SECTIONS 29500-29510 - California Statutes

PUBLIC RESOURCES CODE

SECTION 29500-29510

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, any person wishing to perform or
undertake any development in the marsh shall obtain a marsh
development permit.

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 any other permit that may be
required by law from the commission.
(b) The commission shall issue a marsh development permit under
this section if it finds that the proposed development is consistent
with either the provisions of this division and the policies of the
protection plan or the certified local protection program, if any.
(c) Subsequent to certification of the local protection program,
the commission may define and delegate by regulation to the local
government having jurisdiction the commission's permit authority
under this section over development that does not have significant
impact on the marsh. Any local government to which the commission has
delegated any part of its permit authority under this section shall
issue a marsh development permit under this section if it finds the
proposed development is consistent with the local protection program.
(d) Any action by a local government on an application for a marsh
development permit under this section may be appealed to the
commission pursuant to Section 29522. The commission, on appeal,
shall issue the permit if it finds the proposed development that is
the subject of the appeal is consistent with the local protection
program.
(e) Any delegation by the commission of its permit authority under
this section may be revoked at any time for good cause.

29501.5. Notwithstanding the provisions of Section 29500, within
the primary management area no marsh development permit shall be
required for any development specified in the component of the local
protection program prepared by the Suisun Resource Conservation
District and certified by the commission pursuant to Section 29415.

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 the local government having
jurisdiction over the land in which the proposed development is to
occur.
(b) The local government may incorporate the procedures for
issuing marsh development permits into its procedures relating to the
issuance of any other land use or development permit.

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 that the proposed development (1) is
in conformity with this division and the policies of the protection
plan and (2) will not prejudice the preparation of the local
protection program.
(b) Subsequent to certification, a local government may issue a
marsh development permit pursuant to Section 29502 only if it finds
that the proposed development is consistent with the certified local
protection program.

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 denying such an application, may be
appealed to the commission.
(b) Except as provided in subdivision (e) of this section, any
action taken by a local government on an application for a marsh
development permit pursuant to subdivision (b) of Section 29503 may
be appealed to the commission.
(c) Prior to certification of the local protection program, the
commission, on appeal, shall issue the marsh development permit only
if it finds that the proposed development that is the subject of the
appeal (1) is in conformity with this division and the policies of
the protection plan and (2) will not prejudice the preparation of the
local protection program.
(d) Subsequent to certification of the local protection program,
the commission, on appeal, shall issue the marsh development permit
only if it finds the proposed development that is the subject of the
appeal is in conformity with the local protection program. However,
this subdivision does not authorize the commission, on appeal, to
consider any action by local government on a marsh development permit
which is not appealable to the commission by virtue of the
provisions of subdivision (e) of this section.
(e) The following actions of a local government on an application
for a marsh development permit are not appealable to the commission
under this section:
(1) Any action denying an application for a marsh development
permit.
(2) Any action that consists of a finding that a development is a
principal permitted use under a zoning ordinance or zoning district
map that has been certified by the commission as part of the local
protection program and any action that authorizes such development to
the extent, but only to the extent, such action is based on such
finding.

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 lands, whether filled or
unfilled, or for any development by a public agency for which a local
government permit is not otherwise required, but in such a case, a
marsh development permit shall be obtained from the commission. The
commission shall issue a marsh development permit pursuant to this
section if the commission finds that the proposed development is
consistent with either this division and the policies of the
protection plan or the certified local protection program, if any.

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 conditions as the commission determines
will ensure that such development or action will be in accordance
with the provisions of this division and the protection plan.

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 pursuant to Title 7.2
(commencing with Section 66600) of the Government Code or from the
commission or any local government pursuant to former Chapter 9
(commencing with Section 1850) of Division 2 of the Fish and Game
Code shall be required to secure a permit for the development
pursuant to this division. However, no substantial change may be made
in any such development or with respect to the activity authorized
by such a permit without prior approval having been obtained under
this division.
(b) Any person who claims a vested right in a development and
thereby an exemption from the requirements of this division shall, on
or before January 1, 1979, notify the commission in writing by
filing a claim of exemption with the commission. If any person does
not file a claim of exemption on or before that date the development
of such person shall be subject to the approval requirements of this
division.
(c) The commission shall establish, by regulation, procedures,
including public hearings, for determining claims of exemption and
may require documentation or other competent evidence, including
declarations under penalty of perjury or affidavits, to support any
such claim.
(d) The commission shall take reasonable steps to notify persons
of the provisions of this section, but the fact that any person did
not receive such notice shall not extend the period within which a
claim of exemption must be filed under this section.

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 of development and in the
following areas:
(a) Improvement to existing single-family residences.
(b) Repair, replacement, reconstruction, or maintenance that does
not result in an addition to, or enlargement or expansion of, the
object of such repair, replacement, reconstruction, or maintenance.
However, if the commission determines that certain types of repair,
replacement, reconstruction, or maintenance activities involve a risk
of substantial adverse environmental impact, it shall require, by
regulation, that a permit be obtained under this chapter.
(c) The installation, testing, and placement in service or the
replacement of any necessary utility connection between an existing
service facility and any other development for which a marsh
development permit is required and has been issued pursuant to this
division. However, the commission may, whenever it deems necessary,
require, as a condition to the issuance of such a permit, reasonable
measures for the mitigation of any adverse impacts on marsh
resources, including scenic resources.
(d) Any category of development, or any category of development
within a specifically defined geographic area, that the commission,
by regulation, after public hearings, and by a two-thirds vote of its
members, has described or identified and with respect to which the
commission has found that there is no potential for any significant
adverse effect, either individually or cumulatively, on the resources
of the marsh and that such exclusion will not impair the ability of
any local government or district or the Solano County Local Agency
Formation Commission to prepare its component of the local protection
program.

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, or maintain public works, levees,
dikes, utilities, or services destroyed, damaged, or interrupted by
natural disaster, serious accident, or in other cases of emergency,
no permit from the commission shall be required prior to commencing
such action if within three days of the disaster or the discovery of
the danger, whichever occurs first, the person performing such action
notifies the executive director of the commission of the type and
location of the work undertaken pursuant to such action. Upon such
notification, the executive director of the commission may waive the
requirements for a permit or other authorization for such work.
However, this section does not authorize the permanent erection of
structures valued at more than twenty-five thousand dollars
($25,000).
(b) The commission shall provide, by regulation, for the issuance
of marsh development permits by the executive director of the
commission, without compliance with the procedures specified in this
chapter, in cases of emergency, other than an emergency as provided
in subdivision (a) of this section, or for minor repairs or
improvements.

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 appellate procedure in the
secondary management area, as provided in subdivision (b) of Section
29504. Not less than 60 days prior to the date on which the report
is required to be submitted to the Legislature, the report shall be
made available, for review and comment, to each local government
having jurisdiction within the marsh. Not later than 30 days prior to
the date on which the report is required to be submitted to the
Legislature, any comments by a local government shall be submitted to
the commission. Each such comment shall be included in the
commission's report, together with the commission's response thereto.