CCLME.ORG - Suisun Marsh Preservation Act of 1977

(continued) 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.

29422. (a) The commission shall, from time to time, but at least
once every five years after certification, review the certified local
protection program, and each component thereof, to determine whether
such 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 thereof, 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. Such
recommendations may include recommended amendments to the local
protection program or any component thereof.
(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 such submission, forward to the commission a report setting
forth its reasons for not taking the recommended action. The
commission shall review such report and, where appropriate, report to
the Legislature and recommend legislative action necessary to assure
effective implementation of the relevant policy of this division.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

29600. The provisions of this chapter shall be in addition to any
other remedies available pursuant to law.

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.

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.

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.

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.

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.

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.

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.

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.

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.