DIVISION 20. CALIFORNIA COASTAL ACT [30000. - 30900.]
Division 20 added by Stats. 1976, Ch. 1330.
§§ 30000–30900 · 326 sections
CHAPTER 1. Findings and Declarations and General Provisions §§ 30000–30013 · 20 sections
- § 30000 This division shall be known and may be cited as the California Coastal Act of 1976.
- § 30001 The Legislature hereby finds and declares: (a) That the California coastal zone is a distinct and valuable natural resource of vital and enduring interest to…
- § 30001.2 The Legislature further finds and declares that, notwithstanding the fact electrical generating facilities, refineries, and coastal-dependent developments,…
- § 30001.3 The Legislature finds and declares all of the following: (a) Offshore wind energy generation is an important component of California’s renewable energy…
- § 30001.5 The Legislature further finds and declares that the basic goals of the state for the coastal zone are to: (a) Protect, maintain, and, where feasible, enhance…
- § 30002 The Legislature further finds and declares that: (a) The California Coastal Zone Conservation Commission, pursuant to the California Coastal Zone Conservation…
- § 30003 All public agencies and all federal agencies, to the extent possible under federal law or regulations or the United States Constitution, shall comply with the…
- § 30004 The Legislature further finds and declares that: (a) To achieve maximum responsiveness to local conditions, accountability, and public accessibility, it is…
- § 30005 No provision of this division is a limitation on any of the following: (a) Except as otherwise limited by state law, on the power of a city or county or city…
- § 30005.5 Nothing in this division shall be construed to authorize any local government, or to authorize the commission to require any local government, to exercise any…
- § 30006 The Legislature further finds and declares that the public has a right to fully participate in decisions affecting coastal planning, conservation, and…
- § 30006.5 The Legislature further finds and declares that sound and timely scientific recommendations are necessary for many coastal planning, conservation, and…
- § 30007 Nothing in this division shall exempt local governments from meeting the requirements of state and federal law with respect to providing low- and…
- § 30007.5 The Legislature further finds and recognizes that conflicts may occur between one or more policies of the division. The Legislature therefore declares that in…
- § 30008 This division shall constitute California’s coastal zone management program within the coastal zone for purposes of the Federal Coastal Zone Management Act of…
- § 30009 This division shall be liberally construed to accomplish its purposes and objectives.
- § 30010 The Legislature hereby finds and declares that this division is not intended, and shall not be construed as authorizing the commission, port governing body, or…
- § 30011 Nothing in this division shall authorize the commission to review a local government’s application of the requirements of Section 65590 of the Government Code…
- § 30012 (a) The Legislature finds that an educated and informed citizenry is essential to the well-being of a participatory democracy and is necessary to protect…
- § 30013 The Legislature further finds and declares that in order to advance the principles of environmental justice and equality, subdivision (a) of Section 11135 of…
CHAPTER 2. Definitions §§ 30100–30122 · 35 sections
- § 30100 Unless the context otherwise requires, the definitions in this chapter govern the interpretation of this division.
- § 30100.2 “Aquaculture” means a form of agriculture as defined in Section 17 of the Fish and Game Code. Aquaculture products are agricultural products, and aquaculture…
- § 30100.5 “Coastal county” means a county or city and county which lies, in whole or in part, within the coastal zone.
- § 30101 “Coastal-dependent development or use” means any development or use which requires a site on, or adjacent to, the sea to be able to function at all.
- § 30101.3 “Coastal-related development” means any use that is dependent on a coastal-dependent development or use.
- § 30101.5 “Coastal development permit” means a permit for any development within the coastal zone that is required pursuant to subdivision (a) of Section 30600.
- § 30102 “Coastal plan” means the California Coastal Zone Conservation Plan prepared and adopted by the California Coastal Zone Conservation Commission and submitted to…
- § 30103 (a) “Coastal zone” means that land and water area of the State of California from the Oregon border to the border of the Republic of Mexico, specified on the…
- § 30105 (a) “Commission” means the California Coastal Commission. Whenever the term California Coastal Zone Conservation Commission appears in any law, it means the…
- § 30105.5 “Cumulatively” or “cumulative effect” means the incremental effects of an individual project shall be reviewed in connection with the effects of past projects,…
- § 30106 “Development” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or…
- § 30107 “Energy facility” means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas,…
- § 30107.3 (a) “Environmental justice” means the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins, with respect…
- § 30107.5 “Environmentally sensitive area” means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special…
- § 30108 “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social,…
- § 30108.2 “Fill” means earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area.
- § 30108.4 “Implementing actions” means the ordinances, regulations, or programs which implement either the provisions of the certified local coastal program or the…
- § 30108.5 “Land use plan” means the relevant portions of a local government’s general plan, or local coastal element which are sufficiently detailed to indicate the…
- § 30108.55 “Local coastal element” is that portion of a general plan applicable to the coastal zone which may be prepared by local government pursuant to this division,…
- § 30108.6 “Local coastal program” means a local government’s (a) land use plans, (b) zoning ordinances, (c) zoning district maps, and (d) within sensitive coastal…
- § 30109 “Local government” means any chartered or general law city, chartered or general law county, or any city and county.
- § 30110 “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…
- § 30111 “Person” means any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility, and…
- § 30112 “Port governing body” means the Board of Harbor Commissioners or Board of Port Commissioners which has authority over the Ports of Hueneme, Long Beach, Los…
- § 30113 “Prime agricultural land” means those lands defined in paragraph (1), (2), (3), or (4) of subdivision (c) of Section 51201 of the Government Code.
- § 30114 “Public works” means the following: (a) All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar…
- § 30114.5 “Residential development project” means a multifamily housing project that consists exclusively of residential uses and includes four or more units.
- § 30115 “Sea” means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection…
- § 30116 “Sensitive coastal resource areas” means those identifiable and geographically bounded land and water areas within the coastal zone of vital interest and…
- § 30118 “Special district” means any public agency, other than a local government as defined in this chapter, formed pursuant to general law or special act for the…
- § 30118.5 “Special treatment area” means an identifiable and geographically bounded forested area within the coastal zone that constitutes a significant habitat area,…
- § 30119 “State university” means the University of California and the California State University.
- § 30120 “Treatment works” shall have the same meaning as set forth in the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) and any other federal act which…
- § 30121 “Wetland” means lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater…
- § 30122 “Zoning ordinance” means an ordinance authorized by Section 65850 of the Government Code or, in the case of a charter city, a similar ordinance enacted…
CHAPTER 2.5. Revisions to the Coastal Zone Boundary §§ 30150–30174 · 20 sections
- § 30150 Notwithstanding the maps adopted pursuant to Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of…
- § 30152 In Del Norte County: (a) Near the community of Smith River, approximately 255 acres are excluded as specifically shown on map 1. (b) The Fort Dick, Kings…
- § 30154 In Humboldt County: (a) In and near the City of Fortuna, approximately 265 acres seaward of State Highway Route 101 are excluded as specifically shown on map…
- § 30156 In San Mateo County, within the Butano Creek watershed, the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically…
- § 30156.1 In San Mateo County, in the City of Pacifica, approximately 11 acres situated east of State Highway Route 1 and described in Director’s Deed DD-028764-01-01…
- § 30158 In Santa Cruz County: (a) Near the community of Bonny Doon, the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically…
- § 30160 In Monterey County: (a) In the City of Marina, approximately 400 acres between Del Monte Boulevard and the new alignment of State Highway Route 1 are excluded…
- § 30162 In Santa Barbara County: (a) In Rancho San Julian and generally within the watershed of Jalama Creek, the boundary is moved seaward to the five-mile limit…
- § 30164 In Ventura County: (a) Near the mouth of the Ventura River, approximately 190 acres are added as specifically shown on map 19. (b) In the City of San…
- § 30166 In Los Angeles County: (a) In three locations within the Santa Monica Mountains, the boundary is moved seaward to the five-mile limit described in Section…
- § 30166.5 (a) On or before January 15, 2002, the commission shall submit to the City of Malibu an initial draft of the land use portion of the local coastal program for…
- § 30168 In Orange County: (a) In the City of Huntington Beach, approximately 9.5 acres are added as specifically shown on map 28. (b) In the City of Costa Mesa,…
- § 30169 (a) The Legislature hereby finds and declares that a dispute exists as to the proper location of the inland boundary of the coastal zone in the area commonly…
- § 30170 In San Diego County: (a) In the City of Oceanside, approximately 500 acres are excluded as specifically shown on maps 30A and 31. (b) In the City of Carlsbad,…
- § 30170.6 Notwithstanding Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976, any map dated September…
- § 30171 (a) On or before October 1, 1980, the commission shall submit to the City of Carlsbad an initial draft of the land use portion of the local coastal program for…
- § 30171.2 (a) Except as provided in subdivision (b), on and after January 1, 1985, no agricultural conversion fees may be levied or collected under the agricultural…
- § 30171.5 (a) The amount of the mitigation fee for development on nonprime agricultural lands in the coastal zone in the City of Carlsbad that lie outside of the areas…
- § 30172 In the San Diego County, an area consisting of approximately 180 acres lying west and south of Palomar Airport as shown on Map 155, which has been placed on…
- § 30174 Notwithstanding the maps adopted pursuant to Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of…
CHAPTER 3. Coastal Resources Planning and Management Policies §§ 30200–30270 · 42 sections
ARTICLE 1. General § 30200 · 1 section
- § 30200 (a) Consistent with the coastal zone values cited in Section 30001 and the basic goals set forth in Section 30001.5, and except as may be otherwise…
ARTICLE 2. Public Access §§ 30210–30214 · 6 sections
- § 30210 In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational…
- § 30211 Development shall not interfere with the public’s right of access to the sea where acquired through use or legislative authorization, including, but not…
- § 30212 (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where (1) it is…
- § 30212.5 Wherever appropriate and feasible, public facilities, including parking areas or facilities, shall be distributed throughout an area so as to mitigate against…
- § 30213 Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational…
- § 30214 (a) The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of…
ARTICLE 3. Recreation §§ 30220–30224 · 6 sections
- § 30220 Coastal areas suited for water-oriented recreational activities that cannot readily be provided at inland water areas shall be protected for such uses.
- § 30221 Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present and foreseeable future demand for public…
- § 30222 The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall…
- § 30222.5 Oceanfront land that is suitable for coastal dependent aquaculture shall be protected for that use, and proposals for aquaculture facilities located on those…
- § 30223 Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible.
- § 30224 Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public…
ARTICLE 4. Marine Environment §§ 30230–30236 · 8 sections
- § 30230 Marine resources shall be maintained, enhanced, and, where feasible, restored. Special protection shall be given to areas and species of special biological or…
- § 30231 The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine…
- § 30232 Protection against the spillage of crude oil, gas, petroleum products, or hazardous substances shall be provided in relation to any development or…
- § 30233 (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions…
- § 30234 Facilities serving the commercial fishing and recreational boating industries shall be protected and, where feasible, upgraded. Existing commercial fishing and…
- § 30234.5 The economic, commercial, and recreational importance of fishing activities shall be recognized and protected.
- § 30235 Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be…
- § 30236 Channelizations, dams, or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible, and be limited to (1)…
ARTICLE 5. Land Resources §§ 30240–30244 · 6 sections
- § 30240 (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources…
- § 30241 The maximum amount of prime agricultural land shall be maintained in agricultural production to assure the protection of the areas’ agricultural economy, and…
- § 30241.5 (a) If the viability of existing agricultural uses is an issue pursuant to subdivision (b) of Section 30241 as to any local coastal program or amendment to any…
- § 30242 All other lands suitable for agricultural use shall not be converted to nonagricultural uses unless (1) continued or renewed agricultural use is not feasible,…
- § 30243 The long-term productivity of soils and timberlands shall be protected, and conversions of coastal commercial timberlands in units of commercial size to other…
- § 30244 Where development would adversely impact archaeological or paleontological resources as identified by the State Historic Preservation Officer, reasonable…
ARTICLE 6. Development §§ 30250–30255 · 7 sections
- § 30250 (a) New residential, commercial, or industrial development, except as otherwise provided in this division, shall be located within, contiguous with, or in…
- § 30251 The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and…
- § 30252 The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit…
- § 30253 New development shall do all of the following: (a) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (b) Assure stability…
- § 30254 New or expanded public works facilities shall be designed and limited to accommodate needs generated by development or uses permitted consistent with the…
- § 30254.5 Notwithstanding any other provision of law, the commission may not impose any term or condition on the development of any sewage treatment plant which is…
- § 30255 Coastal-dependent developments shall have priority over other developments on or near the shoreline. Except as provided elsewhere in this division,…
ARTICLE 7. Industrial Development §§ 30260–30265.5 · 7 sections
- § 30260 (a) Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long-term growth…
- § 30261 Multicompany use of existing and new tanker facilities shall be encouraged to the maximum extent feasible and legally permissible, except where to do so would…
- § 30262 (a) New or expanded oil and gas development shall not be considered a coastal-dependent industrial facility for the purposes of Section 30260, and may be…
- § 30263 (a) New or expanded refineries or petrochemical facilities shall not be considered a coastal-dependent industrial facility for the purposes of Section 30260,…
- § 30264 Notwithstanding any other provision of this division except subdivisions (b) and (c) of Section 30413, new or expanded thermal electric generating plants may…
- § 30265 The Legislature finds and declares all of the following: (a) Transportation studies have concluded that pipeline transport of oil is generally both…
- § 30265.5 (a) The Governor, or the Governor’s designee, shall coordinate activities concerning the transport and refining of offshore oil. Coordination efforts shall…
ARTICLE 8. Sea Level Rise § 30270 · 1 section
- § 30270 The commission shall take into account the effects of sea level rise in coastal resources planning and management policies and activities in order to identify,…
CHAPTER 4. Creation, Membership, and Powers of Commission and Regional Commissions §§ 30300–30355 · 55 sections
ARTICLE 1. Creation, Membership of Commission and Regional Commission §§ 30300–30305 · 6 sections
- § 30300 There is in the Resources Agency the California Coastal Commission.
- § 30301 The commission shall consist of the following 15 members: (a) The Secretary of the Natural Resources Agency. (b) The Secretary of Transportation. (c) The…
- § 30301.2 (a) The appointments of the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, pursuant to subdivision (e) of Section 30301, shall be…
- § 30301.5 A member of the commission serving pursuant to subdivision (a), (b), or (c) of Section 30301 shall be a nonvoting member and may appoint a designee to serve at…
- § 30304 (a) Any member of the commission may, subject to the confirmation of the member’s appointing power, appoint an alternate member to represent the member at any…
- § 30305 Except as otherwise provided in this division, the commission shall succeed to any and all obligations, powers, duties, responsibilities, benefits, or legal…
ARTICLE 2. Qualifications and Organization §§ 30310–30319.5 · 12 sections
- § 30310 In making their appointments pursuant to this division, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make good faith…
- § 30312 The term of office of commission members shall be as follows: (a) (1) A person appointed by the Governor and qualified for membership because the person holds…
- § 30313 (a) Vacancies that occur shall be filled within 30 days after the occurrence of the vacancy, and shall be filled in the same manner in which the vacating…
- § 30314 (a) Except as provided in this section, members or alternates of the commission shall serve without compensation but shall be reimbursed for actual and…
- § 30315 (a) The commission shall meet at least 11 times annually at a place convenient to the public. Each meeting shall occur not more than 45 working days after the…
- § 30315.1 Adoption of findings for any action taken by the commission requires a majority vote of the members from the prevailing side present at the meeting of the…
- § 30315.5 Notwithstanding any other law, the commission shall make the notice of any public meeting or hearing of the commission available in both English and Spanish,…
- § 30316 The commission shall elect a chairperson and vice chairperson from among its members.
- § 30317 The headquarters of the commission shall be in a coastal county, but it may meet and may exercise any or all of its powers in any part of the state. The…
- § 30318 This division shall not preclude or prevent a member or employee of the commission who is also an employee of another public agency, a county supervisor or…
- § 30319 Any person who applies to the commission for approval of a development permit shall provide the commission with the names and addresses of all persons who, for…
- § 30319.5 An applicant whose permit is denied due to the applicant’s failure to comply with Section 30319 may not apply to the commission for approval of an identical or…
ARTICLE 2.5. Fairness and Due Process §§ 30320–30329 · 12 sections
- § 30320 (a) The people of California find and declare that the duties, responsibilities, and quasi-judicial actions of the commission are sensitive and extremely…
- § 30321 For purposes of this article, “a matter within the commission’s jurisdiction” means any permit action, federal consistency review, appeal, local coastal…
- § 30322 (a) For purposes of this article, except as provided in subdivision (b), an “ex parte communication” is any oral or written communication between a member of…
- § 30323 For purposes of this article, an “interested person” is any of the following: (a) Any applicant, an agent or an employee of the applicant, or a person…
- § 30324 (a) No commission member, nor any interested person, shall conduct an ex parte communication unless the commission member fully discloses and makes public the…
- § 30325 Nothing in this article prohibits any person or any interested person from testifying at a commission hearing, workshop, or other official proceeding, or from…
- § 30326 Any person, including a commission member, may request the commission staff to conduct a workshop on any matter before the commission or on any subject that…
- § 30327 (a) No commission member or alternate shall make, participate in making, or any other way attempt to use their official position to influence a commission…
- § 30327.5 (a) An interested person shall not give, convey, or make available gifts aggregating more than ten dollars ($10) in a calendar month to a commissioner or a…
- § 30327.6 (a) (1) Except as provided in paragraph (2), a person who for compensation attempts to influence or affect the outcome of a commission decision or action and…
- § 30328 If a violation of this article occurs and a commission decision may have been affected by the violation, an aggrieved person, as described in Section 30801,…
- § 30329 Notwithstanding Section 11425.10 of the Government Code, the ex parte communications provisions of the Administrative Procedure Act (Article 7 (commencing with…
ARTICLE 3. Powers and Duties §§ 30330–30344 · 19 sections
- § 30330 The commission, unless specifically otherwise provided, shall have the primary responsibility for the implementation of the provisions of this division and is…
- § 30331 The commission is designated the successor in interest to all remaining obligations, powers, duties, responsibilities, benefits, and interests of any sort of…
- § 30333 (a) Except as provided in Section 18930 of the Health and Safety Code, the commission may adopt or amend, by vote of a majority of the appointed membership of…
- § 30333.1 The commission shall periodically review its regulations and procedures and determine what revisions, if any, are necessary and appropriate to simplify and…
- § 30333.2 Notwithstanding any other provision of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18900) of Division 13…
- § 30334 The commission may do the following: (a) Contract for any private professional or governmental services, if the work or services cannot be satisfactorily…
- § 30334.5 In addition to the authority granted by Section 30334, the commission may apply for and accept grants, appropriations, and contributions in any form.
- § 30335 The commission shall appoint an executive director who shall be exempt from civil service and shall serve at the pleasure of the commission. The commission…
- § 30335.1 The commission shall provide for appropriate employees on the staff of the commission to assist applicants and other interested parties in connection with…
- § 30335.5 (a) The commission shall, if it determines that it has sufficient resources, establish one or more scientific panels to review technical documents and reports…
- § 30336 The commission shall, to the maximum extent feasible, assist local governments in exercising the planning and regulatory powers and responsibilities provided…
- § 30337 The commission shall, where feasible, and in cooperation with the affected agency, establish a joint development permit application system and public hearing…
- § 30338 By May 1, 1977, the commission, after full consultation with the State Water Resources Control Board, shall adopt regulations for the timing of its review of…
- § 30339 The commission shall: (a) Ensure full and adequate participation by all interested groups and the public at large in the commission’s work program. (b) Ensure…
- § 30340 The commission shall manage and budget any funds that may be appropriated, allocated, granted, or in any other way made available to the commission for…
- § 30340.5 (a) It is the policy of the state that no less than 50 percent of funds received by the state from the federal government pursuant to the Federal Coastal Zone…
- § 30340.6 (a) It is the intent of the Legislature that all costs mandated by the operation of this division be paid either with state or federal funds or both. The…
- § 30341 The commission may prepare and adopt any additional plans and maps and undertake any studies it determines to be necessary and appropriate to better accomplish…
- § 30344 (a) The Legislature hereby finds and declares that the coastal zone is one of its most precious natural resources, rich in diversity of living and nonliving…
ARTICLE 4. Local Coastal Program Implementation Costs §§ 30350–30355 · 6 sections
- § 30350 (a) It is the policy of the state that local governments be paid their legitimate costs, from either state or federal funds, for the implementation of…
- § 30351 The commission shall, not later than July 1, 1980, prepare and adopt procedures for the issuance and management of local coastal program implementation grants.…
- § 30352 (a) Any local government carrying out its certified local coastal programs may, upon the delegation of the development review authority pursuant to Section…
- § 30353 Payment for costs claimed pursuant to this article shall be made only for costs which, but for the operation of a certified local coastal program, would not…
- § 30354 (a) The executive director of the commission shall review and evaluate each claim submitted pursuant to this article and shall determine whether: (1) The costs…
- § 30355 As used in this article, “certified local coastal program” means any portion of a local coastal program that has been certified.
CHAPTER 5. State Agencies §§ 30400–30421 · 18 sections
ARTICLE 1. General §§ 30400–30405 · 6 sections
- § 30400 (a) It is the intent of the Legislature to minimize duplication and conflicts among existing state agencies carrying out their regulatory duties and…
- § 30401 Except as otherwise specifically provided in this division, enactment of this division does not increase, decrease, duplicate or supersede the authority of any…
- § 30402 All state agencies shall carry out their duties and responsibilities in conformity with this division.
- § 30403 It is the intent of the Legislature that the policies of this division and all local coastal programs prepared pursuant to Chapter 6 (commencing with Section…
- § 30404 The Natural Resources Agency shall periodically, in the case of the State Energy Resources Conservation and Development Commission, the State Board of Forestry…
- § 30405 (a) Notwithstanding Section 10231.5 of the Government Code, no later than July 1, 2027, and annually thereafter, the commission shall submit a report to the…
ARTICLE 2. State Agencies §§ 30410–30421 · 12 sections
- § 30410 (a) The commission and the San Francisco Bay Conservation and Development Commission shall conduct a joint review of this division and Title 7.2 (commencing…
- § 30411 (a) The Department of Fish and Wildlife and the Fish and Game Commission are the principal state agencies responsible for the establishment and control of…
- § 30412 (a) In addition to Section 13142.5 of the Water Code, this section shall apply to the commission and the State Water Resources Control Board and the California…
- § 30413 (a) In addition to the provisions set forth in subdivision (f) of Section 30241, and in Sections 25302, 25500, 25507, 25508, 25510, 25514, 25516.1, 25523, and
- § 30414 (a) The State Air Resources Board and air pollution control districts established pursuant to state law and consistent with requirements of federal law are the…
- § 30415 The Director of the Office of Planning and Research shall, in cooperation with the commission and other appropriate state agencies, review the policies of this…
- § 30416 (a) The State Lands Commission, in carrying out its duties and responsibilities as the state agency responsible for the management of all state lands,…
- § 30417 (a) In addition to the provisions set forth in Section 4551.5, this section shall apply to the State Board of Forestry and Fire Protection. (b) Within 180 days…
- § 30418 (a) Pursuant to Division 3 (commencing with Section 3000), the Geologic Energy Management Division of the Department of Conservation is the principal state…
- § 30419 The Division of Boating and Waterways within the Department of Parks and Recreation is the principal state agency for evaluating the economic feasibility of…
- § 30420 Before taking any action on (1) a local coastal program or any amendment thereto, (2) any coastal development permit, or (3) any consistency determination or…
- § 30421 State and regional agencies shall identify, assess, and, to the extent feasible and consistent with their statutory authorities, avoid, minimize, and mitigate…
CHAPTER 6. Implementation §§ 30500–30534 · 33 sections
ARTICLE 1. Local Coastal Program §§ 30500–30504 · 8 sections
- § 30500 (a) Each local government lying, in whole or in part, within the coastal zone shall prepare a local coastal program for that portion of the coastal zone within…
- § 30500.1 No local coastal program shall be required to include housing policies and programs.
- § 30500.5 (a) By July 1, 2026, the commission shall, in coordination with the Department of Housing and Community Development, develop and provide guidance for local…
- § 30501 The commission shall adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of a local coastal…
- § 30502 (a) The commission, in consultation with affected local governments and the appropriate regional commissions, shall, not later than September 1, 1977, after…
- § 30502.5 The commission shall recommend to the Legislature for designation by statute those sensitive coastal resource areas designated by the commission pursuant to…
- § 30503 During the preparation, approval, certification, and amendment of any local coastal program, the public, as well as all affected governmental agencies,…
- § 30504 Special districts, which issue permits or otherwise grant approval for development or which conduct development activities that may affect coastal resources,…
ARTICLE 2. Procedure for Preparation, Approval, and Certification of Local Coastal Programs §§ 30510–30526 · 21 sections
- § 30510 Consistent with this chapter, a proposed local coastal program may be submitted to the commission, if both of the following are met: (a) It is submitted…
- § 30511 Local coastal programs shall be submitted in accordance with the schedule established pursuant to Section 30517.5. At the option of the local government, this…
- § 30512 (a) The land use plan of a proposed local coastal program shall be submitted to the commission. The commission shall, within 90 working days after the…
- § 30512.2 The following provisions shall apply to the commission’s decision to certify or refuse certification of a land use plan pursuant to Section 30512: (a) The…
- § 30513 (a) The local government shall submit to the commission the zoning ordinances, zoning district maps, and, where necessary, other implementing actions that are…
- § 30514 (a) A certified local coastal program and all local implementing ordinances, regulations, and other actions may be amended by the appropriate local government,…
- § 30514.1 The commission shall adopt the findings or provide a written explanation or written notice, as appropriate, required by Sections 30512, 30512.2, and 30513 to…
- § 30515 Any person authorized to undertake a public works project or proposing an energy facility development may request any local government to amend its certified…
- § 30516 (a) Approval of a local coastal program shall not be withheld because of the inability of the local government to financially support or implement any policy…
- § 30517 The commission may extend, for a period of not to exceed one year, any time limitation established by this chapter for good cause.
- § 30517.5 (a) Within 60 days from the effective date of this section, the commission shall establish a schedule for the submittal of all land use plans that have not…
- § 30517.6 (a) Within 30 days after the certification of a land use plan, or any portion thereof, the commission shall, after consultation with the appropriate local…
- § 30519 (a) Except for appeals to the commission, as provided in Section 30603, after a local coastal program, or any portion thereof, has been certified and all…
- § 30519.1 (a) This section shall apply only to those parcels and areas within the City of Carlsbad for which a local coastal program has been prepared and certified by…
- § 30519.2 (a) (1) This subdivision shall only apply to territory described in paragraph (2) and defined as the “Annexed Area.” (2) For purposes of this section, “Annexed…
- § 30519.5 (a) The commission shall, from time to time, but at least once every five years after certification, review every certified local coastal program to determine…
- § 30520 (a) If the application of any certified local coastal program, or any portion thereof, is prohibited or stayed by any court, the permit authority provided for…
- § 30522 Nothing in this chapter shall permit the commission to certify a local coastal program which provides for a lesser degree of environmental protection than that…
- § 30523 It is the intent of the Legislature that local coastal programs certified by the commission should be sufficiently specific to meet the requirements of Section…
- § 30525 (a) Every state agency that owns or manages land or water areas within the coastal zone, including public beaches, parks, natural areas, and fish and wildlife…
- § 30526 (a) Because of the intensity of development contemplated, the area’s steep topography and highly erodible soils, and the demonstrated impacts from development…
ARTICLE 3. Coastal Public Access Program §§ 30530–30534 · 4 sections
- § 30530 It is the intent of the Legislature, consistent with the provisions of Chapter 9 (commencing with Section 31400) of Division 21, that a program to maximize…
- § 30531 The commission shall be responsible for the preparation of a public coastal access program which includes the elements set forth in this section and which, to…
- § 30532 The commission may enter into agreements with or issue grants to any public agency for the purpose of assisting the commission in meeting the requirements of…
- § 30534 The commission shall, within 10 days after receiving evidence of recordation of any offer to dedicate real property for access to or along the coast, which…
CHAPTER 7. Development Controls §§ 30600–30627 · 61 sections
ARTICLE 1. General Provisions §§ 30600–30617 · 47 sections
- § 30600 (a) Except as provided in subdivision (e), and in addition to obtaining any other permit required by law from any local government or from any state, regional,…
- § 30600.1 (a) In the event that an applicant for a coastal development permit had, prior to January 1, 1982, received from the appropriate local government final…
- § 30600.5 (a) Before the certification of a local coastal program and notwithstanding the provisions of subdivision (a) of Section 30519, after the effective date of…
- § 30600.6 (a) The Legislature finds that some new cost may be incurred by local governments when the authority to issue coastal development permits is delegated to these…
- § 30600.6.1 (a) For purposes of this section, the following terms shall apply: (1) “Applicant” means a public agency or a nonprofit organization, as that term is defined…
- § 30600.7 Where, prior to delegation of coastal permit authority pursuant to Section 30519, a modification of a refinery facility or petrochemical facility is necessary…
- § 30601 Prior to certification of the local coastal program and, where applicable, in addition to a permit from local government pursuant to subdivision (b) or (d) of…
- § 30601.3 (a) Notwithstanding Section 30519, the commission may process and act upon a consolidated coastal development permit application if both of the following…
- § 30601.4 (a) (1) The commission shall process a consolidated coastal development permit for any new development that requires a coastal development permit and that is…
- § 30601.5 Where the applicant for a coastal development permit is not the owner of a fee interest in the property on which a proposed development is to be located, but…
- § 30602 Prior to certification of its local coastal program, any action taken by a local government on a coastal development permit application may be appealed by the…
- § 30603 (a) After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the…
- § 30603.1 (a) In any city and county which so requests, the commission may adjust the inland boundary of the area within which the issuance of coastal development…
- § 30604 (a) Prior to certification of the local coastal program, a coastal development permit shall be issued if the issuing agency, or the commission on appeal, finds…
- § 30605 (a) To promote greater efficiency for the planning of any public works or state university or college or private university development projects, and as an…
- § 30605.1 (a) The executive director of the commission may determine that a proposed amendment to a public works plan or long-range development plan submitted by a state…
- § 30605.2 The commission shall track and publish on a public portion of its internet website any public works plans or long-range development plans, amendments to public…
- § 30606 Prior to the commencement of any development pursuant to Section 30605, the public agency proposing the public works project, or state university or college or…
- § 30607 Any permit that is issued or any development or action approved on appeal, pursuant to this chapter, shall be subject to reasonable terms and conditions in…
- § 30607.1 Where any dike and fill development is permitted in wetlands in conformity with Section 30233 or other applicable policies set forth in this division,…
- § 30607.2 (a) Conditions requiring housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, which were…
- § 30607.5 Within the City of San Diego, the commission shall not impose or adopt any requirements in conflict with the provisions of the plan for the protection of…
- § 30607.7 (a) A coastal development permit for sand replenishment requires the project applicant to provide onsite monitoring and supervision during the implementation…
- § 30607.8 (a) The commission shall, when assessing or directing the use of any reclaimed in-lieu fees for any coastal development project, consider the lower cost…
- § 30608 No person who has obtained a vested right in a development prior to the effective date of this division or who has obtained a permit from the California…
- § 30609 Where, prior to January 1, 1977, a permit was issued and expressly made subject to recorded terms and conditions that are not dedications of land or interests…
- § 30609.5 (a) Except as provided in subdivisions (b) and (c), no state land that is located between the first public road and the sea, with an existing or potential…
- § 30610 Notwithstanding any other provision of this division, no coastal development permit shall be required pursuant to this chapter for the following types of…
- § 30610.05 (a) (1) By July 1, 2027, the commission shall, pursuant to the requirements of subdivision (e) of Section 30610, and in consultation with the Department of…
- § 30610.1 (a) Prior to certification of the applicable local coastal program, no coastal development permit shall be required for the construction of a single-family…
- § 30610.2 (a) Any person wishing to construct a single-family residence on a vacant lot within an area designated by the commission pursuant to subdivision (b) of…
- § 30610.3 (a) Whenever the commission determines (1) that public access opportunities through an existing subdivided area, which has less than 75 percent of the…
- § 30610.4 (a) Upon establishment of an acquisition cost pursuant to subdivision (f) of Section 30610.3, the commission shall review the area in question to determine if…
- § 30610.5 Urban land areas shall, pursuant to the provisions of this section, be excluded from the permit provisions of this chapter. (a) Upon the request of a local…
- § 30610.6 (a) The Legislature hereby finds and declares that it is in the public interest to provide by statute for the resolution of the lengthy and bitter dispute…
- § 30610.8 (a) The Legislature hereby finds and declares that a dispute exists at the Hollister Ranch in the County of Santa Barbara with respect to the implementation of…
- § 30610.81 (a) (1) To ensure public access to Hollister Ranch in the County of Santa Barbara, the commission shall, in collaboration with the State Coastal Conservancy,…
- § 30610.9 (a) This section applies only if the governing body of a local government elects to designate the commission as the processing and permitting authority for…
- § 30610.91 (a) The Legislature finds and declares that designing and building complete streets that safely accommodate the needs of nonmotorized vehicles, pedestrians,…
- § 30611 When immediate action by a person or public agency performing a public service is required to protect life and public property from imminent danger, or to…
- § 30612 An application for a coastal development permit to demolish a structure shall not be denied unless the agency authorized to issue that permit, or the…
- § 30612.5 (a) The Legislature finds and declares all of the following: (1) The California coast is a unique and exceptional resource of international renown. (2) The…
- § 30613 (a) The provisions of subdivision (b) of Section 30519, subdivision (b) of Section 30600, and subdivision (b) of Section 30610.5, which apply to lands subject…
- § 30614 (a) The commission shall take appropriate steps to ensure that coastal development permit conditions existing as of January 1, 2002, relating to affordable…
- § 30615 (a) As used in this section: (1) “Event” means a competition event within the coastal zone. (2) “Prize compensation” includes prize or purse money, other…
- § 30616 (a) (1) The California Offshore Wind Energy Fisheries Working Group is hereby established. The working group shall be composed of representatives of the…
- § 30617 As part of the commission’s federal consistency process, when reviewing a workforce development plan submitted to the federal Bureau of Ocean Energy Management…
ARTICLE 2. Development Control Procedures §§ 30620–30627 · 14 sections
- § 30620 (a) By January 30, 1977, the commission shall, consistent with this chapter, prepare interim procedures for the submission, review, and appeal of coastal…
- § 30620.1 (a) The Coastal Act Services Fund is hereby created in the State Treasury, to be administered by the commission. The moneys in the fund, upon appropriation by…
- § 30620.2 The Coastal Access Account is hereby created in the State Coastal Conservancy Fund. The money in the account shall be available, upon appropriation by the…
- § 30620.5 (a) A local government may exercise the option provided in subdivision (b) of Section 30600, if it does so for the entire area of its jurisdiction within the…
- § 30620.6 The commission shall, not later than August 1, 1978, and after public hearing, adopt public notice and appeal procedures for the review of development projects…
- § 30621 (a) The commission shall provide for a de novo public hearing on applications for coastal development permits and any appeals brought pursuant to this division…
- § 30622 The commission shall act upon the coastal development permit application or an appeal within 21 days after the conclusion of the hearing pursuant to Section…
- § 30623 If an appeal of any action on any development by any local government or port governing body is filed with the commission, the operation and effect of that…
- § 30624 (a) The commission shall provide, by regulation, for the issuance of coastal development permits by the executive director of the commission or, where the…
- § 30624.7 The commission may, after a public hearing, by regulation, adopt procedures for the issuance by the executive director of waivers from coastal development…
- § 30624.9 (a) For purposes of this section, “minor development” means a development which a local government determines satisfies all of the following requirements: (1)…
- § 30625 (a) Except as otherwise specifically provided in Section 30602, any appealable action on a coastal development permit or claim of exemption for any development…
- § 30626 The commission may, by regulation, provide for the reconsideration of the terms and conditions of any coastal development permit granted by the commission…
- § 30627 (a) The commission shall, by regulation, provide procedures which the commission shall use in deciding whether to grant reconsideration of any of the…
CHAPTER 8. Ports §§ 30700–30721 · 21 sections
ARTICLE 1. Findings and General Provisions §§ 30700–30701 · 3 sections
- § 30700 For purposes of this division, notwithstanding any other provisions of this division except as specifically stated in this chapter, this chapter shall govern…
- § 30700.5 The definitions of Chapter 2 (commencing with Section 30100) and the provisions of Chapter 9 (commencing with Section 30800) and Section 30900 shall apply to…
- § 30701 The Legislature finds and declares that: (a) The ports of the State of California, including the Humboldt Bay Harbor, Recreation, and Conservation District,…
ARTICLE 2. Policies §§ 30702–30708 · 6 sections
- § 30702 For purposes of this division, the policies of the state with respect to providing for port-related developments consistent with coastal protection in the port…
- § 30703 The California commercial fishing industry is important to the State of California; therefore, ports shall not eliminate or reduce existing commercial fishing…
- § 30705 (a) Water areas may be diked, filled, or dredged when consistent with a certified port master plan only for the following: (1) Construction, deepening,…
- § 30706 In addition to the other provisions of this chapter, the policies contained in this section shall govern filling seaward of the mean high tide line within the…
- § 30707 New or expanded tanker terminals shall be designed and constructed to do all of the following: (a) Minimize the total volume of oil spilled. (b) Minimize the…
- § 30708 All port-related developments shall be located, designed, and constructed so as to: (a) Minimize substantial adverse environmental impacts. (b) Minimize…
ARTICLE 3. Implementation; Master Plan §§ 30710–30721 · 12 sections
- § 30710 Within 90 days after January 1, 1977, the commission shall, after public hearing, adopt, certify, and file with each port governing body a map delineating the…
- § 30711 (a) A port master plan that carries out the provisions of this chapter shall be prepared and adopted by each port governing body, and for informational…
- § 30712 In the consideration and approval of a proposed port master plan, the public, interested organizations, and governmental agencies shall be encouraged to submit…
- § 30714 After public notice, hearing, and consideration of comments and testimony received pursuant to Section 30712, the port governing body shall adopt its master…
- § 30715 (a) Until such time as a port master plan or any portion thereof has been certified, the commission shall permit developments within ports as provided for in…
- § 30715.5 No development within the area covered by the certified port master plan shall be approved by the port governing body unless it finds that the proposed…
- § 30716 (a) A certified port master plan may be amended by the port governing body, but an amendment shall not take effect until it has been certified by the…
- § 30717 The governing bodies of ports shall inform and advise the commission in the planning and design of appealable developments authorized under this chapter, and…
- § 30718 For developments approved by the commission in a certified master plan, but not appealable under the provisions of this chapter, the port governing body shall…
- § 30719 Any development project or activity authorized or approved pursuant to the provisions of this chapter shall be deemed certified by the commission as being in…
- § 30720 If the application of any port master plan or part thereof is prohibited or stayed by any court, the permit authority provided for in Chapter 7 (commencing…
- § 30721 (a) The Legislature recognizes that Port Hueneme is unique in its relationship to the coast in that it is the only deep water port operated by a harbor…
CHAPTER 9. Judicial Review, Enforcement, and Penalties §§ 30800–30824 · 20 sections
ARTICLE 1. General Provisions §§ 30800–30812 · 13 sections
- § 30800 The provisions of this chapter shall be in addition to any other remedies available at law.
- § 30801 (a) Any aggrieved person shall have a right to judicial review of any decision or action of the commission by filing a petition for a writ of mandate in…
- § 30802 Any person, including an applicant for a permit or the commission, aggrieved by the decision or action of a local government that is implementing a certified…
- § 30803 (a) Any person may maintain an action for declaratory and equitable relief to restrain any violation of this division, of a cease and desist order issued…
- § 30804 Any person may maintain an action to enforce the duties specifically imposed upon the commission, any governmental agency, any special district, or any local…
- § 30805 Any person may maintain an action for the recovery of civil penalties provided for in Section 30820 or 30821.6.
- § 30805.5 Any action pursuant to Sections 30805 or 30822 to recover civil fines or penalties under this chapter shall be commenced not later than three years from the…
- § 30806 (a) Any civil action under this division by, or against, a city, county, or city and county, the commission, special district, or any other public agency…
- § 30808 In addition to any other remedy provided by this article, any person, including the commission may bring an action to restrain a violation of the terms and…
- § 30809 (a) If the executive director determines that any person or governmental agency has undertaken, or is threatening to undertake, any activity that (1) may…
- § 30810 (a) If the commission, after public hearing, determines that any person or governmental agency has undertaken, or is threatening to undertake, any activity…
- § 30811 In addition to any other authority to order restoration, the commission, a local government that is implementing a certified local coastal program, or a port…
- § 30812 (a) Whenever the executive director of the commission has determined, based on substantial evidence, that real property has been developed in violation of this…
ARTICLE 2. Penalties §§ 30820–30824 · 7 sections
- § 30820 (a) Any person who violates any provision of this division may be civilly liable in accordance with this subdivision as follows: (1) Civil liability may be…
- § 30821 (a) In addition to any other penalties imposed pursuant to this division, a person, including a landowner, who is in violation of the public access provisions…
- § 30821.3 (a) In addition to any other penalties imposed pursuant to this division, a person, including a landowner, who is in violation of any provision of this…
- § 30821.6 (a) Any person or governmental agency who intentionally or negligently violates any cease and desist order issued, reissued, or amended by the executive…
- § 30822 Where a person has intentionally and knowingly violated any provision of this division or any order issued pursuant to this division, the commission may…
- § 30823 Any funds derived under this article shall be expended for carrying out the provisions of this division, when appropriated by the Legislature. Funds so derived…
- § 30824 In addition to any other applicable penalty, any commission member who knowingly violates Section 30324 is subject to a civil fine, not to exceed seven…
CHAPTER 10. Severability § 30900 · 1 section
- § 30900 If any provision of this division or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions…