DIVISION 19. SUISUN MARSH PRESERVATION [29000. - 29612.]
Division 19 added by Stats. 1977, Ch. 1155.
§§ 29000–29612 · 105 sections
CHAPTER 1. General Provisions §§ 29000–29014 · 14 sections
- § 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,…
- § 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…
- § 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…
- § 29005 The Legislature further finds and declares as follows: (a) That, to achieve maximum responsiveness to local conditions, public accountability, and public…
- § 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…
- § 29007 The Legislature further finds and declares that the public has a right to participate fully in governmental decisions affecting planning, conservation, and…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 2. Definitions §§ 29100–29117 · 19 sections
- § 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…
- § 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,…
- § 29102 “Primary management area” means water-covered areas, tidal marsh, diked-off wetlands, seasonal marsh, and lowland grassland specified on the map identified in…
- § 29103 “Secondary management area” means the upland grasslands, cultivated lands, and low-lying areas adjacent to the primary management area specified on the map…
- § 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,…
- § 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…
- § 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…
- § 29111 “Local protection program” means those provisions of general or specific plans; ordinances; zoning district maps; land use regulations, procedures, or…
- § 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…
- § 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…
- § 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…
- § 29115 “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social,…
- § 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…
- § 29117 (a) “Person” means any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility;…
CHAPTER 3. Responsibilities of the Commission §§ 29200–29205 · 6 sections
- § 29200 Unless expressly provided otherwise in this division, the commission shall have the primary state responsibility for the implementation of the provisions of…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 4. Responsibilities of Other State and Federal Agencies §§ 29300–29308 · 9 sections
- § 29300 It is the intent of the Legislature to minimize duplication and conflicts among existing state agencies carrying out their regulatory duties and…
- § 29301 Except as otherwise expressly provided in this division, enactment of this division does not increase, decrease, duplicate, or supersede the authority of any…
- § 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…
- § 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,…
- § 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…
- § 29305 The Wildlife Conservation Board shall acquire title to, or a lesser right or interest in, land or water that the board determines is appropriate for the…
- § 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…
- § 29307 (a) The State Lands Commission shall have the primary responsibility, in accordance with the provisions of Division 6 (commencing with Section 6001), for…
- § 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…
CHAPTER 5. Responsibilities of the Commission and Local Agencies §§ 29400–29433 · 30 sections
ARTICLE 1. Local Protection Program §§ 29400–29409.5 · 11 sections
- § 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…
- § 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…
- § 29402 Outside the marsh, but within the watershed, the local protection program shall include only ordinances controlling grading, erosion, sedimentation, runoff,…
- § 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…
- § 29404 Notwithstanding the provisions of Section 29403, the local protection program may not include any provision requiring particular crops to be planted and…
- § 29405 Notwithstanding the provisions of Sections 29400, 29401, 29402, and 29403, the local protection program for that portion of the secondary management area west…
- § 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,…
- § 29407 Notwithstanding the provisions of Sections 29400, 29401, and 29403, the local protection program for that portion of the secondary management area west of…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program §§ 29410–29424 · 14 sections
- § 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…
- § 29412.5 Notwithstanding Sections 29411 and 29412, the component of the local protection program prepared by the Suisun Resource Conservation District shall be…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 29418 (a) After certification by the commission, the local protection program, or any component thereof, may be amended by the appropriate local government or…
- § 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…
- § 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…
- § 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…
- § 29422 (a) The commission shall, by no later than July 1, 2025, and at least once every five years thereafter, review the certified local protection program, and each…
- § 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…
- § 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…
ARTICLE 2.5. Agricultural Lands § 29427 · 1 section
- § 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…
ARTICLE 3. Preferential Assessment §§ 29430–29433 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 6. Development Controls §§ 29500–29524 · 17 sections
ARTICLE 1. General Provisions §§ 29500–29510 · 12 sections
- § 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,…
- § 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…
- § 29501.5 Notwithstanding the provisions of Section 29500, within the primary management area no marsh development permit shall be required for any development specified…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
ARTICLE 2. Development Control Procedures §§ 29520–29524 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 7. Judicial Review, Enforcement, and Penalties §§ 29600–29612 · 10 sections
ARTICLE 1. General Provisions §§ 29600–29606 · 7 sections
- § 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…
- § 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…
- § 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…
- § 29604 Any person may maintain an action to enforce the duties specifically imposed upon the commission, any governmental agency, any district, or any local…
- § 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…
- § 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,…
ARTICLE 2. Penalties §§ 29610–29612 · 3 sections
- § 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…
- § 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…
- § 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…