SECTIONS 29760-29767 - California Statutes

PUBLIC RESOURCES CODE

SECTION 29760-29767

29760. (a) Not later than October 1, 1994, the commission shall
prepare and adopt, by a majority vote of the membership of the
commission, and thereafter review and maintain, a comprehensive
long-term resource management plan for land uses within the primary
zone of the delta. The resource management plan shall consist of the
map of the primary zone and text or texts setting forth a description
of the needs and goals for the delta and a statement of the
policies, standards, and elements of the resource management plan.
(b) The resource management plan shall meet the following
requirements:
(1) Protect and preserve the cultural values and economic vitality
that reflect the history, natural heritage, and human resources of
the delta.
(2) Conserve and protect the quality of renewable resources.
(3) Preserve and protect agricultural viability.
(4) Restore, improve, and manage levee systems by promoting
strategies, including, but not limited to, methods and procedures
which advance the adoption and implementation of coordinated and
uniform standards among governmental agencies for the maintenance,
repair, and construction of both public and private levees.
(5) Preserve and protect delta dependent fisheries and their
habitat.
(6) Preserve and protect riparian and wetlands habitat, and
promote and encourage a net increase in both the acreage and values
of those resources on public lands and through voluntary cooperative
arrangements with private property owners.
(7) Preserve and protect the water quality of the delta, both for
instream purposes and for human use and consumption.
(8) Preserve and protect open-space and outdoor recreational
opportunities.
(9) Preserve and protect private property interests from
trespassing and vandalism.
(10) Preserve and protect opportunities for controlled public
access and use of public lands and waterways consistent with the
protection of natural resources and private property interests.
(11) Preserve, protect, and maintain navigation.
(12) Protect the delta from any development that results in any
significant loss of habitat or agricultural land.
(13) Promote strategies for the funding, acquisition, and
maintenance of voluntary cooperative arrangements, such as
conservation easements, between property owners and conservation
groups that protect wildlife habitat and agricultural land, while not
impairing the integrity of levees.
(14) Permit water reservoir and habitat development that is
compatible with other uses.
(c) The resource management plan shall not supersede the authority
of local governments over areas within the secondary zone.
(d) To facilitate, in part, the requirements specified in
paragraphs (8), (9), (10), and (11) of subdivision (b), the
commission shall include in the resource management plan, in
consultation with all law enforcement agencies having jurisdiction in
the delta, a strategy for the implementation of a coordinated marine
patrol system throughout the delta that will improve law enforcement
and coordinate the use of resources by all jurisdictions to ensure
an adequate level of public safety. The strategic plan shall identify
resources to implement that coordination. The commission shall have
no authority to abrogate the existing authority of any law
enforcement agency.
(e) To the extent that any of the requirements specified in this
section are in conflict, nothing in this division shall deny the
right of the landowner to continue the agricultural use of the land.

29761. The commission shall adopt, by a majority vote, the economic
sustainability plan and each plan update after at least three public
hearings, with at least one hearing held in a community in the north
Delta, one hearing in the south Delta, and one hearing in the west
Delta.

29761.5. (a) The commission shall review, and, as determined to be
necessary, amend the economic sustainability plan every five years on
or before December 31 in years ending in six or one.
(b) The commission shall transmit copies of the economic
sustainability plan and any subsequent amendments to the Governor,
Legislature, each local government as defined in Section 29725, and
Delta Stewardship Council within 60 days of adoption or amendment.
Within 180 days of the commission's adoption or amendment of the
economic sustainability plan, the Delta Stewardship Council shall
review the economic sustainability plan for consistency with the
Delta Plan.

29763. Within 180 days from the date of the adoption of the
resources management plan or any amendments, changes, or updates, to
the resources management plan by the commission, each local
government shall submit to the commission proposed amendments to its
general plan that are intended to make the general plan consistent
with the resources management plan with respect to land located
within the primary zone.

29763.5. The commission shall act on proposed local government
general plan amendments within 60 days from the date of submittal of
the proposed amendments. The commission shall approve the proposed
general plan amendments by a majority vote of the commission
membership, with regard to lands within the primary zone, only after
making all of the following written findings as to the potential
impact of the proposed amendments, to the extent that those impacts
will not increase requirements or restrictions upon agricultural
practices in the primary zone, based on substantial evidence in the
record:
(a) The general plan, and any development approved or proposed
that is consistent with the general plan, are consistent with the
resource management plan.
(b) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in wetland
or riparian loss.
(c) The general plan, and development approved or proposed that is
consistent with the general plan, will not result in the degradation
of water quality.
(d) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in
increased nonpoint source pollution.
(e) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in the
degradation or reduction of Pacific Flyway habitat.
(f) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in reduced
public access, provided the access does not infringe on private
property rights.
(g) The general plan, and any development approved or proposed
that is consistent with the general plan, will not expose the public
to increased flood hazard.
(h) The general plan, and any development approved or proposed
that is consistent with the general plan, will not adversely impact
agricultural lands or increase the potential for vandalism, trespass,
or the creation of public or private nuisances on public or private
land.
(i) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in the
degradation or impairment of levee integrity.
(j) The general plan, and any development approved or proposed
that is consistent with the general plan, will not adversely impact
navigation.
(k) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in any
increased requirements or restrictions upon agricultural practices in
the primary zone.

29763.8. A local government shall adopt its proposed general plan
amendments within 120 days after their approval by the commission.

29764. Land use authority granted to the commission by this
division is limited to the primary zone, and shall not preempt local
government general plans for lands within the secondary zone.

29765. Prior to the commission approving the general plan
amendments of the local government, the local government may approve
development within the primary zone only after making all of the
following written findings on the basis of substantial evidence in
the record:
(a) The development will not result in wetland or riparian loss.
(b) The development will not result in the degradation of water
quality.
(c) The development will not result in increased nonpoint source
pollution or soil erosion, including subsidence or sedimentation.
(d) The development will not result in degradation or reduction of
Pacific Flyway habitat.
(e) The development will not result in reduced public access,
provided that access does not infringe upon private property rights.
(f) The development will not expose the public to increased flood
hazards.
(g) The development will not adversely impact agricultural lands
or increase the potential for vandalism, trespass, or the creation of
public or private nuisances on private or public land.
(h) The development will not result in the degradation or
impairment of levee integrity.
(i) The development will not adversely impact navigation.
(j) The development will not result in any increased requirements
or restrictions upon agricultural practices in the primary zone.

29766. Nothing in this division shall deny the right of private or
public property owners and local governments to establish agriculture
preserves and enter into contracts pursuant to 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) or apply
other enforceable restrictions or zoning within the primary zone or
the secondary zone.

29767. The commission may not exercise the power of eminent domain
in implementing the resource management plan, unless requested by the
landowner.