SECTIONS 30230-30236 - California Statutes

PUBLIC RESOURCES CODE

SECTION 30230-30236

30230. Marine resources shall be maintained, enhanced, and, where
feasible, restored. Special protection shall be given to areas and
species of special biological or economic significance. Uses of the
marine environment shall be carried out in a manner that will sustain
the biological productivity of coastal waters and that will maintain
healthy populations of all species of marine organisms adequate for
long-term commercial, recreational, scientific, and educational
purposes.

30231. The biological productivity and the quality of coastal
waters, streams, wetlands, estuaries, and lakes appropriate to
maintain optimum populations of marine organisms and for the
protection of human health shall be maintained and, where feasible,
restored through, among other means, minimizing adverse effects of
waste water discharges and entrainment, controlling runoff,
preventing depletion of ground water supplies and substantial
interference with surface waterflow, encouraging waste water
reclamation, maintaining natural vegetation buffer areas that protect
riparian habitats, and minimizing alteration of natural streams.

30232. Protection against the spillage of crude oil, gas, petroleum
products, or hazardous substances shall be provided in relation to
any development or transportation of such materials. Effective
containment and cleanup facilities and procedures shall be provided
for accidental spills that do occur.

30233. (a) The diking, filling, or dredging of open coastal waters,
wetlands, estuaries, and lakes shall be permitted in accordance with
other applicable provisions of this division, where there is no
feasible less environmentally damaging alternative, and where
feasible mitigation measures have been provided to minimize adverse
environmental effects, and shall be limited to the following:
(1) New or expanded port, energy, and coastal-dependent industrial
facilities, including commercial fishing facilities.
(2) Maintaining existing, or restoring previously dredged, depths
in existing navigational channels, turning basins, vessel berthing
and mooring areas, and boat launching ramps.
(3) In open coastal waters, other than wetlands, including
streams, estuaries, and lakes, new or expanded boating facilities and
the placement of structural pilings for public recreational piers
that provide public access and recreational opportunities.
(4) Incidental public service purposes, including, but not limited
to, burying cables and pipes or inspection of piers and maintenance
of existing intake and outfall lines.
(5) Mineral extraction, including sand for restoring beaches,
except in environmentally sensitive areas.
(6) Restoration purposes.
(7) Nature study, aquaculture, or similar resource-dependent
activities.
(b) Dredging and spoils disposal shall be planned and carried out
to avoid significant disruption to marine and wildlife habitats and
water circulation. Dredge spoils suitable for beach replenishment
should be transported for these purposes to appropriate beaches or
into suitable longshore current systems.
(c) In addition to the other provisions of this section, diking,
filling, or dredging in existing estuaries and wetlands shall
maintain or enhance the functional capacity of the wetland or
estuary. Any alteration of coastal wetlands identified by the
Department of Fish and Game, including, but not limited to, the 19
coastal wetlands identified in its report entitled, "Acquisition
Priorities for the Coastal Wetlands of California", shall be limited
to very minor incidental public facilities, restorative measures,
nature study, commercial fishing facilities in Bodega Bay, and
development in already developed parts of south San Diego Bay, if
otherwise in accordance with this division.
For the purposes of this section, "commercial fishing facilities
in Bodega Bay" means that not less than 80 percent of all boating
facilities proposed to be developed or improved, where the
improvement would create additional berths in Bodega Bay, shall be
designed and used for commercial fishing activities.
(d) Erosion control and flood control facilities constructed on
watercourses can impede the movement of sediment and nutrients that
would otherwise be carried by storm runoff into coastal waters. To
facilitate the continued delivery of these sediments to the littoral
zone, whenever feasible, the material removed from these facilities
may be placed at appropriate points on the shoreline in accordance
with other applicable provisions of this division, where feasible
mitigation measures have been provided to minimize adverse
environmental effects. Aspects that shall be considered before
issuing a coastal development permit for these purposes are the
method of placement, time of year of placement, and sensitivity of
the placement area.

30234. Facilities serving the commercial fishing and recreational
boating industries shall be protected and, where feasible, upgraded.
Existing commercial fishing and recreational boating harbor space
shall not be reduced unless the demand for those facilities no longer
exists or adequate substitute space has been provided. Proposed
recreational boating facilities shall, where feasible, be designed
and located in such a fashion as not to interfere with the needs of
the commercial fishing industry.

30234.5. The economic, commercial, and recreational importance of
fishing activities shall be recognized and protected.

30235. Revetments, breakwaters, groins, harbor channels, seawalls,
cliff retaining walls, and other such construction that alters
natural shoreline processes shall be permitted when required to serve
coastal-dependent uses or to protect existing structures or public
beaches in danger from erosion and when designed to eliminate or
mitigate adverse impacts on local shoreline sand supply. Existing
marine structures causing water stagnation contributing to pollution
problems and fishkills should be phased out or upgraded where
feasible.

30236. Channelizations, dams, or other substantial alterations of
rivers and streams shall incorporate the best mitigation measures
feasible, and be limited to (1) necessary water supply projects, (2)
flood control projects where no other method for protecting existing
structures in the flood plain is feasible and where such protection
is necessary for public safety or to protect existing development, or
(3) developments where the primary function is the improvement of
fish and wildlife habitat.