Chapter 5Resource Management Plan
Section § 29760
This law requires a comprehensive resource management plan for the delta's primary zone, prepared by a commission by October 1, 1994. The plan's goals include preserving cultural values, protecting natural resources, maintaining agricultural viability, improving levee systems, and conserving habitats. It also emphasizes protecting water quality, recreational opportunities, and private property, while limiting development that harms habitats or farmland.
Additionally, it promotes cooperative conservation efforts and controlled public access while maintaining navigation. The plan will include a marine patrol strategy in cooperation with law enforcement to enhance safety but won't override local government authority in secondary areas. If conflicts arise, landowners can continue farming their lands.
Section § 29761
This law requires a commission to approve the economic sustainability plan and any updates. The approval must be by majority vote and follow three public hearings. These hearings have to take place in different regions: one in the north Delta, one in the south Delta, and one in the west Delta.
Section § 29761.5
This law requires a commission to review and potentially update an economic sustainability plan every five years, specifically by the end of years ending in six or one. After updating the plan, they need to send copies to the Governor, Legislature, local governments, and the Delta Stewardship Council within 60 days.
The Delta Stewardship Council has 180 days to check if the plan aligns with their Delta Plan.
Section § 29763
This law requires local governments to update their general plans within 180 days after a new or revised resources management plan is adopted. The updates should ensure the local plans align with the new resources management plan concerning land in the primary zone.
Section § 29763.5
This law requires a commission to review and vote on local government proposals to amend general plans within 60 days of receiving them. The commission must approve these amendments only if they meet certain criteria. These include not harming wetlands, water quality, or wildlife habitats, not increasing pollution or flood risks, and not negatively impacting agriculture or navigation. Moreover, these plans must not decrease public access (unless it conflicts with private property rights) or affect levee integrity. Importantly, any changes should not impose new restrictions on agriculture within specific zones.
Section § 29763.8
This law requires that once a commission approves any changes to a general plan, a local government must formally adopt these amendments within 120 days.
Section § 29764
This law states that any land use powers given to a commission only apply to the primary zone, and do not override the land use plans made by local governments for the secondary zone.
Section § 29765
This law states that before any development can be approved in a designated primary zone by a local government, certain conditions must be met to protect the environment and public interests. The local government must have evidence showing the development won't harm wetlands, riparian areas, or water quality. It should not increase pollution or erosion, harm wildlife habitats like the Pacific Flyway, or reduce public access unless it affects private property rights.
Additionally, the development must not increase flood risks, adversely affect agricultural land, or degrade levee integrity. It should not hinder navigation or impose new restrictions on agricultural practices in the area. All these factors need written findings based on strong evidence before approval.
Section § 29766
This law ensures that property owners and local governments can still create agricultural preserves and enter into conservation contracts under the California Land Conservation Act of 1965. It reinforces that nothing in this division prevents them from applying other enforceable land use restrictions or zoning rules in primary or secondary zones.
Section § 29767
This section states that the commission cannot use eminent domain to carry out the resource management plan unless the landowner asks for it.