given pursuant to Section 51245. (e) Upon termination of a farmland security zone contract, the farmland security zone designation for that parcel shall simultaneously be terminated. (Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
  152. 51296.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    Land in a designated farmland security zone gets special property tax treatment, including eligibility for valuation under Revenue and Taxation Code Section 423.4 and a reduced rate for certain voter-approved special taxes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51296.2. Both of the following shall apply to land within a designated farmland security zone: (a) The land shall be eligible for property tax valuation pursuant to Section 423.4 of the Revenue and Taxation Code. (b) Notwithstanding any other provision of law, any special tax approved by the voters for urban-related services on or after January 1, 1999, on the land or any living improvement shall be levied at a reduced rate unless the tax directly benefits the land or the living improvements. (Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
  153. 51296.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    A local agency formation commission must not approve an annexation into a city if the land is in a designated farmland security zone, unless one of the stated exceptions applies.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51296.3. Notwithstanding any provision of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000)), a local agency formation commission shall not approve a change of organization or reorganization that would result in the annexation of land within a designated farmland security zone to a city. However, this subdivision shall not apply under any of the following circumstances: (a) If the farmland security zone is located within a designated, delineated area that has been approved by the voters as a limit for existing and future urban facilities, utilities, and services. (b) If annexation of a parcel or a portion of a parcel is necessary for the location of a public improvement, as defined in Section 51290.5, except as provided in Section 51296.5 or 51296.6. (c) If the landowner consents to the annexation. (Amended by Stats. 2002, Ch. 614, Sec. 1. Effective January 1, 2003.)
  154. 51296.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    A local agency formation commission must not approve certain annexations into a special district in a farmland security zone unless the district’s facilities or services benefit allowed land uses and the landowner consents.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51296.4. Notwithstanding any provision of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000)), a local agency formation commission shall not approve a change of organization or reorganization that would result in the annexation of land within a designated farmland security zone to a special district that provides or would provide sewers, nonagricultural water, or streets and roads, unless the facilities or services provided by the special district benefit land uses that are allowed under the contract and the landowner consents to the change of organization or reorganization. (Amended by Stats. 2002, Ch. 614, Sec. 2. Effective January 1, 2003.)
  155. 51296.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    A school district must not make a county zoning ordinance inapplicable to the district’s land if the land is in a designated farmland security zone.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51296.5. Notwithstanding Article 5 (commencing with Section 53090) of Chapter 1 of Division 2 of Title 5, a school district shall not render inapplicable a county zoning ordinance to the use of land by the school district if the land is within a designated farmland security zone. (Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
  156. 51296.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    A school district must not acquire land inside a designated farmland security zone.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51296.6. Notwithstanding any other provision of law, a school district shall not acquire any land that is within a designated farmland security zone. (Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
  157. 51296.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    The board must not approve land uses in a designated farmland security zone when the approval is based on the compatible use provisions in Section 51238.1(c).

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51296.7. The board shall not approve any use of land within a designated farmland security zone based on the compatible use provisions contained in subdivision (c) of Section 51238.1. (Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
  158. 51296.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    These sections apply only to land shown on the Important Farmland Series maps as certain kinds of farmland, or, if the area is not mapped, to land that qualifies as predominantly prime agricultural land.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51296.8. Sections 51296 to 51297.4, inclusive, shall only apply to land that is designated on the Important Farmland Series maps, prepared pursuant to Section 65570 as predominantly one or more of the following: (a) Prime farmland. (b) Farmland of statewide significance. (c) Unique farmland. (d) Farmland of local importance. If the proposed farmland security zone is in an area that is not designated on the Important Farmland Series maps, the land shall qualify if it is predominantly prime agricultural land, as defined in subdivision (c) of Section 51201. (Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
  159. 51296.9.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    A farmland security zone contract cannot be nonrenewed except under Article 3 starting at Section 51240, unless this article provides otherwise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51296.9. Nonrenewal of a farmland security zone contract shall be pursuant to Article 3 (commencing with Section 51240), except as otherwise provided in this article. (Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
  160. 51297.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    A landowner may seek cancellation of a farmland security zone contract only with the local city or county, and the city or county may approve it only if specified procedural steps and findings are satisfied.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51297. A petition for cancellation of a farmland security zone contract created under this article may be filed only by the landowner with the city or county within which the contracted land is located. The city or county may grant a petition only in accordance with the procedures provided for in Article 5 (commencing with Section 51280) and only if all the following requirements are met: (a) The city or county shall make both of the findings specified in paragraphs (1) and (2) of subdivision (a) of Section 51282, based on substantial evidence in the record. Subdivisions (b) to (e), inclusive, of Section 51282 shall apply to the findings made by the city or county. (b) Prior to issuing tentative approval of the cancellation of the contract, the board or council shall determine and certify to the county auditor the amount of the cancellation fee that the landowner will be required to pay the county treasurer upon cancellation of the contract. The cancellation fee shall be in an amount that equals 25 percent of the cancellation valuation of the property. (c) In its resolution tentatively approving cancellation of the contract, the city or county shall find all of the following: (1) That no beneficial public purpose would be served by the continuation of the contract. (2) That the uneconomic nature of the agricultural use is primarily attributable to circumstances beyond the control of the landowner and the local government. (3) That the landowner has paid a cancellation fee equal to 25 percent of the cancellation valuation calculated in accordance with subdivision (b). (d) A finding that no authorized use may be made of a remnant contract parcel of five acres or less left by public acquisition pursuant to Section 51295, may be substituted for the finding in subdivision (a). (Amended by Stats. 2021, Ch. 644, Sec. 17. (SB 574) Effective January 1, 2022.)
  161. 51297.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    Article 6 applies to farmland security zones created under this article, except where this article says otherwise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51297.1. All of the provisions of Article 6 (commencing with Section 51290) shall apply to farmland security zones created pursuant to this article except as specifically provided in this article. (Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
  162. 51297.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    State and local agencies may not require land to be placed under a farmland security zone contract as a condition of certain land-use approvals, and a U.S. agency entitlement to use cannot be conditioned on executing such a contract.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51297.2. No state agency, as defined in Section 65934, or local agency, as defined in Section 65930, shall require any land to be placed under a farmland security zone contract as a condition of the issuance of any entitlement to use or the approval of a legislative or adjudicative act involving, but not limited to, the planning, use, or development of real property, or a change of organization or reorganization, as defined in Section 56021 or 56073. No contract shall be executed as a condition of an entitlement to use issued by an agency of the United States government. (Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
  163. 51297.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    Sections 51296.3 and 51296.4 do not apply during the three-year period before a farmland security zone contract ends.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51297.3. Sections 51296.3 and 51296.4 shall not apply during the three-year period preceding the termination of a farmland security zone contract. (Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
  164. 51297.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. )

    Verify source ↗

    A board may rescind part of a Williamson Act contract to immediately enroll the land in a farmland security zone contract if the rest of the land stays under a Williamson Act contract and the board finds the action would improve conservation of agricultural land.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 7. Agricultural Land [51200 - 51297.4] ( Chapter 7 added by Stats. 1965, Ch. 1443. ) ## ARTICLE 7. Farmland Security Zones [51296 - 51297.4] ( Article 7 repealed and added by Stats. 2000, Ch. 506, Sec. 23. ) ## 51297.4. Nothing in Sections 51296 to 51297.4, inclusive, shall be construed to limit the authority of a board to rescind a portion or portions of a Williamson Act contract or contracts for the purpose of immediately enrolling the land in a farmland security zone contract so long as the remaining land is retained in a Williamson Act contract and the board determines that its action would improve the conservation of agricultural land within the county where the rescission occurs. The creation of multiple contracts under this section does not constitute a subdivision of the land. (Added by Stats. 2000, Ch. 506, Sec. 23. Effective January 1, 2001.)
  165. 51298.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 8. Capital Investment Incentive Program [51298 - 51298.5] ( Chapter 8 added by Stats. 1997, Ch. 616, Sec. 1. )

    Verify source ↗

    This section lets a county, city and county, or city create a capital investment incentive program and, if it approves a request, pay incentive amounts to a qualified manufacturing facility’s proponent, subject to required agreement terms and reporting.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 8. Capital Investment Incentive Program [51298 - 51298.5] ( Chapter 8 added by Stats. 1997, Ch. 616, Sec. 1. ) ## 51298. It is the intent of the Legislature in enacting this chapter to provide local governments with opportunities to attract large manufacturing facilities to invest in their communities and to encourage industries, such as high technology, aerospace, automotive, biotechnology, software, environmental sources, and others, to locate and invest in those facilities in California. (a) Commencing in the 1998–99 fiscal year, the governing body of a county, city and county, or city, may, by means of an ordinance or resolution approved by a majority of its entire membership, elect to establish a capital investment incentive program. In any county, city and county, or city in which the governing body has so elected, the county, city and county, or city shall, upon the approval by a majority of the entire membership of its governing body of a written request therefor, pay a capital investment incentive amount to the proponent of a qualified manufacturing facility for up to 15 consecutive fiscal years. A request for the payment of capital investment incentive amounts shall be filed by a proponent in writing with the governing body of an electing county, city and county, or city in the time and manner specified in procedures adopted by that governing body. In the case in which the governing body of an electing county, city and county, or city approves a request for the payment of capital investment incentive amounts, both of the following conditions shall apply: (1) The consecutive fiscal years during which a capital investment incentive amount is to be paid shall commence with the first fiscal year commencing after the date upon which the qualified manufacturing facility is certified for occupancy or, if no certification is issued, the first fiscal year commencing after the date upon which the qualified manufacturing facility commences operation. (2) In accordance with paragraph (4) of subdivision (d), the annual payment to a proponent of each capital investment incentive amount shall be contingent upon the proponent’s payment of a community services fee. (b) For purposes of this section: (1) “Capital investment incentive amount” means, with respect to a qualified manufacturing facility for a relevant fiscal year, an amount up to or equal to the amount of ad valorem property tax revenue allocated to the participating local agency, which excludes the revenue transfers required by Sections 97.2 and 97.3 of the Revenue and Taxation Code, from the taxation of that portion of the total assessed value of that real and personal property described in subparagraph (A) of paragraph (4) that is in excess of one hundred fifty million dollars ($150,000,000). (2) “Manufacturing” means the activity of converting or conditioning property by changing the form, composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Manufacturing includes any improvements to tangible personal property that result in a greater service life or greater functionality than that of the original property. (3) “Proponent” means a party or parties that meet all of the following criteria: (A) The party is named in the application to the county, city and county, or city within which the qualified manufacturing facility would be located for a permit to construct a qualified manufacturing facility. (B) The party will be the fee owner of the qualified manufacturing facility upon the completion of that facility. Notwithstanding the previous sentence, the party may enter into a sale-leaseback transaction and nevertheless be considered the proponent. (C) If a proponent that is receiving capital investment incentive amounts subsequently leases the subject qualified manufacturing facility to another party, the lease may provide for the payment to that lessee of any portion of a capital investment incentive amount. Any lessee receiving any portion of a capital investment incentive amount shall also be considered a proponent for the purposes of subdivision (d). (4) “Qualified manufacturing facility” means a proposed manufacturing facility that meets all of the following criteria: (A) The proponent’s initial investment in that facility, in real and personal property, necessary for the full and normal operation of that facility, made pursuant to the capital investment incentive program, that comprises any portion of that facility or has its situs at that facility, exceeds one hundred fifty million dollars ($150,000,000). Compliance with this subparagraph shall be certified by the Governor’s Office of Business and Economic Development upon the director’s approval of a proponent’s application for certification of a qualified manufacturing facility. An application for certification shall be submitted by a proponent to the Governor’s Office of Business and Economic Development in writing in the time and manner as specified by the director. (B) The facility is to be located within the jurisdiction of the electing county, city and county, or city to which the request is made for payment of capital investment incentive amounts. (C) The facility is operated by any of the following: (i) A business described in Codes 3321 to 3399, inclusive, or Codes 541711 or 541712 of the 2012 North American Industry Classification System (NAICS) Manual published by the United States Office of Management and Budget. (ii) A business engaged in the recovery of minerals from geothermal resources, including the proportional amount of a geothermal electric generating plant that is integral to the recovery process by providing electricity for it. (iii) A business engaged in the manufacturing of parts or components related to the production of electricity using solar, wind, biomass, hydropower, or geothermal resources on or after July 1, 2010. (iv) A business engaged in the manufacturing of fuels, electrical parts, or components used in the field of clean transportation or the production of alternative fuel vehicles or electric vehicles. (D) The proponent is currently engaged in any of the following: (i) Commercial production. (ii) The perfection of the manufacturing process. (iii) The perfection of a product intended to be manufactured. (c) (1) A city or special district may, upon the approval by a majority of the entire membership of its governing body, pay to the county, city and county, or city an amount equal to the amount of ad valorem property tax revenue allocated to that city or special district, but not the actual allocation, derived from the taxation of that portion of the total assessed value of that real and personal property described in subparagraph (A) of paragraph (4) of subdivision (b) that is in excess of one hundred fifty million dollars ($150,000,000). (2) For purposes of this subdivision, “special district” shall not include a school district or a community college district. (d) A proponent whose request for the payment of capital investment incentive amounts is approved by an electing county, city and county, or city shall enter into a community services agreement with that county, city and county, or city that includes, but is not limited to, all of the following provisions: (1) A provision requiring that a community services fee be remitted by the proponent to the county, city and county, or city, in each fiscal year, in an amount that is equal to 25 percent of the capital investment incentive amount calculated for that proponent for that fiscal year, except that in no fiscal year shall the amount of the community services fee exceed two million dollars ($2,000,000). (2) A provision specifying the dates in each relevant fiscal year upon which payment of the community services fee is due and delinquent, and the rate of interest to be charged to a proponent for any delinquent portion of the community services fee amount. (3) A provision specifying the procedures and rules for the determination of underpayments or overpayments of a community services fee, for the appeal of determinations of any underpayment, and for the refunding or crediting of any overpayment. (4) A provision specifying that a proponent is ineligible to receive a capital investment incentive amount if that proponent is currently delinquent in the payment of any portion of a community services fee amount, if the qualified manufacturing facility is constructed in a manner materially different from the facility as described in building permit application materials, or if the facility is no longer operated as a qualified manufacturing facility meeting the requirements of paragraph (4) of subdivision (b). If a proponent becomes ineligible to receive a capital investment incentive amount as a result of an agreement provision included pursuant to this subparagraph, the running of the number of consecutive fiscal years specified in an agreement made pursuant to subdivision (a) is not tolled during the period in which the proponent is ineligible. (5) A provision that sets forth a job creation plan with respect to the relevant qualified manufacturing facility. The plan shall specify the number of jobs to be created by that facility, and the types of jobs and compensation ranges to be created thereby. The plan shall also specify that for the entire term of the community services agreement, both of the following shall apply: (A) All of the employees working at the qualified manufacturing facility shall be covered by an employer-sponsored health benefits plan, with the exception of any employee who was offered but declined coverage due to other available group coverage. (B) The average weekly wage, exclusive of overtime, paid to all of the employees working at the qualified manufacturing facility, who are not management or supervisory employees, shall be not less than the state average weekly wage. For the purpose of this subdivision, “state average weekly wage” means the average weekly wage paid by employers to employees covered by unemployment insurance, as reported to the Employment Development Department for the four calendar quarters ending June 30 of the preceding calendar year. (6) (A) In the case in which the proponent fails to operate the qualified manufacturing facility as required by the community services agreement, a provision that requires the recapture of any portion of any capital investment incentive amounts previously paid to the proponent equal to the lesser of the following: (i) All of the capital investment incentive amounts paid to the proponent, less all of the community services fees received from the proponent, and less any capital investment incentive amounts previously recaptured. (ii) The last capital investment incentive amount paid to the proponent, less the last community services fee received from the proponent, multiplied by 40 percent of the number of years remaining in the community services agreement, but not to exceed 10 years, and less any capital investment incentive amounts previously recaptured. (B) If the proponent fails to operate the qualified manufacturing facility as required by the community services agreement, the county, city and county, or city may, upon a finding that good cause exists, waive any portion of the recapture of any capital investment incentive amount due under this subdivision. For the purpose of this subdivision, good cause includes, but is not limited to, both of the following: (i) The proponent has sold or leased the property to a person who has entered into an agreement with the county, city and county, or city to assume all of the responsibilities of the proponent under the community services agreement. (ii) The qualified manufacturing facility has been rendered inoperable and beyond repair as a result of an act of God, civil disorder, failure of power, riots, insurrections, war, acts of terrorism, or any other causes, whether the kind herein enumerated or otherwise, not within the control of the qualified manufacturing facility claiming good cause, which restrict or interfere with a qualified manufacturing facility’s ability to timely perform, and which by the exercise of reasonable due diligence, such party is or would have been unable to prevent or overcome. (C) For purposes of this subdivision, failure to operate a qualified manufacturing facility as required by the community services agreement includes, but is not limited to, failure to establish the number of jobs specified in the jobs creation plan created pursuant to paragraph (5). (e) (1) Each county, city and county, or city that elects to establish a capital investment incentive program shall notify the Governor’s Office of Business and Economic Development of its election to do so no later than June 30 of the fiscal year in which the election was made. (2) In addition to the information required to be reported pursuant to paragraph (1), each county, city and county, or city that has elected to establish a capital investment incentive program shall notify the Governor’s Office of Business and Economic Development each fiscal year no later than June 30 of the amount of any capital investment incentive payments made and the proponent of the qualified manufacturing facility to whom the payments were made during that fiscal year. (3) The Governor’s Office of Business and Economic Development shall compile the information submitted by each county, city and county, and city pursuant to paragraphs (1) and (2) and submit a report to the Legislature containing this information no later than October 1, every two years commencing October 1, 2026. (Amended by Stats. 2025, Ch. 67, Sec. 93. (AB 1170) Effective January 1, 2026. Inoperative January 1, 2035, pursuant to Section 51298.5.)
  166. 51298.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 8. Capital Investment Incentive Program [51298 - 51298.5] ( Chapter 8 added by Stats. 1997, Ch. 616, Sec. 1. )

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    Local governments may establish a capital investment incentive program and, if they do, must follow request, payment, agreement, notification, and reporting rules.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 8. Capital Investment Incentive Program [51298 - 51298.5] ( Chapter 8 added by Stats. 1997, Ch. 616, Sec. 1. ) ## 51298.1. (a) The governing body of a county, city and county, or city, may, by means of an ordinance or resolution approved by a majority of its entire membership, elect to establish a capital investment incentive program. In any county, city and county, or city in which the governing body has so elected, the county, city and county, or city shall, upon the approval by a majority of the entire membership of its governing body of a written request therefor, pay a capital investment incentive amount to the proponent of a qualified manufacturing facility for up to 15 consecutive fiscal years. A request for the payment of capital investment incentive amounts shall be filed by a proponent in writing with the governing body of an electing county, city and county, or city in the time and manner specified in procedures adopted by that governing body. In the case in which the governing body of an electing county, city and county, or city approves a request for the payment of capital investment incentive amounts, both of the following conditions shall apply: (1) The consecutive fiscal years during which a capital investment incentive amount is to be paid shall commence with the first fiscal year commencing after the date upon which the qualified manufacturing facility is certified for occupancy or, if no certification is issued, the first fiscal year commencing after the date upon which the qualified manufacturing facility commences operation. (2) In accordance with paragraph (4) of subdivision (d) of Section 51298, the annual payment to a proponent of each capital investment incentive amount shall be contingent upon the proponent’s payment of a community services fee. (b) (1) A city or special district may, upon the approval by a majority of the entire membership of its governing body, pay to the county, city and county, or city an amount equal to the amount of ad valorem property tax revenue allocated to that city or special district, but not the actual allocation, derived from the taxation of that portion of the total assessed value of that real and personal property described in subparagraph (A) of paragraph (4) of subdivision (e) that is in excess of twenty-five million dollars ($25,000,000). (2) For purposes of this subdivision, “special district” shall not include a school district or a community college district. (c) A proponent whose request for the payment of capital investment incentive amounts is approved by an electing county, city and county, or city shall enter into a community services agreement with that county, city and county, or city that includes, but is not limited to, all of the following provisions: (1) All of the provisions set forth in subdivision (d) of Section 51298. (2) A provision that sets forth a job creation plan with respect to the relevant qualified manufacturing facility. (A) The plan shall specify the number of jobs to be created by that facility, and the types of jobs and compensation ranges to be created thereby, and may include commitments for all of the following: (i) The total dollar amount of the proponent’s compensation to workers. (ii) The hourly wage rate for each job classification. (iii) The value and type of fringe benefits for each job classification. (B) The plan shall include commitments by the proponent to provide both of the following: (i) A hiring preference for local residents, community area residents, or disadvantaged workers. (ii) A targeted hiring program, including all of the following: (I) Meaningful outreach and recruitment activities to individuals facing barriers to employment or displaced workers. (II) Hiring practices developed to provide fair access to and support the hiring of individuals facing barriers to employment. (III) Directly support skill and career development for individuals facing barriers to employment. This may include collaboration with community groups and public entities. (d) (1) Each county, city and county, or city that elects to establish a capital investment incentive program shall notify the Governor’s Office of Business and Economic Development of its election to do so no later than June 30 of the fiscal year in which the election was made. (2) In addition to the information required to be reported pursuant to paragraph (1), each county, city and county, or city that has elected to establish a capital investment incentive program shall notify the Governor’s Office of Business and Economic Development each fiscal year no later than June 30 of the amount of any capital investment incentive payments made and the proponent of the qualified manufacturing facility to whom the payments were made during that fiscal year. (3) The Governor’s Office of Business and Economic Development shall compile the information submitted by each county, city and county, and city pursuant to paragraphs (1) and (2) and submit a report to the Legislature containing this information no later than October 1, every two years commencing October 1, 2026. (e) For purposes of this section, the following definitions apply: (1) “Capital investment incentive amount” means, with respect to a qualified manufacturing facility for a relevant fiscal year, an amount up to or equal to the amount of ad valorem property tax revenue allocated to the participating local agency, which excludes the revenue transfers required by Sections 97.2 and 97.3 of the Revenue and Taxation Code, from the taxation of that portion of the total assessed value of that real and personal property described in subparagraph (A) of paragraph (4) that is in excess of twenty-five million dollars ($25,000,000). (2) “Manufacturing” means the activity of converting or conditioning property by changing the form, composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Manufacturing includes any improvements to tangible personal property that result in a greater service life or greater functionality than that of the original property. (3) “Proponent” means a party or parties that meet all of the following criteria: (A) The party is named in the application to the county, city and county, or city within which the qualified manufacturing facility would be located for a permit to construct a qualified manufacturing facility. (B) The party will be the fee owner of the qualified manufacturing facility upon the completion of that facility. Notwithstanding the previous sentence, the party may enter into a sale-leaseback transaction and nevertheless be considered the proponent. (C) If a proponent that is receiving capital investment incentive amounts subsequently leases the subject qualified manufacturing facility to another party, the lease may provide for the payment to that lessee of any portion of a capital investment incentive amount. Any lessee receiving any portion of a capital investment incentive amount shall also be considered a proponent for the purposes of subdivision (c). (4) “Qualified manufacturing facility” means a proposed manufacturing facility that meets all of the following criteria: (A) The proponent’s initial investment in that facility, in real and personal property, necessary for the full and normal operation of that facility, made pursuant to the capital investment incentive program, that comprises any portion of that facility or has its situs at that facility, exceeds twenty-five million dollars ($25,000,000). Compliance with this subparagraph shall be certified by the Governor’s Office of Business and Economic Development upon the director’s approval of a proponent’s application for certification of a qualified manufacturing facility. An application for certification shall be submitted by a proponent to the Governor’s Office of Business and Economic Development in writing in the time and manner as specified by the director. (B) The facility is to be located within the jurisdiction of the electing county, city and county, or city to which the request is made for payment of capital investment incentive amounts. (C) The facility is operated by any of the following: (i) A business described in Codes 3321 to 3399, inclusive, or Codes 541711 or 541712 of the 2012 North American Industry Classification System (NAICS) Manual published by the United States Office of Management and Budget. (ii) A business engaged in the recovery of minerals from geothermal resources, including the proportional amount of a geothermal electric generating plant that is integral to the recovery process by providing electricity for it. (iii) A business engaged in the manufacturing of parts or components related to the production of electricity using solar, wind, biomass, hydropower, or geothermal resources on or after July 1, 2010. (iv) A business engaged in the manufacturing of fuels, electrical parts, or components used in the field of clean transportation or the production of alternative fuel vehicles or electric vehicles. (D) The proponent is currently engaged in any of the following: (i) Commercial production. (ii) The perfection of the manufacturing process. (iii) The perfection of a product intended to be manufactured. (Added by Stats. 2024, Ch. 581, Sec. 2. (AB 2922) Effective September 25, 2024. Inoperative January 1, 2035, pursuant to Section 51298.5.)
  167. 51298.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 8. Capital Investment Incentive Program [51298 - 51298.5] ( Chapter 8 added by Stats. 1997, Ch. 616, Sec. 1. )

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    This chapter ends on January 1, 2035, but any capital investment incentive program created under it before that date may continue for its full term.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 8. Capital Investment Incentive Program [51298 - 51298.5] ( Chapter 8 added by Stats. 1997, Ch. 616, Sec. 1. ) ## 51298.5. (a) This chapter shall remain in effect only until January 1, 2035. (b) A capital investment incentive program established pursuant to this chapter before January 1, 2035, may remain in effect for the full term of that program, regardless of whether this chapter becomes inoperative or is repealed. (Amended by Stats. 2024, Ch. 581, Sec. 3. (AB 2922) Effective September 25, 2024. Note: Termination clause affects Chapter 8, commencing with Section 51298.)
  168. 51299.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 9. Adaptive Reuse Investment Incentive Program [51299 - 51299.4] ( Chapter 9 added by Stats. 2025, Ch. 493, Sec. 2. )

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    The Legislature states this chapter is intended to help cities and counties reuse existing buildings, including office buildings, for housing and mixed uses.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 9. Adaptive Reuse Investment Incentive Program [51299 - 51299.4] ( Chapter 9 added by Stats. 2025, Ch. 493, Sec. 2. ) ## 51299. It is the intent of the Legislature in enacting this chapter to provide cities and counties with opportunities to adaptively reuse existing buildings, such as office buildings, in order to facilitate their conversion to housing and mixed uses. (Added by Stats. 2025, Ch. 493, Sec. 2. (AB 507) Effective January 1, 2026. Operative July 1, 2026, pursuant to Section 51299.4.)
  169. 51299.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 9. Adaptive Reuse Investment Incentive Program [51299 - 51299.4] ( Chapter 9 added by Stats. 2025, Ch. 493, Sec. 2. )

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    This section defines key terms used in the chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 9. Adaptive Reuse Investment Incentive Program [51299 - 51299.4] ( Chapter 9 added by Stats. 2025, Ch. 493, Sec. 2. ) ## 51299.1. For purposes of this chapter: (a) “Adaptive reuse investment incentive funds” means, with respect to a qualified adaptive reuse project property for a relevant fiscal year, an amount up to or equal to the amount of ad valorem property tax revenue allocated to the participating local agency, excluding the revenue transfers required by Sections 97.2 and 97.3 of the Revenue and Taxation Code, from the taxation of that portion of the total assessed value of the real and personal property of an adaptive reuse project property that is in excess of the qualified adaptive reuse project property’s valuation at the time of the proponent’s initial request for funding. (b) “Program” means an adaptive reuse investment incentive program established pursuant to Section 51299.2. (c) (1) “Proponent” means a party or parties that meet all of the following criteria: (A) The party is named in the application for a permit to construct a qualified adaptive reuse project submitted to the city or county. (B) The party will be the fee owner of the qualified adaptive reuse project property upon the completion of that development. (2) If a proponent that is receiving adaptive reuse investment incentive amounts subsequently leases the qualified adaptive reuse project property to another party, the lease may provide for the payment to that lessee of any portion of adaptive reuse investment incentive funds. A lessee that receives any portion of adaptive reuse investment incentive funds shall also be considered a proponent for the purposes of this chapter. (d) “Qualified adaptive reuse project property” means an adaptive reuse project proposed pursuant to Article 11.5 (commencing with Section 65658) of Chapter 3 of Division 1 of Title 7 that is located within the city or county. (Added by Stats. 2025, Ch. 493, Sec. 2. (AB 507) Effective January 1, 2026. Operative July 1, 2026, pursuant to Section 51299.4.)
  170. 51299.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 9. Adaptive Reuse Investment Incentive Program [51299 - 51299.4] ( Chapter 9 added by Stats. 2025, Ch. 493, Sec. 2. )

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    City and county governing bodies may create an adaptive reuse investment incentive program, and qualifying cities or counties must pay incentive funds after approving a written request.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 9. Adaptive Reuse Investment Incentive Program [51299 - 51299.4] ( Chapter 9 added by Stats. 2025, Ch. 493, Sec. 2. ) ## 51299.2. (a) Commencing in the 2026–27 fiscal year, the governing body of a city or county, or city and county, may, by ordinance or resolution, establish an adaptive reuse investment incentive program pursuant to this chapter. (b) (1) A city or county, or city and county, that establishes a program shall, upon the approval by a majority of the entire membership of its governing body of a written request therefor, pay adaptive reuse investment incentive funds to the proponent of a qualified adaptive reuse project property to subsidize the affordable housing units, as required pursuant to Article 11.5 (commencing with Section 65658) of Chapter 3 of Division 1 of Title 7, for up to 30 consecutive fiscal years. Nothing in this paragraph shall prohibit a city or county, or city and county, from paying adaptive reuse investment incentive funds to a proponent pursuant to this paragraph for a period of fewer than 30 years. (2) A request for the payment of adaptive reuse investment incentive funds shall be filed by a proponent in writing with the governing body of the city or county in the time and manner established by that governing body. (c) After a city or county, or city and county, approves a request for the payment of adaptive reuse investment incentive funds, payment of adaptive reuse investment incentive funds shall begin with the first fiscal year that commences after the qualified adaptive reuse property is issued a certificate of occupancy. If the city or county, or city and county, does not issue certificates of occupancy, the final inspection of the qualified adaptive reuse project property shall serve as the certificate of occupancy for purposes of this subdivision. (Added by Stats. 2025, Ch. 493, Sec. 2. (AB 507) Effective January 1, 2026. Operative July 1, 2026, pursuant to Section 51299.4.)
  171. 51299.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 9. Adaptive Reuse Investment Incentive Program [51299 - 51299.4] ( Chapter 9 added by Stats. 2025, Ch. 493, Sec. 2. )

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    A city or special district may pay an amount tied to allocated ad valorem property tax revenue to support required affordable housing units.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 9. Adaptive Reuse Investment Incentive Program [51299 - 51299.4] ( Chapter 9 added by Stats. 2025, Ch. 493, Sec. 2. ) ## 51299.3. A city or special district may pay to the city or county, or city and county, an amount equal to the amount of ad valorem property tax revenue allocated to that city or special district, but not the actual allocation, derived from the taxation of that portion of the total assessed value of that real property that is in excess of the property’s valuation at the time of the proponent’s initial request for funding, for the purpose of subsidizing the affordable housing units required pursuant to Article 11.5 (commencing with Section 65658) of Chapter 3 of Division 1 of Title 7. (Added by Stats. 2025, Ch. 493, Sec. 2. (AB 507) Effective January 1, 2026. Operative July 1, 2026, pursuant to Section 51299.4.)
  172. 51299.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 9. Adaptive Reuse Investment Incentive Program [51299 - 51299.4] ( Chapter 9 added by Stats. 2025, Ch. 493, Sec. 2. )

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    This chapter becomes operative on July 1, 2026.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 9. Adaptive Reuse Investment Incentive Program [51299 - 51299.4] ( Chapter 9 added by Stats. 2025, Ch. 493, Sec. 2. ) ## 51299.4. This chapter shall become operative on July 1, 2026. (Added by Stats. 2025, Ch. 493, Sec. 2. (AB 507) Effective January 1, 2026.)
  173. 513.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

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    The distance from the county seat of Humboldt County to Sacramento is 312 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 513. From the county seat of Humboldt County to Sacramento it is three hundred and twelve (312) miles. (Enacted by Stats. 1943, Ch. 134.)
  174. 51300.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    This article does not apply to cities with a population over 1,900,000 under the 1950 federal census, or to cities that are also cities and counties.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51300. This article does not apply to cities containing a population of over 1,900,000 according to the 1950 federal census or to cities which are also cities and counties. (Amended by Stats. 1959, Ch. 597.)
  175. 51301.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A county board of supervisors and a city legislative body may make contracts with each other to have city functions performed by the city’s appropriate officers and employees.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51301. A board of supervisors may contract with a city, governed under general laws or charter, within the county, and the city legislative body may contract with the county for the performance by its appropriate officers and employees, of city functions. (Added by Stats. 1949, Ch. 81.)
  176. 51302.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A contract term may not exceed five years, but it can be extended in five-year periods unless a local agency’s legislative body votes not to continue it in time.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51302. The term of the contract shall not exceed five years but may continue for periods of five years each, unless the legislative body of either local agency votes not to continue the term at a meeting more than one year before the expiration of any five-year period. (Added by Stats. 1949, Ch. 81.)
  177. 51303.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    County officers and employees named in the contract must exercise, within the city, the powers and duties assigned to the city officers or employees named in the contract.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51303. The county officers and employees named in the contract shall exercise within the city all of the powers and duties conferred upon the city officers or employees named in the contract. (Added by Stats. 1949, Ch. 81.)
  178. 51304.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A city may include in a contract a payment arrangement for a consideration agreed upon, and that payment is to go to the county treasurer.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51304. The city may provide in the contract for the payment to the county of a consideration agreed upon, which shall be paid to the county treasurer. (Added by Stats. 1949, Ch. 81.)
  179. 51305.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    When a contract unifies a county department and a similar city department and employee reductions are needed, reductions must be made only among the most recently employed workers in the affected line of promotion, without using the employee’s code number. Seniority must be preserved without discrimination between employees of either local agency.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51305. If the contract results in a unification of a county department with a similar city department requiring a reduction of employees in either department and in a particular line of promotion, the reduction shall be made only from those employees most recently employed within the line of promotion without reference to any code number under which the employee is acting at the time of the reduction. The rule of seniority shall be preserved without discrimination between employees of either local agency. (Added by Stats. 1949, Ch. 81.)
  180. 51306.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The contract must provide for how transferred employees’ city pension rights will be handled by the county, the city, or both.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51306. The contract shall provide for the assumption of all city pension rights of the transferred employees by the county, or for their continuation by the city, or by both. (Added by Stats. 1949, Ch. 81.)
  181. 51307.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board of supervisors must hold certain transferred pension funds or property separately in trust and use them only for the city’s pension share and incidental administrative expenses.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51307. The board of supervisors shall hold separately in trust pension money or property taken over by it from the city under the contract and all earnings, increases, and additions to such funds. The money or property shall be expended solely for the payment of the city’s portion of such pensions and incidental administrative expenses. (Added by Stats. 1949, Ch. 81.)
  182. 51308.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A person pensioned when the contract is executed has a vested property right in the pension fund for payment of the pension.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51300 - 51308] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51308. Any person pensioned at the execution of the contract has a vested property right in the pension fund for the payment of his pension. (Added by Stats. 1949, Ch. 81.)
  183. 51330.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Chartered Cities [51330 - 51335] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A charter city may transfer functions to county officials or bodies if its charter allows it and the county supervisors approve by resolution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Chartered Cities [51330 - 51335] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 51330. If authorized by the city charter and approved by resolution of the board of supervisors, a city organized under a freeholders’ charter may transfer any of its functions and any of the functions of an officer, board, or commission to an officer, board, or commission of the county in which the city is situated. (Added by Stats. 1949, Ch. 81.)
  184. 51331.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Chartered Cities [51330 - 51335] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A board of supervisors resolution must state the functions being transferred, who will perform them, and the compensation the city will pay the county.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Chartered Cities [51330 - 51335] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 51331. The resolution of the board of supervisors shall recite: (a) The functions to be transferred. (b) The county officers, boards, or commissions to perform the function. (c) The compensation to be paid by the city to the county for the services to be performed. (Added by Stats. 1949, Ch. 81.)
  185. 51332.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Chartered Cities [51330 - 51335] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The transfer may be rescinded by the city and county acting together, or by either one acting separately with one year’s notice.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Chartered Cities [51330 - 51335] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 51332. The transfer may be rescinded: (a) At any time by the joint action of the city and the county. (b) By separate action of either with one year’s notice. (Added by Stats. 1949, Ch. 81.)
  186. 51333.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Chartered Cities [51330 - 51335] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A city must express its rescission under its charter, or by resolution of its legislative body if the charter is silent. A county must express its rescission by resolution of the board of supervisors.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Chartered Cities [51330 - 51335] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 51333. The city shall express its rescission as provided by its charter or, if the charter does not provide, by resolution of its legislative body. The county shall express its rescission by resolution of the board of supervisors. (Added by Stats. 1949, Ch. 81.)
  187. 51334.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Chartered Cities [51330 - 51335] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A city may transfer certain property-tax and assessment functions to a county, and the county must keep calendar-year tax collection going if that was the city’s basis before transfer.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Chartered Cities [51330 - 51335] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 51334. City functions relating to the assessment of property for taxation, the collection of taxes levied for municipal purposes, the collection of assessments, and the sale of property for the nonpayment of taxes or assessments, may be transferred pursuant to this article. Where a city transfers the assessment function to a county it may request the county to prepare only a secured roll in the first year of transfer and thereafter both the secured and unsecured rolls. Where a city which has been collecting taxes upon a calendar-year basis transfers such function to a county under this article, said collection by the county shall be continued upon such calendar-year basis. (Amended by Stats. 1969, Ch. 4.)
  188. 51335.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Chartered Cities [51330 - 51335] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    If a city charter authorizes it, other functions may be transferred and performed as allowed by law.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Chartered Cities [51330 - 51335] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 51335. If the city charter so authorizes, other functions may be transferred and performed as provided by law. (Added by Stats. 1949, Ch. 81.)
  189. 51350.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. County Contract Services [51350- 51350.] ( Article 3 added by Stats. 1973, Ch. 1068. )

    Verify source ↗

    A county providing services to a city under contract or as authorized by law must charge the city the service costs, but it may not pass on costs for countywide services or general county overhead.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 1. Transfer of City Functions [51300 - 51350] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. County Contract Services [51350- 51350.] ( Article 3 added by Stats. 1973, Ch. 1068. ) ## 51350. A county which provides services through its appropriate departments, boards, commissions, officers or employees, to any city pursuant to contract or as authorized by law, shall charge the city all those costs which are incurred in providing the services so contracted or authorized. A county shall not charge a city contracting for a particular service, either as a direct or an indirect overhead charge, any portion of those costs which are attributable to services made available to all portions of the county, as determined by resolution of the board of supervisors, or which are general overhead costs of operation of the county government. General overhead costs, for the purpose of this section, are those costs which a county would incur regardless of whether or not it provided a service under contract to a city. Any determination of general overhead costs shall be subject to court review as to the reasonableness of such determination. This section does not apply to a contract or agreement in effect on December 31, 1983, made by a county. (Amended by Stats. 1983, Ch. 225, Sec. 1.)
  190. 514.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section states that the distance from the county seat of Imperial County to Sacramento is 661 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 514. From the county seat of Imperial County to Sacramento it is six hundred sixty-one (661) miles. (Enacted by Stats. 1943, Ch. 134.)
  191. 515.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

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    The distance from the county seat of Inyo County to Sacramento is 466 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 515. From the county seat of Inyo County to Sacramento it is four hundred and sixty-six (466) miles. (Enacted by Stats. 1943, Ch. 134.)
  192. 51500.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. )

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    A city may transfer its functions under this article, except a city that is also a city and county.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51500. A city, except a city which is also a city and county, may transfer its functions pursuant to this article. (Added by Stats. 1949, Ch. 81.)
  193. 51501.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. )

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    A city legislative body may transfer city treasurer duties to the county treasurer by ordinance, must transfer assessor and tax collector duties by January 1, 1969, and cities may not create those city offices after that date.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51501. By ordinance, a city legislative body may transfer the duties of the city treasurer to the treasurer of the county in which the city is situated, and shall, by January 1, 1969, transfer the assessment and tax collection duties performed by the city assessor and tax collector to the assessor and tax collector of the county in which the city is situated, and no city shall establish the offices of city assessor and tax collector after that date. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 147.)
  194. 51502.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. )

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    A certified copy of the ordinance transferring assessor and tax collector duties must be filed with the county auditor by the first Monday of February after adoption, unless a later date is acceptable to the county board of supervisors.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51502. A certified copy of the ordinance transferring the duties of the assessor and tax collector shall be filed with the county auditor on or before the first Monday of the February following the adoption of the ordinance or a later date acceptable to the county board of supervisors. (Amended by Stats. 1969, Ch. 4.)
  195. 51503.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. )

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    The ordinance transferring the treasurer’s duties must be served as certified copies on the county auditor, tax collector, and treasurer, and it must state how money is to be drawn from city funds held by the treasurer.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51503. Certified copies of the ordinance transferring the duties of the treasurer shall be served on the county auditor, tax collector, and treasurer. The ordinance shall also prescribe how money shall be drawn from the city funds in the hands of the treasurer. (Added by Stats. 1949, Ch. 81.)
  196. 51504.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. )

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    City taxes must be based on assessments made by the county assessor and equalized or corrected by the board of supervisors or State Board of Equalization. In the first year a city uses county values for its roll, it may independently assess property on the unsecured roll.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51504. All assessments made by the county assessor and equalized or corrected by the board of supervisors or State Board of Equalization shall be the basis for levying city taxes. In the first year that a city uses county values in the preparation of its roll it may independently assess property on the unsecured roll. (Amended by Stats. 1969, Ch. 4.)
  197. 51505.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. )

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    An ordinance transferring the treasurer’s duties stays in effect until it is repealed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51505. The ordinance transferring the duties of the treasurer is effective until repealed. Certified copies of the ordinance repealing the transfer of the treasurer’s duties shall be served upon the county auditor, tax collector, and treasurer. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 147.)
  198. 51506.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. )

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    The offices of city assessor, tax collector, and treasurer may be abolished by ordinance after their duties have been transferred.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51506. The offices of city assessor, tax collector, and treasurer may be abolished by ordinance after their duties have been transferred. (Added by Stats. 1949, Ch. 81.)
  199. 51507.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. )

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    If a city transfers its tax-assessment and tax-collection duties, the city assessor’s non-assessment duties move to the city clerk (or another officer chosen by ordinance), and the city tax collector’s non-collection duties move to the city marshal or chief of police (or another officer chosen by ordinance).

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51507. When a city transfers the duties of assessing and collecting taxes, all duties performed by the city assessor other than the assessing of the city property shall be transferred to, and performed by, the city clerk or such other officer as the city by ordinance determines, and all duties performed by the city tax collector other than the collection of taxes shall be transferred to, and be performed by, the city marshal or chief of police, or such other officer as the city by ordinance determines. (Added by Stats. 1949, Ch. 81.)
  200. 51508.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. )

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    A city legislative body that has transferred assessor and tax collector duties must set, by ordinance or resolution, the property-tax revenue needed before it fixes the tax rate.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES [51300 - 51953] ( Part 2 added by Stats. 1949, Ch. 81. ) ## CHAPTER 2. Transfer of City Tax Functions [51500 - 51562] ( Chapter 2 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General [51500 - 51521] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 51508. Before fixing the rate of taxes the legislative body of a city which has transferred the duties of the assessor and tax collector shall fix by ordinance or resolution the amount of revenue from property taxes necessary to support its departments for the current year and to pay the bonded or other indebtedness of the city, or any portion or district of the city. (Amended by Stats. 1959, Ch. 1295.)

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