CCLME.ORG - Suisun Marsh Preservation Act of 1977

State
California
PRC Sec 29000-29612 SUISUN MARSH PRESERVATION

PUBLIC RESOURCES CODE
SECTION 29000-29612

29000. This division shall be known and may be cited as the Suisun
Marsh Preservation Act of 1977.

29002. The Legislature hereby finds and declares that the Suisun
Marsh, consisting of approximately 55,000 acres of marshland and
30,000 acres of bays and sloughs, and comprising almost 10 percent of
the remaining natural wetlands in California, plays an important
role in providing wintering habitat for waterfowl of the Pacific
Flyway; that during years of drought the area becomes particularly
important to waterfowl by virtue of its large expanse of aquatic
habitat and the scarcity of such habitat elsewhere; that the area
provides critical habitat for other wildlife forms, including such
endangered, rare, or unique species as the peregrine falcon,
white-tailed kite, golden eagle, California clapper rail, black rail,
salt-marsh harvest mouse, and Suisun shrew; that the existence of
this wide variety of wildlife is due to the relatively large expanse
of unbroken native habitat and the diversity of vegetation and
acquatic conditions that prevail in the marsh; that man is an
integral part of the present marsh ecosystem and, to a significant
extent, exercises control over the widespread presence of water and
the abundant source of waterfowl foods; that the Suisun Marsh
represents a unique and irreplaceable resource to the people of the
state and nation; that future residential, commercial, and industrial
developments could adversely affect the wildlife value of the area;
and that it is the policy of the state to preserve and protect
resources of this nature for the enjoyment of the current and
succeeding generations.

29003. The Legislature further finds and declares that, in order to
preserve the integrity and assure continued wildlife use of the
Suisun Marsh, including the preservation of its waterfowl-carrying
capacity and retention of the diversity of its flora and fauna, there
is a need for all of the following:
(a) Provisions for establishment and maintenance of adequate
water quality.
(b) Improvement of present water management practices, including
drainage and other water control facilities within the Suisun Marsh.

(c) Establishment of criteria for the production of valuable
waterfowl food plants.
(d) Provisions for future supplemental water supplies and related
facilities to assure that adequate water quality will be achieved
within the wetland areas.
(e) Development and implementation of plans and policies to
protect the marsh from degradation by excessive human use.
(f) Definition and establishment of a buffer area consisting of
upland areas that have high wildlife values themselves and also
contribute to the integrity and continued wildlife use of the
wetlands within the marsh.

29004. The Legislature further finds and declares as follows:
(a) That the San Francisco Bay Conservation and Development
Commission and the Department of Fish and Game, pursuant to the
Nejedly-Bagley-Z'berg Suisun Marsh Preservation Act of 1974 (former
Chapter 9 (commencing with Section 1850) of Division 2 of the Fish
and Game Code), have made a detailed study of the Suisun Marsh; 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 the Suisun
Marsh Protection Plan for the orderly and long-range conservation,
use, and management of the natural, scenic, recreational, and manmade
resources of the marsh.
(b) That the Suisun Marsh Protection Plan contains a series of
recommendations which require implementation by the Legislature; and,
accordingly, these recommendations are implemented in the manner
provided in this division.

29005. The Legislature further finds and declares as follows:
(a) That, to achieve maximum responsiveness to local conditions,
public accountability, and public accessibility, it is necessary to
rely heavily on local government and local land use planning
procedures and enforcement.
(b) That, to ensure maximum state and federal conformity with the
provisions of this division; to protect regional, state, and national
interests in assuring the maintenance of the long-term productivity
of the Suisun Marsh; to avoid long-term costs to the public and a
diminished quality of life resulting from the misuse of the marsh; to
coordinate and integrate the activities of the many agencies whose
activities impact the marsh; and to supplement the activities of such
agencies in matters not properly within the jurisdiction of any
existing agency; it is appropriate to provide for continued state
planning and management through the San Francisco Bay Conservation
and Development Commission, which since 1965 has exercised
jurisdiction over a substantial portion of the Suisun Marsh pursuant
to Title 7.2 (commencing with Section 66600) of the Government Code.

29006. No provision of this division is a limitation on any of the
following:
(a) On the power of a city, county, or district, except as
otherwise limited by state law, to adopt and enforce regulations, in
addition to, and not in conflict with, the requirements of this
division, imposing further conditions, restrictions, or limitations
with respect to any land or water use or other activity that might
adversely affect the resources of the marsh.
(b) On the power of any city, county, or district 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 on his own motion or at the request
of any state agency having standing under provisions of law other
than this division, to enjoin any waste or pollution of the marsh or
any nuisance.
(d) On the right of any person to maintain an appropriate action
for relief against a private nuisance or any other private relief.

29007. The Legislature further finds and declares that the public
has a right to participate fully in governmental decisions affecting
planning, conservation, and development of the Suisun Marsh; that
achievement of sound protection of the marsh is dependent upon public
understanding and support; and that continuing planning and
implementation of programs for marsh protection should include the
opportunity for public participation.

29008. The Legislature further finds and declares that the Suisun
Marsh Protection Plan is a more specific application of the general,
regional policies of the San Francisco Bay Plan prepared and
administered by the San Francisco Bay Conservation and Development
Commission pursuant to Title 7.2 (commencing with Section 66600) of
the Government Code, and is an appropriate supplement to those
policies because of the unique characteristics of the Suisun Marsh.
Therefore, the Legislature declares that the appropriate policies of
both the San Francisco Bay Plan and the Suisun Marsh Protection Plan
shall apply within any area that is within the commission's
jurisdiction, as defined in Section 66610 of the Government Code, and
that is also within the marsh, as defined in Section 29101 of this
code, except where the San Francisco Bay Plan and the Suisun Marsh
Protection Plan may conflict. If a conflict occurs in a specific
instance, the policies of the Suisun Marsh Protection Plan shall
control.

29009. The Legislature further finds and declares that land within
or adjacent to the Suisun Marsh should be acquired for public use or
resource management, or both, and facilities suitable for such
purposes should be constructed thereon, if the land meets one or more
of the following criteria:
(a) It is suitable for passive recreational purposes such as
fishing and nature observation and is located in the outer portions
of the marsh near population centers or existing transportation
routes, such as State Highway Route 12.
(b) It is suitable for the purpose of restoring areas to tidal
action or to marsh or managed-wetland conditions and such restoration
cannot be required as a condition of private development.
(c) It is suitable for providing additional wildlife habitat
necessary to effective wildlife management, including consolidation
of management units and improved public hunting opportunities.
Acquisitions within this category should avoid privately owned
property already managed as wildlife habitat unless offered for sale
to the state.

29010. (a) The Legislature further finds that:
(1) The Suisun Marsh is located where the saltwater of the Pacific
Ocean and the freshwater of the Sacramento and San Joaquin River
Delta meet and mix; and because of its location, the marsh provides a
transition zone between salt-and fresh-water habitats, creating a
unique diversity of fish and wildlife habitats.
(2) Water quality in the marsh is dependent on the salinity of the
water in sloughs of the marsh, which depends in turn on the amount
of freshwater flowing in from the delta.
(3) Numerous upstream storage facilities, together with diversions
of water from the delta and tributary streams of the delta, have
substantially reduced the amount of freshwater flowing into the marsh
from the delta.
(4) Further substantial diversions are planned, and these
diversions will have adverse impacts in the marsh through increased
salinity intrusion unless adequate mitigation measures are taken.
(5) Possible mitigation measures, including the development of
other sources of freshwater for the marsh, have been under study by a
variety of state and federal agencies.
(6) Protection of the marsh from salinity intrusion, particularly
protection through the development of alternative sources of
freshwater for the marsh, cannot be considered independently of other
issues relating to the management of California's water resources,
and discussions are now underway among various agencies of the state
and federal governments to resolve such issues.
(b) The Legislature, therefore, declares that it expects any
resolution of these issues, whether by written agreement, federal
legislation, state legislation, or any combination thereof, will
protect the marsh from the adverse impacts of salinity intrusion and
from any other significant adverse impacts.

29011. The Legislature further finds and declares that the Suisun
Marsh is a fragile ecological system and that, in order to protect
wildlife, many areas of the marsh should not be subject to extensive
human intrusion. Highest priority, therefore, should be given to
developing and maintaining opportunities for public access on lands
currently in, or in the future to be in, public ownership.

29012. This division shall be liberally construed to accomplish its
purposes and objectives.

29013. The Legislature hereby finds and declares that this division
is not intended to authorize, and shall not be construed as
authorizing, the commission or local government acting pursuant to
this division, to exercise their powers 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 of the
United States.

29014. The Legislature finds and declares it is not its intent in
enacting this division to grant the commission any authority over any
development outside the Suisun Marsh, except as expressly authorized
in Chapter 3 (commencing with Section 29200) and in Chapter 5
(commencing with Section 29400). Except as provided in Chapter 3
(commencing with Section 29200), neither the provisions of this
division nor of the Suisun Marsh Protection Plan shall apply to any
permit, development, or any other action or project which occurs
outside of the marsh prior to the approval of the local protection
program and its certification by the commission, as provided in
Article 2 (commencing with Section 29410) of Chapter 5.

29100. Unless the context requires otherwise, the definitions set
forth in this chapter govern the interpretation of this division.

29101. "Suisun Marsh" or "marsh" means water-covered areas, tidal
marsh, diked-off wetlands, seasonal marshes, lowland grasslands,
upland grasslands, and cultivated lands specified on the map
identified in Section 16 of that chapter of the Statutes of the
1977-78 Regular Session enacting this division. It includes both the
primary and secondary management areas as shown on the Suisun Marsh
Protection Plan Map and includes the entire right-of-way of any state
highway that is designated as a portion of the boundary of the
marsh.

29101.5. Notwithstanding Section 29101, "Suisun Marsh" does not
include the real property described as follows:
Beginning at a point in the easterly line of Section 32, T5N R1W,
M.D.B. & M., said point being the northeast corner of the lands now
or formerly of J.B. Lemon; thence along the north line of said lands
of Lemon S 88* 15' W 840 feet to the north line of the Pacific Gas
and Electric Company Tower Line; thence along said Tower Line N 38*
10' W 350 feet to an angle point; thence S 83* 00' W 2,020 feet;
thence leaving said Tower Line N 42* W 450 feet; thence N 55* W 700
feet; thence N 75* W 540 feet; thence S 73* W 910 feet to the
easterly line of Section 31, T5N, R1W, M.D.B. & M.; thence along said
line N 1* 30' W 1,060 feet to a point 915.00 feet, measured at right
angles, south of the south right-of-way line of State Highway Route
12; thence parallel with said State Highway N 89* 30' W 3,840 feet to
the easterly line of Grizzly Island Road; thence along said easterly
line N 2* 30' W 981 feet to the northerly right-of-way line of State
Highway Route 12; thence along said line S 89* 30' E 3,825 feet to
said easterly line of Section 31; thence continuing along said
northerly line in an easterly and southeasterly direction to said
easterly line of said Section 32; thence along said easterly line
southerly to the point of beginning.

29102. "Primary management area" means water-covered areas, tidal
marsh, diked-off wetlands, seasonal marsh, and lowland grassland
specified on the map identified in Section 16 of that chapter of the
Statutes of the 1977 -78 Regular Session enacting this division.

29103. "Secondary management area" means the upland grasslands,
cultivated lands, and low-lying areas adjacent to the primary
management area specified on the map identified in Section 16 of that
chapter of the Statutes of the 1977-78 Regular Session enacting this
division.

29104. "Watershed" means the immediate watershed of the marsh
upland from the secondary management area and located in the County
of Solano, including those creeks, streams, channels, or other water
areas in the County of Solano that are tributary to, or flow into,
the marsh. "Creeks, streams, channels, or other water areas" includes
areas that are riparian thereto.

29105. "Managed wetland" means those diked areas in the marsh in
which water inflow and outflow is artificially controlled or in which
waterfowl food plants are cultivated, or both, to enhance habitat
conditions for waterfowl and other water-associated birds, wildlife,
or fish, regardless of whether such areas are used for hunting or
fishing or nonconsumptive uses such as nature study, photography, and
similar passive wildlife activities, or a combination of both such
consumptive and nonconsumptive uses.

29106. "Commission" means the San Francisco Bay Conservation and
Development Commission created by Title 7.2 (commencing with Section
66600) of the Government Code.

29107. "Department" means the Department of Fish and Game.

29108. "County" means the County of Solano.

29109. "Local government" means the County of Solano and the Cities
of Suisun City, Fairfield, and Benicia.

29110. "District" means any public 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. "District" includes, but is not limited to, a
county service area, a maintenance district or area, an improvement
district or improvement zone, a mosquito abatement district, a
resource conservation district, an irrigation district, a reclamation
district, a 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.

29111. "Local protection program" means those provisions of general
or specific plans; ordinances; zoning district maps; land use
regulations, procedures, or controls; or any other programs,
procedures, standards, or controls that are adopted, undertaken, or
carried out by local governments, districts, or the Solano County
Local Agency Formation Commission in and adjacent to the marsh, are
submitted by the county to the commission pursuant to Chapter 5
(commencing with Section 29400), and meet the requirements of, and
implement, this division and the Suisun Marsh Protection Plan at the
local level.

29112. "Local protection program component" or "component" means a
part of the local protection program that is prepared by or submitted
to the county pursuant to Section 29411 or prepared by the Suisun
Resource Conservation District pursuant to Section 29412.5 for
inclusion in the local protection program.

29113. (a) "Suisun Marsh Protection Plan" or "protection plan"
means the Suisun Marsh Protection Plan prepared and adopted by the
commission and submitted to the Governor and Legislature pursuant to
former Chapter 9 (commencing with Section 1850) of Division 2 of the
Fish and Game Code. The protection plan includes the Suisun Marsh
Protection Plan Map and the Suisun Marsh Protection Plan Natural
Factors Map prepared as a part of such plan.
(b) "Protection plan policies" or "policies of the protection plan"
means the policies set forth in Part II (pages 10 to 29, inclusive)
of the protection plan.

29114. (a) "Development" means on land, or 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 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 in 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.
(b) "Development" does not include either a change in the
intensity of use of water or the removal or harvesting of major
vegetation where such change, removal, or harvesting is to maintain
or improve wildfowl habitat and does not have a significant, adverse
effect on other fish and wildlife resources in the marsh.

29115. "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.

29116. "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.

29117. (a) "Person" means any individual, organization,
partnership, limited liability company, or other business association
or corporation, including any utility; and the federal government,
the state, any local government, or any district, or any agency
thereof.
(b) "Aggrieved person" means any person who, in person or through
a representative, appeared at a public hearing of the local
government in connection with the decision made or action appealed;
or who, by other appropriate means prior to a hearing, informed the
local government of the nature of his or her concerns; or who for
good cause was unable to do either of the foregoing. "Aggrieved
person" includes the applicant for a permit; and, with respect to the
approval of the local protection program, or any component thereof,
any affected local government.

29200. Unless expressly provided otherwise in this division, the
commission shall have the primary state responsibility for the
implementation of the provisions of this division and the protection
plan.

29201. In carrying out its responsibilities under this division,
and in addition to the specific powers and duties of the commission
under Chapters 5 (commencing with Section 29400) and 6 (commencing
with Section 29500), the commission may do all of the following:
(a) Accept grants, contributions, and appropriations from any
person.
(b) Appoint committees from its membership and appoint advisory
committees from other interested public and private groups.
(c) Contract for or employ any professional services required by
the commission or for the performance of work and services which in
its opinion cannot satisfactorily be performed by its officers and
employees or by other federal, state, or local governmental agencies.

(d) Sue or be sued in all actions and proceedings and in all
courts and tribunals of competent jurisdiction, including prohibitory
and mandatory injunctions to restrain violations of this division.
(e) Adopt regulations consistent with this division.
(f) Do such other things as are necessary to carry out the
purposes of this division and are consistent with this division.

29202. (a) Consistent with this division, the commission may amend
the protection plan. Such amendments shall be made by resolution of
the commission adopted after a public hearing on the proposed change,
of which adequate descriptive notice shall be given. Such
descriptive notice shall include a general description of the
changes, if any, that would be required in the certified local
protection program and whether any changes would be required in the
local protection program as it applies to any area outside the marsh.
If the proposed amendment pertains to a policy of the protection
plan, the resolution adopting the amendment may not be voted upon
less than 90 days following notice of hearing on the proposed change
and shall require the affirmative vote of two-thirds of the
commission members. The resolution adopting any other amendment to
the protection plan may not be voted on less than 30 days following
notice of hearing on the proposed amendment and shall require the
affirmative vote of a majority of the commission members.
(b) Any local government or district or the Solano County Local
Agency Formation Commission, if affected by any such amendment to the
protection plan, shall, within one year from the effective date of
such amendment, prepare and submit any amendments to the local
protection program, or any component thereof, to bring such program
or component into conformity with the amended protection plan.
(c) No amendment to the policies of the protection plan that will
require a change in the local protection program as it applies to the
marsh or any area outside the marsh shall be effective until
approved by the Legislature by statute if, within the 90-day period
provided in subdivision (a), the local government having jurisdiction
over any such area objects to such amendment in writing to the
commission.
(d) No amendment to the policies of the protection plan may
require a change or amendment to the component of the local
protection program prepared by the Suisun Resource Conservation
District until it has been approved by the Legislature by statute if,
within the 90-day period provided in subdivision (a), the department
objects to such amendment in writing to the commission on the
grounds that such amendment would be inconsistent with this division.

(e) No amendment to the policies of the protection plan may
require a change or amendment to the component of the local
protection program prepared by the Solano County Mosquito Abatement
District until it has been approved by the Legislature by statute if,
within the 90-day period provided in subdivision (a), the Director
of Health objects to such amendment in writing to the commission on
the grounds that such amendment would be inconsistent with the
applicable provisions of the Health and Safety Code.

29203. Not later than March 1, 1978, the commission shall prepare
and adopt a detailed map for the marsh, on a scale of one inch equals
24,000 inches, which shall show both the primary and secondary
management areas, and which the commission shall file with the clerk
of the county. Upon the filing of such map with the clerk of the
county, no further changes in the boundaries of the marsh or the
boundaries of the primary or secondary management areas shall be made
without the approval of the Legislature by statute.

29204. Not later than July 1, 1978, the commission shall make any
necessary changes in the San Francisco Bay Plan and in existing
priority use area boundaries established pursuant to Section 66611 of
the Government Code. Notwithstanding any provision to the contrary
in Title 7.2 (commencing with Section 66600) of the Government Code,
such changes shall not require the approval of the Legislature.

29205. (a) The marsh shall be considered part of the commission's
segment of the California coastal zone, and this division shall be
part of the commission's segment of California's coastal zone
management program, for purposes of the Coastal Zone Management Act
of 1972 (P.L. 92-583; 16 U.S.C. 1451 et seq.) as amended, and any
other federal act heretofore or hereafter enacted or amended that
relates to the planning or management of coastal zone resources.
(b) Except with respect to a facility defined in Section 25110,
the commission may exercise any and all powers set forth in the
Coastal Zone Management Act of 1972, as amended, or any amendment
thereto, or any other federal act heretofore or hereafter enacted
that relates to the planning or management of the marsh. In addition
to any other authority, the commission may grant or issue any
certificate or statement required pursuant to any such federal law
that an activity of any person is in conformity with the provisions
of this division.

29300. It is the intent of the Legislature to minimize duplication
and conflicts among existing state agencies carrying out their
regulatory duties and responsibilities in connection with the subject
matter of this division.

29301. Except as otherwise expressly provided in this division,
enactment of this division does not increase, decrease, duplicate, or
supersede the authority of any existing state agency.
This chapter does not limit in any way the regulatory controls
over development provided in Chapters 5 (commencing with Section
29400) and 6 (commencing with Section 29500); except that the
commission may not set standards or adopt regulations that duplicate
regulatory controls established by any existing state agency pursuant
to express statutory requirements or authorization.

29302. (a) This division imposes a judicially enforceable duty on
state agencies to comply with, and to carry out their duties and
responsibilities in conformity with, this division and the policies
of the protection plan.
(b) However, this division does not subject any agency of the
state or federal government to the permit requirements of Sections
29502, 29503, and 29504.
(c) Further, notwithstanding any policy of the protection plan to
the contrary, nothing contained in this division requires any local
government or state or federal agency to establish or meet a specific
water quality standard in the marsh or to maintain a specific level
of delta outflow.

29303. It is the intent of the Legislature that the provisions of
this division, the protection plan, and the local protection program,
or any component thereof, prepared pursuant to Chapter 5 (commencing
with Section 29400) provide the common assumptions upon which state
functional plans for the marsh are based in accordance with the
provisions of Section 65036 of the Government Code.

29304. (a) The commission may periodically submit to any state
agency recommendations designed to encourage such agency to carry out
its functions in a manner consistent with the policies of the
protection plan. The recommendations may include proposed changes in
regulations, rules, and statutes.
(b) Such state agency shall review and consider such
recommendations and shall, in the event the recommendations are not
implemented, report to the commission or the Governor and the
Legislature its action and the reasons therefor within six months
after receipt of the recommendations. Such report shall also include
the agency's comments on any legislation which may have been
proposed by the commission.
(c) The procedures provided in this section do not relieve the
commission of its responsibility to submit recommendations to other
state agencies in a timely manner pursuant to existing procedures;
and, to the maximum extent possible, the commission shall submit any
recommendations authorized by subdivision (a) pursuant to such
existing procedures.

29305. The Wildlife Conservation Board shall acquire title to, or a
lesser right or interest in, in such land or water as the board
determines is appropriate for the purposes of the protection plan;
and, when authorized by the board, the department shall construct
such facilities as are suitable for the purpose for which such
acquisitions were made. Such acquisitions shall be made in
accordance with the Wildlife Conservation Law of 1947 (commencing
with Section 1300 of the Fish and Game Code) and the criteria
specified in Section 29009 of this division.

29306. (a) The department and the Fish and Game Commission are the
state agencies that are primarily responsible for the establishment
and control of wildlife and fishery management programs, and the San
Francisco Bay Conservation and Development Commission may not
establish or impose any controls with respect thereto that duplicate
or exceed regulatory controls established by such agencies pursuant
to express statutory requirements or authorization.
(b) The department shall have primary responsibility for carrying
out fish and wildlife management programs in the marsh in accordance
with the management recommendations in the protection plan on lands
owned by the state and under the jurisdiction, control, or
supervision of the department.

29307. (a) The State Lands Commission shall have the primary
responsibility, in accordance with the provisions of Division 6
(commencing with Section 6001), for carrying out the management
recommendations in the protection plan on lands owned by the state
and under the jurisdiction, control, or supervision of the State
Lands Commission, including tidelands, submerged lands, swamp and
overflowed lands, and beds of navigable rivers and streams.
(b) Prior to approval by the San Francisco Bay Conservation and
Development Commission pursuant to Chapter 5 (commencing with Section
29400), the State Lands Commission shall review, and may comment on,
the proposed local protection program, or any component thereof,
that could affect state lands.
(c) No power granted to any local government or district under
this division, shall change the authority of the State Lands
Commission over granted or ungranted lands within its jurisdiction or
change the rights and duties of its grantees, lessees, or
permittees.
(d) Boundary settlements between the State Lands Commission and
other parties and any exchanges of land in connection therewith shall
not be a development within the meaning of that term as used in this
division.
(e) Nothing in this division shall amend or alter the terms and
conditions in any legislative grant of lands, in trust, to any local
government or district; except, that any development on such granted
lands shall, in addition to the terms and conditions of such grant,
be subject to the regulatory controls provided by Chapter 6
(commencing with Section 29500).

29308. All federal agencies, to the extent permitted under federal
law or regulations or the United States Constitution, shall comply
with this division and the policies of the protection plan.

29400. The county shall prepare the local protection program for
the marsh. The local protection program shall be consistent with the
provisions of this division and the policies of the protection plan.

29401. Within the marsh the local protection program shall include,
but not be limited to, the following:
(a) Any amendments to general or specific plans applicable to any
area within the marsh necessary to bring such plans into conformity
with this division and the policies of the protection plan.
(b) Enforceable standards for diking, flooding, draining, filling,
and dredging of sloughs, managed wetlands, and marshes.
(c) Enforceable standards for operation of septic tanks and
wastewater discharges.
(d) A management program prepared by the Suisun Resource
Conservation District designed to preserve, protect, and enhance the
plant and wildlife communities within the primary management area of
the marsh, including, but not limited to, enforceable standards for
diking, flooding, draining, filling, and dredging of sloughs, managed
wetlands, and marshes.
(e) Zoning ordinances or zoning district maps, or both,
designating principal permitted uses on lands within the marsh, which
ordinances or maps shall designate the existing agricultural and
wildlife habitat uses of such lands as principal permitted uses of
such lands.
(f) Enforceable standards for development to ensure that any use
of deepwater industrial and port areas near Collinsville designated
on the Suisun Marsh Protection Plan Map is in conformity with the
policies of the protection plan.
(g) Enforceable standards for the design and location of any new
development in the marsh to protect the visual characteristics of the
marsh and, where possible, to enhance views of the marsh.
(h) Enforceable standards for development designed (1) to minimize
soil erosion, especially during construction in areas of soil
instability, (2) to require special provisions for surface and
subsurface drainage, (3) to ensure that grading restores, rather
than disrupts, natural patterns and volumes of surface runoff, and
(4) to limit construction of impermeable surfaces over naturally
permeable soils and geologic areas, all to control erosion,
sedimentation, and runoff within the marsh.
(i) Enforceable standards for development adjacent to creeks and
watercourses to protect riparian habitat and to prevent waterway
modification or vegetation removal that increases sedimentation or
runoff in or into the marsh, to an extent that a significant, adverse
environmental impact will occur in the marsh.

29402. Outside the marsh, but within the watershed, the local
protection program shall include only ordinances controlling grading,
erosion, sedimentation, runoff, and creekside development that meet
the requirements of subdivisions (h) and (i) of Section 29401.

29403. Within the marsh, in addition to the requirements of
Sections 29400 and 29401, the component of the local protection
program prepared by the county shall include the following:
(a) A determination of the minimum size parcels necessary for
long-term agricultural use and productivity.
(b) Enforceable standards limiting or prohibiting land divisions
or other development that are inconsistent with protection of the
marsh and continued agricultural use.
(c) Enforceable standards precluding agricultural uses by type and
intensity that are inconsistent with the long-term preservation of
the marsh.
(d) Limitations on special assessments against agricultural lands
for the provision of public services, the demand for which is not
generated by agricultural uses on such lands.

29404. Notwithstanding the provisions of Section 29403, the local
protection program may not include any provision requiring particular
crops to be planted and harvested on agricultural lands within or
adjacent to the marsh or particular types or numbers of livestock to
be grazed on such lands.

29405. Notwithstanding the provisions of Sections 29400, 29401,
29402, and 29403, the local protection program for that portion of
the secondary management area west of State Highway Route 680 and
outside the city limits of the City of Fairfield as of January 1,
1977, may include only ordinances to be prepared by the county, in
cooperation with the City of Benicia, which control grading, erosion,
sediment, runoff, and creekside development and which meet the
requirements of subdivisions (h) and (i) of Section 29401. Such
ordinances shall take into consideration the seismic hazards and
unusually erodible and landslide-prone soils at this location, and
ensure that development, if any, in this portion of the secondary
management area will not cause increased sedimentation within the
marsh.

29406. Notwithstanding the provisions of Sections 29400, 29402, and
29403, the local protection program for the area that is located
east of State Highway Route 680, southeast of State Highway Route 80,
south of State Highway Route 12, and outside the marsh, and that is
also located within the City of Fairfield, or within the sphere of
influence of the City of Fairfield as such sphere of influence
existed on January 1, 1977, may contain only (1) zoning ordinances
implementing the land use designations of the Cordelia Area General
Plan Diagram as adopted by the City of Fairfield on September 17,
1974, and which is a part of the Central Solano County General Plan
and (2) ordinances controlling grading, erosion, sedimentation,
runoff, and creekside development that meet the requirements of
subdivisions (h) and (i) of Section 29401.

29407. Notwithstanding the provisions of Sections 29400, 29401, and
29403, the local protection program for that portion of the
secondary management area west of Shiloh Road and south of State
Highway Route 12 may not prohibit construction of reasonable
improvements (including construction of individual single-family
dwellings) related to the long-term continuation of existing
agricultural uses; nor shall the local protection program limit or
prohibit divisions of agricultural land within or adjacent to this
portion of the secondary management area if such divisions of land do
not affect long-term continuation of compatible agricultural uses
within, or adjacent to, the marsh.

29408. The local protection program shall not preclude the
continuation and expansion of existing nonagricultural uses on sites
in Section 11 or 12 of Township 4 North, Range 1 West, Mount Diablo
Baseline and Meridian, that were zoned for such uses as of January 1,
1977, and for the conduct of such uses so that they do not cause any
substantial, adverse impact on the marsh. The local protection
program shall also provide that any other use of these sites in the
future shall be compatible with the preservation of the marsh and its
wildlife resources.

29409. Notwithstanding the policies of the protection plan, the
local protection program may not preclude the future development of a
new solid waste disposal site in the Potrero Hills if it can be
demonstrated that the construction and operation of solid waste
facilities at that site would not have significant, adverse
ecological or aesthetic impacts on the marsh.

29409.5. The component of the local protection program prepared by
the Solano County Local Agency Formation Commission shall conform to
this division and the policies of the protection plan, which shall
govern its decisions. That component of the local protection program
shall be specifically designed to encourage continued long-term
agricultural use of lands within and adjacent to the marsh and
continued wildlife use of lands within the marsh.

29410. The local protection program, if it is otherwise consistent
with the requirements of this division, may be submitted to the
commission if both of the following requirements are met:
(a) It is submitted pursuant to a resolution adopted after at
least one public hearing by each local government and district having
jurisdiction in the marsh and the Solano County Local Agency
Formation Commission stating the local protection program is intended
to be carried out in a manner fully in conformity with this
division.
(b) It contains materials sufficient for a thorough and complete
review.

29412.5. Notwithstanding Sections 29411 and 29412, the component of
the local protection program prepared by the Suisun Resource
Conservation District shall be submitted directly to the commission
not later than January 1, 1979. Such component shall include a water
management program for each managed wetland in private ownership
within the primary management area and shall specify all necessary
development related to such management. Such component shall be
processed by the commission pursuant to Sections 29413, 29414, 29415,
and 29416 with the remainder of the local protection program
submitted by the county.

29413. (a) Not less than 15 days after submission of the local
protection program, or any component thereof, pursuant to Section
29412, the commission shall request comments on the program from the
Department of Fish and Game, from the State Department of Health,
from all local governments, and from such other governmental agencies
and interested persons as the commission may determine would be of
assistance in reviewing the proposed program. The department or any
such agency or person shall provide its comments within 60 days of
the commission's request, and failure to provide comments within such
time shall be deemed to mean that the department or any such agency
or person has no comments to make.
(b) In addition to its responsibilities under subdivision (a), the
department shall specifically determine whether the component of the
local protection program prepared by the Suisun Resource
Conservation District is, in the opinion of the department,
consistent with this division and the policies of the protection
plan.
(c) The Director of Health shall specifically determine whether
the component of the local protection program prepared by the Solano
County Mosquito Abatement District is in conformity with the
applicable provisions of the Health and Safety Code.

29414. After receipt of the comments requested under Section 29413,
or the expiration of the 60-day time limit established in Section
29413, but in no event more than 90 days after receipt of the
proposed local protection program, the commission shall hold a public
hearing on the proposed program. The commission shall give notice
pursuant to Section 6066 of the Government Code, commencing not less
than 30 days before any such hearing.

29415. (a) After the public hearing, the commission shall determine
whether the proposed local protection program is in conformity with
this division and the policies of the protection plan. The
commission shall certify the local protection program, or any
component thereof, if the commission finds that it in all respects
meets the requirements of, and is in conformity with, this division
and the policies of the protection plan. Certification of the local
protection program, or any component thereof, shall require the
affirmative votes of a majority of the commission members. If,
within 120 days of receipt of the local protection program, the
commission has not voted on whether or not to certify it, it shall be
deemed certified.
(b) The commission shall not certify the component of the local
protection program, or any amendment thereto, prepared by the Suisun
Resource Conservation District unless the department determines, in
writing, pursuant to subdivision (b) of Section 29413, that such
component or amendment is consistent with this division and the
policies of the protection plan.
(c) The commission shall not certify the component of the local
protection program, or any amendment thereto, prepared by the Solano
County Mosquito Abatement District unless the Director of Health has
determined in writing, pursuant to subdivision (c) of Section 29413,
that such component is in conformity with the applicable provisions
of the Health and Safety Code.

29416. If the commission fails to certify the proposed local
protection program, the commission shall give written notice of its
action, specifying the portions of the local protection program that
are not in conformity with the provisions of this division and the
protection plan, and shall return the proposed program to the county,
which shall advise any affected local government or district, or the
Solano County Local Agency Formation Commission if affected, of the
commission's action.

29417. The county may revise and resubmit the local protection
program to the commission in accordance with the provisions of this
division. In the event the county declines to revise the local
protection program and resubmit it to the commission, any local
government, district, or the Solano County Local Agency Formation
Commission may submit its component of the local protection program
to the commission directly for approval in accordance with the
provisions of this division.

29418. (a) After certification by the commission, the local
protection program, or any component thereof, may be amended by the
appropriate local government or district, or the Solano County Local
Agency Formation Commission if appropriate. Any such amendment shall
meet, in all respects, the requirements of, and be in conformity
with, this division and the policies of the protection plan.
(b) Any proposed amendment to the local protection program, or any
component thereof, shall be submitted directly to the commission by
the appropriate local government or district, or the Solano County
Local Agency Formation Commission if appropriate. If the amendment
would affect any area in the marsh, it shall be processed by the
commission in accordance with the provisions of Sections 29413,
29414, 29415, and 29416.
(c) The commission shall establish, by regulation, a procedure
whereby amendments proposed by a local government, district, or the
Solano County Local Agency Formation Commission to the local
protection program, or any component thereof, may be reviewed and
designated by the executive director of the commission as being minor
in nature. Proposed amendments designated as minor shall not be
subject to the provisions of Sections 29412, 29413, 29414, 29415, and
29416 and shall take effect on the 10th working day after such
designation. Amendments that allow changes in uses may not be
designated as minor.
(d) For the purpose of this section an amendment of the local
protection program, or any component thereof, includes, but is not
limited to, any action by a local government, district, or the Solano
County Local Agency Formation Commission that authorizes a use of a
parcel of land other than that designated in the local protection
program as a permitted use of such parcel.

29419. (a) The local protection program, any component thereof, or
any amendment, shall not take effect until it has been formally
adopted by the responsible local government or district, or the
Solano County Local Agency Formation Commission if responsible, and
certified by the commission.
(b) Any amendment, or portion of any amendment, to the local
protection program that would affect any area outside the marsh shall
not be effective until the governing body of the local government or
district has (1) held a public hearing on the proposed amendment, of
which at least 30 days' notice has been given; (2) notified the
commission and the county in writing of the nature and text of the
proposed amendment at least 30 days prior to adoption, which
notification shall be accompanied by a resolution adopted by the
governing body stating that the amendment is consistent with this
division and the policies of the protection plan; and (3) submitted
the amendment as adopted to the commission and the county.

29420. (a) Upon request to the commission, the commission shall
grant to the county an extension of the time limit provided in
Section 29412 for submission to the commission of the local
protection program, or of the time limit provided in Section 29411
for submission to the county of any local protection program
component; provided, however, that no extension hereunder may
authorize submission of the local protection program, or any
component thereof, after January 1, 1980.
(b) The commission may extend, for a period not to exceed one
year, any other time limitation established by this chapter for good
cause.

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 beinconsistent with (continued)