BlackletterCalifornia law

DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200. - 12276.]

Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1.

§§ 12200–12276 · 27 sections

  1. CHAPTER 1. General Provisions §§ 12200–12231 · 6 sections
    1. ARTICLE 1. Title § 12200 · 1 section
      • § 12200 This division shall be known and may be cited as the California Forest Legacy Program Act of 2007.
    2. ARTICLE 2. Findings and Declarations §§ 12210–12211 · 2 sections
      • § 12210 The Legislature hereby finds and declares all of the following: (a) Privately owned forest lands comprise nearly half of California’s 32.6 million acres of…
      • § 12211 It is the intent of the Legislature, in enacting this division and the California Forest Legacy Program, to protect forest lands and aquatic resources in…
    3. ARTICLE 3. Definitions § 12220 · 1 section
      • § 12220 Unless the context otherwise requires, the definitions in this article govern the construction of this division. (a) “Applicant” means a landowner who is…
    4. ARTICLE 4. Administration §§ 12230–12231 · 2 sections
      • § 12230 The department shall carry out the California Forest Legacy Program. Nothing in this division alters the department’s responsibility for the administration of…
      • § 12231 Nothing in this chapter grants any new authority to the department to affect local policy or land use decisionmaking.
  2. CHAPTER 2. California Forest Legacy Program §§ 12240–12249.6 · 11 sections
    • § 12240 The California Forest Legacy Program is hereby established. The Wildlife Conservation Board may acquire conservation easements on behalf of the department,…
    • § 12241 Money to fund the California Forest Legacy Program shall be obtained from gifts, donations, federal grants and loans, other appropriate funding sources, and…
    • § 12242 The implementation of the program includes the costs associated with the purchase or facilitated donation of conservation easements, technical assistance…
    • § 12244 Easements acquired under this program may be held by federal, state, or local government entities or by nonprofit land trust organizations. The director shall…
    • § 12245 The director shall not disburse any funds until the applicant agrees to both of the following: (a) That any conservation easement acquired shall be used by the…
    • § 12246 If a local, state, or national government agency or nonprofit land trust organization holding the easement is dissolved, the easement shall be transferred to…
    • § 12247 The easement, or any of its terms, may only be amended with the consent of all of the necessary parties to the easement. The department shall determine that…
    • § 12248 The director shall not disburse any funds unless the applicant agrees to restrict the use of the land in perpetuity.
    • § 12249 The board shall adopt rules and regulations for the implementation of this division, including the standards, criteria, and requirements necessary for…
    • § 12249.5 Rules or regulations adopted by the board pursuant to Section 12249 shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5…
    • § 12249.6 The department shall review, and approve or disapprove, applications from landowners for the acquisition of conservation easements on forest lands or woodlands.
  3. CHAPTER 3. Eligibility Criteria §§ 12250–12252 · 4 sections
    • § 12250 Every application for the acquisition of a conservation easement shall provide sufficient information to enable the department to verify the parcel’s…
    • § 12250.5 In reviewing applications pursuant to this division, the department shall determine whether the proposed conservation easement meets the eligibility and…
    • § 12251 Proposed conservation easements shall meet the eligibility criteria set forth in this section prior to review pursuant to the selection criteria set forth in…
    • § 12252 The easement shall not be required as a condition of any lease, permit, license, certificate, or other entitlement for use issued by one or more public…
  4. CHAPTER 4. Selection Criteria and Process §§ 12260–12264 · 4 sections
    • § 12260 If the department determines that the proposed conservation easement meets the eligibility criteria set forth in Section 12251, the application shall be…
    • § 12262 An applicant shall select and retain an independent real estate appraiser to determine the value of the conservation easement, which shall be calculated by…
    • § 12263 The department shall act on an application for the acquisition of a conservation easement within 180 days of its receipt, and shall notify the applicant in…
    • § 12264 The department may disapprove the application for the acquisition of a conservation easement in any of the following circumstances: (a) The application does…
  5. CHAPTER 5. Easement Monitoring and Management §§ 12275–12276 · 2 sections
    • § 12275 The department, local government entity, or nonprofit land trust organization acquiring an easement pursuant to this division shall monitor that easement in…
    • § 12276 The department shall ensure that any entity acquiring a conservation easement acquired pursuant to this division has adequate funding for, or otherwise…