Every application for the acquisition of a conservation easement shall provide sufficient information to enable the department to verify the parcel’s eligibility for the program and to understand the conservation objectives and the parcel’s environmental value or potential to protect forest and aquatic resources.
Chapter 3Eligibility Criteria
Section § 12250
This law section requires that when someone applies to acquire a conservation easement, they must provide enough information to the department so that it can confirm the property's eligibility for the program. The application should also describe the conservation goals and highlight the environmental importance of the land or its potential to protect forests and water resources.
conservation easement application parcel eligibility environmental value forest resources aquatic resources protection conservation objectives department verification program eligibility conservation program land conservation environmental conservation property eligibility protect forest areas aquatic conservation conservation goals
Section § 12250.5
When evaluating applications, the department checks if the conservation easement fits the set criteria and follows department rules.
In reviewing applications pursuant to this division, the department shall determine whether the proposed conservation easement meets the eligibility and selection criteria set forth in this chapter and conforms with any rules or regulations adopted by the department pursuant to this chapter.
conservation easement eligibility criteria selection criteria department review application evaluation regulatory compliance rules and regulations adherence conservation program easement approval process natural resources protection environmental criteria land use planning wildlife habitat conservation resource management land preservation
Section § 12251
This law outlines what land must have to qualify for conservation easements. These easements help preserve forest areas by restricting future development. To be eligible, the land should be at risk of being developed, the owner must want to sell or donate the easement, and the land should have at least 10% tree cover or the natural potential to reach that level. The land must also have important environmental features like wildlife habitats, rare plants, or areas that ensure biodiversity. It should also support traditional forest activities like lumber production. Conservation on these lands should be feasible and affordable.
Proposed conservation easements shall meet the eligibility criteria set forth in this section prior to review pursuant to the selection criteria set forth in Section 12260. To be eligible for participation, private forest land parcels proposed for protection under the program shall comply with all of the following:
(a)CA Public Resources Code § 12251(a) Be subject to potential conversion.
(b)CA Public Resources Code § 12251(b) Be owned by landowners who are willing and interested in selling or donating conservation easements.
(c)CA Public Resources Code § 12251(c) Be forested with at least 10-percent canopy cover by conifer or hardwood species, or be capable of being so forested under natural conditions.
(d)CA Public Resources Code § 12251(d) Possession of one or more environmental values of great concern to the public and the state:
(1)CA Public Resources Code § 12251(d)(1) Important fish and wildlife habitat.
(2)CA Public Resources Code § 12251(d)(2) Areas that can help maintain habitat connectivity across landscapes.
(3)CA Public Resources Code § 12251(d)(3) Rare plants.
(4)CA Public Resources Code § 12251(d)(4) Biodiversity.
(5)CA Public Resources Code § 12251(d)(5) Riparian habitats.
(6)CA Public Resources Code § 12251(d)(6) Oak woodlands.
(7)CA Public Resources Code § 12251(d)(7) Ecological old growth forests.
(8)CA Public Resources Code § 12251(d)(8) Other key forest types and seral stages that are poorly represented across California.
(9)CA Public Resources Code § 12251(d)(9) Lands that directly affect water quality and other watershed values.
(e)CA Public Resources Code § 12251(e) Provision for continuity of one or more traditional forest uses, such as commodities production or habitat maintenance.
(f)CA Public Resources Code § 12251(f) Possession of environmental values that can be protected and managed effectively through conservation easements at reasonable costs.
conservation easements forest land eligibility habitat protection biodiversity riparian habitats oak woodlands ecological old growth forests water quality impact traditional forest uses canopy cover wildlife habitat landowner participation natural resource management environmental values forest conservation
Section § 12252
This law states that an easement cannot be required by any public agency as a condition for granting certain approvals like leases, permits, or licenses. This includes cases where projects might affect the environment and are subject to reviews under various environmental laws such as the California Environmental Quality Act, the Z’berg-Nejedly Forest Practice Act, and both the state and federal Endangered Species Acts.
The easement shall not be required as a condition of any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, mitigating the significant effects on the environment of a project pursuant to an approved environmental impact report or mitigated negative declaration pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or pursuant to an approved environmental impact statement or a finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C.A. Sec. 4321 et seq.) or the federal Endangered Species Act of 1973 (16 U.S.C.A. Sec. 1531 et seq.).
easement requirement lease condition permit condition license condition environmental impact California Environmental Quality Act CEQA Z’berg-Nejedly Forest Practice Act California Endangered Species Act National Environmental Policy Act environmental impact report mitigated negative declaration environmental approval public agency entitlement federal Endangered Species Act
