Section § 29760

Explanation

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.

(a)CA Public Resources Code § 29760(a) Not later than October 1, 1994, the commission shall prepare and adopt, by a majority vote of the membership of the commission, and thereafter review and maintain, a comprehensive long-term resource management plan for land uses within the primary zone of the delta. The resource management plan shall consist of the map of the primary zone and text or texts setting forth a description of the needs and goals for the delta and a statement of the policies, standards, and elements of the resource management plan.
(b)CA Public Resources Code § 29760(b) The resource management plan shall meet the following requirements:
(1)CA Public Resources Code § 29760(b)(1) Protect and preserve the cultural values and economic vitality that reflect the history, natural heritage, and human resources of the delta.
(2)CA Public Resources Code § 29760(b)(2) Conserve and protect the quality of renewable resources.
(3)CA Public Resources Code § 29760(b)(3) Preserve and protect agricultural viability.
(4)CA Public Resources Code § 29760(b)(4) Restore, improve, and manage levee systems by promoting strategies, including, but not limited to, methods and procedures which advance the adoption and implementation of coordinated and uniform standards among governmental agencies for the maintenance, repair, and construction of both public and private levees.
(5)CA Public Resources Code § 29760(b)(5) Preserve and protect delta dependent fisheries and their habitat.
(6)CA Public Resources Code § 29760(b)(6) Preserve and protect riparian and wetlands habitat, and promote and encourage a net increase in both the acreage and values of those resources on public lands and through voluntary cooperative arrangements with private property owners.
(7)CA Public Resources Code § 29760(b)(7) Preserve and protect the water quality of the delta, both for instream purposes and for human use and consumption.
(8)CA Public Resources Code § 29760(b)(8) Preserve and protect open-space and outdoor recreational opportunities.
(9)CA Public Resources Code § 29760(b)(9) Preserve and protect private property interests from trespassing and vandalism.
(10)CA Public Resources Code § 29760(b)(10) Preserve and protect opportunities for controlled public access and use of public lands and waterways consistent with the protection of natural resources and private property interests.
(11)CA Public Resources Code § 29760(b)(11) Preserve, protect, and maintain navigation.
(12)CA Public Resources Code § 29760(b)(12) Protect the delta from any development that results in any significant loss of habitat or agricultural land.
(13)CA Public Resources Code § 29760(b)(13) Promote strategies for the funding, acquisition, and maintenance of voluntary cooperative arrangements, such as conservation easements, between property owners and conservation groups that protect wildlife habitat and agricultural land, while not impairing the integrity of levees.
(14)CA Public Resources Code § 29760(b)(14) Permit water reservoir and habitat development that is compatible with other uses.
(c)CA Public Resources Code § 29760(c) The resource management plan shall not supersede the authority of local governments over areas within the secondary zone.
(d)CA Public Resources Code § 29760(d) To facilitate, in part, the requirements specified in paragraphs (8), (9), (10), and (11) of subdivision (b), the commission shall include in the resource management plan, in consultation with all law enforcement agencies having jurisdiction in the delta, a strategy for the implementation of a coordinated marine patrol system throughout the delta that will improve law enforcement and coordinate the use of resources by all jurisdictions to ensure an adequate level of public safety. The strategic plan shall identify resources to implement that coordination. The commission shall have no authority to abrogate the existing authority of any law enforcement agency.
(e)CA Public Resources Code § 29760(e) To the extent that any of the requirements specified in this section are in conflict, nothing in this division shall deny the right of the landowner to continue the agricultural use of the land.

Section § 29761

Explanation

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.

The commission shall adopt, by a majority vote, the economic sustainability plan and each plan update after at least three public hearings, with at least one hearing held in a community in the north Delta, one hearing in the south Delta, and one hearing in the west Delta.

Section § 29761.5

Explanation

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.

(a)CA Public Resources Code § 29761.5(a) The commission shall review, and, as determined to be necessary, amend the economic sustainability plan every five years on or before December 31 in years ending in six or one.
(b)CA Public Resources Code § 29761.5(b) The commission shall transmit copies of the economic sustainability plan and any subsequent amendments to the Governor, Legislature, each local government as defined in Section 29725, and Delta Stewardship Council within 60 days of adoption or amendment. Within 180 days of the commission’s adoption or amendment of the economic sustainability plan, the Delta Stewardship Council shall review the economic sustainability plan for consistency with the Delta Plan.

Section § 29763

Explanation

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.

Within 180 days from the date of the adoption of the resources management plan or any amendments, changes, or updates, to the resources management plan by the commission, each local government shall submit to the commission proposed amendments to its general plan that are intended to make the general plan consistent with the resources management plan with respect to land located within the primary zone.

Section § 29763.5

Explanation

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.

The commission shall act on proposed local government general plan amendments within 60 days from the date of submittal of the proposed amendments. The commission shall approve the proposed general plan amendments by a majority vote of the commission membership, with regard to lands within the primary zone, only after making all of the following written findings as to the potential impact of the proposed amendments, to the extent that those impacts will not increase requirements or restrictions upon agricultural practices in the primary zone, based on substantial evidence in the record:
(a)CA Public Resources Code § 29763.5(a) The general plan, and any development approved or proposed that is consistent with the general plan, are consistent with the resource management plan.
(b)CA Public Resources Code § 29763.5(b) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in wetland or riparian loss.
(c)CA Public Resources Code § 29763.5(c) The general plan, and development approved or proposed that is consistent with the general plan, will not result in the degradation of water quality.
(d)CA Public Resources Code § 29763.5(d) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in increased nonpoint source pollution.
(e)CA Public Resources Code § 29763.5(e) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in the degradation or reduction of Pacific Flyway habitat.
(f)CA Public Resources Code § 29763.5(f) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in reduced public access, provided the access does not infringe on private property rights.
(g)CA Public Resources Code § 29763.5(g) The general plan, and any development approved or proposed that is consistent with the general plan, will not expose the public to increased flood hazard.
(h)CA Public Resources Code § 29763.5(h) The general plan, and any development approved or proposed that is consistent with the general plan, will not adversely impact agricultural lands or increase the potential for vandalism, trespass, or the creation of public or private nuisances on public or private land.
(i)CA Public Resources Code § 29763.5(i) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in the degradation or impairment of levee integrity.
(j)CA Public Resources Code § 29763.5(j) The general plan, and any development approved or proposed that is consistent with the general plan, will not adversely impact navigation.
(k)CA Public Resources Code § 29763.5(k) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in any increased requirements or restrictions upon agricultural practices in the primary zone.

Section § 29763.8

Explanation

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.

A local government shall adopt its proposed general plan amendments within 120 days after their approval by the commission.

Section § 29764

Explanation

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.

Land use authority granted to the commission by this division is limited to the primary zone, and shall not preempt local government general plans for lands within the secondary zone.

Section § 29765

Explanation

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.

Prior to the commission approving the general plan amendments of the local government, the local government may approve development within the primary zone only after making all of the following written findings on the basis of substantial evidence in the record:
(a)CA Public Resources Code § 29765(a) The development will not result in wetland or riparian loss.
(b)CA Public Resources Code § 29765(b) The development will not result in the degradation of water quality.
(c)CA Public Resources Code § 29765(c) The development will not result in increased nonpoint source pollution or soil erosion, including subsidence or sedimentation.
(d)CA Public Resources Code § 29765(d) The development will not result in degradation or reduction of Pacific Flyway habitat.
(e)CA Public Resources Code § 29765(e) The development will not result in reduced public access, provided that access does not infringe upon private property rights.
(f)CA Public Resources Code § 29765(f) The development will not expose the public to increased flood hazards.
(g)CA Public Resources Code § 29765(g) The development will not adversely impact agricultural lands or increase the potential for vandalism, trespass, or the creation of public or private nuisances on private or public land.
(h)CA Public Resources Code § 29765(h) The development will not result in the degradation or impairment of levee integrity.
(i)CA Public Resources Code § 29765(i) The development will not adversely impact navigation.
(j)CA Public Resources Code § 29765(j) The development will not result in any increased requirements or restrictions upon agricultural practices in the primary zone.

Section § 29766

Explanation

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.

Nothing in this division shall deny the right of private or public property owners and local governments to establish agriculture preserves and enter into contracts pursuant to 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) or apply other enforceable restrictions or zoning within the primary zone or the secondary zone.

Section § 29767

Explanation

This section states that the commission cannot use eminent domain to carry out the resource management plan unless the landowner asks for it.

The commission may not exercise the power of eminent domain in implementing the resource management plan, unless requested by the landowner.