SECTIONS 29410-29424 - California Statutes

PUBLIC RESOURCES CODE

SECTION 29410-29424

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 requirements are met:
(a) It is submitted pursuant to a resolution adopted after at
least one public hearing by each local government and district having
jurisdiction in the marsh and the Solano County Local Agency
Formation Commission stating the local protection program is intended
to be carried out in a manner fully in conformity with this
division.
(b) It contains materials sufficient for a thorough and complete
review.

29412.5. Notwithstanding Sections 29411 and 29412, the component of
the local protection program prepared by the Suisun Resource
Conservation District shall be submitted directly to the commission
not later than January 1, 1979. Such component shall include a water
management program for each managed wetland in private ownership
within the primary management area and shall specify all necessary
development related to such management. Such component shall be
processed by the commission pursuant to Sections 29413, 29414, 29415,
and 29416 with the remainder of the local protection program
submitted by the county.

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 comments on the program from the
Department of Fish and Game, from the State Department of Health,
from all local governments, and from such other governmental agencies
and interested persons as the commission may determine would be of
assistance in reviewing the proposed program. The department or any
such agency or person shall provide its comments within 60 days of
the commission's request, and failure to provide comments within such
time shall be deemed to mean that the department or any such agency
or person has no comments to make.
(b) In addition to its responsibilities under subdivision (a), the
department shall specifically determine whether the component of the
local protection program prepared by the Suisun Resource
Conservation District is, in the opinion of the department,
consistent with this division and the policies of the protection
plan.
(c) The Director of Health shall specifically determine whether
the component of the local protection program prepared by the Solano
County Mosquito Abatement District is in conformity with the
applicable provisions of the Health and Safety Code.

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 90 days after receipt of the
proposed local protection program, the commission shall hold a public
hearing on the proposed program. The commission shall give notice
pursuant to Section 6066 of the Government Code, commencing not less
than 30 days before any such hearing.

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 of the protection plan. The commission
shall certify the local protection program, or any component
thereof, if the commission finds that it in all respects meets the
requirements of, and is in conformity with, this division and the
policies of the protection plan. Certification of the local
protection program, or any component thereof, shall require the
affirmative votes of a majority of the commission members. If, within
120 days of receipt of the local protection program, the commission
has not voted on whether or not to certify it, it shall be deemed
certified.
(b) The commission shall not certify the component of the local
protection program, or any amendment thereto, prepared by the Suisun
Resource Conservation District unless the department determines, in
writing, pursuant to subdivision (b) of Section 29413, that such
component or amendment is consistent with this division and the
policies of the protection plan.
(c) The commission shall not certify the component of the local
protection program, or any amendment thereto, prepared by the Solano
County Mosquito Abatement District unless the Director of Health has
determined in writing, pursuant to subdivision (c) of Section 29413,
that such component is in conformity with the applicable provisions
of the Health and Safety Code.

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 the local protection program that
are not in conformity with the provisions of this division and the
protection plan, and shall return the proposed program to the county,
which shall advise any affected local government or district, or the
Solano County Local Agency Formation Commission if affected, of the
commission's action.

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 declines to revise the local
protection program and resubmit it to the commission, any local
government, district, or the Solano County Local Agency Formation
Commission may submit its component of the local protection program
to the commission directly for approval in accordance with the
provisions of this division.

29418. (a) After certification by the commission, the local
protection program, or any component thereof, may be amended by the
appropriate local government or district, or the Solano County Local
Agency Formation Commission if appropriate. Any such amendment shall
meet, in all respects, the requirements of, and be in conformity
with, this division and the policies of the protection plan.
(b) Any proposed amendment to the local protection program, or any
component thereof, shall be submitted directly to the commission by
the appropriate local government or district, or the Solano County
Local Agency Formation Commission if appropriate. If the amendment
would affect any area in the marsh, it shall be processed by the
commission in accordance with the provisions of Sections 29413,
29414, 29415, and 29416.
(c) The commission shall establish, by regulation, a procedure
whereby amendments proposed by a local government, district, or the
Solano County Local Agency Formation Commission to the local
protection program, or any component thereof, may be reviewed and
designated by the executive director of the commission as being minor
in nature. Proposed amendments designated as minor shall not be
subject to the provisions of Sections 29412, 29413, 29414, 29415, and
29416 and shall take effect on the 10th working day after such
designation. Amendments that allow changes in uses may not be
designated as minor.
(d) For the purpose of this section an amendment of the local
protection program, or any component thereof, includes, but is not
limited to, any action by a local government, district, or the Solano
County Local Agency Formation Commission that authorizes a use of a
parcel of land other than that designated in the local protection
program as a permitted use of such parcel.

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 government or district, or the
Solano County Local Agency Formation Commission if responsible, and
certified by the commission.
(b) Any amendment, or portion of any amendment, to the local
protection program that would affect any area outside the marsh shall
not be effective until the governing body of the local government or
district has (1) held a public hearing on the proposed amendment, of
which at least 30 days' notice has been given; (2) notified the
commission and the county in writing of the nature and text of the
proposed amendment at least 30 days prior to adoption, which
notification shall be accompanied by a resolution adopted by the
governing body stating that the amendment is consistent with this
division and the policies of the protection plan; and (3) submitted
the amendment as adopted to the commission and the county.

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 commission of the local
protection program, or of the time limit provided in Section 29411
for submission to the county of any local protection program
component; provided, however, that no extension hereunder may
authorize submission of the local protection program, or any
component thereof, after January 1, 1980.
(b) The commission may extend, for a period not to exceed one
year, any other time limitation established by this chapter for good
cause.

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 more local governments, the
commission may take any of the following actions if it finds that, in
the absence of the certified local protection program or component,
(1) any new development in the marsh or in any area for which there
is no local protection program component would be inconsistent with
this division and the protection plan and (2) the development
controls contained in Chapter 6 (commencing with Section 29500) are
inadequate to ensure consistency with this division and the
protection plan:
(a) Prohibit or otherwise restrict, by regulation, the affected
local government from issuing any permit or any type of entitlement
for use for any development within the marsh, or any portion thereof,
within the jurisdiction of such local government.
(b) By regulation, extend the permit requirements of Chapter 6
(commencing with Section 29500) by requiring a permit from the
commission for any development within any area of the marsh under the
jurisdiction of the affected local government.

29422. (a) The commission shall, from time to time, but at least
once every five years after certification, review the certified local
protection program, and each component thereof, to determine whether
such program is being effectively implemented in conformity with the
policies of this division. If the commission determines that the
certified local protection program, or any component thereof, is not
being carried out in conformity with this division or the protection
plan, it shall submit to the affected local government or district,
or the Solano County Local Agency Formation Commission if affected,
recommendations of corrective actions that should be taken. Such
recommendations may include recommended amendments to the local
protection program or any component thereof.
(b) Recommendations submitted pursuant to this section shall be
reviewed by the affected local government or district, or the Solano
County Local Agency Formation Commission if affected, and, if the
recommended action is not taken, the local government, district, or
the Solano County Local Agency Formation Commission shall, within one
year of such submission, forward to the commission a report setting
forth its reasons for not taking the recommended action. The
commission shall review such report and, where appropriate, report to
the Legislature and recommend legislative action necessary to assure
effective implementation of the relevant policy of this division.

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 would otherwise be subject to such
program, or any component or part thereof, shall by operation of law
be subject to the provisions of Chapter 6 (commencing with Section
29500) relating to control of development prior to certification.

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 environmental protection than that
provided by the plans and policies of any state regulatory agency.