DIVISION 21. STATE COASTAL CONSERVANCY [31000. - 31414.]
Division 21 added by Stats. 1976, Ch. 1441.
§§ 31000–31414 · 163 sections
CHAPTER 1. General Provisions and Definitions §§ 31000–31017 · 17 sections
- § 31000 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 31001 “Certified local coastal plan or program” means any plan or program or land use plan of a local program adopted by the commission pursuant to Chapter 6…
- § 31002 “Conservancy” means the State Coastal Conservancy.
- § 31004 “Commission” means the California Coastal Commission established under Chapter 4 (commencing with Section 30300) of Division 20.
- § 31005 “Bay commission” means the San Francisco Bay Conservation and Development Commission, established under Title 7.2 (commencing with Section 66600) of the…
- § 31006 (a) “Coastal zone” means that area of the state as defined in Section 30103. Only for purposes of conservancy action in San Francisco Bay, the “coastal zone”…
- § 31007 “Coastal restoration project” means an action taken by a public agency, including the conservancy, or a nonprofit organization, to correct undesirable…
- § 31008 “Coastal resource enhancement project” means an action taken by a public agency, including the conservancy, or a nonprofit organization, to restore, as nearly…
- § 31009 “Department” means the Department of Parks and Recreation.
- § 31010 “Local public agency” includes, but is not limited to, a city, county, city and county, district, association of governments, or joint powers agency.
- § 31011 Any funds received by the department pursuant to this division shall be deposited in the State Parks and Recreation Fund. Unless otherwise provided in this…
- § 31012 (a) The Coastal Trust Fund is hereby established in the State Treasury, to receive and disburse funds paid to the conservancy in trust, subject to the right of…
- § 31013 “Nonprofit organization” means any private, nonprofit organization that qualifies under Section 501(c)(3) of the United States Internal Revenue Code of 1986.
- § 31014 “Bay plan” means the San Francisco Bay Plan as adopted by the bay commission.
- § 31015 “Suisun Marsh Protection Plan” means the plan approved as provided in Division 19 (commencing with Section 29000).
- § 31016 “Local plan” means any land use plan of a local public agency, port district, regional park or open-space district, or recreation and park district whose…
- § 31017 “Public agency” includes, but is not limited to, local public agencies, state agencies, federal agencies, colleges and universities, intergovernmental bodies,…
CHAPTER 2. Declaration of State Policy and General Provisions §§ 31050–31056 · 7 sections
- § 31050 The Legislature finds and declares that the agricultural lands located within the coastal zone contribute substantially to the state and national food supply…
- § 31051 The Legislature further finds and declares that agricultural lands located within the coastal zone should be protected from intrusion of nonagricultural uses,…
- § 31052 The Legislature further finds and declares that lands within the coastal zone, principally in rural areas, are vacant or improperly utilized because of…
- § 31053 The Legislature further finds and declares that important fish and wildlife habitat, natural areas, and scenic and environmental resources within the coastal…
- § 31054 It is the policy of the state and the intent of the Legislature to provide for the State Coastal Conservancy, which should report to the Governor and to the…
- § 31055 No funds may be expended or granted under this division, unless and until such funds are appropriated by the Legislature.
- § 31056 (a) The conservancy is not required to provide funding for projects within the San Francisco Bay in the areas described in Section 31006, until the Legislature…
CHAPTER 3. Establishment and Functions of the State Coastal Conservancy §§ 31100–31123 · 31 sections
- § 31100 There is in the Resources Agency the State Coastal Conservancy, consisting of the following seven members: (a) The chairperson of the commission. (b) The…
- § 31100.5 Three Members of the Senate, appointed by the Senate Rules Committee, and three Members of the Assembly, appointed by the Speaker of the Assembly, shall meet…
- § 31101 (a) The members appointed under subdivisions (a) and (d) of Section 31100 shall serve for a term of four years. However, if a member is appointed under…
- § 31102 The Secretary of the Natural Resources Agency shall select one of the public members to serve as the chair of the conservancy. The public member shall serve as…
- § 31103 The conservancy shall determine the qualifications of, and it shall appoint and fix the salary of, the executive officer of the conservancy, who shall be…
- § 31103.1 Pursuant to Section 1090 of the Government Code, an officer or employee of the conservancy shall not be deemed to be financially interested in a contract made…
- § 31104 The conservancy may apply for and accept federal grants and receive gifts, donations, subventions, rents, royalties, and other financial support from public…
- § 31104.1 The conservancy shall serve as a repository for lands whose reservation is required to meet the policies and objectives of the California Coastal Act of 1976…
- § 31104.2 The conservancy is the designated agency in the state for planning and coordinating federal surplus land sales in the coastal zone.
- § 31104.3 On an annual basis or as may be required, the executive officer of the conservancy shall report to the Director of General Services regarding privately owned…
- § 31105 The conservancy is authorized to acquire, pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850), Division 3, Title 2 of the…
- § 31106 The State Public Works Board may, pursuant to Section 31105, use the power of eminent domain for the purposes specified in this division.
- § 31107 Notwithstanding other provisions of law, the Director of General Services, when so requested by the conservancy, shall lease, rent, sell, exchange, or…
- § 31107.1 The Department of General Services and the conservancy shall jointly develop and implement appropriate procedures to ensure that land acquisition, leasing,…
- § 31108 On January 2, three years after the most recent report was submitted, the conservancy shall prepare and submit to the Governor and to the Legislature a report…
- § 31108.5 The conservancy shall not expend any fees received pursuant to Section 30526, except to restore, replace, or improve resources or ecological systems in a…
- § 31109 Where certification of a local coastal plan or program is required under this division as a condition of action by the conservancy, the conservancy may take…
- § 31111 In implementing this division, the conservancy may fund and do all of the following: (a) Prepare plans and feasibility studies. (b) Provide technical…
- § 31111.3 When granting funds appropriated by Assembly Bill 74 (Chapter 23 of the Statutes of 2019) for purposes of addressing transboundary flows and pollution in the…
- § 31111.5 (a) In implementing this division, the conservancy may award a grant to a for-profit entity to accomplish the removal or alteration of the San Clemente Dam if…
- § 31112 With respect to its publications, the conservancy may accept subscriptions and nonpolitical advertising, and proceeds from them. All proceeds shall be…
- § 31113 (a) The Climate Ready Program is hereby established and shall be administered by the conservancy to address the impacts and potential impacts of climate change…
- § 31115 When a state agency that owns or manages land or water areas within the coastal zone has identified sensitive resource values and locations and types of…
- § 31115.5 Notwithstanding any other provision of law, the conservancy may undertake projects in the City of San Juan Capistrano pursuant to Chapter 4 (commencing with…
- § 31116 (a) Funds may be granted to a nonprofit organization under this division if the nonprofit organization enters into an agreement with the conservancy, subject…
- § 31117 Notwithstanding any provision of this division, the executive officer shall submit any plan or project proposed to be carried out pursuant to this division…
- § 31118 The conservancy may seek repayments of funds granted pursuant to this division on terms and conditions as it deems appropriate to carry out the provisions of…
- § 31119 (a) (1) The conservancy may undertake educational projects and programs for adults and for pupils in kindergarten to grade 12, inclusive, and award grants to…
- § 31120 In awarding grants to, or entering into agreements with, a federally recognized Indian tribe, the conservancy shall recognize and respect the limited…
- § 31122 Funds not otherwise restricted may be awarded by the conservancy, on and after January 1, 2020, for funding grants to nonprofit organizations that offer…
- § 31123 (a) The conservancy may authorize advance payments on a contract or grant awarded pursuant to this division in accordance with Section 11019.1 of the…
CHAPTER 4. Preservation of Agricultural Land §§ 31150–31156 · 8 sections
- § 31150 The conservancy may acquire fee title, development rights, easements, or other interests in land located in the coastal zone in order to prevent loss of…
- § 31150.1 Notwithstanding any other provision of law, the conservancy may enter into an option to acquire an interest in real property for an agricultural preservation…
- § 31151 In acquiring interest in agricultural lands, as provided in this division, the conservancy shall give the highest priority to urban fringe areas where the…
- § 31152 Notwithstanding any other provisions of this division to the contrary, the conservancy shall not act to acquire any interests in lands in the coastal zone for…
- § 31153 If the conservancy is unable to purchase an interest in agricultural land which meets the provisions of Section 31152, the conservancy may request the State…
- § 31154 The conservancy is authorized to lease lands acquired in accordance with the provisions of Section 31150. When such leases are made to private individuals or…
- § 31155 Proceeds from the sale or lease of lands acquired under the provisions of Section 31150 shall be deposited with the conservancy and, after transmission of any…
- § 31156 The conservancy may award grants to public agencies and nonprofit organizations for the purpose of acquiring fee title, development rights, easements, or other…
CHAPTER 4.5. San Francisco Bay Area Conservancy Program §§ 31160–31165 · 6 sections
- § 31160 The San Francisco Bay Area Conservancy Program is established pursuant to this chapter, to be administered by the conservancy, to address the resource and…
- § 31161 The Legislature hereby finds and declares that the nine counties that bound San Francisco Bay constitute a region with unique natural resource and outdoor…
- § 31162 The conservancy may undertake projects and award grants in the nine-county San Francisco Bay Area that will help achieve the following goals of the San…
- § 31163 (a) The conservancy shall cooperate with cities, counties, and districts, the bay commission, other regional governmental bodies, nonprofit land trusts,…
- § 31164 (a) The San Francisco Bay Area Conservancy Program Account is hereby created in the State Coastal Conservancy Fund, for the purpose of depositing and…
- § 31165 In order to benefit the San Francisco Bay region, the conservancy may undertake projects and award grants for activities that are compatible with the…
CHAPTER 4.6. Santa Ana River Conservancy Program §§ 31170–31180 · 11 sections
- § 31170 The Santa Ana River Conservancy Program is hereby established, to be administered by the conservancy, to address the resource and recreational goals of the…
- § 31171 The Legislature finds and declares all of the following: (a) The Santa Ana River is the largest stream system in southern California, covering an area of about…
- § 31172 For purposes of this chapter, the following terms have the following meanings: (a) “Program” means the Santa Ana River Conservancy Program. (b) “Program lands”…
- § 31173 The conservancy may undertake projects and award grants and loans to public agencies and nonprofit organizations to help achieve all of the following goals of…
- § 31174 In administering the program, the conservancy shall, consistent with the purposes of this chapter, do all of the following: (a) Create an advisory group to…
- § 31175 In carrying out the purposes of this chapter, and without limiting the express or implied powers of the conservancy in implementing other provisions of this…
- § 31176 (a) The conservancy shall, as necessary and appropriate, cooperate and consult with a public water or wastewater system before the conservancy acquires an…
- § 31177 (a) Notwithstanding Section 31175, the conservancy is subject to all laws, regulations, and general and specific plans of the legislative body of the city or…
- § 31178 To the extent feasible, in carrying out the purposes of this chapter, the conservancy shall utilize the services of the California Conservation Corps and…
- § 31179 (a) The Santa Ana River Conservancy Program Account is hereby created in the State Coastal Conservancy Fund. Moneys in the account shall accrue interest and be…
- § 31180 The conservancy shall include information about the program in its report to the Governor and Legislature pursuant to Section 31108.
CHAPTER 5. Coastal Restoration Projects §§ 31200–31215 · 18 sections
- § 31200 The conservancy may award grants to public agencies and nonprofit organizations for the purpose of restoration of areas of the coastal zone that, because of…
- § 31201 All areas proposed for restoration by the conservancy, a local public agency, or a nonprofit organization shall be identified in a certified local coastal plan…
- § 31203 In reviewing grant applications and restoration plans, the conservancy shall seek to promote excellence of design and shall stimulate projects which exhibit…
- § 31204 The conservancy may provide up to the total cost of any coastal restoration project, including the local share of federally supported projects. The conservancy…
- § 31205 The conservancy shall request the commission, local public agencies, nonprofit organizations, and other public and private groups to assist in the development…
- § 31206 In accordance with procedures adopted by the conservancy, public agencies and nonprofit organizations may submit proposed coastal restoration projects for…
- § 31207 In connection with proposed coastal restoration projects, the conservancy may fund up to three hundred thousand dollars ($300,000) of the cost of preparing…
- § 31207.1 Notwithstanding any other provision of law, the conservancy may enter into an option to acquire an interest in real property in connection with a restoration…
- § 31208 (a) Following completion of a coastal restoration plan, the conservancy shall forward the proposed plan to the commission for determination of conformity of…
- § 31208.5 In the case of San Francisco Bay projects, the conservancy shall forward a proposed coastal restoration plan to the bay commission for determination of…
- § 31209 Following approval of a restoration plan as provided in Section 31208, the conservancy shall so notify the local public agency and shall authorize the agency…
- § 31210 Costs of providing parks, open space, or other public areas and facilities may be included as project costs within coastal restoration areas, if they are…
- § 31211 The conservancy, local public agencies, and nonprofit organizations, in undertaking coastal restoration projects as provided in this chapter, shall be subject…
- § 31212 Any funds over and above eligible project costs which remain after completion of a coastal restoration project as provided in this chapter shall be transmitted…
- § 31213 Where a local public agency is unable or unwilling to undertake restoration of any area, the conservancy may undertake the restoration or authorize a nonprofit…
- § 31213.5 In the case of San Francisco Bay, the conservancy may undertake restoration of an area only upon formal request by resolution of a local public agency or the…
- § 31214 A restoration plan prepared for a project to be carried out by the conservancy as provided in Section 31213, shall, before any lands are acquired or other…
- § 31215 Prior to undertaking any restoration project under the provisions of Section 31213, the project shall be included within, and funded under, the Budget Act.
CHAPTER 5.5. Integrated Coastal and Marine Resources Protection § 31220 · 1 section
- § 31220 (a) In order to improve and protect coastal and marine water quality and habitats, the conservancy may undertake coastal watershed and coastal and marine…
CHAPTER 6. Coastal Resource Enhancement Projects §§ 31251–31270 · 19 sections
- § 31251 The conservancy may award grants to public agencies and nonprofit organizations for the purpose of enhancement of coastal resources that, because of…
- § 31251.2 (a) In order to enhance the natural or scenic character of coastal resources within the coastal zone, the conservancy may undertake a project or award a grant,…
- § 31252 All areas proposed for resource enhancement by a state agency, local public agency, or nonprofit organization shall be identified in a certified local coastal…
- § 31253 The conservancy may provide up to the total of the cost of any coastal resource enhancement project, including the state or local share of federally supported…
- § 31254 The conservancy shall request the commission, local public agencies, nonprofit organizations, and other public and private groups to assist in the development…
- § 31255 In accordance with procedures adopted by the conservancy, state agencies, local public agencies, and nonprofit organizations may submit proposed coastal…
- § 31255.1 Notwithstanding any other provision of law, the conservancy may enter into an option to acquire an interest in real property in connection with an enhancement…
- § 31257 In connection with proposed coastal resource enhancement projects, the conservancy may fund up to three hundred thousand dollars ($300,000) of the cost of…
- § 31258 (a) Following the completion of a coastal resource enhancement plan, the conservancy shall forward the plan to the commission for determination of conformity…
- § 31258.5 In the case of San Francisco Bay projects, the conservancy shall forward a coastal resource enhancement plan to the bay commission for determination of…
- § 31259 Following review and approval of a resource enhancement plan as provided in Section 31258, the conservancy shall so notify the agency and shall authorize the…
- § 31260 As part of an approved coastal resource enhancement project, the conservancy may fund the costs of land acquisition.
- § 31261 Private development may be permitted within the area of the coastal resource enhancement projects, where such development is compatible with the primary…
- § 31262 Any funds over and above eligible project costs which remain after completion of a resource enhancement project as provided in this chapter shall be…
- § 31263 If a local public agency or state agency is unable or unwilling to undertake improvement of a deteriorating area, the conservancy may undertake the coastal…
- § 31263.5 In the case of San Francisco Bay, the conservancy may undertake resource enhancement of an area only upon formal request by resolution of a local public agency…
- § 31264 A resource enhancement plan prepared for a project to be carried out directly by the conservancy as provided in Section 31263, shall, before any lands are…
- § 31265 Prior to undertaking any resource enhancement project under the provisions of Section 31263, the project shall be included within, and funded under, the Budget…
- § 31270 Notwithstanding the geographic limitations of this division or Division 20 (commencing with Section 30000), the conservancy may undertake a coastal resource…
CHAPTER 7. Urban Waterfront Restoration §§ 31300–31316 · 17 sections
- § 31300 This chapter shall be known and may be cited as the “Urban Waterfront Restoration Act of 1981“.
- § 31301 The Legislature finds and declares that California’s urban waterfronts, being often the first part of an urban area to develop and, thus, the first to decay,…
- § 31302 The conservancy shall administer the provisions of this chapter. The conservancy shall coordinate the activities of all other state agencies and all federal…
- § 31303 The conservancy shall request the commission, public agencies, nonprofit organizations, and other public and private groups to assist in the development of…
- § 31305 In reviewing grant applications and urban waterfront restoration plans, the conservancy shall seek to promote excellence of design and shall stimulate projects…
- § 31306 (a) The conservancy shall propose capital projects and capital programs, generated by the conservancy, local public agencies, or state agencies for grants…
- § 31307 The conservancy may award grants to public agencies and nonprofit organizations for the restoration of urban coastal waterfront areas.
- § 31308 The conservancy may provide up to the total cost of any urban waterfront project, including the local share of federally supported projects. The conservancy…
- § 31309 (a) Following approval of a proposed urban waterfront project by the conservancy, the conservancy may provide up to one hundred thousand dollars ($100,000) of…
- § 31310 Notwithstanding any other provision of law, the conservancy may enter into an option to acquire an interest in real property in connection with an urban…
- § 31311 Costs of providing parks, open space, or other public areas and facilities may be included as project costs within urban waterfront restoration areas, if they…
- § 31311.5 Where the conservancy awards any grant for the purpose of providing new or expanded facilities to serve the commercial fishing industry, the financial terms…
- § 31312 Local public agencies and nonprofit organizations, in undertaking urban waterfront restoration projects as provided in this chapter, shall be subject to the…
- § 31313 Any funds over and above eligible project costs which remain after completion of an urban waterfront project as provided in this chapter shall be transmitted…
- § 31314 Plans prepared pursuant to this chapter for the Port of San Francisco may seek to expedite the implementation of visitor serving commercial uses of port…
- § 31315 The conservancy, under its mandate for urban waterfront restoration, shall administer the distribution of state funds, when appropriated to the conservancy,…
- § 31316 Within the conservancy’s jurisdiction pursuant to this chapter and within urban coastal watershed areas, the conservancy may undertake projects and award…
CHAPTER 8. Reservation of Significant Coastal Resource Areas §§ 31350–31356 · 8 sections
- § 31350 It is the policy of the Legislature to assure that significant coastal resource sites shall be reserved for public use and enjoyment. To achieve this…
- § 31351 (a) The conservancy shall cooperate with the commission, bay commission, and other public agencies and with nonprofit organizations in ensuring the reservation…
- § 31352 (a) If a public agency or nonprofit organization is unable, due to limited financial resources or other circumstances, to acquire, hold, protect, or use an…
- § 31352.5 Where a nonprofit organization is better situated than the conservancy to acquire temporarily an interest in real property for later acquisition by a public…
- § 31353 Notwithstanding any other provision of law, the conservancy may enter into an option to acquire an interest in real property in connection with a…
- § 31354 The conservancy may not hold fee interests acquired in accordance with this chapter for more than 10 years from the time of acquisition. A public agency shall…
- § 31355 The conservancy is authorized to lease interest in real property acquired in accordance with this chapter. When the leases are made to private individuals or…
- § 31356 All remaining revenue derived from leases, after allocation to counties as specified in Section 31355, shall be deposited annually with the conservancy and…
CHAPTER 9. System of Public Accessways §§ 31400–31410 · 16 sections
- § 31400 The Legislature finds and declares that it is the policy of the state that the right of the public to access and enjoyment of the coastal resources should be…
- § 31400.1 The conservancy may award grants to any public agency or nonprofit organization to acquire land, or any interest therein, or to develop, operate, or manage…
- § 31400.2 The conservancy may provide up to the total cost of the acquisition of interests in lands and the initial development of public accessways by any public agency…
- § 31400.3 The conservancy may provide such assistance as is required to aid public agencies and nonprofit organizations in establishing a system of public coastal…
- § 31401 The conservancy shall develop and adopt standards to guide state and local public agencies and federal agencies to the extent permitted by federal law or…
- § 31402 In order to assure that an adequate system of public accessways is provided along the entire coastline, the department or the conservancy may acquire fee title…
- § 31402.1 (a) It is the intent of the Legislature to provide for timely acceptance of offers to dedicate interests in property, recorded pursuant to Division 20…
- § 31402.2 The conservancy shall accept any outstanding offer to dedicate a public accessway, described in Section 31402.1, that has not been accepted by another public…
- § 31402.3 (a) To the extent that funds are available in the Coastal Access Account in the State Coastal Conservancy Fund, the conservancy shall open at least three…
- § 31403 The department or the conservancy may not acquire any public access site under the power of eminent domain unless such acquisition is approved by the…
- § 31404 When another local public agency is unable or unwilling to take title to an area required for public access to and along the coastline, the department or the…
- § 31405 The department or the conservancy may accept, from any public agency or nonprofit organization, fees collected for purposes of providing public access to…
- § 31406 Notwithstanding any other provision of law, the conservancy may enter into an option to acquire an interest in real property in connection with a public access…
- § 31408 (a) The conservancy shall, in consultation with the Department of Parks and Recreation, the California Coastal Commission, and the Department of…
- § 31409 Consistent with the conservancy’s authority under this chapter to develop a system of public accessways to, and along, the state’s coastline, the conservancy…
- § 31410 (a) That portion of the Ma-le’l Dunes in Humboldt County that is part of the California Coastal Trail and is under the jurisdiction of the conservancy is…
CHAPTER 10. Lower Cost Coastal Accommodations Program §§ 31411–31414 · 4 sections
- § 31411 The Legislature finds and declares all of the following: (a) The right of access to the coast is guaranteed to the people of California by the California…
- § 31412 (a) The conservancy shall develop and implement a Lower Cost Coastal Accommodations Program to facilitate improvement of existing, and the development of new,…
- § 31413 (a) The conservancy shall prepare a lower cost coastal accommodations assessment that includes, at a minimum, all of the following elements: (1) (A) A…
- § 31414 (a) The conservancy may develop and implement a pilot program for the purposes of identifying and testing measures that support development, improvement,…