This chapter shall be known and may be cited as the California Riparian Habitat Conservation Act.
Chapter 4.1California Riparian Habitat Conservation Program
Section § 1385
This section establishes the name of the law as the California Riparian Habitat Conservation Act.
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Section § 1386
This section highlights the importance of California’s rivers, wetlands, and waterways, emphasizing that they are valuable, limited resources essential to the state. These natural areas are at risk of damage, which could harm their beauty and usefulness.
The law states it's in the public's interest to protect these water-related resources in a well-coordinated way. This ensures that there’s a balanced relationship between natural areas and human-related changes, preserving their beauty, and sustaining recreational and economic benefits.
Due to the unique natural conditions in California and the various government agencies involved, there’s a recognized need for a unified program to protect these environments.
The Legislature finds and declares all of the following:
(a)CA Fish and Game Code § 1386(a) California’s rivers, wetlands, and waterways, and the fisheries and wildlife habitat they provide, are valuable and finite resources that benefit the people of the state and are threatened with deterioration or degeneration that may endanger the natural beauty and productivity of these valuable resources.
(b)CA Fish and Game Code § 1386(b) The public interest requires the coordinated protection of rivers and riparian resources in order to maintain an equilibrium between the natural endowment of, and manmade alterations to, California’s river environment, and in order to preserve the scenic beauty of these natural resources and the recreational and economic benefits they provide.
(c)CA Fish and Game Code § 1386(c) By virtue of the special conditions and circumstances of the natural ecology, the increasing human populations and needs in the state, and the numerous governmental agencies with an interest in coordinating activities which affect rivers and riparian habitat resources, there is a need for a coordinated state rivers and riparian habitat protection program.
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Section § 1387
The Wildlife Conservation Board is responsible for setting up and managing the California Riparian Habitat Conservation Program. This program aims to protect, preserve, and restore riparian habitats in California. It achieves this by acquiring rights to land and water as needed to fulfill its conservation goals.
The Wildlife Conservation Board shall establish and administer, through the department, the California Riparian Habitat Conservation Program pursuant to this chapter and Chapter 4 (commencing with Section 1300). The purpose and goal of the program is to protect, preserve, and restore riparian habitats throughout the state by the acquisition of interests and rights in real property and waters to the extent deemed necessary to carry out the purposes of the program.
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Section § 1388
This law section states that the board is responsible for approving projects that aim to acquire, preserve, restore, and enhance riparian habitats across the state. The board must also coordinate these efforts with other resource protection activities by the board and other state agencies.
The board, pursuant to this chapter, shall approve projects to acquire, preserve, restore, and enhance riparian habitat throughout the state, and coordinate its activities undertaken pursuant to this program with other resources protection activities of the board and other state agencies.
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Section § 1389
This section of the law emphasizes that preserving and improving riparian habitats, which are areas along rivers and streams, should be a top priority for the Wildlife Conservation Board and other state agencies. These agencies, which include those focused on conservation, parks, water resources, forestry, and coastal areas, need to consider how their activities affect riparian environments.
The preservation and enhancement of riparian habitat shall be a primary concern of the Wildlife Conservation Board and the department, and of all state agencies whose activities impact riparian habitat, including the Department of Conservation, the Department of Parks and Recreation, the Department of Water Resources, the Department of Forestry and Fire Protection, the State Coastal Conservancy, the California Conservation Corps, the California Tahoe Conservancy, the Santa Monica Mountains Conservancy, the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, and the State Lands Commission.
riparian habitat Wildlife Conservation Board Department of Conservation Department of Parks and Recreation Department of Water Resources Department of Forestry and Fire Protection State Coastal Conservancy California Conservation Corps California Tahoe Conservancy Santa Monica Mountains Conservancy California Coastal Commission San Francisco Bay Conservation and Development Commission State Lands Commission habitat preservation environmental impact
Section § 1390
The Wildlife Conservation Board can allow the department to perform several actions to achieve its goals. They can acquire property and water rights in various ways like buying, leasing, or exchanging them. They coordinate with state programs that manage surplus property sales, and they can give grants and loans to local, state, federal agencies, and nonprofits. A qualifying nonprofit is defined as one that focuses on preserving land for environmental, educational, or recreational purposes. They also have authority under certain sections to maintain and improve riparian (riverbank) habitats.
In order to accomplish the objectives of this chapter, the Wildlife Conservation Board may authorize the department to do all of the following:
(a)CA Fish and Game Code § 1390(a) Acquire interests in real property and water rights through gift, purchase, lease, easement, and transfer or exchange of easements, development rights or credits, and other interests in real property.
(b)CA Fish and Game Code § 1390(b) Coordinate its activities under the program with any governmental program for surplus real property sales in the state.
(c)CA Fish and Game Code § 1390(c) Award grants and loans to local public agencies, state agencies, federal agencies, and nonprofit organizations for the purposes of this program.
(d)CA Fish and Game Code § 1390(d) For the purposes of this chapter, “nonprofit organization” means any private, nonprofit organization which qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and has among its principal charitable purposes the preservation of real property for scientific, historic, educational, recreational, scenic or open-space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat.
(e)CA Fish and Game Code § 1390(e) Exercise any authority and comply with requirements contained in Sections 1348 and 1350, as appropriate, to preserve and enhance riparian habitat for purposes of this chapter.
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Section § 1391
This law outlines the rules for grants given to nonprofit organizations to buy real property using state funds. The property purchase price must match the fair market value confirmed by an appraisal approved by the Wildlife Conservation Board. All property acquisition terms need board approval. Nonprofits can't use the property as loan collateral unless the board agrees. If the property is transferred, the board must approve and ensure the state's interest is protected.
The state holds the right to reclaim the property if grant terms are violated, and if the nonprofit dissolves, the property goes back to the state unless the board allows another public agency or nonprofit to take over. All property deals must be recorded showing the state's future claim rights.
Grants to nonprofit organizations pursuant to Section 1390 for the acquisition of real property or interests therein shall be subject to all of the following conditions:
(a)CA Fish and Game Code § 1391(a) The purchase price of any interest in real property acquired by the nonprofit organization may not exceed fair market value as established by an appraisal approved by the Wildlife Conservation Board.
(b)CA Fish and Game Code § 1391(b) The Wildlife Conservation Board approves the terms under which the interest in real property is acquired.
(c)CA Fish and Game Code § 1391(c) The interest in real property acquired pursuant to a grant from the Wildlife Conservation Board may not be used as security for any debt to be incurred by the nonprofit organization unless the board approves the transaction.
(d)CA Fish and Game Code § 1391(d) The transfer of real property acquired pursuant to a grant shall be subject to the approval of the Wildlife Conservation Board and the execution of an agreement between the board and the transferee sufficient to protect the interest of the State of California.
(e)CA Fish and Game Code § 1391(e) The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated.
(f)CA Fish and Game Code § 1391(f) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state. However, prior to that termination, upon approval of the board, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property by recording its acceptance of title in writing. Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the state.
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