SECTIONS 5860-5873 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5860-5873

5860. The Legislature finds and declares all of the following:
(a) The procedures in this chapter set forth the processes and
criteria for identifying, evaluating, designating, and monitoring
California natural landmarks.
(b) The California Natural Landmarks Program focuses attention on
areas of exceptional natural value to the state as a whole rather
than to one particular region or locality. The program encourages the
owners of California natural landmarks to voluntarily observe
preservation precepts.
(c) The California Natural Landmarks Program identifies and
preserves natural areas that best illustrate the biological and
geological character of the state, enhances the scientific and
educational values of preserved areas, strengthens public
appreciation of natural history, and fosters a greater concern for
the conservation of the state's heritage.
(d) Many of the state's most important biological, ecological, and
geological features are found either partly or entirely on privately
owned land.
(e) There is a need to recognize and promote private as well as
public stewardship of natural resources for the public benefit.
(f) It is the intent of the State of California through the
California Natural Landmarks Program to recognize and promote
partnerships resulting in the stewardship of natural resources on
privately and publicly owned land.

5861. As used in this chapter, the following terms have the
following meanings, unless the context clearly requires otherwise:
(a) "California natural landmark" means property designated by the
director as being of state significance to California because it is
an outstanding example of major biological and geological features
found within the boundaries of the state.
(b) "California Registry of Natural Landmarks" means the official
listing of all designated California natural landmarks.
(c) "Department" means the Department of Parks and Recreation.
(d) "Director" means the Director of Parks and Recreation.
(e) "Natural region" means a distinct physiographic province
having similar geologic history, structures, and land forms. The
basic physiographic characteristics of a natural region influence its
vegetation, climate, soils, and animal life.
(f) (1) "Owner" means the person, corporation, or partnership that
holds fee simple title to real property, or its agent, or the head
of the public agency or subordinate employee of the public agency to
whom that authority is delegated, who is responsible for
administering publicly owned land and who has presented satisfactory
evidence of his or her legal right to represent the interests of the
subject land.
(2) "Owner" does not include a person, partnership, corporation,
or public agency that holds, in any form, an easement or less than a
fee interest, including any leasehold that is not tantamount to fee
ownership, or does not have authority to act on behalf of the
property.
(3) (A) A Native American tribe that is the beneficial fee simple
owner of real property, with the United States as trustee, is an
owner of real property for the purposes of this chapter.
(B) A member of a Native American tribe who is the beneficial
owner of real property, held in trust by the United States, is an
owner of real property for the purposes of this chapter.
(g) "Potential California natural landmark" means property that,
based on a recommendation or initial comparison with other properties
within the state or in the same natural region, could merit further
study of its qualifications for possible California natural landmark
designation.
(h) "Prejudicial procedural error" means a procedural error that
reasonably may be considered to have affected the outcome of the
designation process.
(i) "Real property" for the purposes of this chapter shall not
include land owned by the federal government, unless the agency
owning the land requests its inclusion, and the director determines
that its inclusion is feasible and in the best interests of the
program.
(j) "Representative" means a public or private individual, agency,
or organization that is performing actions related to the
identification, evaluation, designation, or monitoring of a
California natural landmark, on behalf of or in cooperation with the
department, either under a contractual agreement or in a volunteer
capacity.
(k) "Scientist" means a person whose combination of academic
training and professional field experience in the natural region
qualifies him or her to identify and comparatively evaluate a natural
area at the regional or state level.
(l) "State significance" means property that is one of the best
examples of a biological community or geological feature within a
natural region of the state, including a terrestrial community, land
form, geological feature and process, habitat of native plant and
animal species, or fossil evidence of the development of life.

5862. (a) Designation of property by the director as a California
natural landmark does not change the property's ownership and does
not dictate activity.
(b) Designation as a California natural landmark does not require,
mandate, or authorize, under state law, any further state or local
planning, zoning, or other land-use action or decision.
(c) An owner who agrees to have his or her property designated as
a California natural landmark does not give up without his or her
consent, under state law, any legal rights and privileges of
ownership or use of the property.
(d) The department does not gain a property interest in a
California natural landmark by virtue of that designation.

5863. (a) Except as provided in Section 5872, a potential
California natural landmark shall be identified only in the following
manner:
(1) An owner may request the department to designate his or her
property as a California natural landmark. If the designation is
proposed to apply to multiple properties, the proposal shall include
the written consent of the owners of all included properties.
(2) (A) Upon the owner initiating a request pursuant to paragraph
(1), the department shall prepare an estimate of the cost of studies
to determine whether the property qualifies as a California natural
landmark; the department's costs, including administrative and
staffing costs, in determining whether to designate the property as a
California natural landmark; and any other costs attributed to
making those determinations. The department shall also prepare a list
of scientists qualified to do any studies required to determine
whether the property should be designated as a California natural
landmark. The list shall include both scientists employed by the
state and scientists not employed by the state. A qualified scientist
shall be familiar with the natural region and its types of
biological and geological features.
(B) The revenues collected pursuant to this section shall be
deposited in the Natural Landmarks Program Administration Fund, which
is hereby created as a special fund in the State Treasury. The
department may expend the moneys in the fund, upon appropriation by
the Legislature, for the purpose of administering the California
Natural Landmarks Program.
(3) (A) An owner who initiates a request to designate his or her
property as a California natural landmark is responsible for all
costs of determining whether the property qualifies for that
designation, as well as any costs of actual designation, including
the costs of the department.
(B) (i) If the owner accepts the estimate prepared pursuant to
paragraph (2), and wishes to continue with the request for his or her
property to be designated as a California natural landmark, he or
she shall agree in writing to pay the costs estimated by the
department pursuant to paragraph (2) and choose a scientist from the
list prepared by the department pursuant to subparagraph (A) of
paragraph (2) to do any required studies. The department may require
the owner to post security for costs he or she has agreed in writing
to pay pursuant to this section.
(ii) The owner may at any time cancel his or her request for
California natural landmark designation and any studies being
conducted pursuant to that request, and is responsible only for costs
incurred in pursuit of that designation prior to the cancellation.
If the owner cancels his or her request for California natural
landmark designation, or the designation is denied, information
already submitted or developed at the expense of the owner shall be
returned to him or her.
(b) (1) The department, as well as any scientist performing
studies required by the department to make a determination of whether
to designate property as a California natural landmark, shall obtain
the owner's permission before entering the owner's property for
purposes of this chapter, except when the property is publicly owned
and open to the public. The owner shall not unreasonably withhold
permission.
(2) The department may make a determination regarding the
property, required by this chapter, using other information,
including information that was previously gathered by other federal
or California agencies or gained from other scientific studies. The
department shall notify the owner if it makes a determination
regarding his or her property from existing information that does not
require the department to enter the owner's property.

5864. (a) The department shall use the state significance criteria
in Section 5868 to evaluate the potential California natural
landmark. The department shall evaluate the potential California
natural landmark on a statewide and regional basis, and may compare
similar areas that represent a particular type of feature located in
the same natural region to identify examples that are among the most
illustrative and have the most integrity.
(b) The evaluation required by subdivision (a) shall be performed
by the scientist chosen by the owner pursuant to subparagraph (B) of
paragraph (3) of subdivision (a) of Section 5863. The scientist shall
make a detailed description of the area, and assess its statewide
and regional standing using the state significance criteria in
Section 5868 and any additional information provided by the
department.
(c) At least three peer reviewers, who are scientists familiar
with the biological or geological features of the area or natural
region, shall review the evaluation completed pursuant to subdivision
(b). The peer reviewers shall provide the department with
information on the scientific merit and strength of supportive
documentation in the evaluation.

5865. (a) On the basis of the evaluation and the findings of the
peer reviewers, made pursuant to Section 5864, the department shall
determine either that the property does or does not appear to qualify
for California natural landmark designation or that it requires
additional information before a decision regarding the property's
designation as a California natural landmark can be made.
(b) If the department determines that the property does not appear
to qualify for California natural landmark designation, the
department shall notify the owner in writing of that determination,
including reasons therefor.
(c) (1) If the department determines that the property meets the
state significance criteria in Section 5868, the department shall
notify the owner in writing of that determination. The department
shall include in the notice, all of the following:
(A) The procedures that the department follows in making its
determination.
(B) The effect of California natural landmark designation, as
defined in Section 5861 and as described in Section 5862.
(C) A copy of the evaluation made pursuant to subdivision (b) of
Section 5864.
(D) An opportunity for the owner to comment.
(2) (A) The department shall also notify appropriate interested
parties of the determination as the director deems appropriate,
including all of the following:
(i) The executive of both the city and county in which the
property is located.
(ii) The Governor.
(iii) Members of the Legislature who represent the district in
which the property is located.
(B) The notice shall include both of the following:
(i) The procedures that the department follows in making its
determination.
(ii) The effect of California natural landmark designation, as
described in Section 5862.
(3) Notification of and receipt of any comments pursuant to this
section are the department's responsibility, and the department shall
not delegate that responsibility to a representative.

5866. (a) The department shall review all documentation related to
designation of the property as a California natural landmark,
including, but not limited to, the evaluation and peer review
findings made pursuant to Section 5864 and comments received pursuant
to Section 5865, to determine whether the property meets the state
significance criteria in Section 5868.
(b) If the department determines that the property does not meet
the state significance criteria in Section 5868, the department shall
notify the owner in writing, as well as interested parties notified
pursuant to subparagraph (A) of paragraph (2) of subdivision (c) of
Section 5865, that the property is no longer being considered for
California natural landmark designation.
(c) The director shall review the documentation specified in
subdivision (a) that demonstrates that the property meets the state
significance criteria in Section 5868.

5867. (a) If the director determines that the requirements of this
chapter are met for California natural landmark designation,
including the consent of the owner to that designation, the director
shall designate the property as a California natural landmark.
(1) If the director designates the property as a California
natural landmark, the department shall notify the owner, as well as
interested parties notified pursuant to subparagraph (A) of paragraph
(2) of subdivision (c) of Section 5865, of that designation.
(2) The property shall be added to the California Registry of
Natural Landmarks.
(b) (1) If the owner of the property requests it, after the
director designates the property as a California natural landmark,
the department may provide the owner, at no cost to the owner, with a
certificate, signed by the director, that recognizes the owner's
interest in protecting and managing the property in a manner that
prevents the loss or deterioration of the values on which California
natural landmark designation is based.
(2) The department may also provide, at the cost of the owner, a
plaque for display in or near the California natural landmark. Upon
the owner's request, and to the extent the department's resources
permit, the department may help arrange and participate in a
presentation ceremony. After presentation of a plaque, the department
retains ownership of the plaque. If the California natural landmark
designation is rescinded, the department may reclaim the plaque.
(3) By accepting a certificate or plaque, the owner does not give
up any of the rights or privileges of ownership or use of the
California natural landmark, and the department does not acquire any
interest in the California natural landmark.

5868. Property may be considered for designation if its significant
features are either of natural origin and remain largely wild and
undisturbed, or have the salient characteristics of natural features,
including function and appearance, but have been subject to human
intervention or use. The department shall use the following criteria
to evaluate whether a property is one of state significance:
(a) Primary criteria for a specific type of natural feature is the
main basis for selection of property as being of state significance.
Primary criteria consist of both of the following:
(1) Illustrative character, which requires the property to exhibit
a combination of well-developed components that are recognized in
the appropriate scientific literature as characteristic of a
particular type of natural feature. Generally, the property should be
unusually illustrative, rather than merely statistically
representative.
(2) Present conditions, which require that the integrity of the
significant features of the property has been maintained, enhanced,
or restored.
(b) Secondary criteria may be used to supplement the comparison of
two or more similar properties pursuant to the primary criteria
specified in subdivision (a). Secondary criteria consist of all of
the following:
(1) Diversity, which requires property, in addition to its primary
natural feature, to contain high quality examples of other
biological or geological features or processes.
(2) Rarity, which requires property, in addition to its primary
natural feature, to contain rare geological or paleontological
features or natural communities, or to provide high quality habitat
for one or more rare, threatened, or endangered species.
(3) Value for science and education, which requires the property
to contain known or potential information as a result of its
association with a significant scientific discovery, concept, or
exceptionally extensive and long-term record of onsite research, with
the result that the property offers unusual opportunity for public
interpretation of the natural history of the state.

5869. (a) (1) The department may modify California natural landmark
boundaries, or revise information about a California natural
landmark, if it determines that modification or revision is
necessary. Before considering a proposed modification or revision,
the department shall consult with the affected owner.
(2) (A) Federal, state, or local agencies, as well as other public
and private organizations or individuals, may suggest to the
department modifications of California natural landmark boundaries or
revisions of information about a California natural landmark.
(B) The department shall determine the validity of a suggestion
made pursuant to subparagraph (A) by applying the state significance
criteria in Section 5868 or by conducting additional studies.
(b) Before the department expands the boundaries of a California
natural landmark, it shall determine that one of the following apply:
(1) There is better documentation of the extent of features of
state significance.
(2) There was professional error in the original designation of
the California natural landmark.
(3) The owner of the land included in the proposed expansion has
requested that their property be included in the California natural
landmark.
(c) If the department determines that expansion of a California
natural landmark's boundaries is appropriate, the department shall
use the designation process outlined in Sections 5864, 5865, and 5866
to expand the boundaries. All of the owners of the property into
which the boundaries are expanded, as well as the owner of the
previously designated property, are required to agree to the
expansion.
(d) Before the department reduces the boundaries of a California
natural landmark, it shall determine that one of the following apply:
(1) There has been loss of integrity of the natural features of
the California natural landmark, but not to the extent that requires
the rescission of the landmark designation.
(2) There was professional error in the original designation of
the California natural landmark.
(3) A landowner has requested the reduction or rescission of
designation.
(e) If the department determines that reduction of a California
natural landmark's boundaries is appropriate, the department shall
follow the designation rescission process specified in Section 5870.
(f) (1) If the department determines, with the consent of the
owner, that a change in the description of a California natural
landmark's values of state significance is appropriate, the
department shall prepare the recommended changes.
(2) The director shall review the information and based on that
information may approve changes in the description of the California
natural landmark's values of state significance.
(g) (1) The director may approve minor technical corrections to
the boundaries of a California natural landmark, as well as other
administrative changes in landmark documentation not covered in
subdivisions (a) to (f), inclusive.
(2) For purposes of paragraph (1), minor technical boundary
corrections are those that involve a change in less than 5 percent of
the total area of the California natural landmark, and to which the
owner of the California natural landmark agrees.
(3) The department shall notify the owner of a California natural
landmark for which minor technical boundary corrections or other
administrative changes in documentation are being considered. Based
on the owner's response to the notification, the department shall
determine whether the proposed change is a minor technical correction
to landmark documentation that can be made administratively.

5870. (a) The department shall rescind a California natural
landmark designation if one or more of the following circumstances
apply:
(1) The owner of a California natural landmark requests the
department to rescind that designation.
(2) An error in professional judgment was made in such a manner
that the site did not meet the criteria for state significance at the
time it was designated.
(3) The values that originally qualified the California natural
landmark for designation have been significantly degraded, lost, or
destroyed, as demonstrated by evidence provided to the director.
(4) Applicable designation procedures were not followed because of
prejudicial procedural error.
(b) (1) An owner of a California natural landmark may initiate
rescission of the designation by submitting to the director a request
for rescission of designation, stating the reason therefor. Upon a
determination that the request is complete, the designation shall
either be rescinded pursuant to the procedures of this section or, if
the landmark has other owners as well, its boundaries shall be
amended pursuant to Section 5869 and this section to exclude the
owner's land.
(2) Within 60 days of receiving a rescission request, the director
shall notify the person who submitted the request of whether the
department considers the documentation sufficient to consider
rescission of California natural landmark designation, or whether the
boundaries will be amended to exclude the owner's land.
(c) The department shall review the information outlining the
grounds for rescission of California natural landmark status. When
the department determines it is necessary, an onsite evaluation of
the area may be made, using the procedure described in Sections 5863
and 5864. Based on all available information, the department shall
determine whether the California natural landmark no longer merits
that designation.
(d) (1) If the department determines that a California natural
landmark no longer merits that designation, the department shall
notify the owner and interested parties specified in subparagraph (A)
of paragraph (2) of subdivision (c) of Section 5865.
(2) (A) The owner and other interested parties notified pursuant
to paragraph (1) may comment within 60 days of the date of the
notice.
(B) The director shall consider all comments received pursuant to
subdivision (A) in the review and decision to rescind California
natural landmark designation.
(e) The director shall review the information about a recommended
rescission of the California natural landmark designation and
determine whether the procedural requirements of this section have
been met. If the director confirms that those requirements have been
met and that one or more of the circumstances specified in
subdivision (a) apply, he or she shall rescind the designation and
remove the property from the California Registry of Natural
Landmarks. Any property from which designation as a California
natural landmark is rescinded because of prejudicial procedural error
described in paragraph (4) of subdivision (a) continues to meet the
criteria for state significance.
(f) If a California natural landmark is removed from the
California Registry of Natural Landmarks, the department shall notify
in writing the owner of the landmark and interested parties
specified in subparagraph (A) of paragraph (2) of subdivision (c) of
Section 5865. The department may reclaim a California natural
landmark plaque when a landmark is removed from the California
Registry of Natural Landmarks.

5871. (a) The department may enter into a contract or other type of
agreement with another state agency, federal agency, local agency,
private organization, owner, Native American tribal government, or
other interested individual or group, to assist in administering the
California Natural Landmarks Program. The contract or agreement may
include, but is not limited to, provisions about identification,
evaluation, or monitoring a California natural landmark. However, any
contract or agreement shall not authorize an entity, other than the
department, to administer the provisions of this act with respect to
an individual natural landmark, without the consent of the owner of
the property included within the landmark.
(b) The department may conduct educational and scientific
activities to disseminate information on California natural
landmarks, the California Natural Landmarks Program, and benefits
derived from systematic surveys of significant natural features, to
the general public, interested local, state, and federal agencies,
and private groups. The department may restrict information on
ecologically or geologically fragile or sensitive areas, if release
of that information may endanger or harm the sensitive resources.
(c) The owner of a designated California natural landmark may
disseminate information about the property's status as a natural
landmark in educational and other potential materials.

5872. Notwithstanding any other provision of law, in order to
facilitate the cost-effective use of the program with respect to
interpretive activities for its own lands, the department may develop
and adopt streamlined and expedited procedures for designating
property that it owns as a California natural landmark.

5873. (a) Designation of an area as a California natural landmark
shall not constitute a change in the environment, as defined by
Section 21060.5, and designation of an area as a California natural
landmark is not a project pursuant to Division 13 (commencing with
Section 21000).
(b) An action by the director or the department pursuant to this
chapter modifying or rescinding the designation of a California
natural landmark shall be exempt from the requirements of Division 13
(commencing with Section 21000).
(c) If the designation of an area as a natural landmark is
referenced or referred to in a document prepared pursuant to Division
13 (commencing with Section 21000) for a project in or near a
designated area, the designation shall not be considered part of the
environment pursuant to Section 21060.5, or in evaluating the
"significant effect on the environment" of that project pursuant to
Section 21068.