Public Resources Code — Part 10 | PRC — United States — California law | Esheria

Public Resources Code

Part 10 of 41 · provisions 1,801–2,000

This act is named the Public Resources Code.

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The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

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Provisions of Public Resources Code

Showing 200 of 8,095

  1. 29421.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

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    If the local protection program is not certified by January 1, 1981, or is missing a local government component, the commission may restrict local permits or require commission permits for development in the marsh if specific findings are made.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29421. If on or before January 1, 1981, the local protection program is not certified, or if the local protection program as certified lacks a component from one or more local governments, the commission may take any of the following actions if it finds that, in the absence of the certified local protection program or component, (1) any new development in the marsh or in any area for which there is no local protection program component would be inconsistent with this division and the protection plan and (2) the development controls contained in Chapter 6 (commencing with Section 29500) are inadequate to ensure consistency with this division and the protection plan: (a) Prohibit or otherwise restrict, by regulation, the affected local government from issuing any permit or any type of entitlement for use for any development within the marsh, or any portion thereof, within the jurisdiction of such local government. (b) By regulation, extend the permit requirements of Chapter 6 (commencing with Section 29500) by requiring a permit from the commission for any development within any area of the marsh under the jurisdiction of the affected local government. (Added by Stats. 1977, Ch. 1155.)
  2. 29422.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

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    The commission must review the certified local protection program by July 1, 2025 and at least every five years, and may send corrective-action recommendations if the program is not in conformity.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29422. (a) The commission shall, by no later than July 1, 2025, and at least once every five years thereafter, review the certified local protection program, and each component of the program, to determine whether the program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component of the program, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. The recommendations may include recommended amendments to the local protection program or any component of the program. (b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of the submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review the report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division. (Amended by Stats. 2020, Ch. 220, Sec. 2. (AB 2809) Effective January 1, 2021.)
  3. 29423.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

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    If a court blocks the certified local protection program, affected development becomes subject to Chapter 6 rules instead.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29423. If the application of the certified local protection program, or any component or part thereof, is prohibited or enjoined by any court, any development that would otherwise be subject to such program, or any component or part thereof, shall by operation of law be subject to the provisions of Chapter 6 (commencing with Section 29500) relating to control of development prior to certification. (Added by Stats. 1977, Ch. 1155.)
  4. 29424.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

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    The commission may not certify a local protection program if it would provide less environmental protection than state agency plans and policies.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29424. Nothing in this chapter shall permit the commission to certify a local protection program, or any component thereof, which provides for a lesser degree of environmental protection than that provided by the plans and policies of any state regulatory agency. (Added by Stats. 1977, Ch. 1155.)
  5. 29427.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2.5. Agricultural Lands [29427- 29427.] ( Article 2.5 added by Stats. 1977, Ch. 1155. )

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    Before certifying its local protection program component, the county must designate nearby marsh-adjacent land for agricultural or compatible use and set standards limiting incompatible development and uses.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2.5. Agricultural Lands [29427- 29427.] ( Article 2.5 added by Stats. 1977, Ch. 1155. ) ## 29427. (a) Prior to certification of the county’s component of the local protection program, the county shall designate the area of the county adjacent to the marsh that should be retained in agricultural use, or in uses that are compatible with agricultural use, in order to ensure the long-term agricultural use and productivity of agricultural lands within the marsh. (b) Within such area the county shall do all of the following prior to certification of the county’s component: (1) determine the minimum size parcels necessary for long-term agricultural use and productivity, (2) establish enforceable standards limiting or prohibiting land divisions or other types of development that are inconsistent with protection of the marsh and continued agricultural use, (3) establish enforceable standards precluding agricultural uses by type and intensity that are inconsistent with the long-term preservation of the marsh, and (4) limit special assessments against agricultural lands for the provision of public services, the demand for which is not generated by agricultural uses on such lands. (c) No change by the county of any designation, standard, or limitation established pursuant to this section shall become effective until 30 days after it has notified the commission of the proposed change and unless it makes a specific finding that the change will not adversely affect, directly or indirectly, the long-term agricultural use and productivity of agricultural lands within the marsh. (Added by Stats. 1977, Ch. 1155.)
  6. 29430.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 3. Preferential Assessment [29430 - 29433] ( Article 3 added by Stats. 1977, Ch. 1155. )

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    Eligible landowners may petition the local government to enter a qualifying contract, and the local government must enter the contract when it receives the petition.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 3. Preferential Assessment [29430 - 29433] ( Article 3 added by Stats. 1977, Ch. 1155. ) ## 29430. (a) Any person who owns land within the marsh that is being used for the purpose of agriculture or wildlife habitat on January 1, 1978, or that is used for such a purpose at any time after that date, may petition the local government having jurisdiction over the land to enter into a contract pursuant to the California Land Conservation Act of 1965 (Williamson Act) (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code) or a wildlife habitat contract, as defined in subdivision (f) of Section 421 of the Revenue and Taxation Code. (b) Upon receipt of a petition pursuant to subdivision (a), such local government is authorized to, and shall, enter into such contract with the petitioning landowner. (Added by Stats. 1977, Ch. 1155.)
  7. 29431.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 3. Preferential Assessment [29430 - 29433] ( Article 3 added by Stats. 1977, Ch. 1155. )

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    For contracts entered into under this article, certain acreage limits and specified requirements do not apply.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 3. Preferential Assessment [29430 - 29433] ( Article 3 added by Stats. 1977, Ch. 1155. ) ## 29431. Neither the acreage limitations contained in Section 51230 of the Government Code and subdivision (f) of Section 421 of the Revenue and Taxation Code, nor the requirements of Section 51242 of the Government Code, shall apply to any contract entered into pursuant to this article. (Added by Stats. 1977, Ch. 1155.)
  8. 29432.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 3. Preferential Assessment [29430 - 29433] ( Article 3 added by Stats. 1977, Ch. 1155. )

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    When a city annexes marsh land that is under county contract, the city takes over the county’s rights, duties, and powers under that contract.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 3. Preferential Assessment [29430 - 29433] ( Article 3 added by Stats. 1977, Ch. 1155. ) ## 29432. Notwithstanding the provisions of subdivision (b) of Section 51243 of the Government Code, upon the annexation by a city of any land within the marsh that is under contract with the county, the city shall succeed to all rights, duties, and powers of the county under such contract and the contract shall remain effective for all purposes even if (1) the land being annexed was within one mile of such city at the time that the contract was entered into; (2) the city had filed, and the local agency formation commission had approved, a protest to the contract pursuant to Section 51234.5 of the Government Code; and (3) the city had stated its intent not to succeed in its resolution of intention to annex. (Added by Stats. 1977, Ch. 1155.)
  9. 29433.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 3. Preferential Assessment [29430 - 29433] ( Article 3 added by Stats. 1977, Ch. 1155. )

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    Local governments need the commission’s consent before canceling certain marsh land contracts or letting a notice of nonrenewal take effect.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 3. Preferential Assessment [29430 - 29433] ( Article 3 added by Stats. 1977, Ch. 1155. ) ## 29433. (a) Notwithstanding Sections 51282, 51283, 51283.3, and 51285 of the Government Code, no contract with any person concerning land within the marsh and entered into by any local government pursuant to the California Land Conservation Act of 1965 (Williamson Act) (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code) or pursuant to subdivision (f) of Section 421 of the Revenue and Taxation Code may be canceled, nor shall a notice of nonrenewal of any such contract by any local government be effective, without the consent of the commission, if such contract was in effect on or after September 27, 1974. (b) The commission may not consent to the cancellation or notice of nonrenewal of any such contract unless the commission finds that such cancellation or nonrenewal is consistent with the provisions of this division and the protection plan. (c) Other than as expressly provided herein, this section does not affect the right of any person or local government relating to the renewal or nonrenewal of any such contract. (Added by Stats. 1977, Ch. 1155.)
  10. 29500.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. )

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    A person planning development in the marsh must obtain a marsh development permit.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29500. In addition to obtaining any other permit required by law from any local government or from a state, regional, or local agency, on and after January 1, 1978, any person wishing to perform or undertake any development in the marsh shall obtain a marsh development permit. (Added by Stats. 1977, Ch. 1155.)
  11. 29501.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. )

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    The commission must issue a marsh development permit when the proposed development meets the stated consistency test, may delegate permit authority to local government for low-impact development after certification of the local protection program, and local government actions may be appealed to the commission.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29501. (a) Within the primary management area, a marsh development permit required under Section 29500 shall be obtained from the commission and shall be in lieu of any other permit that may be required by law from the commission. (b) The commission shall issue a marsh development permit under this section if it finds that the proposed development is consistent with either the provisions of this division and the policies of the protection plan or the certified local protection program, if any. (c) Subsequent to certification of the local protection program, the commission may define and delegate by regulation to the local government having jurisdiction the commission’s permit authority under this section over development that does not have significant impact on the marsh. Any local government to which the commission has delegated any part of its permit authority under this section shall issue a marsh development permit under this section if it finds the proposed development is consistent with the local protection program. (d) Any action by a local government on an application for a marsh development permit under this section may be appealed to the commission pursuant to Section 29522. The commission, on appeal, shall issue the permit if it finds the proposed development that is the subject of the appeal is consistent with the local protection program. (e) Any delegation by the commission of its permit authority under this section may be revoked at any time for good cause. (Added by Stats. 1977, Ch. 1155.)
  12. 29501.5.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. )

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    Within the primary management area, no marsh development permit is required for development specified in the certified local protection program.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29501.5. Notwithstanding the provisions of Section 29500, within the primary management area no marsh development permit shall be required for any development specified in the component of the local protection program prepared by the Suisun Resource Conservation District and certified by the commission pursuant to Section 29415. (Added by Stats. 1977, Ch. 1155.)
  13. 29502.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. )

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    Except as provided in Section 29505, a marsh development permit for development in the secondary management area must be obtained from the local government with jurisdiction over the land.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29502. (a) Except as provided in Section 29505, within the secondary management area, a marsh development permit required under Section 29500 shall be obtained from the local government having jurisdiction over the land in which the proposed development is to occur. (b) The local government may incorporate the procedures for issuing marsh development permits into its procedures relating to the issuance of any other land use or development permit. (Added by Stats. 1977, Ch. 1155.)
  14. 29503.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. )

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    A local government may issue a marsh development permit only when the required findings are made.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29503. (a) Prior to certification of the local protection program, a local government may issue a marsh development permit pursuant to Section 29502 only if it finds that the proposed development (1) is in conformity with this division and the policies of the protection plan and (2) will not prejudice the preparation of the local protection program. (b) Subsequent to certification, a local government may issue a marsh development permit pursuant to Section 29502 only if it finds that the proposed development is consistent with the certified local protection program. (Added by Stats. 1977, Ch. 1155.)
  15. 29504.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. )

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    Certain local-government actions on marsh development permit applications may be appealed to the commission, but denials are not appealable and some certified zoning-based actions are excluded.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29504. (a) Any action taken by a local government on an application for a marsh development permit pursuant to subdivision (a) of Section 29503, except an action denying such an application, may be appealed to the commission. (b) Except as provided in subdivision (e) of this section, any action taken by a local government on an application for a marsh development permit pursuant to subdivision (b) of Section 29503 may be appealed to the commission. (c) Prior to certification of the local protection program, the commission, on appeal, shall issue the marsh development permit only if it finds that the proposed development that is the subject of the appeal (1) is in conformity with this division and the policies of the protection plan and (2) will not prejudice the preparation of the local protection program. (d) Subsequent to certification of the local protection program, the commission, on appeal, shall issue the marsh development permit only if it finds the proposed development that is the subject of the appeal is in conformity with the local protection program. However, this subdivision does not authorize the commission, on appeal, to consider any action by local government on a marsh development permit which is not appealable to the commission by virtue of the provisions of subdivision (e) of this section. (e) The following actions of a local government on an application for a marsh development permit are not appealable to the commission under this section: (1) Any action denying an application for a marsh development permit. (2) Any action that consists of a finding that a development is a principal permitted use under a zoning ordinance or zoning district map that has been certified by the commission as part of the local protection program and any action that authorizes such development to the extent, but only to the extent, such action is based on such finding. (Added by Stats. 1977, Ch. 1155.)
  16. 29505.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. )

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    A marsh development permit is not required from local government for certain development, and the commission must issue the permit when the stated consistency finding is made.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29505. No person shall be required to obtain a marsh development permit from local government for any development on tidelands, submerged lands, or other public trust lands, whether filled or unfilled, or for any development by a public agency for which a local government permit is not otherwise required, but in such a case, a marsh development permit shall be obtained from the commission. The commission shall issue a marsh development permit pursuant to this section if the commission finds that the proposed development is consistent with either this division and the policies of the protection plan or the certified local protection program, if any. (Added by Stats. 1977, Ch. 1155.)
  17. 29506.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. )

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    Permits and approved developments or actions must comply with reasonable terms and conditions set by the commission.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29506. Any permit that is issued or any development or action that is approved on appeal pursuant to this division shall be subject to such reasonable terms and conditions as the commission determines will ensure that such development or action will be in accordance with the provisions of this division and the protection plan. (Added by Stats. 1977, Ch. 1155.)
  18. 29507.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. )

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    Some persons with preexisting vested rights or valid permits do not need a new permit, but major changes still need prior approval.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29507. (a) No person who has obtained a vested right in a development prior to January 1, 1978, or who has obtained a valid permit for development from the commission pursuant to Title 7.2 (commencing with Section 66600) of the Government Code or from the commission or any local government pursuant to former Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code shall be required to secure a permit for the development pursuant to this division. However, no substantial change may be made in any such development or with respect to the activity authorized by such a permit without prior approval having been obtained under this division. (b) Any person who claims a vested right in a development and thereby an exemption from the requirements of this division shall, on or before January 1, 1979, notify the commission in writing by filing a claim of exemption with the commission. If any person does not file a claim of exemption on or before that date the development of such person shall be subject to the approval requirements of this division. (c) The commission shall establish, by regulation, procedures, including public hearings, for determining claims of exemption and may require documentation or other competent evidence, including declarations under penalty of perjury or affidavits, to support any such claim. (d) The commission shall take reasonable steps to notify persons of the provisions of this section, but the fact that any person did not receive such notice shall not extend the period within which a claim of exemption must be filed under this section. (Added by Stats. 1977, Ch. 1155.)
  19. 29508.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    Some listed development activities do not need a marsh development permit, unless the commission later requires one for certain risky repairs or sets mitigation conditions.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29508. Notwithstanding any provision of this division to the contrary, no marsh development permit shall be required pursuant to this chapter for the following types of development and in the following areas: (a) Improvement to existing single-family residences. (b) Repair, replacement, reconstruction, or maintenance that does not result in an addition to, or enlargement or expansion of, the object of such repair, replacement, reconstruction, or maintenance. However, if the commission determines that certain types of repair, replacement, reconstruction, or maintenance activities involve a risk of substantial adverse environmental impact, it shall require, by regulation, that a permit be obtained under this chapter. (c) The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any other development for which a marsh development permit is required and has been issued pursuant to this division. However, the commission may, whenever it deems necessary, require, as a condition to the issuance of such a permit, reasonable measures for the mitigation of any adverse impacts on marsh resources, including scenic resources. (d) Any category of development, or any category of development within a specifically defined geographic area, that the commission, by regulation, after public hearings, and by a two-thirds vote of its members, has described or identified and with respect to which the commission has found that there is no potential for any significant adverse effect, either individually or cumulatively, on the resources of the marsh and that such exclusion will not impair the ability of any local government or district or the Solano County Local Agency Formation Commission to prepare its component of the local protection program. (Added by Stats. 1977, Ch. 1155.)
  20. 29509.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    In certain emergencies, a person doing public service work may start without a commission permit, but must notify the commission’s executive director within three days. The executive director may then waive permit requirements. The section also requires the commission to create regulations for emergency or minor-repair marsh development permits.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29509. (a) When immediate action by a person performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, levees, dikes, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, no permit from the commission shall be required prior to commencing such action if within three days of the disaster or the discovery of the danger, whichever occurs first, the person performing such action notifies the executive director of the commission of the type and location of the work undertaken pursuant to such action. Upon such notification, the executive director of the commission may waive the requirements for a permit or other authorization for such work. However, this section does not authorize the permanent erection of structures valued at more than twenty-five thousand dollars ($25,000). (b) The commission shall provide, by regulation, for the issuance of marsh development permits by the executive director of the commission, without compliance with the procedures specified in this chapter, in cases of emergency, other than an emergency as provided in subdivision (a) of this section, or for minor repairs or improvements. (Added by Stats. 1977, Ch. 1155.)
  21. 29510.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission must report to the Legislature within two years after certification of the local protection program, and it must share the report with local governments before submission so they can comment.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29500 - 29510] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29510. Not later than two years following certification of the local protection program, the commission shall report to the Legislature regarding the operation of the appellate procedure in the secondary management area, as provided in subdivision (b) of Section 29504. Not less than 60 days prior to the date on which the report is required to be submitted to the Legislature, the report shall be made available, for review and comment, to each local government having jurisdiction within the marsh. Not later than 30 days prior to the date on which the report is required to be submitted to the Legislature, any comments by a local government shall be submitted to the commission. Each such comment shall be included in the commission’s report, together with the commission’s response thereto. (Added by Stats. 1977, Ch. 1155.)
  22. 29520.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Development Control Procedures [29520 - 29524] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission must follow specified Government Code procedures for marsh development permits and claims of exemption, unless this division expressly provides otherwise. The commission or a local government may also require a reasonable filing fee and reimbursement of processing expenses for permit applications.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Development Control Procedures [29520 - 29524] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29520. (a) Except as expressly provided in this division, the commission shall use the procedures set forth in Title 7.2 (commencing with Section 66600) of the Government Code for the submission, review, and issuance by the commission of marsh development permits and claims of exemption. (b) The commission or any local government may require a reasonable filing fee and the reimbursement of expenses for the processing by the commission or the local government of any application by any person for a marsh development permit under this division. The funds received under this subdivision shall be deposited in the General Fund and shall be available for expenditure by the commission only when appropriated by the Legislature therefor. (Added by Stats. 1977, Ch. 1155.)
  23. 29521.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Development Control Procedures [29520 - 29524] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission must adopt procedures by March 1, 1978 for submitting, reviewing, and appealing marsh development permit applications.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Development Control Procedures [29520 - 29524] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29521. Not later than March 1, 1978, the commission shall adopt procedures for the submission, review, and appeal of applications for marsh development permits to be issued by local government. Such procedures shall include reasonable provisions for notification to the commission and other interested persons of any action by a local government pursuant to this division in sufficient detail to assure that a preliminary review of such action for conformity with the provisions of this division can be made. (Added by Stats. 1977, Ch. 1155.)
  24. 29522.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Development Control Procedures [29520 - 29524] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    Certain appealable marsh development permit actions may be appealed to the commission, and the action becomes final after 20 working days unless an appeal is filed.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Development Control Procedures [29520 - 29524] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29522. (a) Any appealable action on a marsh development permit for any development by a local government may be appealed to the commission by any aggrieved person or by any two members of the commission. Such action shall become final after the 20th working day after receipt of the notice required by Section 29521, unless an appeal is filed within that time. (b) If an appeal of any action on a development by any local government is filed with the commission, the operation and effect of such action shall be stayed pending the commission’s decision on the appeal. (Added by Stats. 1977, Ch. 1155.)
  25. 29523.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Development Control Procedures [29520 - 29524] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission must hear an appeal unless it decides the appeal raises no substantial issue about whether the proposed development conforms to the relevant division, local protection program, and protection plan policies.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Development Control Procedures [29520 - 29524] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29523. The commission shall hear an appeal unless it determines that the appeal raises no substantial issue as to the conformity of the proposed development with the provisions of this division, the local protection program, if in existence, and the policies of the protection plan. (Added by Stats. 1977, Ch. 1155.)
  26. 29524.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Development Control Procedures [29520 - 29524] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission must hold a de novo public hearing on appeals, give written notice, decide appeals on time, and only grant a permit with 13 affirmative votes.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 6. Development Controls [29500 - 29524] ( Chapter 6 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Development Control Procedures [29520 - 29524] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29524. (a) The commission shall provide for a public hearing de novo on any appeal brought pursuant to this division and shall give to any affected person a written public notice of the nature of the proceeding and of the time and place of the public hearing. Notice shall also be given to any person who requests, in writing, such notice. A hearing on any appeal shall be set not earlier than 21 days nor later than 42 days after the date on which the appeal is filed with the commission. (b) The commission shall act upon an appeal within 21 days after the conclusion of the hearing pursuant to subdivision (a) and may approve, modify, or deny the application for the proposed development; and if no action is taken within the time limits specified in this subdivision and subdivision (a), the decision of the local government shall become final. (c) Thirteen affirmative votes of members of the commission, or of the commission hearing an appeal, are required to grant a permit. Neither of the federal representatives who are members of the commission may vote on whether or not a permit shall be granted. (d) The applicant for a marsh development permit may waive any time limits prescribed in this section. (Added by Stats. 1977, Ch. 1155.)
  27. 29600.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The remedies in this chapter are additional to any other remedies available under law.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29600. The provisions of this chapter shall be in addition to any other remedies available pursuant to law. (Added by Stats. 1977, Ch. 1155.)
  28. 29601.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    Chapter 4 of the Government Code on cease and desist orders and penalties applies to development that may need a marsh development permit from the commission, including appeals handled by the commission.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29601. The provisions of Chapter 4 (commencing with Section 66630) of Title 7. 2 of the Government Code relating to cease and desist orders and penalties for violations thereof shall apply to all development for which a marsh development permit from the commission, or the commission hearing an appeal, may be required under this division. (Added by Stats. 1977, Ch. 1155.)
  29. 29602.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    An aggrieved person may seek judicial review of a commission decision or action by filing a writ petition within 60 days after the decision or action becomes final.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29602. Any aggrieved person may seek judicial review of any decision or action of the commission by filing a petition for a writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure within 60 days after such decision or action has become final. (Added by Stats. 1977, Ch. 1155.)
  30. 29603.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    Certain people or the commission may seek judicial review of local government decisions, and some notices and preliminary showings must be filed before moving forward.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29603. Any aggrieved person, including an applicant for a marsh development permit, or the commission, may seek judicial review of any decision made or any action taken pursuant to this division by a local government that is implementing the certified local protection program, or any component thereof, whether or not such decision or action has been appealed to the commission, by filing a petition for writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure within 60 days after the decision or action has become final. The commission may intervene in any such proceeding upon a showing that the matter involves a question of the conformity of a proposed development with the certified local protection program, or any component thereof, or the validity of any action taken by a local government to implement or amend the local protection program, or any component thereof. Any local government may request that the commission intervene. Notice of any such action against a local government shall be filed with the commission within five working days of the filing of such action. When an action is brought challenging the validity of the local protection program, or any component thereof or any amendment thereto, a preliminary showing shall be made prior to proceeding on the merits as to why such action should not have been brought pursuant to the provisions of Section 29602. (Added by Stats. 1977, Ch. 1155.)
  31. 29604.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    Any person may bring an action to enforce duties imposed on certain public bodies by this division, and no bond is required for that action.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29604. Any person may maintain an action to enforce the duties specifically imposed upon the commission, any governmental agency, any district, or any local government by this division. No bond shall be required for an action under this section. (Added by Stats. 1977, Ch. 1155.)
  32. 29605.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    Any person may sue to recover civil penalties under Sections 29610 or 29611, and a successful person may get reasonable attorney’s fees from the recovered penalties.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29605. Any person may maintain an action for the recovery of civil penalties provided in Section 29610 or 29611. Any penalties so recovered shall inure to the state and shall be deposited in the Bay Fill Clean-up and Abatement Fund established pursuant to Section 66647 of the Government Code. However, the person recovering such penalties shall be entitled to reimbursement for reasonable attorney’s fees out of the penalties so recovered. (Amended by Stats. 1982, Ch. 413, Sec. 5.)
  33. 29606.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    Civil actions under this division involving certain public entities must be moved, on either party’s motion, to a different county or city and county.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. General Provisions [29600 - 29606] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29606. Any civil action under this division by or against a city or county, the commission, a district, or any other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city, district, or other public agency which is a party to the action is located. (Added by Stats. 1977, Ch. 1155.)
  34. 29610.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Penalties [29610 - 29612] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section sets civil fines for violating the division, including a higher daily fine for intentionally and knowingly starting development in violation of the division, and it redirects some cease-and-desist violations to Government Code Section 66641.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Penalties [29610 - 29612] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29610. (a) Any person who intentionally or negligently violates any provision of this division shall be subject to a civil fine of not to exceed five thousand dollars ($5,000). (b) In addition to any other penalties, any person who intentionally and knowingly commences any development in violation of this division shall be subject to a civil fine of not less than fifty dollars ($50) and no more than five thousand dollars ($5,000) per day for each day in which such violation occurs. (c) If any person negligently or intentionally violates a cease and desist order issued pursuant to Section 29601, then the penalties provided in subdivisions (a) and (b) of this section shall not apply and the penalties provided in Section 66641 of the Government Code shall apply. (Added by Stats. 1977, Ch. 1155.)
  35. 29611.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Penalties [29610 - 29612] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    If someone intentionally and knowingly violates a provision of this division, the commission may bring an action to recover exemplary damages, except as provided in Government Code Section 818.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Penalties [29610 - 29612] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29611. Except as provided in Section 818 of the Government Code, whenever a person has intentionally and knowingly violated any provision of this division, the commission may maintain an action, in addition to an action under Section 29610, for the recovery of exemplary damages. In determining the amount to be awarded, the court shall consider the amount of such damages necessary to deter further violations. (Added by Stats. 1977, Ch. 1155.)
  36. 29612.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Penalties [29610 - 29612] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    Money recovered by the commission under this article must be deposited in the Bay Fill Clean-up and Abatement Fund.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 7. Judicial Review, Enforcement, and Penalties [29600 - 29612] ( Chapter 7 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Penalties [29610 - 29612] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29612. Any moneys recovered by the commission under this article shall be deposited in the Bay Fill Clean-up and Abatement Fund established pursuant to Section 66647 of the Government Code. (Amended by Stats. 1982, Ch. 413, Sec. 6.)
  37. 29700.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section says the division is known as, and may be cited as, the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29700. This division shall be known, and may be cited, as the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  38. 29701.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Legislature declares the Sacramento-San Joaquin Delta is a resource of statewide, national, and international significance and says state policy is to preserve and protect its resources for current and future generations.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29701. The Legislature finds and declares that the Sacramento-San Joaquin Delta is a natural resource of statewide, national, and international significance, containing irreplaceable resources, and it is the policy of the state to recognize, preserve, and protect those resources of the delta for the use and enjoyment of current and future generations. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  39. 29702.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Legislature states the Delta’s basic goals: reliable water supply, protection and restoration of the Delta ecosystem, protection of the Delta’s values, environmental quality, balanced land use, and improved flood protection.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29702. The Legislature further finds and declares that the basic goals of the state for the Delta are the following: (a) Achieve the two coequal goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place. (b) Protect, maintain, and, where possible, enhance and restore the overall quality of the Delta environment, including, but not limited to, agriculture, wildlife habitat, and recreational activities. (c) Ensure orderly, balanced conservation and development of Delta land resources. (d) Improve flood protection by structural and nonstructural means to ensure an increased level of public health and safety. (Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 1. (SB 1 7x) Effective February 3, 2010.)
  40. 29703.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Legislature states that Delta agricultural land is valuable and should be protected from nonagricultural uses in the primary zone.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29703. The Legislature further finds and declares as follows: (a) The delta is an agricultural region of great value to the state and nation and the retention and continued cultivation and production of fertile peatlands and prime soils are of significant value. (b) The agricultural land of the delta, while adding greatly to the economy of the state, also provides a significant value as open space and habitat for water fowl using the Pacific Flyway, as well as other wildlife, and the continued dedication and retention of that delta land in agricultural production contributes to the preservation and enhancement of open space and habitat values. (c) Agricultural lands located within the primary zone should be protected from the intrusion of nonagricultural uses. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  41. 29703.5.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Delta Protection Commission is described as the forum for Delta residents and as the agency to make recommendations to the Delta Stewardship Council; the five Delta counties are described as needing to establish a resources management plan for the Delta.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29703.5. The Legislature further finds and declares both of the following: (a) The Delta Protection Commission created pursuant to Section 29735 provides an existing forum for Delta residents to engage in decisions regarding actions to recognize and enhance the unique cultural, recreational, and agricultural resources of the Delta. As such, the commission is the appropriate agency to identify and provide recommendations to the Delta Stewardship Council on methods of preserving the Delta as an evolving place as the Delta Stewardship Council develops and implements the Delta Plan. (b) There is a need for the five Delta counties to establish and implement a resources management plan for the Delta and for the Delta Stewardship Council to consider that plan and recommendations of the commission in the adoption of the Delta Plan. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 2. (SB 1 7x) Effective February 3, 2010.)
  42. 29704.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Legislature finds that parts of the delta are flood-prone and that levee improvement and ongoing maintenance are urgently needed.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29704. The Legislature further finds and declares that the leveed islands and tracts of the delta and portions of its uplands are floodprone areas of critical statewide significance due to the public safety risks and the costs of public emergency responses to floods, and that improvement and ongoing maintenance of the levee system is a matter of continuing urgency to protect farmlands, population centers, the state’s water quality, and significant natural resource and habitat areas of the delta. The Legislature further finds that improvements and continuing maintenance of the levee system will not resolve all flood risks and that the delta is inherently a floodprone area wherein the most appropriate land uses are agriculture, wildlife habitat, and, where specifically provided, recreational activities, and that most of the existing levee systems are degraded and in need of restoration, improvement, and continuing management. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  43. 29705.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The section states that the state’s policy is to preserve and protect the delta’s wildlife and habitats for current and future generations.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29705. The Legislature further finds and declares that the delta’s wildlife and wildlife habitats, including waterways, vegetated unleveed channel islands, wetlands, and riparian forests and vegetation corridors, are highly valuable, providing critical wintering habitat for waterfowl and other migratory birds using the Pacific Flyway, as well as certain plant species, various rare and endangered wildlife species of birds, mammals, and fish, and numerous amphibians, reptiles, and invertebrates, that these wildlife species and their habitat are valuable, unique, and irreplaceable resources of critical statewide significance, and that it is the policy of the state to preserve and protect these resources and their diversity for the enjoyment of current and future generations. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  44. 29706.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Legislature states that the delta’s resource values have deteriorated and that further deterioration threatens the delta’s ecology, fish and wildlife, recreation, and economic productivity.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29706. The Legislature further finds and declares that the resource values of the delta have deteriorated, and that further deterioration threatens the maintenance and sustainability of the delta’s ecology, fish and wildlife populations, recreational opportunities, and economic productivity. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  45. 29707.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Legislature states that protecting delta interests requires local governments to provide and carry out delta land use planning and management.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29707. The Legislature further finds and declares that there is no process by which state and national interests and values can be protected and enhanced for the delta, and that, to protect the regional, state, and national interests for the long-term agricultural productivity, economic vitality, and ecological health of the delta resources, it is necessary to provide and implement delta land use planning and management by local governments. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  46. 29708.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Legislature states that delta cities, towns, and settlements have significant historical, cultural, and economic value and should continue to be protected.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29708. The Legislature further finds and declares that the cities, towns, and settlements within the delta are of significant historical, cultural, and economic value and that their continued protection is important to the economic and cultural vitality of the region. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  47. 29709.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Legislature says delta land use and related activities should be addressed through regional planning and local government land-use procedures and enforcement.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29709. The Legislature further finds and declares as follows: (a) Regulation of land use and related activities that threaten the integrity of the delta’s resources can best be advanced through comprehensive regional land use planning implemented through reliance on local government in its local land use planning procedures and enforcement. (b) In order to protect regional, state, and national interests in the long-term agricultural productivity, economic vitality, and ecological health of delta resources, it is important that there be a coordination and integration of activities by the various agencies whose land use activities and decisions cumulatively impact the delta. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  48. 29710.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Legislature finds that delta uses are best protected by carrying out projects that protect wildlife habitat before conflicts arise.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29710. The Legislature further finds and declares that agricultural, recreational, and other uses of the delta can best be protected by implementing projects that protect wildlife habitat before conflicts arise. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  49. 29711.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Legislature states that the inland ports of Sacramento and Stockton are important statewide resources and says their existing transportation, agricultural, commercial, industrial, manufacturing, and navigation uses should be maintained and enhanced.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29711. The Legislature further finds and declares that the inland ports of Sacramento and Stockton constitute economic and water dependent resources of statewide significance, fulfill essential functions in the maritime industry, and have long been dedicated to transportation, agricultural, commercial, industrial, manufacturing, and navigation uses consistent with federal, state, and local regulations, and that those uses should be maintained and enhanced. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  50. 29712.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Legislature says the delta’s waterways, marinas, and recreational boating are important, and that boating-related safety problems require more coordination by government.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29712. The Legislature further finds and declares as follows: (a) The delta’s waterways and marinas offer recreational opportunities of statewide and local significance and are a source of economic benefit to the region, and, due to increased demand and usage, there are public safety problems associated with that usage requiring increased coordination by all levels of government. (b) Recreational boating within the delta is of statewide and local significance and is a source of economic benefit to the region, and to the extent of any conflict or inconsistency between this division and any provisions of the Harbors and Navigation Code, regarding regulating the operation or use of boating in the delta, the provisions of the Harbors and Navigation Code shall prevail. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  51. 29713.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The provision says that voluntary acquisition of wildlife and agricultural conservation easements in the delta supports agriculture, habitat, and recreation.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29713. The Legislature further finds and declares that the voluntary acquisition of wildlife and agricultural conservation easements in the delta promotes and enhances the traditional delta values of agriculture, habitat, and recreation. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  52. 29714.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section says agencies acting under this division are not authorized to take or damage private property for public use without just compensation.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29714. The Legislature further finds and declares that, in enacting this division, it is not the intent of the Legislature to authorize any governmental agency acting pursuant to this division to exercise their power in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the California Constitution or the United States Constitution. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  53. 29715.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    If this division conflicts with the Water Code, the Water Code controls.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29715. To the extent of any conflict or inconsistency between this division and any provision of the Water Code, the provisions of the Water Code shall prevail. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  54. 29716.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission may not use this division to take jurisdiction over matters handled by another state agency or act in conflict with another state agency’s powers and duties.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [29700 - 29716] ( Chapter 1 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29716. Nothing in this division authorizes the commission to exercise any jurisdiction over matters within the jurisdiction of, or to carry out its powers and duties in conflict with the powers and duties of, any other state agency. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  55. 29720.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The definitions in this chapter govern how this division is interpreted, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29720. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  56. 29720.5.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section defines “aggrieved person” by referring to Section 29117.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29720.5. “Aggrieved person” has the same meaning as defined in Section 29117. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  57. 29721.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section defines “Commission” as the Delta Protection Commission created by Section 29735.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29721. “Commission” means the Delta Protection Commission created by Section 29735. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  58. 29722.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section defines “Delta” for this division, with a different definition for Chapter 3.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29722. “Delta” means the Sacramento-San Joaquin Delta, as defined in Section 12220 of the Water Code, for all provisions of this division, other than Chapter 3 (commencing with Section 29735). For the purposes of Chapter 3 (commencing with Section 29735), “delta” means the area of the delta minus the area contained in Alameda County. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  59. 29722.5.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    “Delta Plan” means the plan adopted by the Delta Stewardship Council under Section 85300 of the Water Code.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29722.5. “Delta Plan” means the plan adopted by the Delta Stewardship Council pursuant to Section 85300 of the Water Code. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 3. (SB 1 7x) Effective February 3, 2010.)
  60. 29722.7.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    “Economic sustainability plan” means the plan adopted by the commission under Section 29759.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29722.7. “Economic sustainability plan” means the plan adopted by the commission pursuant to Section 29759. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 4. (SB 1 7x) Effective February 3, 2010.)
  61. 29723.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section defines “development” and lists activities that are included or excluded.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29723. (a) “Development” means on, in, over, or under land or water, the placement or erection of any solid material or structure; discharge of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivisions pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), and any other division of land including lot splits, except where the land division is brought about in connection with the purchase of the land by a public agency for public recreational or fish and wildlife uses or preservation; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. (b) “Development” does not include any of the following: (1) All farming and ranching activities, as specified in subdivision (e) of Section 3482.5 of the Civil Code. (2) The maintenance, including the reconstruction of damaged parts, of structures, such as marinas, dikes, dams, levees, riprap (consistent with Chapter 1.5 (commencing with Section 12306) of Part 4.8 of Division 6 of the Water Code), breakwater, causeways, bridges, ferries, bridge abutments, docks, berths, and boat sheds. “Maintenance” includes, for this purpose, the rehabilitation and reconstruction of levees to meet applicable standards of the United States Army Corps of Engineers or the Department of Water Resources. (3) The construction, repair, or maintenance of farm dwellings, buildings, stock ponds, irrigation or drainage ditches, water wells, or siphons, including those structures and uses permitted under the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code). (4) The construction or maintenance of farm roads, or temporary roads for moving farm equipment. (5) The dredging or discharging of dredged materials, including maintenance dredging or removal, as engaged in by any marina, port, or reclamation district, in conjunction with the normal scope of their customary operations, consistent with existing federal, state, and local laws. (6) The replacement or repair of pilings in marinas, ports, and diversion facilities. (7) Projects within port districts, including, but not limited to, projects for the movement, grading, and removal of bulk materials for the purpose of activities related to maritime commerce and navigation. (8) The planning, approval, construction, operation, maintenance, reconstruction, alteration, or removal by a state agency or local agency of any water supply facilities or mitigation or enhancement activities undertaken in connection therewith. (9) Construction, reconstruction, demolition, and land divisions within existing zoning entitlements, and development within, or adjacent to, the unincorporated towns of the delta, as permitted in the Delta Area Community Plan of Sacramento County and the general plan of Yolo County, authorized prior to January 1, 1992. (10) Exploration or extraction of gas and hydrocarbons. (11) The planning, approval, construction, repair, replacement, alteration, reconstruction, operation, maintenance, or removal of oxidation and water treatment facilities owned by the City of Stockton or the City of Lodi, or facilities owned by any local agency within or adjacent to the unincorporated towns of the delta consistent with the general plan of the County of Sacramento or the County of Yolo, as the case may be. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  62. 29724.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section defines “local agency” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29724. “Local agency” means any local agency, other than a local government, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries or which maintains facilities within the delta. “Local agency” includes, but is not limited to, a port, water agency, flood control district, county service area, maintenance district or area, improvement district or improvement area, mosquito abatement district, resource conservation district, irrigation district, reclamation district, sanitary or sewer district, or any other zone or area, formed for the purpose of designating an area within which either an assessment or a property tax rate will be levied to pay for a service or improvement benefiting that area or a special function will be carried out within that area. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  63. 29725.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    “Local government” is defined to include specified counties and cities, plus any future cities incorporated in the primary zone.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29725. “Local government” means the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo, and the Cities of Sacramento, Stockton, Tracy, Antioch, Pittsburg, Isleton, Lathrop, Brentwood, West Sacramento, and Oakley, and any other cities that may be incorporated in the future in the primary zone. (Amended by Stats. 2010, Ch. 39, Sec. 1. (AB 1677) Effective January 1, 2011.)
  64. 29726.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section defines “Pacific Flyway” as a specific migratory bird flight path, including feeding and nesting habitat, described in a cited habitat plan.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29726. “Pacific Flyway” means the identified migratory bird flight path, including feeding and nesting habitat, as described in the Central Valley Habitat Joint Venture component of the North American Waterfowl Management Plan (NAWMP-1986). (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  65. 29727.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    “Port” is defined to mean the Port of Sacramento and the Port of Stockton, including certain land and some potential sites.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29727. “Port” means the Port of Sacramento and the Port of Stockton, including all the land owned or leased by those ports, or potential sites identified in the Delta county general plans as of January 1, 2010, and otherwise authorized by law. (Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 6. (SB 1 7x) Effective February 3, 2010.)
  66. 29728.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section defines “Primary zone” for the Delta Protection Act.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29728. “Primary zone” means the delta land and water area of primary state concern and statewide significance which is situated within the boundaries of the delta, as described in Section 12220 of the Water Code, but that is not within either the urban limit line or sphere of influence line of any local government’s general plan or currently existing studies, as of January 1, 1992. The precise boundary lines of the primary zone includes the land and water areas as shown on the map titled “Delta Protection Zones” on file with the State Lands Commission. Where the boundary between the primary zone and secondary zone is a river, stream, channel, or waterway, the boundary line shall be the middle of that river, stream, channel, or waterway. (Amended by Stats. 1998, Ch. 829, Sec. 46. Effective January 1, 1999.)
  67. 29728.5.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section defines “resources management plan” as the plan adopted by the commission under Section 29760.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29728.5. “Resources management plan” means the plan adopted by the commission pursuant to Section 29760. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 7. (SB 1 7x) Effective February 3, 2010.)
  68. 29730.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    “Restoration” means actions that return a degraded or deteriorated area to improved productivity, environmental quality, or beneficial values.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29730. “Restoration” means actions which return a degraded or deteriorated area to a level of increased productivity, environmental quality, or beneficial values. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  69. 29731.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    “Secondary zone” means the delta land and water area outside the primary zone, subject to local government land use authority.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29731. “Secondary zone” means all the delta land and water area within the boundaries of the delta not included within the primary zone, subject to the land use authority of local government, and that includes the land and water areas as shown on the map titled “Delta Protection Zones” on file with the State Lands Commission. (Amended by Stats. 1998, Ch. 829, Sec. 47. Effective January 1, 1999.)
  70. 29732.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section defines “sphere of influence line” as the boundaries of local governments described in Government Code sections 56425 and 56426.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29732. “Sphere of influence line” refers to those boundaries of local governments as defined in Sections 56425 and 56426 of the Government Code. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  71. 29733.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section defines “unincorporated towns” as a list of named communities.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29733. “Unincorporated towns” means the communities of Walnut Grove, Clarksburg, Courtland, Hood, Locke, Knightsen, Collinsville, and Ryde. (Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 8. (SB 1 7x) Effective February 3, 2010.)
  72. 29734.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    “Urban limit line” is defined as a local government general plan line in the delta that marks where publicly proposed urban development stops.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 2. Definitions [29720 - 29734] ( Chapter 2 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29734. “Urban limit line” means that general plan line established and approved by any local government within the delta which delineates boundaries beyond which urban development is not publicly proposed by local government, as of January 1, 1992. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  73. 29735.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    This section creates the Delta Protection Commission and sets out how its 15 members are appointed or selected.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29735. There is hereby created the Delta Protection Commission consisting of 15 members as follows: (a) One member of the board of supervisors, or his or her designee, of each of the five counties within the Delta whose supervisorial district is within the primary zone shall be appointed by the board of supervisors of each of those respective counties. (b) (1) Two elected city council members shall be selected and appointed by city selection committees, from the appropriate regions specified in subparagraphs (A) and (B), one in each of the following areas: (A) One from the south Delta, consisting of the County of San Joaquin. (B) One from the west Delta, from either the County of Contra Costa or the County of Solano, on a rotating basis. (2) One elected city council member shall be selected and appointed by city selection committees, from regional and area councils of government from the north Delta, consisting of the Counties of Yolo and Sacramento. (3) A city council member appointed pursuant to this subdivision may select a designee for purposes of this subdivision. (4) Notwithstanding Section 29736, the term of office of the members selected pursuant to this subdivision shall be two years. (c) One member each from the board of directors of three different reclamation districts that are located within the primary zone who are residents of the Delta, and who are elected by the trustees of reclamation districts pursuant to paragraphs (1), (2), and (3). Each reclamation district may nominate one director to be a member. The member from an area described in paragraph (1), (2), or (3) shall be selected from among the nominees by a majority vote of the reclamation districts in that area. A member selected pursuant to this subdivision may select a designee for this purpose. For the purposes of this section, each reclamation district shall have one vote. Reclamation district members shall consist of the following: (1) One member from the area of the North Delta Water Agency as described in Section 9.1 of the North Delta Water Agency Act (Chapter 283 of the Statutes of 1973). (2) One member from an area including the west Delta consisting of the area of the County of Contra Costa within the Delta and within the Central Delta Water Agency as described in Section 9.1 of the Central Delta Water Agency Act (Chapter 1133 of the Statutes of 1973). (3) One member from the area of the South Delta Water Agency as described in Section 9.1 of the South Delta Water Agency Act (Chapter 1089 of the Statutes of 1973). (d) The Secretary of Food and Agriculture, or the secretary’s sole designee. (e) The executive officer of the State Lands Commission, or the executive officer’s sole designee. (f) The Secretary of the Natural Resources Agency, or his or her sole designee. (g) The Secretary of Transportation, or his or her sole designee. (Amended by Stats. 2013, Ch. 352, Sec. 486. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  74. 29735.1.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    A commission member may appoint an alternate if the appointing power confirms it. The alternate may serve before confirmation for up to 90 days, serves at the member’s pleasure, and may vote only when the appointing member is absent, with conflict-of-interest rules applying.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29735.1. (a) A member of the commission described in subdivision (a) of Section 29735 may, subject to the confirmation of his or her appointing power, appoint an alternate to represent him or her at a commission meeting. An alternate may serve prior to confirmation for a period not to exceed 90 days from the date of appointment, unless and until confirmation is denied. (b) The alternate shall serve at the pleasure of the member who appoints him or her and shall have all of the powers and duties of a member of the commission, except that the alternate shall only participate and vote in a meeting in the absence of the member who appoints him or her. All provisions of law relating to conflicts of interest that are applicable to a member shall apply to an alternate. If a member has, or is known to have, a conflict of interest on any matter, the member’s alternate is ineligible to vote on that matter. (Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 10. (SB 1 7x) Effective February 3, 2010.)
  75. 29736.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    Appointed commission members must serve at the pleasure of the entities that appointed them.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29736. The appointed members of the commission shall serve at the pleasure of their appointing entities. (Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 12. (SB 1 7x) Effective February 3, 2010.)
  76. 29737.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    Members must serve without compensation, and the commission must pay each member’s official-duty expenses.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29737. Members shall serve without compensation, but the expenses of each member incurred in connection with official duties shall be paid by the commission. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  77. 29738.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    If an appointed commission member loses any required qualification, the office is vacated, and the appointing authority must appoint a successor within 30 days.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29738. The office of an appointed member of the commission is vacated upon the loss of any qualification required for appointment, and in that event the appointing authority shall appoint a successor within 30 days of the occurrence of the vacancy. (Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 13. (SB 1 7x) Effective February 3, 2010.)
  78. 29739.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission must elect a chairperson, and later chairpersons serve two years. The chairperson also serves as a voting member of the Delta Stewardship Council.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29739. (a) The commission, during the first meeting of the commission after January 1, 2010, shall elect from among the members identified in subdivision (a) of Section 29735 a chairperson who shall serve for one year. (b) Subsequent chairpersons shall serve for two years and shall be elected from among the members identified in subdivision (a) of Section 29735. (c) The chairperson shall serve as a voting member of the Delta Stewardship Council. (Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 15. (SB 1 7x) Effective February 3, 2010.)
  79. 29740.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    Two legislative members are appointed as nonvoting members of the commission and must meet with and participate in the commission’s activities when that is not incompatible with their legislative roles.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29740. One nonvoting member who shall be a Member of the Senate, appointed by the Senate Committee on Rules, and one nonvoting member who shall be a Member of the Assembly, appointed by the Speaker of the Assembly, both of whom represent areas within the primary zone, shall meet with, and participate in the activities of, the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For the purpose of this division, those Members of the Legislature shall constitute a joint interim investigating committee on the subject of this division, and as such shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and Assembly. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  80. 29741.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Governor must set the time and place of the commission’s first meeting on or after January 1, 2010, and it cannot be scheduled later than January 31, 2010. After that first meeting, all meetings must be held in a city within the Delta.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 3. Organization [29735 - 29741] ( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29741. The time and place of the first meeting of the commission, on and after January 1, 2010, shall be prescribed by the Governor, but in no event shall it be scheduled for a date later than January 31, 2010. All meetings after the first meeting shall be held in a city within the Delta. (Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 16. (SB 1 7x) Effective February 3, 2010.)
  81. 29750.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission must meet at least twice a month, keep meetings open to the public, and publish meeting notices in the required newspaper on the required timeline.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29750. The commission shall meet at least bimonthly. All meetings shall be open to the public as required by law. Notice of the time and place of all regular and special meetings shall be published at least once in a newspaper of general circulation whose area of circulation is throughout the delta. Notice of any meeting shall be published at least seven days prior to the meeting date. (Amended by Stats. 1996, Ch. 568, Sec. 1. Effective January 1, 1997.)
  82. 29751.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission can conduct business only when a majority of its voting members form a quorum, most actions need a majority vote, and each member’s vote must be recorded individually.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29751. A majority of the voting members of the commission shall constitute a quorum for the transaction of the business of the commission. A majority vote of the voting membership shall be required to take action with respect to any matter unless otherwise specified in this division. The vote of each member shall be individually recorded. (Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 17. (SB 1 7x) Effective February 3, 2010.)
  83. 29752.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission must adopt its own rules, regulations, and procedures for its organization and operation, and it must hold meetings in compliance with the Bagley-Keene Open Meeting Act.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29752. The commission shall adopt its own rules, regulations, and procedures necessary for its organization and operation, and shall conduct its meetings in compliance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 18. (SB 1 7x) Effective February 3, 2010.)
  84. 29753.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission must appoint at least one advisory committee and seek advice from local-government advisory committees on Delta-related matters.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29753. (a) The commission shall appoint at least one advisory committee to provide recommendations regarding the diverse interests within the Delta. At a minimum, the advisory committees shall include representatives of state agencies and other stakeholders with interests in the Delta’s ecosystem, water supply, and socioeconomic sustainability, including, but not limited to, its recreational, agricultural, flood control, environmental, and water resources, and state, local, and utility infrastructure. The commission shall encourage participation of various federal agencies, including the United States Bureau of Reclamation, the United States Fish and Wildlife Service, the United States Army Corps of Engineers, and others as appropriate. (b) The commission may appoint committees from its membership or may appoint additional advisory committees from members of other interested public agencies and private groups. (c) The commission shall seek advice and recommendations from advisory committees appointed by local government that are involved in subject matters affecting the Delta. (Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 20. (SB 1 7x) Effective February 3, 2010.)
  85. 29754.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission must keep an office in the Delta or the City of Rio Vista and must make its public records available for inspection and copying. It may also rent or own property and equipment for that purpose.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29754. The commission shall establish and maintain an office within the Delta or the City of Rio Vista, and for this purpose the commission may rent or own property and equipment. Any rule, regulation, procedure, plan, or other record of the commission that constitutes a public record under state law shall be available for inspection and copying pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 388. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  86. 29755.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission must appoint an executive director and set that person’s salary. The executive director must manage the commission’s affairs and may enter contracts, but only under the commission’s directions and policies. The executive director must also get commission approval before appointing necessary employees.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29755. The commission shall appoint, and fix the salary of, an executive director who shall have charge of administering the affairs of the commission, including entering into contracts, subject to the directions and policies of the commission. The executive director shall, subject to the approval of the commission, appoint those employees that are necessary to carry out the functions of the commission. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  87. 29756.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission may promote, facilitate, and administer voluntary private and public wildlife and agricultural conservation easements in the delta.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29756. The commission may promote, facilitate, and administer the acquisition of voluntary private and public wildlife and agricultural conservation easements in the delta. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  88. 29756.5.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission may serve as the facilitating agency for certain joint habitat restoration or enhancement programs in the Delta’s primary zone.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29756.5. The commission may act as the facilitating agency for the implementation of any joint habitat restoration or enhancement programs located within the primary zone of the Delta, including, but not limited to, a national heritage area designation in the Delta. (Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 22. (SB 1 7x) Effective February 3, 2010.)
  89. 29757.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission may apply for and accept federal funds and other financial support, and may receive gifts, donations, rents, royalties, and certain state revenue sources.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29757. The commission may apply for and accept federal grants or other federal funds and receive gifts, donations, rents, royalties, state funds derived from bond sales, the proceeds of taxes or funds from any other state revenue sources, or any other financial support from public or private sources. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  90. 29758.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    Commission members are subject to Title 9 of the Government Code starting at Section 85100.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29758. All members of the commission are subject to Title 9 (commencing with Section 85100) of the Government Code. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  91. 29759.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission must prepare and adopt an economic sustainability plan by July 1, 2011.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 4. Powers and Duties of the Commission [29750 - 29759] ( Chapter 4 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29759. (a) Not later than July 1, 2011, the commission shall prepare and adopt, by a majority vote of the membership of the commission, an economic sustainability plan. The economic sustainability plan shall include information and recommendations that inform the Delta Stewardship Council’s policies regarding the socioeconomic sustainability of the Delta region. (b) The economic sustainability plan shall include, but not be limited to, all of the following: (1) Public safety recommendations, such as flood protection recommendations. (2) The economic goals, policies, and objectives in local general plans and other local economic efforts, including recommendations on continued socioeconomic sustainability of agriculture and its infrastructure and legacy communities in the Delta. (3) Comments and recommendations to the Department of Water Resources concerning its periodic update of the flood management plan for the Delta. (4) Identification of ways to encourage recreational investment along the key river corridors, as appropriate. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 23. (SB 1 7x) Effective February 3, 2010.)
  92. 29760.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission must prepare, adopt, review, and maintain a long-term resource management plan for the delta’s primary zone, and the plan must include specified content and protections.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29760. (a) Not later than October 1, 1994, the commission shall prepare and adopt, by a majority vote of the membership of the commission, and thereafter review and maintain, a comprehensive long-term resource management plan for land uses within the primary zone of the delta. The resource management plan shall consist of the map of the primary zone and text or texts setting forth a description of the needs and goals for the delta and a statement of the policies, standards, and elements of the resource management plan. (b) The resource management plan shall meet the following requirements: (1) Protect and preserve the cultural values and economic vitality that reflect the history, natural heritage, and human resources of the delta. (2) Conserve and protect the quality of renewable resources. (3) Preserve and protect agricultural viability. (4) Restore, improve, and manage levee systems by promoting strategies, including, but not limited to, methods and procedures which advance the adoption and implementation of coordinated and uniform standards among governmental agencies for the maintenance, repair, and construction of both public and private levees. (5) Preserve and protect delta dependent fisheries and their habitat. (6) Preserve and protect riparian and wetlands habitat, and promote and encourage a net increase in both the acreage and values of those resources on public lands and through voluntary cooperative arrangements with private property owners. (7) Preserve and protect the water quality of the delta, both for instream purposes and for human use and consumption. (8) Preserve and protect open-space and outdoor recreational opportunities. (9) Preserve and protect private property interests from trespassing and vandalism. (10) Preserve and protect opportunities for controlled public access and use of public lands and waterways consistent with the protection of natural resources and private property interests. (11) Preserve, protect, and maintain navigation. (12) Protect the delta from any development that results in any significant loss of habitat or agricultural land. (13) Promote strategies for the funding, acquisition, and maintenance of voluntary cooperative arrangements, such as conservation easements, between property owners and conservation groups that protect wildlife habitat and agricultural land, while not impairing the integrity of levees. (14) Permit water reservoir and habitat development that is compatible with other uses. (c) The resource management plan shall not supersede the authority of local governments over areas within the secondary zone. (d) To facilitate, in part, the requirements specified in paragraphs (8), (9), (10), and (11) of subdivision (b), the commission shall include in the resource management plan, in consultation with all law enforcement agencies having jurisdiction in the delta, a strategy for the implementation of a coordinated marine patrol system throughout the delta that will improve law enforcement and coordinate the use of resources by all jurisdictions to ensure an adequate level of public safety. The strategic plan shall identify resources to implement that coordination. The commission shall have no authority to abrogate the existing authority of any law enforcement agency. (e) To the extent that any of the requirements specified in this section are in conflict, nothing in this division shall deny the right of the landowner to continue the agricultural use of the land. (Amended by Stats. 1998, Ch. 584, Sec. 2.7. Effective January 1, 1999.)
  93. 29761.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission must adopt the economic sustainability plan and each update after holding at least three public hearings, including hearings in the north Delta, south Delta, and west Delta.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29761. The commission shall adopt, by a majority vote, the economic sustainability plan and each plan update after at least three public hearings, with at least one hearing held in a community in the north Delta, one hearing in the south Delta, and one hearing in the west Delta. (Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 25. (SB 1 7x) Effective February 3, 2010.)
  94. 29761.5.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission must periodically review and may amend the economic sustainability plan, send copies to specified public bodies, and the Delta Stewardship Council must review the plan for consistency with the Delta Plan.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29761.5. (a) The commission shall review, and, as determined to be necessary, amend the economic sustainability plan every five years on or before December 31 in years ending in six or one. (b) The commission shall transmit copies of the economic sustainability plan and any subsequent amendments to the Governor, Legislature, each local government as defined in Section 29725, and Delta Stewardship Council within 60 days of adoption or amendment. Within 180 days of the commission’s adoption or amendment of the economic sustainability plan, the Delta Stewardship Council shall review the economic sustainability plan for consistency with the Delta Plan. (Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 27. (SB 1 7x) Effective February 3, 2010.)
  95. 29763.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    Each local government must submit proposed general plan amendments to the commission within 180 days after the commission adopts the resources management plan or updates to it.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29763. Within 180 days from the date of the adoption of the resources management plan or any amendments, changes, or updates, to the resources management plan by the commission, each local government shall submit to the commission proposed amendments to its general plan that are intended to make the general plan consistent with the resources management plan with respect to land located within the primary zone. (Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 29. (SB 1 7x) Effective February 3, 2010.)
  96. 29763.5.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission must act on proposed local government general plan amendments within 60 days and may approve them only by majority vote after making the required written findings.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29763.5. The commission shall act on proposed local government general plan amendments within 60 days from the date of submittal of the proposed amendments. The commission shall approve the proposed general plan amendments by a majority vote of the commission membership, with regard to lands within the primary zone, only after making all of the following written findings as to the potential impact of the proposed amendments, to the extent that those impacts will not increase requirements or restrictions upon agricultural practices in the primary zone, based on substantial evidence in the record: (a) The general plan, and any development approved or proposed that is consistent with the general plan, are consistent with the resource management plan. (b) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in wetland or riparian loss. (c) The general plan, and development approved or proposed that is consistent with the general plan, will not result in the degradation of water quality. (d) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in increased nonpoint source pollution. (e) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in the degradation or reduction of Pacific Flyway habitat. (f) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in reduced public access, provided the access does not infringe on private property rights. (g) The general plan, and any development approved or proposed that is consistent with the general plan, will not expose the public to increased flood hazard. (h) The general plan, and any development approved or proposed that is consistent with the general plan, will not adversely impact agricultural lands or increase the potential for vandalism, trespass, or the creation of public or private nuisances on public or private land. (i) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in the degradation or impairment of levee integrity. (j) The general plan, and any development approved or proposed that is consistent with the general plan, will not adversely impact navigation. (k) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in any increased requirements or restrictions upon agricultural practices in the primary zone. (Amended by Stats. 1998, Ch. 584, Sec. 6. Effective January 1, 1999.)
  97. 29763.8.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    A local government must adopt its proposed general plan amendments within 120 days after commission approval.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29763.8. A local government shall adopt its proposed general plan amendments within 120 days after their approval by the commission. (Amended by Stats. 1994, Ch. 1155, Sec. 4. Effective September 30, 1994.)
  98. 29764.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission’s land use authority is limited to the primary zone and must not override local government general plans for lands in the secondary zone.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29764. Land use authority granted to the commission by this division is limited to the primary zone, and shall not preempt local government general plans for lands within the secondary zone. (Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 31. (SB 1 7x) Effective February 3, 2010.)
  99. 29765.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    A local government may approve development in the primary zone only after making specified written findings based on substantial evidence.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29765. Prior to the commission approving the general plan amendments of the local government, the local government may approve development within the primary zone only after making all of the following written findings on the basis of substantial evidence in the record: (a) The development will not result in wetland or riparian loss. (b) The development will not result in the degradation of water quality. (c) The development will not result in increased nonpoint source pollution or soil erosion, including subsidence or sedimentation. (d) The development will not result in degradation or reduction of Pacific Flyway habitat. (e) The development will not result in reduced public access, provided that access does not infringe upon private property rights. (f) The development will not expose the public to increased flood hazards. (g) The development will not adversely impact agricultural lands or increase the potential for vandalism, trespass, or the creation of public or private nuisances on private or public land. (h) The development will not result in the degradation or impairment of levee integrity. (i) The development will not adversely impact navigation. (j) The development will not result in any increased requirements or restrictions upon agricultural practices in the primary zone. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  100. 29766.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The division does not take away the right of private or public property owners and local governments to create agriculture preserves, make Land Conservation Act contracts, or impose other enforceable restrictions or zoning in the primary or secondary zone.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29766. Nothing in this division shall deny the right of private or public property owners and local governments to establish agriculture preserves and enter into contracts pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code) or apply other enforceable restrictions or zoning within the primary zone or the secondary zone. (Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
  101. 29767.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission may not use eminent domain to carry out the resource management plan unless the landowner requests it.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 5. Resource Management Plan [29760 - 29767] ( Chapter 5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29767. The commission may not exercise the power of eminent domain in implementing the resource management plan, unless requested by the landowner. (Amended by Stats. 1998, Ch. 584, Sec. 8. Effective January 1, 1999.)
  102. 29770.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 6. Appeal and Judicial Review [29770 - 29773] ( Chapter 6 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    An aggrieved person may appeal to the commission, and the commission must hear the appeal within 60 days unless it finds no jurisdiction or no appealable issue.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 6. Appeal and Judicial Review [29770 - 29773] ( Chapter 6 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29770. (a) Any person who is aggrieved by any action taken by a local government or other local agency in implementing the resource management plan, or otherwise taken pursuant to this division, may file an appeal with the commission. The ground for an appeal and the commission consideration of an appeal shall be that an action, as to land located exclusively within the primary zone, is inconsistent with the resource management plan, the approved portions of local government general plans that implement the resource management plan, or this division. The appeal shall be heard by the commission within 60 days from the date of the filing of the appeal, unless the commission, either itself or by delegation to the executive director, determines that the issue raised on appeal is not within the commission’s jurisdiction or does not raise an appealable issue. (b) In the absence of an appeal by an aggrieved person, the commission may decide by majority vote to review on appeal any action taken by a local government or other local agency in implementing the resource management plan, or otherwise taken pursuant to this division, for land located exclusively within the primary zone, if the commission believes the action may be inconsistent with the resource management plan, or this division. (c) The commission shall, by regulation, adopt administrative procedures governing those appeals. (d) The commission may comment on projects within the secondary zone that impact the primary zone. (Amended by Stats. 2006, Ch. 547, Sec. 4. Effective January 1, 2007.)
  103. 29771.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 6. Appeal and Judicial Review [29770 - 29773] ( Chapter 6 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    On appeal, the commission must either deny the appeal or send the matter back for reconsideration after specific findings. If the matter is remanded, the local government or local agency must modify the appealed action and resubmit it for review. The appealed action is not effective until the commission adopts written findings based on substantial evidence.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 6. Appeal and Judicial Review [29770 - 29773] ( Chapter 6 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29771. After a hearing on an appealed action pursuant to Section 29770, the commission shall either deny the appeal or remand the matter to the local government or local agency for reconsideration, after making specific findings. Upon remand, the local government or local agency shall modify the appealed action and resubmit the matter for review to the commission. A proposed action appealed pursuant to this section shall not be effective until the commission has adopted written findings, based on substantial evidence in the record, that the action is consistent with the resources management plan, the approved portions of local government general plans that implement the resources management plan, and this division. (Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 32. (SB 1 7x) Effective February 3, 2010.)
  104. 29772.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 6. Appeal and Judicial Review [29770 - 29773] ( Chapter 6 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    An aggrieved person may seek judicial review by petition for writ of mandate, but must file within 60 days of the commission action or the commission’s final appeal decision.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 6. Appeal and Judicial Review [29770 - 29773] ( Chapter 6 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29772. An aggrieved person may seek judicial review of any action taken by the commission in adopting the resource management plan or any action taken by a local government or other local agency that is appealable pursuant to subdivision (a) of Section 29770, by filing a petition for writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure within 60 days from the date that the commission action was taken or, if appealed to the commission, within 60 days from the final decision of the commission on the appeal. (Amended by Stats. 1998, Ch. 584, Sec. 11. Effective January 1, 1999.)
  105. 29773.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 6. Appeal and Judicial Review [29770 - 29773] ( Chapter 6 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission may review significant Delta Plan projects and give comments and recommendations to the Delta Stewardship Council, and the council must consider those recommendations.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 6. Appeal and Judicial Review [29770 - 29773] ( Chapter 6 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29773. (a) The commission may review and provide comments and recommendations to the Delta Stewardship Council on any significant project or proposed project within the scope of the Delta Plan, including, but not limited to, actions by state and federal agencies, that may affect the unique cultural, recreational, and agricultural values within the primary and secondary zones. Review and comment authority granted to the commission shall include, but is not limited to, all of the following: (1) Identification of impacts to the cultural, recreational, and agricultural values of the Delta. (2) Recommendations for actions that may avoid, reduce, or mitigate impacts to the cultural, recreational, and agricultural values of the Delta. (3) Review of consistency of the project or proposed project with the resources management plan and the Delta Plan. (4) Identification and recommendation of methods to address Delta community concerns regarding large-scale habitat plan development and implementation. (b) The council shall take into consideration the recommendations of the commission, including the recommendations included in the economic sustainability plan. If the council, in its discretion, determines that a recommendation of the commission is feasible and consistent with the objectives of the Delta Plan and the purposes of this division, the council shall adopt the recommendation. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 33. (SB 1 7x) Effective February 3, 2010.)
  106. 29776.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 7. Financial Provisions [29776 - 29778.5] ( Chapter 7 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Delta Protection Fund is created in the State Treasury, and its money may be used for commission support only if the Legislature appropriates it, up to $250,000 per fiscal year.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 7. Financial Provisions [29776 - 29778.5] ( Chapter 7 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29776. The Sacramento-San Joaquin Delta Protection Fund is hereby created in the State Treasury. Any money in the Sacramento-San Joaquin Delta Protection Fund is available, upon appropriation by the Legislature, for support of the commission in an amount not to exceed two hundred fifty thousand dollars ($250,000) in any fiscal year. (Amended by Stats. 1996, Ch. 568, Sec. 4. Effective January 1, 1997.)
  107. 29777.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 7. Financial Provisions [29776 - 29778.5] ( Chapter 7 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The commission must not spend more than the funds available to it in any fiscal year.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 7. Financial Provisions [29776 - 29778.5] ( Chapter 7 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29777. The commission shall not incur costs in excess of the amount of funds available for expenditure by the commission in any fiscal year. (Amended by Stats. 2004, Ch. 286, Sec. 15. Effective January 1, 2005.)
  108. 29778.5.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 7. Financial Provisions [29776 - 29778.5] ( Chapter 7 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    The Delta Investment Fund is created in the State Treasury, may receive money from public and private sources, and its funds may be used by the commission after legislative appropriation.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 7. Financial Provisions [29776 - 29778.5] ( Chapter 7 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29778.5. The Delta Investment Fund is hereby created in the State Treasury. Any funds within the Delta Investment Fund shall be available, upon appropriation by the Legislature, to the commission for the implementation of the regional economic sustainability plan, developed pursuant to Section 29759, for the purposes of enhancing Delta communities. The Delta Investment Fund may receive funds from federal, state, local, and private sources. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 35. (SB 1 7x) Effective February 3, 2010.)
  109. 29780.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 8. Annual Report [29780- 29780.] ( Chapter 8 added by Stats. 1992, Ch. 898, Sec. 2. )

    Verify source ↗

    Each year on January 1, the commission must send the Governor and the Legislature a report on progress under this division.

    ## Public Resources Code - PRC ## DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700 - 29780] ( Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2. ) ## CHAPTER 8. Annual Report [29780- 29780.] ( Chapter 8 added by Stats. 1992, Ch. 898, Sec. 2. ) ## 29780. On January 1 of each year, the commission shall submit to the Governor and the Legislature a report describing the progress that has been made in achieving the objectives of this division. The report shall include, but need not be limited to, all of the following: (a) An evaluation of the effectiveness of the commission in undertaking its functions prescribed in this division, including, but not limited to, its mandates as follows: (1) Determining the consistency of local general plans with the Delta Plan. (2) Outcomes of appealed local land use decisions pursuant to Sections 29770 and 29771. (3) Outcomes of reviews initiated by the commission. (4) Facilitating regional economic sustainability. (5) Supporting other regional activities for the enhancement of Delta communities. (b) An update of the economic sustainability plan, using baseline conditions set forth in the original economic sustainability plan. (c) The status of the environmental thresholds established by the commission in the original resource management plan. (Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 36. (SB 1 7x) Effective February 3, 2010.)
  110. 3.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )

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    People already holding office under a repealed act keep that office if the office is continued by this code.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 3. All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold the same according to the former tenure thereof. (Enacted by Stats. 1939, Ch. 93.)
  111. 3000.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The section says the definitions listed in this division control how the division is interpreted, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3000. Unless the context otherwise requires, the definitions hereinafter set forth shall govern the construction of this division. (Amended by Stats. 1955, Ch. 1670.)
  112. 30000.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This division is named the California Coastal Act of 1976 and may be cited that way.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30000. This division shall be known and may be cited as the California Coastal Act of 1976. (Added by Stats. 1976, Ch. 1330.)
  113. 30001.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    The Legislature declares that California’s coastal zone is a valuable natural resource that should be protected from deterioration and destruction.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30001. The Legislature hereby finds and declares: (a) That the California coastal zone is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced ecosystem. (b) That the permanent protection of the state’s natural and scenic resources is a paramount concern to present and future residents of the state and nation. (c) That to promote the public safety, health, and welfare, and to protect public and private property, wildlife, marine fisheries, and other ocean resources, and the natural environment, it is necessary to protect the ecological balance of the coastal zone and prevent its deterioration and destruction. (d) That existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to working persons employed within the coastal zone. (Amended by Stats. 1979, Ch. 1090.)
  114. 30001.2.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    The Legislature states that some coastal-dependent or coastal-impacting developments may need to be located in the coastal zone to preserve inland and coastal resources and support orderly economic development.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30001.2. The Legislature further finds and declares that, notwithstanding the fact electrical generating facilities, refineries, and coastal-dependent developments, including ports and commercial fishing facilities, offshore petroleum and gas development, and liquefied natural gas facilities, may have significant adverse effects on coastal resources or coastal access, it may be necessary to locate such developments in the coastal zone in order to ensure that inland as well as coastal resources are preserved and that orderly economic development proceeds within the state. (Added by Stats. 1976, Ch. 1330.)
  115. 30001.3.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    The Legislature declares that offshore wind energy is important, but it should be developed quickly in a way that avoids, minimizes, and mitigates impacts to ocean and coastal resources as much as practicable.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30001.3. The Legislature finds and declares all of the following: (a) Offshore wind energy generation is an important component of California’s renewable energy portfolio. (b) While offshore wind energy generation can provide significant climate and economic benefits, industrial scale development and deployment of offshore wind energy will also have impacts on coastal and ocean resources, fisheries, and coastal communities that are not yet fully understood. (c) The urgency of the climate crisis and the importance of ocean health to maintaining a livable planet necessitate the expeditious development of offshore wind energy generation facilities and associated infrastructure in a manner that also avoids, minimizes, and mitigates impacts to ocean and coastal resources to the maximum extent practicable. (d) Through science-based monitoring and mitigation, meaningful engagement with affected communities, adaptive management, and equitable workforce development, California can be a world leader in the rapid, just, and environmentally sustainable generation of renewable energy from offshore wind. (Added by Stats. 2023, Ch. 386, Sec. 2. (SB 286) Effective January 1, 2024.)
  116. 30001.5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section states California’s basic coastal-zone goals, including protecting coastal resources, ensuring balanced use and conservation, maximizing public access and recreation, prioritizing coastal-dependent development, encouraging coordinated planning, and addressing sea level rise.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30001.5. The Legislature further finds and declares that the basic goals of the state for the coastal zone are to: (a) Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources. (b) Ensure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state. (c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners. (d) Ensure priority for coastal-dependent and coastal-related development over other development on the coast. (e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. (f) Anticipate, assess, plan for, and, to the extent feasible, avoid, minimize, and mitigate the adverse environmental and economic effects of sea level rise within the coastal zone. (Amended by Stats. 2021, Ch. 236, Sec. 1. (SB 1) Effective January 1, 2022.)
  117. 30002.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    The Legislature finds that a coastal zone study was completed and that a plan for conserving, using, and managing coastal resources was prepared.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30002. The Legislature further finds and declares that: (a) The California Coastal Zone Conservation Commission, pursuant to the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000), has made a detailed study of the coastal zone; that there has been extensive participation by other governmental agencies, private interests, and the general public in the study; and that, based on the study, the commission has prepared a plan for the orderly, long-range conservation, use, and management of the natural, scenic, cultural, recreational, and manmade resources of the coastal zone. (b) Such plan contains a series of recommendations which require implementation by the Legislature and that some of those recommendations are appropriate for immediate implementation as provided for in this division while others require additional review. (Added by Stats. 1976, Ch. 1330.)
  118. 30003.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    Public agencies and federal agencies must comply with this division, as far as federal law, regulations, and the U.S. Constitution allow.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30003. All public agencies and all federal agencies, to the extent possible under federal law or regulations or the United States Constitution, shall comply with the provisions of this division. (Added by Stats. 1976, Ch. 1330.)
  119. 30004.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    The provision says California should rely heavily on local government and local land use planning, while also maintaining state coastal planning and management through a state coastal commission.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30004. The Legislature further finds and declares that: (a) To achieve maximum responsiveness to local conditions, accountability, and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement. (b) To ensure conformity with the provisions of this division, and to provide maximum state involvement in federal activities allowable under federal law or regulations or the United States Constitution which affect California’s coastal resources, to protect regional, state, and national interests in assuring the maintenance of the long-term productivity and economic vitality of coastal resources necessary for the well-being of the people of the state, and to avoid long-term costs to the public and a diminished quality of life resulting from the misuse of coastal resources, to coordinate and integrate the activities of the many agencies whose activities impact the coastal zone, and to supplement their activities in matters not properly within the jurisdiction of any existing agency, it is necessary to provide for continued state coastal planning and management through a state coastal commission. (Added by Stats. 1976, Ch. 1330.)
  120. 30005.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section says the Coastal Act does not limit certain local government powers, the Attorney General’s nuisance/waste enforcement power, or any person’s right to seek relief for private nuisance.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30005. No provision of this division is a limitation on any of the following: (a) Except as otherwise limited by state law, on the power of a city or county or city and county to adopt and enforce additional regulations, not in conflict with this act, imposing further conditions, restrictions, or limitations with respect to any land or water use or other activity which might adversely affect the resources of the coastal zone. (b) On the power of any city or county or city and county to declare, prohibit, and abate nuisances. (c) On the power of the Attorney General to bring an action in the name of the people of the state to enjoin any waste or pollution of the resources of the coastal zone or any nuisance. (d) On the right of any person to maintain an appropriate action for relief against a private nuisance or for any other private relief. (Added by Stats. 1976, Ch. 1330.)
  121. 30005.5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This provision says the division does not authorize local governments, and it does not authorize the commission to require a local government to use powers it does not already have or that are not specifically delegated under Section 30519.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30005.5. Nothing in this division shall be construed to authorize any local government, or to authorize the commission to require any local government, to exercise any power it does not already have under the Constitution and laws of this state or that is not specifically delegated pursuant to Section 30519. (Added by Stats. 1979, Ch. 744.)
  122. 30006.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    The public has a right to take part in decisions about coastal planning, conservation, and development.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30006. The Legislature further finds and declares that the public has a right to fully participate in decisions affecting coastal planning, conservation, and development; that achievement of sound coastal conservation and development is dependent upon public understanding and support; and that the continuing planning and implementation of programs for coastal conservation and development should include the widest opportunity for public participation. (Added by Stats. 1976, Ch. 1330.)
  123. 30006.5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    The commission should work with scientific and academic communities and build its own scientific expertise so it can get technical advice for coastal decisionmaking.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30006.5. The Legislature further finds and declares that sound and timely scientific recommendations are necessary for many coastal planning, conservation, and development decisions and that the commission should, in addition to developing its own expertise in significant applicable fields of science, interact with members of the scientific and academic communities in the social, physical, and natural sciences so that the commission may receive technical advice and recommendations with regard to its decisionmaking, especially with regard to issues such as coastal erosion and geology, agriculture, marine biodiversity, wetland restoration, sea level rise, offshore wind development, desalination plants, and the cumulative impact of coastal zone developments. (Amended by Stats. 2023, Ch. 292, Sec. 1. (SB 704) Effective January 1, 2024.)
  124. 30007.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    Local governments are not exempt from state and federal requirements about housing-related obligations.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30007. Nothing in this division shall exempt local governments from meeting the requirements of state and federal law with respect to providing low- and moderate-income housing, replacement housing, relocation benefits, or any other obligation related to housing imposed by existing law or any law hereafter enacted. (Added by Stats. 1976, Ch. 1330.)
  125. 30007.5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    When policies under this division conflict, they should be resolved in the way that best protects significant coastal resources overall.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30007.5. The Legislature further finds and recognizes that conflicts may occur between one or more policies of the division. The Legislature therefore declares that in carrying out the provisions of this division such conflicts be resolved in a manner which on balance is the most protective of significant coastal resources. In this context, the Legislature declares that broader policies which, for example, serve to concentrate development in close proximity to urban and employment centers may be more protective, overall, than specific wildlife habitat and other similar resource policies. (Added by Stats. 1976, Ch. 1330.)
  126. 30008.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section says the division serves as California’s coastal zone management program, and that California keeps exercising its existing or later-granted powers, rights, and privileges in excluded federal lands, as allowed by law.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30008. This division shall constitute California’s coastal zone management program within the coastal zone for purposes of the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.) and any other federal act heretofore or hereafter enacted or amended that relates to the planning or management of coastal zone resources; provided, however, that within federal lands excluded from the coastal zone pursuant to the Federal Coastal Zone Management Act of 1972, the State of California shall, consistent with applicable federal and state laws, continue to exercise the full range of powers, rights, and privileges it now possesses or which may be granted. (Amended by Stats. 1978, Ch. 1075.)
  127. 30009.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This division must be interpreted liberally to achieve its purposes and objectives.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30009. This division shall be liberally construed to accomplish its purposes and objectives. (Added by Stats. 1976, Ch. 1330.)
  128. 3001.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    In state-government references, “Department” means the Department of Conservation.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3001. “Department,” in reference to the government of this state, means the Department of Conservation. (Amended by Stats. 1965, Ch. 1144.)
  129. 30010.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section says the Coastal Act should not be read to let the commission, port governing body, or local government approve or deny permits in a way that would take or damage private property for public use without just compensation.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30010. The Legislature hereby finds and declares that this division is not intended, and shall not be construed as authorizing the commission, port governing body, or local government acting pursuant to this division to exercise their power to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or the United States. (Amended by Stats. 1991, Ch. 285, Sec. 2.)
  130. 30011.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    The commission may not review or require proof of compliance for local application of Section 65590, but it may request status information for certain coastal development permit applications.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30011. Nothing in this division shall authorize the commission to review a local government’s application of the requirements of Section 65590 of the Government Code to any development. In addition, the commission shall not require any applicant for a coastal development permit or any local government to provide certification or other evidence of compliance with the requirements of Section 65590 of the Government Code. The commission may, however, solely in connection with coastal development permit applications described in subdivision (c) of Section 30600.1, require information about the status of a local government’s action to apply the requirements of Section 65590 of the Government Code. This information shall be used for the purpose of determining time limits for commission action on these applications as provided in that subdivision (c). (Added by Stats. 1982, Ch. 43, Sec. 5. Effective February 17, 1982.)
  131. 30012.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    The commission must run a public education program on coastal and ocean resources, coordinate with other agencies, report annually to the Legislature, and make best efforts to ensure internship participants reflect California’s ethnic diversity and have a meaningful educational experience.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30012. (a) The Legislature finds that an educated and informed citizenry is essential to the well-being of a participatory democracy and is necessary to protect California’s finite natural resources, including the quality of its environment. The Legislature further finds that through education, individuals can be made aware of and encouraged to accept their share of the responsibility for protecting and improving the natural environment. (b) (1) The commission shall, to the extent that its resources permit, carry out a public education program that includes outreach efforts to schools, youth organizations, and the general public for the purpose of promoting understanding of, fostering a sense of individual responsibility for, and encouraging public initiatives and participation in programs for, the conservation and wise use of coastal and ocean resources. Emphasis shall be given to volunteer efforts such as the Adopt-A-Beach program. (2) In carrying out this program, the commission shall coordinate with other agencies to avoid duplication and to maximize information sharing. (c) The commission is encouraged to seek funding from any appropriate public or private source and may apply for and expend any grant or endowment funds for the purposes of this section without the need to specifically include funds in its budget. Any funding made available to the commission for these purposes shall be reported to the fiscal committee of each house of the Legislature at the time its budget is being formally reviewed. (d) The commission is encouraged to seek and utilize interns for the purpose of assisting its regular staff in carrying out the purposes of this section and this division and, notwithstanding any other provision of law, may participate in any internship program the executive director determines to be appropriate. With respect to any internship program the commission uses, it shall make the best efforts to ensure that the participants in the program reflect the ethnic diversity of the state and are provided an educational and meaningful experience. (e) The commission shall submit to each house of the Legislature an annual report describing the progress it is making in carrying out this section. (Added by Stats. 1991, Ch. 802, Sec. 1.)
  132. 30013.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section says California coastal act programs and activities may not unlawfully deny full and equal access or discriminate on listed protected grounds.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 1. Findings and Declarations and General Provisions [30000 - 30013] ( Chapter 1 added by Stats. 1976, Ch. 1330. ) ## 30013. The Legislature further finds and declares that in order to advance the principles of environmental justice and equality, subdivision (a) of Section 11135 of the Government Code and subdivision (e) of Section 65040.12 of the Government Code apply to the commission and all public agencies implementing the provisions of this division. As required by Section 11135 of the Government Code, no person in the State of California, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, shall be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination, under any program or activity that is conducted, operated, or administered pursuant to this division, is funded directly by the state for purposes of this division, or receives any financial assistance from the state pursuant to this division. (Added by Stats. 2016, Ch. 578, Sec. 1. (AB 2616) Effective January 1, 2017.)
  133. 3002.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section defines what “Division” means in this code section.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3002. “Division,” in reference to the government of this state, means the Geologic Energy Management Division in the Department of Conservation; otherwise “division” means Division 3 (commencing with Section 3000) of the Public Resources Code. (Amended by Stats. 2019, Ch. 771, Sec. 8. (AB 1057) Effective January 1, 2020.)
  134. 3003.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    “Director” means the Director of Conservation.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3003. “Director” means the Director of Conservation. (Amended by Stats. 1965, Ch. 1144.)
  135. 3004.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    “Supervisor” means the State Oil and Gas Supervisor.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3004. “Supervisor” means the State Oil and Gas Supervisor. (Enacted by Stats. 1939, Ch. 93.)
  136. 3005.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section defines “person” to include an individual, firm, association, corporation, or any other group acting as a unit.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3005. “Person” includes any individual, firm, association, corporation, or any other group or combination acting as a unit. (Enacted by Stats. 1939, Ch. 93.)
  137. 3006.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section defines “oil” and “petroleum” as including each other.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3006. “Oil” includes petroleum, and “petroleum” includes oil. (Enacted by Stats. 1939, Ch. 93.)
  138. 3007.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section defines “gas” as any natural hydrocarbon gas coming from the earth.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3007. “Gas” means any natural hydrocarbon gas coming from the earth. (Amended by Stats. 1957, Ch. 405.)
  139. 3008.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section defines several kinds of oil and gas wells and sets conditions for an active observation well.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3008. (a) “Well” means any oil or gas well or well for the discovery of oil or gas; any well on lands producing or reasonably presumed to contain oil or gas; any well drilled for the purpose of injecting fluids or gas for stimulating oil or gas recovery, repressuring or pressure maintenance of oil or gas reservoirs, or disposing of waste fluids from an oil or gas field; any well used to inject or withdraw gas from an underground storage facility; or any well drilled within or adjacent to an oil or gas pool for the purpose of obtaining water to be used in production stimulation or repressuring operations. (b) “Prospect well” or “exploratory well” means any well drilled to extend a field or explore a new, potentially productive reservoir. (c) “Active observation well” means a well being used for the sole purpose of gathering reservoir data, such as pressure or temperature in a reservoir being currently produced or injected by the operator. For a well to be an active observation well, the operator shall demonstrate to the division’s satisfaction that the well fulfills a need for gathering reservoir data, and the operator shall provide the division with a summary report of the type of data collected at least annually or as requested by the division. (d) “Idle well” means any well that for a period of 24 consecutive months has not either produced oil or natural gas, produced water to be used in production stimulation, or been used for enhanced oil recovery, reservoir pressure management, or injection. For the purpose of determining whether a well is an idle well, production or injection is subject to verification by the division. An idle well continues to be an idle well until it has been properly abandoned in accordance with Section 3208 or it has been shown to the division’s satisfaction that, since the well became an idle well, the well has for a continuous six-month period either maintained production of oil or natural gas, maintained production of water used in production stimulation, or been used for enhanced oil recovery, reservoir pressure management, or injection. An idle well does not include an active observation well. (e) “Long-term idle well” means any well that has been an idle well for eight or more years. (f) “Low-production well” means an oil or gas well that produces, on average, fewer than 15 barrels of oil a day during the past 12 consecutive months, or a natural gas well whose maximum daily average gas production does not exceed 60,000 cubic feet of gas, per day, during the past 12 consecutive months. A low-production well does not include a natural gas storage well, a dedicated injection well, an active observation well, an idle well as defined in subdivision (d), or a fully plugged and abandoned well. (Amended by Stats. 2024, Ch. 549, Sec. 2. (AB 2716) Effective January 1, 2025.)
  140. 3009.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    “Operator” means a person who has the right, under ownership, a lease, or another agreement, to drill, operate, maintain, or control a well or production facility.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3009. “Operator” means a person who, by virtue of ownership, or under the authority of a lease or any other agreement, has the right to drill, operate, maintain, or control a well or production facility. (Amended by Stats. 2008, Ch. 562, Sec. 3. Effective January 1, 2009.)
  141. 3010.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section defines “production facility” for oil and gas law.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3010. “Production facility” means any equipment attendant to oil and gas production or injection operations including, but not limited to, tanks, flowlines, headers, gathering lines, wellheads, heater treaters, pumps, valves, compressors, injection equipment, and pipelines that are not under the jurisdiction of the State Fire Marshal pursuant to Section 51010 of the Government Code. (Added by Stats. 2008, Ch. 562, Sec. 4. Effective January 1, 2009.)
  142. 30100.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    The chapter’s definitions apply to this division unless the context requires a different meaning.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30100. Unless the context otherwise requires, the definitions in this chapter govern the interpretation of this division. (Added by Stats. 1976, Ch. 1330.)
  143. 30100.2.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    Aquaculture is treated as agriculture, and aquaculture products, facilities, and land uses are treated as agricultural products, facilities, and land uses for planning and permit decisions under this division.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30100.2. “Aquaculture” means a form of agriculture as defined in Section 17 of the Fish and Game Code. Aquaculture products are agricultural products, and aquaculture facilities and land uses shall be treated as agricultural facilities and land uses in all planning and permit-issuing decisions governed by this division. (Amended by Stats. 1983, Ch. 131, Sec. 30. Effective June 27, 1983.)
  144. 30100.5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    “Coastal county” means a county or city and county that lies, in whole or in part, within the coastal zone.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30100.5. “Coastal county” means a county or city and county which lies, in whole or in part, within the coastal zone. (Added by Stats. 1976, Ch. 1330.)
  145. 30101.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “coastal-dependent development or use” as development or use that needs a site on or adjacent to the sea to function.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30101. “Coastal-dependent development or use” means any development or use which requires a site on, or adjacent to, the sea to be able to function at all. (Added by Stats. 1976, Ch. 1330.)
  146. 30101.3.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “coastal-related development” as any use that depends on a coastal-dependent development or use.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30101.3. “Coastal-related development” means any use that is dependent on a coastal-dependent development or use. (Added by Stats. 1979, Ch. 1090.)
  147. 30101.5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “coastal development permit” as a permit for development in the coastal zone that is required under Section 30600(a).

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30101.5. “Coastal development permit” means a permit for any development within the coastal zone that is required pursuant to subdivision (a) of Section 30600. (Added by Stats. 1976, Ch. 1330.)
  148. 30102.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    “Coastal plan” means the California Coastal Zone Conservation Plan described in this section.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30102. “Coastal plan” means the California Coastal Zone Conservation Plan prepared and adopted by the California Coastal Zone Conservation Commission and submitted to the Governor and the Legislature on December 1, 1975, pursuant to the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000). (Added by Stats. 1976, Ch. 1330.)
  149. 30103.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines the coastal zone and requires the commission to prepare and file a detailed coastal zone map. It also lets the commission adjust the inland or seaward boundary within stated limits.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30103. (a) “Coastal zone” means that land and water area of the State of California from the Oregon border to the border of the Republic of Mexico, specified on the maps identified and set forth in Section 17 of Chapter 1330 of the Statutes of 1976, extending seaward to the state’s outer limit of jurisdiction, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than 1,000 yards. The coastal zone does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, nor any area contiguous thereto, including any river, stream, tributary, creek, or flood control or drainage channel flowing into such area. (b) The commission shall, within 60 days after its first meeting, prepare and adopt a detailed map, on a scale of one inch equals 24,000 inches for the coastal zone and shall file a copy of the map with the county clerk of each coastal county. The purpose of this provision is to provide greater detail than is provided by the maps identified in Section 17 of Chapter 1330 of the Statutes of 1976. The commission may adjust the inland boundary of the coastal zone the minimum landward distance necessary up to a maximum of 100 yards except as otherwise provided in this subdivision, or the minimum distance seaward necessary up to a maximum of 200 yards, to avoid bisecting any single lot or parcel or to conform it to readily identifiable natural or manmade features. Where a landward adjustment is requested by the local government and agreed to by the property owner, the maximum distance shall be 200 yards. (Amended by Stats. 2015, Ch. 303, Sec. 434. (AB 731) Effective January 1, 2016.)
  150. 30105.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “Commission” as the California Coastal Commission and “Regional commission” as any regional coastal commission.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30105. (a) “Commission” means the California Coastal Commission. Whenever the term California Coastal Zone Conservation Commission appears in any law, it means the California Coastal Commission. (b) “Regional commission” means any regional coastal commission. Whenever the term regional coastal zone conservation commission appears in any law, it means the regional coastal commission. (Added by Stats. 1976, Ch. 1330.)
  151. 30105.5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “cumulatively” or “cumulative effect” as reviewing a project’s incremental effects together with past, current, and probable future projects.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30105.5. “Cumulatively” or “cumulative effect” means the incremental effects of an individual project shall be reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. (Added by Stats. 1980, Ch. 1087, Sec. 1. Effective September 26, 1980.)
  152. 30106.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “development” and “structure” for the California Coastal Act.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30106. “Development” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Added by Stats. 1976, Ch. 1330.)
  153. 30107.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    “Energy facility” is defined as a public or private facility that processes, produces, generates, stores, transmits, or recovers energy-related resources.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30107. “Energy facility” means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. (Added by Stats. 1976, Ch. 1330.)
  154. 30107.3.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “Environmental justice” as fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins in environmental law and policy processes.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30107.3. (a) “Environmental justice” means the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins, with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. (b) “Environmental justice” includes, but is not limited to, all of the following: (1) The availability of a healthy environment for all people. (2) The deterrence, reduction, and elimination of pollution burdens for populations and communities experiencing the adverse effects of that pollution, so that the effects of the pollution are not disproportionately borne by those populations and communities. (3) Governmental entities engaging and providing technical assistance to populations and communities most impacted by pollution to promote their meaningful participation in all phases of the environmental and land use decisionmaking process. (4) At a minimum, the meaningful consideration of recommendations from populations and communities most impacted by pollution into environmental and land use decisions. (Amended by Stats. 2019, Ch. 360, Sec. 4. (AB 1628) Effective January 1, 2020.)
  155. 30107.5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “environmentally sensitive area.”

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30107.5. “Environmentally sensitive area” means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. (Added by Stats. 1976, Ch. 1331.)
  156. 30108.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    “Feasible” means something can be done successfully within a reasonable time, considering economic, environmental, social, and technological factors.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30108. “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (Added by Stats. 1976, Ch. 1330.)
  157. 30108.2.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    “Fill” means earth or other material, including pilings used to erect structures, when placed in a submerged area.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30108.2. “Fill” means earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area. (Added by Stats. 1976, Ch. 1330.)
  158. 30108.4.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    “Implementing actions” means certain ordinances, regulations, or programs submitted under Section 30502.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30108.4. “Implementing actions” means the ordinances, regulations, or programs which implement either the provisions of the certified local coastal program or the policies of this division and which are submitted pursuant to Section 30502. (Added by Stats. 1976, Ch. 1330.)
  159. 30108.5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “land use plan.”

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30108.5. “Land use plan” means the relevant portions of a local government’s general plan, or local coastal element which are sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resource protection and development policies and, where necessary, a listing of implementing actions. (Amended by Stats. 1976, Ch. 1331.)
  160. 30108.55.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    “Local coastal element” means the part of a general plan that applies to the coastal zone, and it may also include other general plan elements prepared under the cited Government Code section if the local government chooses.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30108.55. “Local coastal element” is that portion of a general plan applicable to the coastal zone which may be prepared by local government pursuant to this division, or any additional elements of the local government’s general plan prepared pursuant to Section 65303 of the Government Code, as the local government deems appropriate. (Amended by Stats. 1984, Ch. 1009, Sec. 41.)
  161. 30108.6.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    A “local coastal program” means a local government’s land use plans, zoning ordinances, zoning district maps, and certain other implementing actions in sensitive coastal resource areas.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30108.6. “Local coastal program” means a local government’s (a) land use plans, (b) zoning ordinances, (c) zoning district maps, and (d) within sensitive coastal resources areas, other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of, this division at the local level. (Amended by Stats. 1979, Ch. 919.)
  162. 30109.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “local government” for the chapter.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30109. “Local government” means any chartered or general law city, chartered or general law county, or any city and county. (Added by Stats. 1976, Ch. 1330.)
  163. 3011.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The supervisor must coordinate with specified state agencies and entities to support California’s climate and clean energy goals.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3011. (a) The purposes of this division include protecting public health and safety and environmental quality, including reduction and mitigation of greenhouse gas emissions associated with the development of hydrocarbon and geothermal resources in a manner that meets the energy needs of the state. (b) The supervisor shall coordinate with other state agencies and entities described in subdivision (f) of Section 38501 of the Health and Safety Code in furtherance of the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and to help support the state’s clean energy goals. (Added by Stats. 2019, Ch. 771, Sec. 9. (AB 1057) Effective January 1, 2020.)
  164. 30110.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    “Permit” includes licenses, certificates, approvals, and other entitlements for use that are granted or denied by a public agency and are subject to this division.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30110. “Permit” means any license, certificate, approval, or other entitlement for use granted or denied by any public agency which is subject to the provisions of this division. (Added by Stats. 1976, Ch. 1330.)
  165. 30111.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “person” broadly to include individuals, organizations, business entities, governments, special districts, and their agencies.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30111. “Person” means any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof. (Amended by Stats. 1994, Ch. 1010, Sec. 217. Effective January 1, 1995.)
  166. 30112.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    “Port governing body” means the Board of Harbor Commissioners or Board of Port Commissioners for certain listed ports.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30112. “Port governing body” means the Board of Harbor Commissioners or Board of Port Commissioners which has authority over the Ports of Hueneme, Long Beach, Los Angeles, and San Diego Unified Port District. (Added by Stats. 1976, Ch. 1330.)
  167. 30113.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “prime agricultural land” by reference to specified lands in Government Code Section 51201.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30113. “Prime agricultural land” means those lands defined in paragraph (1), (2), (3), or (4) of subdivision (c) of Section 51201 of the Government Code. (Amended by Stats. 1982, Ch. 43, Sec. 5.1. Effective February 17, 1982.)
  168. 30114.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “public works” to include listed utility, transportation, recreational, coastal, and community college facilities, with specific exclusions.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30114. “Public works” means the following: (a) All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities. (b) All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities. For purposes of this division, neither the Ports of Hueneme, Long Beach, Los Angeles, nor San Diego Unified Port District nor any of the developments within these ports shall be considered public works. (c) All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district. (d) All community college facilities. (Amended by Stats. 1985, Ch. 392, Sec. 3.)
  169. 30114.5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “residential development project” as a multifamily housing project that is exclusively residential and has four or more units.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30114.5. “Residential development project” means a multifamily housing project that consists exclusively of residential uses and includes four or more units. (Added by Stats. 2025, Ch. 22, Sec. 62. (AB 130) Effective June 30, 2025.)
  170. 30115.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “sea” for the Coastal Act and excludes certain inland waters and the San Francisco Bay Commission’s jurisdiction area.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30115. “Sea” means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and drainage channels. “Sea” does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, including any river, stream, tributary, creek, or flood control or drainage channel flowing directly or indirectly into such area. (Amended by Stats. 1976, Ch. 1331.)
  171. 30116.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “sensitive coastal resource areas” and lists several kinds of land and water areas that are included.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30116. “Sensitive coastal resource areas” means those identifiable and geographically bounded land and water areas within the coastal zone of vital interest and sensitivity. “Sensitive coastal resource areas” include the following: (a) Special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped and designated in Part 4 of the coastal plan. (b) Areas possessing significant recreational value. (c) Highly scenic areas. (d) Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer. (e) Special communities or neighborhoods which are significant visitor destination areas. (f) Areas that provide existing coastal housing or recreational opportunities for low- and moderate-income persons. (g) Areas where divisions of land could substantially impair or restrict coastal access. (Added by Stats. 1976, Ch. 1330.)
  172. 30118.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “special district.”

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30118. “Special district” means any public agency, other than a local government as defined in this chapter, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries. “Special district” includes, but is not limited to, a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area, formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefiting that area. (Added by Stats. 1976, Ch. 1330.)
  173. 30118.5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “special treatment area” as a qualifying forested area in the coastal zone.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30118.5. “Special treatment area” means an identifiable and geographically bounded forested area within the coastal zone that constitutes a significant habitat area, area of special scenic significance, and any land where logging activities could adversely affect a public recreation area or the biological productivity of any wetland, estuary, or stream especially valuable because of its role in a coastal ecosystem. (Amended by Stats. 2006, Ch. 538, Sec. 585. Effective January 1, 2007.)
  174. 30119.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “State university” as the University of California and the California State University.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30119. “State university” means the University of California and the California State University. (Amended by Stats. 1983, Ch. 143, Sec. 214.)
  175. 3012.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This division applies to land or wells inside an incorporated city where oil drilling is prohibited, until all wells there have been abandoned as required by the chapter.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3012. The provisions of this division apply to any land or well situated within the boundaries of an incorporated city in which the drilling of oil wells is now or may hereafter be prohibited, until all wells therein have been abandoned as provided in this chapter. (Amended by Stats. 1972, Ch. 898.)
  176. 30120.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “Treatment works” by reference to the Federal Water Pollution Control Act and any later federal act that amends or supplements it.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30120. “Treatment works” shall have the same meaning as set forth in the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) and any other federal act which amends or supplements the Federal Water Pollution Control Act. (Added by Stats. 1976, Ch. 1330.)
  177. 30121.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    “Wetland” is defined as coastal-zone land that may be covered periodically or permanently by shallow water and includes listed marshes, swamps, mudflats, and fens.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30121. “Wetland” means lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. (Added by Stats. 1976, Ch. 1330.)
  178. 30122.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. )

    Verify source ↗

    This section defines “zoning ordinance.”

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2. Definitions [30100 - 30122] ( Chapter 2 added by Stats. 1976, Ch. 1330. ) ## 30122. “Zoning ordinance” means an ordinance authorized by Section 65850 of the Government Code or, in the case of a charter city, a similar ordinance enacted pursuant to the authority of its charter. (Added by Stats. 1979, Ch. 919.)
  179. 3013.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This division must be interpreted broadly, and the director and supervisor may exercise all powers needed to carry out the division’s purposes, including adopting rules and regulations.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3013. This division shall be liberally construed to meet its purposes, and the director and the supervisor, acting with the approval of the director, shall have all powers, including the authority to adopt rules and regulations, which may be necessary to carry out the purposes of this division. (Amended by Stats. 1992, Ch. 999, Sec. 14. Effective January 1, 1993.)
  180. 3014.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    “District” means an oil and gas district as provided for in Section 3100.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3014. “District” means an oil and gas district as provided for in Section 3100. (Added by renumbering Section 3015 by Stats. 1974, Ch. 765.)
  181. 3015.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The supervisor may make certain natural-gas production determinations, and those determinations must follow procedures in guidelines adopted by the supervisor.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3015. For the purpose of implementing Section 503 of the Natural Gas Policy Act of 1978, the supervisor may make the determinations entrusted to state agencies having regulatory jurisdiction with respect to the production of natural gas. Such determinations shall be made pursuant to procedures prescribed in guidelines adopted by the supervisor. (Added by Stats. 1979, Ch. 725.)
  182. 30150.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    The coastal zone inland boundary is changed to match maps 1 to 35 adopted by the commission and on file in its office.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30150. Notwithstanding the maps adopted pursuant to Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976, the inland boundary of the coastal zone, as shown on the detailed coastal maps adopted by the commission on March 1, 1977, is amended by maps 1 to 35, inclusive, dated September 12, 1979, and which are on file in the office of the commission. Maps 1 to 35, inclusive, are hereby adopted by reference. The areas deleted and added to the coastal zone are specifically shown on maps 1 to 35, inclusive, adopted by this section, and are generally described in this chapter. (Amended by Stats. 1998, Ch. 829, Sec. 48. Effective January 1, 1999.)
  183. 30152.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    This section excludes several specified areas in Del Norte County from the coastal zone boundary.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30152. In Del Norte County: (a) Near the community of Smith River, approximately 255 acres are excluded as specifically shown on map 1. (b) The Fort Dick, Kings Valley, and Meadowbrook Acres areas are excluded as specifically shown on maps 2 and 3. (c) In and near the City of Crescent City, approximately 2,250 acres between Lake Earl Drive and State Highway Route 101 and other partially urbanized areas, such as the Bertsch Subdivision, are excluded as specifically shown on maps 2 and 3. (d) In the City of Crescent City, approximately two acres are excluded as specifically shown on map 2A, dated May 5, 1982, and filed on May 20, 1982, with the Office of the Secretary of State. (Amended by Stats. 1982, Ch. 1470, Sec. 1. Effective September 28, 1982.)
  184. 30154.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    In Humboldt County, specified areas in Fortuna and Ferndale are excluded, the city must consider local coastal program work when preparing or revising its general plan, and the State Coastal Conservancy may do projects in the city without commission approval.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30154. In Humboldt County: (a) In and near the City of Fortuna, approximately 265 acres seaward of State Highway Route 101 are excluded as specifically shown on map 4. (b) All of the incorporated land of the City of Ferndale as of January 1, 1979, is excluded as specifically shown on map 4A. The city shall consider work completed pursuant to its local coastal program in the course of preparing or revising its general plan. Notwithstanding any provision of Division 21 (commencing with Section 31000) to the contrary, the State Coastal Conservancy may undertake projects within the city without approval of the commission. (Added by Stats. 1979, Ch. 1109.)
  185. 30156.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    In San Mateo County, within the Butano Creek watershed, the coastal boundary is moved seaward to the five-mile limit described in Section 30103 and shown on map 5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30156. In San Mateo County, within the Butano Creek watershed, the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on map 5. (Added by Stats. 1979, Ch. 1109.)
  186. 30156.1.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    This section includes about 11 acres in Pacifica, San Mateo County, within the coastal boundary map described in the text.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30156.1. In San Mateo County, in the City of Pacifica, approximately 11 acres situated east of State Highway Route 1 and described in Director’s Deed DD-028764-01-01 from the Director of Transportation, is included, as specifically shown on Map 5. (Added by Stats. 1988, Ch. 1381, Sec. 2. Repealed conditionally on January 1, 1994, by Sec. 4 of Ch. 1381.)
  187. 30158.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    In Santa Cruz County, the coastal boundary is moved seaward near Bonny Doon and about 40 acres in the southwest part of Watsonville are excluded.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30158. In Santa Cruz County: (a) Near the community of Bonny Doon, the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on maps 6 and 7. (b) In the Watsonville area approximately 40 acres in the southwest portion of the city are excluded as specifically shown on map 8. (Added by Stats. 1979, Ch. 1109.)
  188. 3016.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Abandoned underground personal property, including a well, becomes the mineral interest owner’s property when the operator loses the right to remove it; the mineral interest owner may also be jointly liable for the well in a specified control-retention situation.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3016. For purposes of this chapter, abandoned underground personal property, including a well, of an operator shall become the property of the mineral interest owner when the operator loses the right to remove the personal property under common law or under a lease or any other agreement that initially gave the operator the right to drill, operate, maintain, or control the well. In that case, in accordance with paragraph (3) of subdivision (c) of Section 3237, the mineral interest owner shall be held jointly liable for the well if, in the lease or other conveyance, the mineral interest owner retained a right to control the well operations that exceeds the scope of an interest customarily reserved in a lease or other conveyance in the event of default. (Added by Stats. 2016, Ch. 272, Sec. 2. (AB 2729) Effective January 1, 2017.)
  189. 30160.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    This section changes the coastal zone boundary in Monterey County by excluding or adding specific areas and setting some buffer areas that are not excluded.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30160. In Monterey County: (a) In the City of Marina, approximately 400 acres between Del Monte Boulevard and the new alignment of State Highway Route 1 are excluded as specifically shown on map 9. (b) In the City of Sand City approximately 125 acres landward of a 200-foot buffer along the new alignment of State Highway Route 1 are excluded as specifically shown on map 10; provided, however, a buffer of 100 feet along either side of the railroad right-of-way through the city together with such right-of-way are not excluded. (c) In the City of Seaside approximately 29 acres northeast of Laguna del Rey are excluded as specifically shown on map 10; provided, however, a 125-foot buffer along the edge of Laguna Grande, a 100-foot buffer along each side of the channel connecting Roberts Lake and Laguna Grande, and a 100-foot buffer along either side of the railroad right-of-way together with such right-of-way are not excluded. (d) In the City of Monterey, the downtown area, and the Cannery Row area between Lighthouse Avenue and the extreme edge of the railroad right-of-way, are excluded as specifically shown on map 11; provided, however, that the one block area bounded by Foam Street and Wave Street, and Prescott Avenue and Hoffman Avenue, is not excluded. Notwithstanding any map referenced by Section 30150, dated September 12, 1979, and filed on September 14, 1979, with the office of the Secretary of State, the inland coastal zone boundary described in this subdivision shall be as prescribed by the amendments to this section made during the second year of the 1979–80 Regular Session of the Legislature. (e) In the City of Pacific Grove approximately 300 acres are excluded as specifically shown on map 11; provided, however, that the railroad right-of-way is not excluded. (f) In the Del Monte Forest, approximately 90 acres known as the Navaho Tract are added as specifically shown on map 11. (g) In the area between the intersection of the boundary and the easterly line of Section 26, T. 17 S., R. 1 E., M.D.M. and the intersection of the boundary and the northeasterly corner of Section 1, T. 19 S., R. 1 E., M.D.M., and in the vicinity of the head of the Middle Fork of Devil’s Canyon and the head of the South Fork of Devil’s Canyon the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on maps 12, 13, and 14. (Amended by Stats. 1980, Ch. 170, Sec. 1. Effective June 12, 1980.)
  190. 30162.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    Santa Barbara County coastal zone boundaries are revised in specified areas, with one housing-project area excluded from the addition.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30162. In Santa Barbara County: (a) In Rancho San Julian and generally within the watershed of Jalama Creek, the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on map 16. (b) In the Devereux Lagoon and Goleta Slough areas, approximately 170 acres are excluded and 245 acres are added as specifically shown on maps 17 and 18; provided, however, that the land areas on which the University of California has proposed a 200 unit housing project are not included. (Added by Stats. 1979, Ch. 1109.)
  191. 30164.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    This section changes the coastal zone boundary in Ventura County by adding and excluding specified acreage in named locations and moving one boundary seaward to the five-mile limit.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30164. In Ventura County: (a) Near the mouth of the Ventura River, approximately 190 acres are added as specifically shown on map 19. (b) In the City of San Buenaventura, approximately 240 acres are excluded as specifically shown on map 19. (c) In the City of Oxnard and a small unincorporated area, approximately 130 acres are excluded and approximately 85 acres are added as specifically shown on map 20. (d) In the area described as Section 36, T. 1 N., R. 20 W., S.B.B.L., the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on map 21. (Added by Stats. 1979, Ch. 1109.)
  192. 30166.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    This section changes parts of the coastal zone boundary in Los Angeles County, adding some lands and excluding others, and adjusts one inland boundary near Los Angeles International Airport.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30166. In Los Angeles County: (a) In three locations within the Santa Monica Mountains, the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on maps 22, 23, and 24. (b) In the Temescal Canyon watershed in the City of Los Angeles, all lands owned or controlled by the Presbyterian Synod, the University of California, the Los Angeles County Sanitation District, and the Los Angeles Unified School District are added. (c) In the Cities of Los Angeles and El Segundo, the areas east of Vista del Mar that include the Scattergood Steam Plant, the Hyperion Sewage Treatment Plant, and portions of an oil refinery are excluded as specifically shown on map 25. In adopting this boundary change, the Legislature specifically reaffirms the existing location of the coastal zone boundary in the Venice area of the City of Los Angeles. (d) In the City of Manhattan Beach, approximately 140 acres, and in the City of Hermosa Beach, approximately 170 acres, are excluded as specifically shown on maps 25 and 26. (e) In the City of Palos Verdes Estates, approximately 95 acres landward of Paseo del Mar are excluded as specifically shown on map 26. (f) In the City of Long Beach, the area near Colorado Lagoon is excluded as specifically shown on map 27. (g) In the City of Long Beach, the area commencing at the intersection of the existing coastal zone boundary at Colorado Street and Pacific Coast Highway, thence southerly along Pacific Coast Highway to the intersection of Loynes Drive, thence easterly along Loynes Drive to the intersection of Los Cerritos Channel, thence northerly along Los Cerritos Channel to the existing coastal zone boundary, is excluded as specifically shown on map 27A. (h) Notwithstanding map number 138 adopted pursuant to Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976, the inland boundary of the coastal zone in Los Angeles County in the vicinity of Los Angeles International Airport shall be the Pershing Drive built after January 1, 1970, rather than the Pershing Drive built before that date. (Amended by Stats. 2025, Ch. 102, Sec. 3. (SB 856) Effective January 1, 2026.)
  193. 30166.5.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    The commission must submit an initial draft and later adopt a local coastal program for the City of Malibu area by the stated deadlines; after certification, Malibu must immediately assume coastal development permitting authority.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30166.5. (a) On or before January 15, 2002, the commission shall submit to the City of Malibu an initial draft of the land use portion of the local coastal program for the City of Malibu portion of the coastal zone, which is specifically delineated on maps 133, 134, 135, and 136, which were placed on file with the Secretary of State on September 14, 1979. (b) On or before September 15, 2002, the commission shall, after public hearing and consultation with the City of Malibu, adopt a local coastal program for that area within the City of Malibu portion of the coastal zone that is specifically delineated on maps 133, 134, 135, and 136, which have been placed on file with the Secretary of State on March 14, 1977, and March 1, 1987. The local coastal program for the area shall, after adoption by the commission, be deemed certified, and shall, for all purposes of this division, constitute the certified local coastal program for the area. Subsequent to the certification of the local coastal program, the City of Malibu shall immediately assume coastal development permitting authority, pursuant to this division. Notwithstanding the requirements of Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, once the City of Malibu assumes coastal development permitting authority pursuant to this section, no application for a coastal development permit shall be deemed approved if the city fails to take timely action to approve or deny the application. (Added by Stats. 2000, Ch. 952, Sec. 1. Effective January 1, 2001.)
  194. 30168.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    This section changes coastal zone boundaries in Orange County by adding and excluding specified areas in several cities and communities.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30168. In Orange County: (a) In the City of Huntington Beach, approximately 9.5 acres are added as specifically shown on map 28. (b) In the City of Costa Mesa, approximately 15 acres are excluded as specifically shown on map 28. (c) In the City of Newport Beach, approximately 22.6 acres adjacent to Pacific Coast Highway are added as specifically shown on map 28; provided, however, that the area described in this subdivision shall be excluded from the coastal zone, if the Department of Transportation, within one year from the effective date of this act, enters into an agreement for use of this area for hospital-related purposes. (d) In the Niguel Hill area, the developed portions of Pacific Island Village are excluded as specifically shown on map 29. (e) In the communities of Dana Point and Laguna Niguel, approximately 450 acres inland of the Pacific Coast Highway are excluded as specifically shown on map 29A. (f) In the community of Capistrano Beach, approximately 381 acres seaward of the San Diego Freeway are excluded as specifically shown on map 29A. (g) In the City of San Clemente, approximately 230 acres seaward of the San Diego Freeway are added as specifically shown on map 29B, dated September 1, 1981, and filed on September 1, 1981, with the Office of the Secretary of State. (h) In the City of San Clemente, approximately 214 acres inland and seaward of the San Diego Freeway are excluded as specifically shown on maps 29A and 30. (i) Notwithstanding map number 149 adopted pursuant to Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976, the inland boundary of the coastal zone in the area of the City of San Juan Capistrano in Orange County shall exclude all portions of the City of San Juan Capistrano and shall follow Camino Capistrano and Via Serra and generally an extension of Via Serra to the point where it joins the existing coastal zone boundary. (Amended by Stats. 2025, Ch. 102, Sec. 4. (SB 856) Effective January 1, 2026.)
  195. 30169.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

    Verify source ↗

    This section adjusts the coastal zone boundary in the Aliso Viejo area and sets related duties for the commission, the county, and the Aliso Viejo Company.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30169. (a) The Legislature hereby finds and declares that a dispute exists as to the proper location of the inland boundary of the coastal zone in the area commonly known as Aliso Viejo and that, after extensive review of the history of this boundary segment, the criteria utilized to establish the boundary in 1976, and the relevant topographical information, it is possible to reach differing conclusions of equal validity regarding the proper location of the coastal zone boundary. The Legislature further finds that it is not possible to determine objectively which ridgeline feature in the Aliso Viejo area most closely approximates the boundary criteria utilized by the Legislature in 1976, and that it is in the best public interest to resolve the current boundary dispute in order to avoid further delay in the completion of the local coastal program for Orange County. The Legislature further finds that a timely resolution of this boundary dispute can best be accomplished by adjusting the coastal zone boundary in the manner set forth in this section and within the general framework of Section 30103 and consistent with the need to protect the coastal resources of the Aliso Viejo area and to carry out the requirements of Section 30213. (b) In the Aliso Creek area of Orange County approximately 286 acres are added and approximately 1,020 acres are excluded as specifically shown on maps 28A and 28B dated April 15, 1980, and filed on April 22, 1980, with the office of the Secretary of State and which are on file in the office of the commission. The maps are hereby adopted by reference. The changes made in the inland boundary of the coastal zone by this section are in addition to any changes made by any map referred to in Section 30150, except to the extent that the changes made by this section affect a segment of the boundary previously changed by the map, in which case the changes made by this section shall supersede any of those previous changes. (c) The executive director of the commission may adjust the precise location of the inland boundary of the coastal zone not more than 100 yards in either a seaward or landward direction in order to conform the precise boundary location to the specific limits of development adjacent to the coastal zone boundary as shown on maps 28A and 28B. However, in any subdivided area, the executive director may adjust the precise location of the inland boundary of the coastal zone not more than 100 feet in a landward direction in order to include any development of the first row of lots immediately adjacent to the boundary as shown on those maps, where the executive director determines that the adjustment is necessary to ensure that adequate controls will be applied to the development in order to minimize any potential adverse effects on the coastal zone resources. The executive director shall prepare a detailed map showing any of the changes and shall file a copy of the map with the county clerk. (d) Prior to the adoption and approval of a drainage control plan by the County of Orange for the Aliso Viejo Planned Community (as designated by Amendment No. L. U. 79-1 to the Land Use Element of the Orange County General Plan), the county shall consult with the executive director of the commission to ensure that any drainage control facilities located outside the coastal zone are adequate to provide for no increase in peak runoff, by virtue of the development of the Aliso Viejo Planned Community, which would result in adverse impacts on coastal zone resources. (e) On or before January 31, 1981, the commission shall, after public hearing and in consultation with the County of Orange, certify or reject a local coastal program segment prepared and submitted by the county on or before August 1, 1980, for the following parcel in the Aliso Creek area: land owned by the Aliso Viejo Company, a California corporation, as of April 22, 1980, within the coastal zone as amended by this section. The local coastal program required by this subdivision shall, for all purposes of this division, constitute a certified local coastal program segment for that parcel in the County of Orange. The segment of the county’s local coastal program for the parcel may be amended pursuant to this division relating to the amendment of local coastal programs. If the commission neither certifies nor rejects the submitted local coastal program within the time limit specified in this subdivision, the land added to the coastal zone by this section shall no longer be subject to this division. It is the intent of the Legislature in enacting this subdivision, that a procedure to expedite the preparation and adoption of a local coastal program for that land be established so that the public and the affected property owner know as soon as possible what uses are permissible. (f) The commission, through its executive director, shall enter into a binding and enforceable agreement with Aliso Viejo Company, and the agreement shall be recorded as a covenant to run with the land with no prior liens other than tax and assessment liens restricting the Aliso Viejo Planned Community. The agreement shall provide for all of the following: (1) The Aliso Viejo Company shall provide at least 1,000 units of for-sale housing to moderate-income persons at prices affordable to a range of households earning from 81 to 120 percent of the median income for Orange County as adjusted for family size pursuant to the commission’s housing guidelines on affordable housing dated January 22, 1980, and July 16, 1979, and any additional provisions as agreed to between the commission and the Aliso Viejo Company as referred to in this subdivision. For purposes of this subdivision, median income constitutes the figure most recently established by the Department of Housing and Urban Development at the time the public report for the units, or any portion thereof, is issued by the Bureau of Real Estate. The affordable units required by this subdivision shall be priced equally over the moderate-income range and shall reflect a reasonable mix as to size and number of bedrooms. (2) The 1,000 units provided pursuant to this subdivision shall be sold subject to controls on resale substantially as provided in the commission’s housing guidelines on affordable housing, dated January 22, 1980, and July 16, 1979, and any additional provisions as agreed to between the commission and the Aliso Viejo Company as referred to in this subdivision. On or before entering the agreement provided for herein, the Aliso Viejo Company shall enter into an agreement, approved by the executive director of the commission, with the Orange County Housing Authority or any other appropriate housing agency acceptable to the executive director of the commission to provide for the administration of the resale controls including the qualification of purchasers. (3) The 1,000 units provided pursuant to this subdivision may be dispersed throughout the Aliso Viejo Planned Community, and shall be completed and offered for sale prior to, or simultaneously with, other units in the overall project, so that at any time at least 71/2 percent of the units constructed shall be resale-controlled until the 1,000 units are completed. (4) The Department of Housing and Community Development and the County of Orange shall be third-party beneficiaries to the agreement provided in this subdivision and shall have the power to enforce any and all provisions of the agreement. (5) This agreement may only be amended upon the determination of the Aliso Viejo Company or its successors or assigns, the commission, the Department of Housing and Community Development, and the County of Orange that the change is necessary in order to prevent adverse effects on the supply of low- and moderate-income housing opportunities and to improve the methods of providing the housing at continually affordable prices. The Legislature hereby finds and declares that, because the Aliso Viejo Company, in addition to the 1,000 units of controlled housing provided in this subdivision, will provide for 2,000 units of subsidized affordable housing for low-income persons and 2,000 affordable housing units for moderate-income persons pursuant to the company’s housing program, the purposes of Section 30213 will be met by enactment of this subdivision. The Legislature further finds and declares that the general provisions of this subdivision are specifically described and set forth in letters by Aliso Viejo Company and the executive director of the commission published in the Journals of the Senate and the Assembly of the 1979–80 Regular Session, and it is the intent of the Legislature that the commission and Aliso Viejo Company conform the agreement provided in this subdivision to the specific provisions described in the letters. (g) Notwithstanding any other provision of law, the application of this division by the commission to the development or use of any infrastructure necessary and appropriate to serve development within the portions of the Aliso Viejo Planned Community located inland of the coastal zone as amended by this section, shall be strictly limited to addressing direct impacts on coastal zone resources and shall be carried out in a manner that assures that the infrastructure will be provided. Furthermore, the commission shall amend without conditions its prior permit No. A-61-76 to provide for its release of sewer outfall flow limitations necessary and appropriate to serve the Aliso Viejo Planned Community located inland of the coastal zone as amended by this subdivision. For purposes of this subdivision, “infrastructure” means those facilities and improvements necessary and appropriate to develop, construct, and serve urban communities, including but not limited to, streets, roads, and highways; transportation systems and facilities; schools; parks; water and sewage systems and facilities; electric, gas, and communications systems and facilities; and drainage and flood control systems and facilities. Notwithstanding this subdivision, the commission may limit, or reasonably condition, the use of the transit corridor in Aliso Creek Valley to transit uses, uses approved by the commission that will serve the Aliso Greenbelt Project prepared by the State Coastal Conservancy, the provision of access to and from the sewage treatment works in Aliso Creek Valley, emergency uses, and drainage and flood control systems and facilities and other services approved pursuant to this subdivision. (h) This section shall become operative only when the commission and Aliso Viejo Company have entered into the binding and enforceable agreement provided for in this section, and the agreement has been duly recorded with the county recorder of Orange County. (Amended by Stats. 2013, Ch. 352, Sec. 487. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  196. 3017.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. )

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    The Legislature states that the oil and gas industry should pay the necessary costs of plugging and abandoning wells and restoring sites.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 1. Definitions and General Provisions [3000 - 3017] ( Article 1 enacted by Stats. 1939, Ch. 93. ) ## 3017. (a) It is the intent of the Legislature that the oil and gas industry pay for all necessary costs of plugging and abandonment and site restoration of oil and gas wells. (b) It is the intent of the legislature that, to minimize the risk that the state will be liable for costs of plugging and abandonment, no well be transferred to another owner until and unless a bond has been filed that would cover the full cost of plugging and abandonment and site restoration. (Added by Stats. 2023, Ch. 359, Sec. 2. (AB 1167) Effective January 1, 2024.)
  197. 30170.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

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    This section revises coastal zone boundaries in San Diego County and sets conditions for certain excluded or added areas.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30170. In San Diego County: (a) In the City of Oceanside, approximately 500 acres are excluded as specifically shown on maps 30A and 31. (b) In the City of Carlsbad, approximately 180 acres in the downtown area, except for the Elm Street corridor, are excluded as specifically shown on map 31. (c) In the City of Carlsbad, the area lying north of the Palomar Airport as generally shown on maps 31 and 32 and as specifically described in this subdivision is excluded. Those portions of lots “F” and “G” of Rancho Agua Hedionda, part in the City of Carlsbad and part in the unincorporated area of the County of San Diego, State of California, according to the partition map thereof No. 823, filed in the office of the county recorder of that county, November 16, 1896, described as follows: Commencing at point 1 of said lot “F” as shown on said map; thence along the boundary line of said lot “F” south 25° 33´ 56″ east, 229.00 feet to point 23 of said lot “F” and south 54° 40´ 19″ east, 1347.00 feet; thence leaving said boundary line south 35° 19´ 44″ west, 41.28 feet to the true point of beginning, which point is the true point of beginning, of the land described in deed to Japatul Corporation recorded December 8, 1975, at recorder’s file/page No. 345107 of official records to said county; thence along the boundary line of said land south 35° 19´ 44″ west, 2216.46 feet and north 53° 02´ 49″ west, 1214.69 feet to the northeast corner of the land described in deed to Japatul Corporation recorded December 8, 1975, at recorder’s file/page No. 345103 of said official records; thence along the boundary lines of said land as follows: West, 1550 feet, more or less, to the boundary of said lot “F”; south 00° 12´ 00″ west, 550 feet, more or less, to point 5 of said lot “F”; south 10° 25´ 10″ east along a straight line between said point 5 and point 14 of said lot “F,” to point 14 of said lot “F”; thence along the boundary of said lot “F” south 52° 15´ 45″ east (record south 51° 00´ 00″ east) 1860.74 feet more or less to the most westerly corner of the land conveyed to James L. Hieatt, et ux, by deed recorded June 11, 1913, in Book 617, page 54 of deed, records of said county; thence along the northwesterly and northeasterly boundary of Hieatt’s land as follows: North 25° 00´ 00″ east, 594.00 feet and south 52° 15´ 45″ east (record south 51° 00´ 00″ east per deed) 1348.61 feet to a point of intersection with the northerly line of Palomar County Airport, said point being on the boundary of the land conveyed to Japatul Corporation by deed recorded December 8, 1975, at recorder’s file/page No. 345107 of said official records; thence along said boundary as follows: North 79° 10´ 00″ east, 4052.22 feet north 10° 50´ 00″ west, 500.00 feet; north 79° 10´ 00″ east 262.00 feet, south 10° 50´ 00″ east, 500.00 feet; north 79° 10´ 00″ east, 1005 feet, more or less, to the westerly line of the land conveyed to the County of San Diego by deed recorded May 28, 1970, at recorder’s file/page No. 93075 of said official records; thence continuing along the boundary of last said Japatul Corporation’s land north 38° 42´ 44″ west, 2510.58 feet to the beginning of a tangent 1845.00 foot radius curve concave northeasterly; along the arc of said curve through a central angle of 14° 25´ 52″ a distance of 464.70 feet to a point of the southerly boundary of the land allotted to Thalia Kelly Considine, et al., by partial final judgment in partition, recorded January 18, 1963, at recorder’s file/page No. 11643 of said official records; thence continuing along last said Japatul Corporation’s land south 67° 50´ 28″ west, 1392.80 feet north 33° 08´ 52″ west, 915.12 feet and north 00° 30´ 53″ west, 1290.37 feet to the southerly line of said land conveyed to the County of San Diego, being also the northerly line of last said Japatul Corporation’s land; thence along said common line north 74° 57´ 25″ west, 427.67 feet to the beginning of a tangent 2045.00 foot radius curve concave northerly; and westerly along the arc of said curve through a central angle of 16° 59´ 24″, a distance of 606.41 feet to the true point of beginning. And those properties known as assessors parcel Nos. 212-020-08, 212-020-22, and 212-020-23. Excepting therefrom, that portion, if any, conveyed to the County of San Diego, by quitclaim deed recorded January 12, 1977, at recorder’s file/page No. 012820 of said official records. No development may occur in the area described in this subdivision until a plan for drainage of the parcel to be developed has been approved by the local government having jurisdiction over the area after consultation with the commission and the Department of Fish and Wildlife. The plan shall assure that no detrimental increase occurs in runoff of water from the parcel to be developed and shall require that the facilities necessary to implement the plan are installed as part of the development. (d) In the City of Carlsbad and adjacent unincorporated areas, approximately 600 acres consisting of the Palomar Airport and an adjoining industrial park are excluded as specifically shown on maps 31 and 32. (e) An area consisting of approximately 333 acres lying west and south of the Palomar Airport and bounded on the south by Palomar Airport Road is excluded as specifically shown on maps 31 and 32. No development may occur in the area described in this subdivision until a plan for drainage of the parcel to be developed has been approved by the local government having jurisdiction over the area after consultation with the commission and the Department of Fish and Wildlife. The plan shall assure that no detrimental increase occurs in runoff of water from the parcel to be developed and shall require that the facilities necessary to implement the plan are installed as part of the development. (f) On or before October 1, 1980, the commission shall, after public hearing and in consultation with the City of Carlsbad, prepare, approve, and adopt a local coastal program for the following parcels in the vicinity of Batiquitos Lagoon within the City of Carlsbad: lands owned by Rancho La Costa, a registered limited partnership, lands (consisting of approximately 80 acres) owned by Standard Pacific of San Diego, Inc., that were conveyed by Rancho La Costa on October 8, 1977, and lands owned by the Occidental Petroleum Company. Those parcels shall be determined by ownership as of September 12, 1979. As used in this subdivision, “parcels” means the parcels identified in this paragraph. The local coastal program required by this subdivision shall include all of the following elements: (1) Protection of agricultural lands and uses to the extent feasible. (2) Minimization of adverse impacts from sedimentation. (3) Protection of feasible public recreational opportunities. (4) Provision for economically feasible development consistent with the three elements specified in this subdivision. The local coastal program required by this subdivision shall, after adoption by the commission, be deemed certified and shall for all purposes of this division constitute certified local coastal program segments for those parcels in the City of Carlsbad. The segments of the city’s local coastal program for those parcels may be amended pursuant to the provisions of this division relating to the amendment of local coastal programs. In addition, until (i) the City of Carlsbad adopts or enacts the implementing actions contained in the local coastal program, or (ii) other statutory provisions provide alternately for the adoption, certification, and implementation of a local coastal program for those parcels, the local coastal program required by this subdivision may also be amended by the commission at the request of the owner of any of those parcels. For administrative purposes, the commission may group these requests in order to schedule them for consideration at a single commission hearing. However, the commission shall schedule these requests for consideration at least once during each four-month period, beginning January 1, 1982. After either of these events occur, however, these property owners shall no longer be eligible to request the commission to amend the local coastal program. If the commission fails to adopt a local coastal program within the time limits specified in this subdivision, those parcels shall be excluded from the coastal zone and shall no longer be subject to this division. It is the intent of the Legislature in enacting this subdivision that a procedure to expedite the preparation and adoption of a local coastal program for those parcels be established so that the public and affected property owners know as soon as possible what the permissible uses of those lands are. (g) In the vicinity of the intersection of Del Mar Heights Road and the San Diego Freeway, approximately 250 acres are excluded as specifically shown on map 33. (h) In the vicinity of the intersection of Carmel Valley Road and the San Diego Freeway, approximately 45 acres are added as specifically shown on map 33. In the City of San Diego, the Carmel Valley area consisting of approximately 1,400 acres as shown on map 33 that has been placed on file with the Secretary of State on January 23, 1980, shall be excluded from the coastal zone after the City of San Diego submits, and the commission certifies, a drainage plan and a transportation plan for the area. The city shall implement and enforce the certified drainage and transportation plans. Any amendments or changes to the underlying land use plan for the area that affects drainage, or to either the certified drainage or transportation plan, shall be reviewed and processed in the same manner as an amendment of a certified local coastal program pursuant to Section 30514. Any land use not in conformance with the certified drainage and transportation plans may be appealed to the commission pursuant to the appeals procedure as provided by Chapter 7 (commencing with Section 30600). The drainage plan and any amendments thereto shall be prepared after consultation with the Department of Fish and Wildlife and shall ensure that problems resulting from water runoff, sedimentation, and siltation are adequately identified and resolved. (i) Near the head of the south branch of Los Penasquitos Canyon, the boundary is moved seaward to the five-mile limit as described in Section 30103 and as specifically shown on map 33. (j) In the City of San Diego, approximately 1,855 acres known as the Mount Soledad and La Jolla Mesa areas are added as specifically shown on map 34. However, on or before February 29, 1980, and pursuant to either subdivision (d) of Section 30610 or Section 30610.5, the commission shall exclude from coastal development permit requirements any single-family residence within the area specified in this subdivision. No coastal development permit shall be required for any improvement, maintenance activity, relocation, or reasonable expansion of any commercial radio or television transmission facilities within the area specified in this subdivision unless the proposed activity could result in a significant change in the density or intensity of use in the area or could have a significant adverse impact on highly scenic resources of public importance. However, no prior review by the commission of this activity shall be required. (k) In the City of San Diego, approximately 30 acres known as the Famosa Slough is added as specifically shown on maps 34 and 35. (Amended by Stats. 2022, Ch. 97, Sec. 1. (SB 1497) Effective January 1, 2023.)
  198. 30170.6.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

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    This section amends the inland coastal zone boundary in a part of San Diego County, but only if the City of San Diego submits a drainage plan and the commission approves it.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30170.6. Notwithstanding Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976, any map dated September 12, 1979, and filed on September 14, 1979, with the office of the Secretary of State, or any provision of Section 30170, the inland boundary of the coastal zone in a portion of San Diego County, of approximately 95 acres in Penasquitos Canyon, is hereby amended as indicated by revised map number 33, dated March 21, 1980, and filed on March 21, 1980, with the office of the Secretary of State; provided, that the City of San Diego first submits and the commission approves a drainage plan for the area providing for drainage in connection with the extension of Mira Mesa Boulevard to Interstate Highway 805 sufficient to assure that no detrimental increase in runoff of water into Carroll Canyon occurs as a result of construction of Mira Mesa Boulevard. (Added by Stats. 1980, Ch. 631, Sec. 1.)
  199. 30171.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

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    The commission must submit an initial draft by October 1, 1980, and adopt a local coastal program by July 1, 1981, for the Carlsbad area described on maps 154 and 155.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30171. (a) On or before October 1, 1980, the commission shall submit to the City of Carlsbad an initial draft of the land use portion of the local coastal program for the area specifically delineated on maps 154 and 155 which have been placed on file with the Secretary of State on April 22, 1980. (b) On or before July 1, 1981, the commission shall, after public hearing and consultation with the City of Carlsbad, adopt a local coastal program for that area within the City of Carlsbad which is specifically delineated on maps 154 and 155 which have been placed on file with the Secretary of State on April 22, 1980. The local coastal program for such area shall, after adoption by the commission, be deemed certified, and shall, for all purposes of this division, constitute the certified local coastal program for such area. The local coastal program for such area may be amended pursuant to the provisions of this division relating to the amendment of local coastal programs. In addition, until such time as (i) the City of Carlsbad adopts or enacts the implementing actions contained in any such local coastal program, or (ii) other statutory provisions provide alternately for the adoption, certification, and implementation of a local coastal program for that area, the local coastal program required by this subdivision may also be amended by the commission at the request of any owner of property located within the area. For administrative purposes, the commission may group these requests in order to schedule them for consideration at a single commission hearing; provided, however, that the commission shall schedule these requests for consideration at least once during each four-month period, beginning January 1, 1982. After either of these events occur, however, these property owners shall no longer be eligible to request the commission to amend the local coastal program. (c) If the commission fails to adopt such local coastal program within the time limits specified in this subdivision, such area shall be excluded from the coastal zone and shall no longer be subject to the provisions of this division. It is the intent of the Legislature, in enacting this section, that a procedure to expedite the preparation and adoption of a local coastal program in this specified area be established so that the public and affected property owners know as soon as possible what the permissible uses of such lands are. (d) This section is not intended and shall not be construed as authorizing any modification, extension, or alteration in any deadline or other provisions of any contract between the commission or any regional coastal commission and any person, business, or corporation with respect to planning services for the area delineated on maps 154 and 155. (Amended by Stats. 1982, Ch. 43, Sec. 7. Effective February 17, 1982.)
  200. 30171.2.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. )

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    The section bars new agricultural conversion fees in the City of Carlsbad program after January 1, 1985, with exceptions for earlier agreements and required refund handling.

    ## Public Resources Code - PRC ## DIVISION 20. CALIFORNIA COASTAL ACT [30000 - 30900] ( Division 20 added by Stats. 1976, Ch. 1330. ) ## CHAPTER 2.5. Revisions to the Coastal Zone Boundary [30150 - 30174] ( Chapter 2.5 added by Stats. 1979, Ch. 1109. ) ## 30171.2. (a) Except as provided in subdivision (b), on and after January 1, 1985, no agricultural conversion fees may be levied or collected under the agricultural subsidy program provided in the local coastal program of the City of Carlsbad that was adopted and certified pursuant to Section 30171. All other provisions of that program shall continue to be operative, including the right to develop designated areas as provided in the program. (b) This section shall not affect any right or obligation under any agreement or contract entered into prior to January 1, 1985, pursuant to that agricultural subsidy program, including the payment of any fees and the right of development in accordance with the provisions of the agreement or contract. As to these properties, the agricultural subsidy fees in existence as of December 31, 1984, shall be paid and allocated within the City of Carlsbad, or on projects outside the city that benefit agricultural programs within the city, in accordance with the provisions of the agricultural subsidy program as it existed on September 30, 1984. (c) Any agricultural conversion fees collected pursuant to the agricultural subsidy program and not deposited in the agricultural improvement fund in accordance with the local coastal program or that have not been expended in the form of agricultural subsidies assigned to landowners by the local coastal program land use policy plan on January 1, 1985, shall be used by the Department of General Services to reimburse the party that paid the fees if no agreements or contracts have been entered into or to the original parties to the agreements or contracts referred to in subdivision (b) in proportion to the amount of fees paid by the parties. However, if the property subject to the fee was under option at the time that the original agreement or contract was entered into and the optionee was a party to the agricultural subsidy agreement, payments allocable to that property shall be paid to the optionee in the event the optionee has exercised the option. Reimbursements under this section shall be paid within 90 days after January 1, 1985, or payment of the fee, whichever occurs later, and only after waiver by the party being reimbursed of any potential legal rights resulting from enactment of this section. (d) (1) Any person entitled to reimbursement of fees under subdivision (c) shall file a claim with the Department of General Services, which shall determine the validity of the claim and pay that person a pro rata share based on the relative amounts of fees paid under the local coastal program or any agreement or contract entered pursuant thereto. (2) There is hereby appropriated to the Department of General Services the fees referred to in subdivision (c), for the purpose of making refunds under this section. (e) Notwithstanding any geographical limitation contained in this division, funds deposited pursuant to subdivision (b) may be expended for physical or institutional development improvements needed to facilitate long-term agricultural production within the City of Carlsbad. These funds may be used to construct improvements outside the coastal zone boundaries in San Diego County if the improvements are not inconsistent with the Carlsbad local coastal program and the State Coastal Conservancy determines that the improvements will benefit agricultural production within the coastal zone of the City of Carlsbad. (Amended by Stats. 2016, Ch. 31, Sec. 272. (SB 836) Effective June 27, 2016.)

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