SECTIONS 29720-29734 - California Statutes

PUBLIC RESOURCES CODE

SECTION 29720-29734

29720. Unless the context otherwise requires, the definitions set
forth in this chapter govern the construction of this division.

29720.5. "Aggrieved person" has the same meaning as defined in
Section 29117.

29721. "Commission" means the Delta Protection Commission created
by Section 29735.

29722. "Delta" means the Sacramento-San Joaquin Delta, as defined
in Section 12220 of the Water Code, for all provisions of this
division, other than Chapter 3 (commencing with Section 29735). For
the purposes of Chapter 3 (commencing with Section 29735), "delta"
means the area of the delta minus the area contained in Alameda
County.

29722.5. "Delta Plan" means the plan adopted by the Delta
Stewardship Council pursuant to Section 85300 of the Water Code.

29722.7. "Economic sustainability plan" means the plan adopted by
the commission pursuant to Section 29759.

29723. (a) "Development" means on, in, over, or under land or
water, the placement or erection of any solid material or structure;
discharge of any dredged material or of any gaseous, liquid, solid,
or thermal waste; grading, removing, dredging, mining, or extraction
of any materials; change in the density or intensity of use of land,
including, but not limited to, subdivisions pursuant to the
Subdivision Map Act (Division 2 (commencing with Section 66410) of
Title 7 of the Government Code), and any other division of land
including lot splits, except where the land division is brought about
in connection with the purchase of the land by a public agency for
public recreational or fish and wildlife uses or preservation;
construction, reconstruction, demolition, or alteration of the size
of any structure, including any facility of any private, public, or
municipal utility; and the removal or harvesting of major vegetation
other than for agricultural purposes.
(b) "Development" does not include any of the following:
(1) All farming and ranching activities, as specified in
subdivision (e) of Section 3482.5 of the Civil Code.
(2) The maintenance, including the reconstruction of damaged
parts, of structures, such as marinas, dikes, dams, levees, riprap
(consistent with Chapter 1.5 (commencing with Section 12306) of Part
4.8 of Division 6 of the Water Code), breakwater, causeways, bridges,
ferries, bridge abutments, docks, berths, and boat sheds.
"Maintenance" includes, for this purpose, the rehabilitation and
reconstruction of levees to meet applicable standards of the United
States Army Corps of Engineers or the Department of Water Resources.
(3) The construction, repair, or maintenance of farm dwellings,
buildings, stock ponds, irrigation or drainage ditches, water wells,
or siphons, including those structures and uses permitted under the
California Land Conservation Act of 1965 (Chapter 7 (commencing with
Section 51200) of Part 1 of Division 1 of Title 5 of the Government
Code).
(4) The construction or maintenance of farm roads, or temporary
roads for moving farm equipment.
(5) The dredging or discharging of dredged materials, including
maintenance dredging or removal, as engaged in by any marina, port,
or reclamation district, in conjunction with the normal scope of
their customary operations, consistent with existing federal, state,
and local laws.
(6) The replacement or repair of pilings in marinas, ports, and
diversion facilities.
(7) Projects within port districts, including, but not limited to,
projects for the movement, grading, and removal of bulk materials
for the purpose of activities related to maritime commerce and
navigation.
(8) The planning, approval, construction, operation, maintenance,
reconstruction, alteration, or removal by a state agency or local
agency of any water supply facilities or mitigation or enhancement
activities undertaken in connection therewith.
(9) Construction, reconstruction, demolition, and land divisions
within existing zoning entitlements, and development within, or
adjacent to, the unincorporated towns of the delta, as permitted in
the Delta Area Community Plan of Sacramento County and the general
plan of Yolo County, authorized prior to January 1, 1992.
(10) Exploration or extraction of gas and hydrocarbons.
(11) The planning, approval, construction, repair, replacement,
alteration, reconstruction, operation, maintenance, or removal of
oxidation and water treatment facilities owned by the City of
Stockton or the City of Lodi, or facilities owned by any local agency
within or adjacent to the unincorporated towns of the delta
consistent with the general plan of the County of Sacramento or the
County of Yolo, as the case may be.

29724. "Local agency" means any local agency, other than a local
government, formed pursuant to general law or special act for the
local performance of governmental or proprietary functions within
limited boundaries or which maintains facilities within the delta.
"Local agency" includes, but is not limited to, a port, water agency,
flood control district, county service area, maintenance district or
area, improvement district or improvement area, mosquito abatement
district, resource conservation district, irrigation district,
reclamation district, sanitary or sewer district, or any other zone
or area, formed for the purpose of designating an area within which
either an assessment or a property tax rate will be levied to pay for
a service or improvement benefiting that area or a special function
will be carried out within that area.

29725. "Local government" means the Counties of Contra Costa,
Sacramento, San Joaquin, Solano, and Yolo, and the Cities of
Sacramento, Stockton, Tracy, Antioch, Pittsburg, Isleton, Lathrop,
Brentwood, West Sacramento, and Oakley, and any other cities that may
be incorporated in the future in the primary zone.

29726. "Pacific Flyway" means the identified migratory bird flight
path, including feeding and nesting habitat, as described in the
Central Valley Habitat Joint Venture component of the North American
Waterfowl Management Plan (NAWMP-1986).

29727. "Port" means the Port of Sacramento and the Port of
Stockton, including all the land owned or leased by those ports, or
potential sites identified in the Delta county general plans as of
January 1, 2010, and otherwise authorized by law.

29728. "Primary zone" means the delta land and water area of
primary state concern and statewide significance which is situated
within the boundaries of the delta, as described in Section 12220 of
the Water Code, but that is not within either the urban limit line or
sphere of influence line of any local government's general plan or
currently existing studies, as of January 1, 1992. The precise
boundary lines of the primary zone includes the land and water areas
as shown on the map titled "Delta Protection Zones" on file with the
State Lands Commission. Where the boundary between the primary zone
and secondary zone is a river, stream, channel, or waterway, the
boundary line shall be the middle of that river, stream, channel, or
waterway.

29728.5. "Resources management plan" means the plan adopted by the
commission pursuant to Section 29760.

29730. "Restoration" means actions which return a degraded or
deteriorated area to a level of increased productivity, environmental
quality, or beneficial values.

29731. "Secondary zone" means all the delta land and water area
within the boundaries of the delta not included within the primary
zone, subject to the land use authority of local government, and that
includes the land and water areas as shown on the map titled "Delta
Protection Zones" on file with the State Lands Commission.

29732. "Sphere of influence line" refers to those boundaries of
local governments as defined in Sections 56425 and 56426 of the
Government Code.

29733. "Unincorporated towns" means the communities of Walnut
Grove, Clarksburg, Courtland, Hood, Locke, Knightsen, Collinsville,
and Ryde.

29734. "Urban limit line" means that general plan line established
and approved by any local government within the delta which
delineates boundaries beyond which urban development is not publicly
proposed by local government, as of January 1, 1992.