SECTIONS 29000-29014 - California Statutes

PUBLIC RESOURCES CODE

SECTION 29000-29014

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, and comprising almost 10 percent of
the remaining natural wetlands in California, plays an important
role in providing wintering habitat for waterfowl of the Pacific
Flyway; that during years of drought the area becomes particularly
important to waterfowl by virtue of its large expanse of aquatic
habitat and the scarcity of such habitat elsewhere; that the area
provides critical habitat for other wildlife forms, including such
endangered, rare, or unique species as the peregrine falcon,
white-tailed kite, golden eagle, California clapper rail, black rail,
salt-marsh harvest mouse, and Suisun shrew; that the existence of
this wide variety of wildlife is due to the relatively large expanse
of unbroken native habitat and the diversity of vegetation and
acquatic conditions that prevail in the marsh; that man is an
integral part of the present marsh ecosystem and, to a significant
extent, exercises control over the widespread presence of water and
the abundant source of waterfowl foods; that the Suisun Marsh
represents a unique and irreplaceable resource to the people of the
state and nation; that future residential, commercial, and industrial
developments could adversely affect the wildlife value of the area;
and that it is the policy of the state to preserve and protect
resources of this nature for the enjoyment of the current and
succeeding generations.

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 preservation of its waterfowl-carrying
capacity and retention of the diversity of its flora and fauna, there
is a need for all of the following:
(a) Provisions for establishment and maintenance of adequate
water quality.
(b) Improvement of present water management practices, including
drainage and other water control facilities within the Suisun Marsh.
(c) Establishment of criteria for the production of valuable
waterfowl food plants.
(d) Provisions for future supplemental water supplies and related
facilities to assure that adequate water quality will be achieved
within the wetland areas.
(e) Development and implementation of plans and policies to
protect the marsh from degradation by excessive human use.
(f) Definition and establishment of a buffer area consisting of
upland areas that have high wildlife values themselves and also
contribute to the integrity and continued wildlife use of the
wetlands within the marsh.

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 Game, pursuant to the
Nejedly-Bagley-Z'berg Suisun Marsh Preservation Act of 1974 (former
Chapter 9 (commencing with Section 1850) of Division 2 of the Fish
and Game Code), have made a detailed study of the Suisun Marsh; that
there has been extensive participation by other governmental
agencies, private interests, and the general public in the study; and
that, based on the study, the commission has prepared the Suisun
Marsh Protection Plan for the orderly and long-range conservation,
use, and management of the natural, scenic, recreational, and manmade
resources of the marsh.
(b) That the Suisun Marsh Protection Plan contains a series of
recommendations which require implementation by the Legislature; and,
accordingly, these recommendations are implemented in the manner
provided in this division.

29005. The Legislature further finds and declares as follows:
(a) That, to achieve maximum responsiveness to local conditions,
public accountability, and public accessibility, it is necessary to
rely heavily on local government and local land use planning
procedures and enforcement.
(b) That, to ensure maximum state and federal conformity with the
provisions of this division; to protect regional, state, and national
interests in assuring the maintenance of the long-term productivity
of the Suisun Marsh; to avoid long-term costs to the public and a
diminished quality of life resulting from the misuse of the marsh; to
coordinate and integrate the activities of the many agencies whose
activities impact the marsh; and to supplement the activities of such
agencies in matters not properly within the jurisdiction of any
existing agency; it is appropriate to provide for continued state
planning and management through the San Francisco Bay Conservation
and Development Commission, which since 1965 has exercised
jurisdiction over a substantial portion of the Suisun Marsh pursuant
to Title 7.2 (commencing with Section 66600) of the Government Code.

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 law, to adopt and enforce regulations, in
addition to, and not in conflict with, the requirements of this
division, imposing further conditions, restrictions, or limitations
with respect to any land or water use or other activity that might
adversely affect the resources of the marsh.
(b) On the power of any city, county, or district to declare,
prohibit, and abate nuisances.
(c) On the power of the Attorney General to bring an action in the
name of the people of the state on his own motion or at the request
of any state agency having standing under provisions of law other
than this division, to enjoin any waste or pollution of the marsh or
any nuisance.
(d) On the right of any person to maintain an appropriate action
for relief against a private nuisance or any other private relief.

29007. The Legislature further finds and declares that the public
has a right to participate fully in governmental decisions affecting
planning, conservation, and development of the Suisun Marsh; that
achievement of sound protection of the marsh is dependent upon public
understanding and support; and that continuing planning and
implementation of programs for marsh protection should include the
opportunity for public participation.

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 Francisco Bay Plan prepared and
administered by the San Francisco Bay Conservation and Development
Commission pursuant to Title 7.2 (commencing with Section 66600) of
the Government Code, and is an appropriate supplement to those
policies because of the unique characteristics of the Suisun Marsh.
Therefore, the Legislature declares that the appropriate policies of
both the San Francisco Bay Plan and the Suisun Marsh Protection Plan
shall apply within any area that is within the commission's
jurisdiction, as defined in Section 66610 of the Government Code, and
that is also within the marsh, as defined in Section 29101 of this
code, except where the San Francisco Bay Plan and the Suisun Marsh
Protection Plan may conflict. If a conflict occurs in a specific
instance, the policies of the Suisun Marsh Protection Plan shall
control.

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, and facilities suitable for such
purposes should be constructed thereon, if the land meets one or more
of the following criteria:
(a) It is suitable for passive recreational purposes such as
fishing and nature observation and is located in the outer portions
of the marsh near population centers or existing transportation
routes, such as State Highway Route 12.
(b) It is suitable for the purpose of restoring areas to tidal
action or to marsh or managed-wetland conditions and such restoration
cannot be required as a condition of private development.
(c) It is suitable for providing additional wildlife habitat
necessary to effective wildlife management, including consolidation
of management units and improved public hunting opportunities.
Acquisitions within this category should avoid privately owned
property already managed as wildlife habitat unless offered for sale
to the state.

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 Joaquin River
Delta meet and mix; and because of its location, the marsh provides a
transition zone between salt- and fresh-water habitats, creating a
unique diversity of fish and wildlife habitats.
(2) Water quality in the marsh is dependent on the salinity of the
water in sloughs of the marsh, which depends in turn on the amount
of freshwater flowing in from the delta.
(3) Numerous upstream storage facilities, together with diversions
of water from the delta and tributary streams of the delta, have
substantially reduced the amount of freshwater flowing into the marsh
from the delta.
(4) Further substantial diversions are planned, and these
diversions will have adverse impacts in the marsh through increased
salinity intrusion unless adequate mitigation measures are taken.
(5) Possible mitigation measures, including the development of
other sources of freshwater for the marsh, have been under study by a
variety of state and federal agencies.
(6) Protection of the marsh from salinity intrusion, particularly
protection through the development of alternative sources of
freshwater for the marsh, cannot be considered independently of other
issues relating to the management of California's water resources,
and discussions are now underway among various agencies of the state
and federal governments to resolve such issues.
(b) The Legislature, therefore, declares that it expects any
resolution of these issues, whether by written agreement, federal
legislation, state legislation, or any combination thereof, will
protect the marsh from the adverse impacts of salinity intrusion and
from any other significant adverse impacts.

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 should not be subject to extensive
human intrusion. Highest priority, therefore, should be given to
developing and maintaining opportunities for public access on lands
currently in, or in the future to be in, public ownership.

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 government acting pursuant to
this division, to exercise their powers to grant or deny a permit in
a manner which will take or damage private property for public use,
without the payment of just compensation therefor. This section is
not intended to increase or decrease the rights of any owner of
property under the Constitution of the State of California or of the
United States.

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 Marsh, except as expressly authorized
in Chapter 3 (commencing with Section 29200) and in Chapter 5
(commencing with Section 29400). Except as provided in Chapter 3
(commencing with Section 29200), neither the provisions of this
division nor of the Suisun Marsh Protection Plan shall apply to any
permit, development, or any other action or project which occurs
outside of the marsh prior to the approval of the local protection
program and its certification by the commission, as provided in
Article 2 (commencing with Section 29410) of Chapter 5.