Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.
Chapter 2Definitions
Section § 29720
This law section means that the definitions outlined in its chapter should be used to interpret this division, unless it's clear that a different interpretation is needed.
definitions context interpretation construction of division interpretation guidelines legal context chapter definitions statutory interpretation division construction contextual requirement interpretation rules legal definitions governing definitions construction rules context-based interpretation statutory construction
Section § 29720.5
This law section clarifies that the term “aggrieved person” is defined as it is in Section 29117.
“Aggrieved person” has the same meaning as defined in Section 29117.
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Section § 29721
This section defines the term “Commission” as referring to the Delta Protection Commission, which is established under a different section, specifically Section 29735.
“Commission” means the Delta Protection Commission created by Section 29735.
Delta Protection Commission definition commission Section 29735 Delta region environmental management regional planning natural resources conservation community involvement Delta governance statutory body public agency environmental policy California Delta
Section § 29722
This section defines the term "Delta" for two different contexts. Generally, "Delta" refers to the Sacramento-San Joaquin Delta as defined in the Water Code. However, for Chapter 3 that begins with Section 29735, "delta" specifically means the area of the Delta excluding Alameda County.
“Delta” means the Sacramento-San Joaquin Delta, as defined in Section 12220 of the Water Code, for all provisions of this division, other than Chapter 3 (commencing with Section 29735). For the purposes of Chapter 3 (commencing with Section 29735), “delta” means the area of the delta minus the area contained in Alameda County.
Sacramento-San Joaquin Delta Alameda County Water Code Section 12220 geographic definition Chapter 3 Section 29735 delta exclusion area definition regional distinction Delta interpretation county exclusion Water Code reference
Section § 29722.5
The term 'Delta Plan' refers to the strategy created by the Delta Stewardship Council under a specific section of the Water Code.
“Delta Plan” means the plan adopted by the Delta Stewardship Council pursuant to Section 85300 of the Water Code.
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Section § 29722.7
The term “economic sustainability plan” refers to a specific plan created and approved by a commission, according to a specific section of the Public Resources Code.
“Economic sustainability plan” means the plan adopted by the commission pursuant to Section 29759.
economic sustainability plan commission approval Section 29759 adopted plan resource management economic planning commission responsibilities sustainability initiatives policy implementation strategic planning public resources long-term sustainability planning framework economic development commission guidelines
Section § 29723
This law defines "development" as any significant change or activity on land or water, like building structures, changing land use, or removing natural materials. However, it clarifies that some activities are not considered development. These exceptions include typical farming activities, routine maintenance of certain structures, and specific construction or maintenance related to farming. It also exempts certain projects in ports, state water projects, and specific developments within existing zoning laws or plans approved before 1992.
(a)CA Public Resources Code § 29723(a) “Development” means on, in, over, or under land or water, the placement or erection of any solid material or structure; discharge of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivisions pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), and any other division of land including lot splits, except where the land division is brought about in connection with the purchase of the land by a public agency for public recreational or fish and wildlife uses or preservation; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes.
(b)CA Public Resources Code § 29723(b) “Development” does not include any of the following:
(1)CA Public Resources Code § 29723(b)(1) All farming and ranching activities, as specified in subdivision (e) of Section 3482.5 of the Civil Code.
(2)CA Public Resources Code § 29723(b)(2) The maintenance, including the reconstruction of damaged parts, of structures, such as marinas, dikes, dams, levees, riprap (consistent with Chapter 1.5 (commencing with Section 12306) of Part 4.8 of Division 6 of the Water Code), breakwater, causeways, bridges, ferries, bridge abutments, docks, berths, and boat sheds. “Maintenance” includes, for this purpose, the rehabilitation and reconstruction of levees to meet applicable standards of the United States Army Corps of Engineers or the Department of Water Resources.
(3)CA Public Resources Code § 29723(b)(3) The construction, repair, or maintenance of farm dwellings, buildings, stock ponds, irrigation or drainage ditches, water wells, or siphons, including those structures and uses permitted under 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).
(4)CA Public Resources Code § 29723(b)(4) The construction or maintenance of farm roads, or temporary roads for moving farm equipment.
(5)CA Public Resources Code § 29723(b)(5) The dredging or discharging of dredged materials, including maintenance dredging or removal, as engaged in by any marina, port, or reclamation district, in conjunction with the normal scope of their customary operations, consistent with existing federal, state, and local laws.
(6)CA Public Resources Code § 29723(b)(6) The replacement or repair of pilings in marinas, ports, and diversion facilities.
(7)CA Public Resources Code § 29723(b)(7) Projects within port districts, including, but not limited to, projects for the movement, grading, and removal of bulk materials for the purpose of activities related to maritime commerce and navigation.
(8)CA Public Resources Code § 29723(b)(8) The planning, approval, construction, operation, maintenance, reconstruction, alteration, or removal by a state agency or local agency of any water supply facilities or mitigation or enhancement activities undertaken in connection therewith.
(9)CA Public Resources Code § 29723(b)(9) Construction, reconstruction, demolition, and land divisions within existing zoning entitlements, and development within, or adjacent to, the unincorporated towns of the delta, as permitted in the Delta Area Community Plan of Sacramento County and the general plan of Yolo County, authorized prior to January 1, 1992.
(10)CA Public Resources Code § 29723(b)(10) Exploration or extraction of gas and hydrocarbons.
(11)CA Public Resources Code § 29723(b)(11) The planning, approval, construction, repair, replacement, alteration, reconstruction, operation, maintenance, or removal of oxidation and water treatment facilities owned by the City of Stockton or the City of Lodi, or facilities owned by any local agency within or adjacent to the unincorporated towns of the delta consistent with the general plan of the County of Sacramento or the County of Yolo, as the case may be.
development definition land use change structure erection waste discharge mining activities land subdivision public agency exceptions farming activities exemption maintenance of structures marina maintenance farm dwellings construction port district projects water supply facilities delta community plan environmental projects
Section § 29724
This section defines what a 'local agency' is, emphasizing that it's any entity, other than a local government, formed to perform government or proprietary tasks within certain boundaries or maintaining facilities within the delta. These can include bodies like ports, water agencies, flood control districts, and more. Essentially, a local agency is any organization created to manage specific services or improvements in designated zones, often through taxes or assessments.
“Local agency” means any local agency, other than a local government, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries or which maintains facilities within the delta. “Local agency” includes, but is not limited to, a port, water agency, flood control district, county service area, maintenance district or area, improvement district or improvement area, mosquito abatement district, resource conservation district, irrigation district, reclamation district, sanitary or sewer district, or any other zone or area, formed for the purpose of designating an area within which either an assessment or a property tax rate will be levied to pay for a service or improvement benefiting that area or a special function will be carried out within that area.
local agency definition governmental functions proprietary functions limited boundaries facilities within delta port water agency flood control district county service area maintenance district improvement district mosquito abatement district resource conservation district reclamation district sanitary or sewer district
Section § 29725
This law defines what 'local government' means in certain areas of California. It refers to specific counties and cities such as Contra Costa County, Sacramento City, Stockton, Tracy, and others. Additionally, it includes any new cities that might be formed in the primary zone in the future.
“Local government” means the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo, and the Cities of Sacramento, Stockton, Tracy, Antioch, Pittsburg, Isleton, Lathrop, Brentwood, West Sacramento, and Oakley, and any other cities that may be incorporated in the future in the primary zone.
local government Contra Costa Sacramento San Joaquin Solano Yolo City of Stockton Tracy Antioch Pittsburg Isleton Lathrop Brentwood West Sacramento Oakley
Section § 29726
The term "Pacific Flyway" refers to the specific migratory path used by birds, which includes areas where they feed and nest. This path is detailed in a part of the North American Waterfowl Management Plan, specifically related to the Central Valley Habitat Joint Venture.
“Pacific Flyway” means the identified migratory bird flight path, including feeding and nesting habitat, as described in the Central Valley Habitat Joint Venture component of the North American Waterfowl Management Plan (NAWMP-1986).
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Section § 29727
This section defines the term "Port" to include the Port of Sacramento and the Port of Stockton, covering all land these ports own or lease. It also includes potential sites identified in Delta county general plans as of January 1, 2010, if those sites are legally authorized.
“Port” means the Port of Sacramento and the Port of Stockton, including all the land owned or leased by those ports, or potential sites identified in the Delta county general plans as of January 1, 2010, and otherwise authorized by law.
Port of Sacramento Port of Stockton land ownership leased land Delta county general plans potential port sites land authorization port locations site identification legal definition of port January 1 2010 Delta region ports port development
Section § 29728
The term "primary zone" refers to a specific land and water area within the Delta that is important for the state's interests and does not overlap with urban limits or local government plans as of January 1, 1992. This area is outlined on a specific map called 'Delta Protection Zones' at the State Lands Commission. If the boundary between the primary zone and a secondary zone is a waterway, the boundary is considered to be the middle of that waterway.
“Primary zone” means the delta land and water area of primary state concern and statewide significance which is situated within the boundaries of the delta, as described in Section 12220 of the Water Code, but that is not within either the urban limit line or sphere of influence line of any local government’s general plan or currently existing studies, as of January 1, 1992. The precise boundary lines of the primary zone includes the land and water areas as shown on the map titled “Delta Protection Zones” on file with the State Lands Commission. Where the boundary between the primary zone and secondary zone is a river, stream, channel, or waterway, the boundary line shall be the middle of that river, stream, channel, or waterway.
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Section § 29728.5
This section defines a 'resources management plan' as the plan that the commission adopts according to a specific law section, which is Section 29760.
“Resources management plan” means the plan adopted by the commission pursuant to Section 29760.
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Section § 29730
Restoration refers to activities that improve a damaged or run-down area to make it more productive, environmentally healthier, or beneficial.
“Restoration” means actions which return a degraded or deteriorated area to a level of increased productivity, environmental quality, or beneficial values.
environmental restoration degraded areas improving productivity environmental quality beneficial values deteriorated area ecological restoration habitat improvement environmental enhancement productivity increase restoration activities environmental health habitat restoration
Section § 29731
The 'secondary zone' refers to the parts of the Delta region that fall outside the primary zone but within the overall Delta boundaries. These areas are managed locally in terms of land use, as indicated on the 'Delta Protection Zones' map available with the State Lands Commission.
“Secondary zone” means all the delta land and water area within the boundaries of the delta not included within the primary zone, subject to the land use authority of local government, and that includes the land and water areas as shown on the map titled “Delta Protection Zones” on file with the State Lands Commission.
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Section § 29732
In simple terms, a "sphere of influence line" is a term used to describe the boundaries set for local governments. These boundaries are further explained in different sections of the Government Code.
“Sphere of influence line” refers to those boundaries of local governments as defined in Sections 56425 and 56426 of the Government Code.
sphere of influence local government boundaries boundary definition Section 56425 Section 56426 Government Code boundaries local government planning boundary delineation administrative boundaries local government jurisdiction
Section § 29733
This section defines 'unincorporated towns' specifically as the communities of Walnut Grove, Clarksburg, Courtland, Hood, Locke, Knightsen, Collinsville, and Ryde.
“Unincorporated towns” means the communities of Walnut Grove, Clarksburg, Courtland, Hood, Locke, Knightsen, Collinsville, and Ryde.
Walnut Grove Clarksburg Courtland Hood Locke Knightsen Collinsville Ryde unincorporated towns community definition local communities geographical designation California towns community names regional identification
Section § 29734
In simple terms, an "urban limit line" is a boundary set by a local government within the delta area. This line shows the outer edge beyond which the government does not plan to allow new urban development. This rule has been in place since January 1, 1992.
“Urban limit line” means that general plan line established and approved by any local government within the delta which delineates boundaries beyond which urban development is not publicly proposed by local government, as of January 1, 1992.
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