SECTIONS 12250-12252 - California Statutes

PUBLIC RESOURCES CODE

SECTION 12250-12252

12250. Every application for the acquisition of a conservation
easement shall provide sufficient information to enable the
department to verify the parcel's eligibility for the program and to
understand the conservation objectives and the parcel's environmental
value or potential to protect forest and aquatic resources.

12250.5. In reviewing applications pursuant to this division, the
department shall determine whether the proposed conservation easement
meets the eligibility and selection criteria set forth in this
chapter and conforms with any rules or regulations adopted by the
department pursuant to this chapter.

12251. Proposed conservation easements shall meet the eligibility
criteria set forth in this section prior to review pursuant to the
selection criteria set forth in Section 12260. To be eligible for
participation, private forest land parcels proposed for protection
under the program shall comply with all of the following:
(a) Be subject to potential conversion.
(b) Be owned by landowners who are willing and interested in
selling or donating conservation easements.
(c) Be forested with at least 10-percent canopy cover by conifer
or hardwood species, or be capable of being so forested under natural
conditions.
(d) Possession of one or more environmental values of great
concern to the public and the state:
(1) Important fish and wildlife habitat.
(2) Areas that can help maintain habitat connectivity across
landscapes.
(3) Rare plants.
(4) Biodiversity.
(5) Riparian habitats.
(6) Oak woodlands.
(7) Ecological old growth forests.
(8) Other key forest types and seral stages that are poorly
represented across California.
(9) Lands that directly affect water quality and other watershed
values.
(e) Provision for continuity of one or more traditional forest
uses, such as commodities production or habitat maintenance.
(f) Possession of environmental values that can be protected and
managed effectively through conservation easements at reasonable
costs.

12252. The easement shall not be required as a condition of any
lease, permit, license, certificate, or other entitlement for use
issued by one or more public agencies, including, but not limited to,
mitigating the significant effects on the environment of a project
pursuant to an approved environmental impact report or mitigated
negative declaration pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000)), the Z'
berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with
Section 4511) of Part 2 of Division 4), the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), or pursuant to an approved environmental
impact statement or a finding of no significant impact under the
National Environmental Policy Act of 1969 (42 U.S.C.A. Sec. 4321 et
seq.) or the federal Endangered Species Act of 1973 (16 U.S.C.A. Sec.
1531 et seq.).