This division shall be known and may be cited as the Suisun Marsh Preservation Act of 1977.
Chapter 1General Provisions
Section § 29000
This law is called the Suisun Marsh Preservation Act of 1977. Its main purpose is to preserve the Suisun Marsh, a significant environmental resource in California.
Suisun Marsh preservation environmental protection conservation 1977 wetlands management habitat protection natural resources wildlife conservation marshland preservation
Section § 29002
This law highlights the importance of the Suisun Marsh, a significant wetland area in California. It provides crucial winter habitat for waterfowl and other wildlife, including some endangered species. The law emphasizes that human activity influences the marsh's ecosystem and acknowledges its uniqueness and irreplaceability as a resource. It also warns that future development could harm the area's wildlife value, and the state supports protecting these resources for future generations.
The Legislature hereby finds and declares that the Suisun Marsh, consisting of approximately 55,000 acres of marshland and 30,000 acres of bays and sloughs, and comprising almost 10 percent of the remaining natural wetlands in California, plays an important role in providing wintering habitat for waterfowl of the Pacific Flyway; that during years of drought the area becomes particularly important to waterfowl by virtue of its large expanse of aquatic habitat and the scarcity of such habitat elsewhere; that the area provides critical habitat for other wildlife forms, including such endangered, rare, or unique species as the peregrine falcon, white-tailed kite, golden eagle, California clapper rail, black rail, salt-marsh harvest mouse, and Suisun shrew; that the existence of this wide variety of wildlife is due to the relatively large expanse of unbroken native habitat and the diversity of vegetation and acquatic conditions that prevail in the marsh; that man is an integral part of the present marsh ecosystem and, to a significant extent, exercises control over the widespread presence of water and the abundant source of waterfowl foods; that the Suisun Marsh represents a unique and irreplaceable resource to the people of the state and nation; that future residential, commercial, and industrial developments could adversely affect the wildlife value of the area; and that it is the policy of the state to preserve and protect resources of this nature for the enjoyment of the current and succeeding generations.
Suisun Marsh waterfowl habitat Pacific Flyway California wetlands endangered species peregrine falcon white-tailed kite golden eagle California clapper rail salt-marsh harvest mouse Suisun shrew wildlife conservation habitat preservation ecosystem impact aquatic habitat
Section § 29003
This section highlights the need to protect the Suisun Marsh, a vital wetland area, by implementing several measures. It calls for maintaining water quality and enhancing water management, including drainage and other water controls. There should be criteria for growing food plants that benefit waterfowl, and plans for additional water supplies to maintain water quality must be in place. Additionally, it emphasizes protecting the marsh from overuse by people and creating buffer zones with areas of significant wildlife value to support the wetlands.
The Legislature further finds and declares that, in order to preserve the integrity and assure continued wildlife use of the Suisun Marsh, including the preservation of its waterfowl-carrying capacity and retention of the diversity of its flora and fauna, there is a need for all of the following:
(a)CA Public Resources Code § 29003(a) Provisions for establishment and maintenance of adequate water quality.
(b)CA Public Resources Code § 29003(b) Improvement of present water management practices, including drainage and other water control facilities within the Suisun Marsh.
(c)CA Public Resources Code § 29003(c) Establishment of criteria for the production of valuable waterfowl food plants.
(d)CA Public Resources Code § 29003(d) Provisions for future supplemental water supplies and related facilities to assure that adequate water quality will be achieved within the wetland areas.
(e)CA Public Resources Code § 29003(e) Development and implementation of plans and policies to protect the marsh from degradation by excessive human use.
(f)CA Public Resources Code § 29003(f) Definition and establishment of a buffer area consisting of upland areas that have high wildlife values themselves and also contribute to the integrity and continued wildlife use of the wetlands within the marsh.
Suisun Marsh wetland protection water quality water management waterfowl habitat wildlife preservation human impact buffer zones flora and fauna diversity water control facilities wildlife values excessive human use drainage improvement water supply facilities wetland integrity
Section § 29004
This law section highlights the findings related to the Suisun Marsh study conducted by the San Francisco Bay Conservation and Development Commission and the Department of Fish and Game. The study, which involved input from various stakeholders, led to the creation of the Suisun Marsh Protection Plan.
The plan includes recommendations for the preservation and management of the natural and recreational resources of the marsh, which require legislative action for implementation.
The Legislature further finds and declares as follows:
(a)CA Public Resources Code § 29004(a) That the San Francisco Bay Conservation and Development Commission and the Department of Fish and Game, pursuant to the Nejedly-Bagley-Z’berg Suisun Marsh Preservation Act of 1974 (former Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code), have made a detailed study of the Suisun Marsh; that there has been extensive participation by other governmental agencies, private interests, and the general public in the study; and that, based on the study, the commission has prepared the Suisun Marsh Protection Plan for the orderly and long-range conservation, use, and management of the natural, scenic, recreational, and manmade resources of the marsh.
(b)CA Public Resources Code § 29004(b) That the Suisun Marsh Protection Plan contains a series of recommendations which require implementation by the Legislature; and, accordingly, these recommendations are implemented in the manner provided in this division.
Suisun Marsh conservation protection plan San Francisco Bay Conservation resource management Nejedly-Bagley-Z’berg Suisun Marsh Preservation Act Fish and Game recreational resources natural resources legislative implementation environmental study stakeholder participation scenic resources long-range management
Section § 29005
This section of the law emphasizes the importance of local governments in land use planning and enforcement to address local needs effectively. However, it also underscores the necessity for continuous state oversight to ensure that both state and federal requirements are met. This oversight aims to protect the Suisun Marsh's long-term productivity and quality of life by coordinating various agencies' activities that affect the marsh. The San Francisco Bay Conservation and Development Commission plays a crucial role in managing these efforts as it has authority over much of the Suisun Marsh.
The Legislature further finds and declares as follows:
(a)CA Public Resources Code § 29005(a) That, to achieve maximum responsiveness to local conditions, public accountability, and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement.
(b)CA Public Resources Code § 29005(b) That, to ensure maximum state and federal conformity with the provisions of this division; to protect regional, state, and national interests in assuring the maintenance of the long-term productivity of the Suisun Marsh; to avoid long-term costs to the public and a diminished quality of life resulting from the misuse of the marsh; to coordinate and integrate the activities of the many agencies whose activities impact the marsh; and to supplement the activities of such agencies in matters not properly within the jurisdiction of any existing agency; it is appropriate to provide for continued state planning and management through the San Francisco Bay Conservation and Development Commission, which since 1965 has exercised jurisdiction over a substantial portion of the Suisun Marsh pursuant to Title 7.2 (commencing with Section 66600) of the Government Code.
local land use planning public accountability Suisun Marsh San Francisco Bay Conservation Development Commission long-term productivity regional interests state oversight federal conformity agency coordination public accessibility local government responsibility environmental protection marsh management resource misuse prevention
Section § 29006
This section clarifies that the division does not limit several powers and rights. Firstly, cities, counties, or districts can adopt extra regulations on land or water use to protect marsh resources, as long as they do not conflict with state requirements. Secondly, local authorities can declare and manage nuisances. Thirdly, the Attorney General can take legal action to prevent waste or pollution of the marsh. Lastly, individuals can take legal action against private nuisances for personal relief.
No provision of this division is a limitation on any of the following:
(a)CA Public Resources Code § 29006(a) On the power of a city, county, or district, except as otherwise limited by state law, to adopt and enforce regulations, in addition to, and not in conflict with, the requirements of this division, imposing further conditions, restrictions, or limitations with respect to any land or water use or other activity that might adversely affect the resources of the marsh.
(b)CA Public Resources Code § 29006(b) On the power of any city, county, or district to declare, prohibit, and abate nuisances.
(c)CA Public Resources Code § 29006(c) On the power of the Attorney General to bring an action in the name of the people of the state on his own motion or at the request of any state agency having standing under provisions of law other than this division, to enjoin any waste or pollution of the marsh or any nuisance.
(d)CA Public Resources Code § 29006(d) On the right of any person to maintain an appropriate action for relief against a private nuisance or any other private relief.
local regulations marsh protection nuisance declaration Attorney General action environmental conservation pollution prevention private nuisance local authority power waste management land use restrictions water use regulations public nuisance legal action for relief state agency standing
Section § 29007
This section emphasizes that the public should be actively involved in government decisions regarding the planning, conservation, and development of the Suisun Marsh. It highlights that effective marsh protection relies on public awareness and backing, and that ongoing efforts to safeguard the marsh should allow for public involvement.
The Legislature further finds and declares that the public has a right to participate fully in governmental decisions affecting planning, conservation, and development of the Suisun Marsh; that achievement of sound protection of the marsh is dependent upon public understanding and support; and that continuing planning and implementation of programs for marsh protection should include the opportunity for public participation.
public participation governmental decisions Suisun Marsh planning conservation development marsh protection public understanding public support planning implementation programs for marsh protection environmental conservation community involvement natural resources sustainable development
Section § 29008
This law states that the Suisun Marsh Protection Plan is a detailed extension of the San Francisco Bay Plan because of the unique features of the Suisun Marsh. Both plans' policies should be followed in areas covered by the commission's jurisdiction. However, if there is a conflict between the two plans in a specific situation, the Suisun Marsh Protection Plan's policies take priority.
The Legislature further finds and declares that the Suisun Marsh Protection Plan is a more specific application of the general, regional policies of the San Francisco Bay Plan prepared and administered by the San Francisco Bay Conservation and Development Commission pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, and is an appropriate supplement to those policies because of the unique characteristics of the Suisun Marsh. Therefore, the Legislature declares that the appropriate policies of both the San Francisco Bay Plan and the Suisun Marsh Protection Plan shall apply within any area that is within the commission’s jurisdiction, as defined in Section 66610 of the Government Code, and that is also within the marsh, as defined in Section 29101 of this code, except where the San Francisco Bay Plan and the Suisun Marsh Protection Plan may conflict. If a conflict occurs in a specific instance, the policies of the Suisun Marsh Protection Plan shall control.
Suisun Marsh Protection Plan San Francisco Bay Plan San Francisco Bay Conservation Development Commission unique characteristics policy conflict commission’s jurisdiction Title 7.2 Section 66600 Government Code Section 66610 Section 29101 policy application regional policies priority of policies
Section § 29009
The law states that land in or around the Suisun Marsh should be bought for public use or managing resources if it meets specific criteria. First, the land should be good for activities like fishing or nature watching and be near population centers or main roads. Second, the land should be suitable for converting into tidal or marsh environments and shouldn't be something private developers could be required to do as part of their projects. Lastly, the land should help manage wildlife more effectively, offering better conditions for habitats and hunting opportunities, and should not include privately managed wildlife areas unless they are sold to the state.
The Legislature further finds and declares that land within or adjacent to the Suisun Marsh should be acquired for public use or resource management, or both, and facilities suitable for such purposes should be constructed thereon, if the land meets one or more of the following criteria:
(a)CA Public Resources Code § 29009(a) It is suitable for passive recreational purposes such as fishing and nature observation and is located in the outer portions of the marsh near population centers or existing transportation routes, such as State Highway Route 12.
(b)CA Public Resources Code § 29009(b) It is suitable for the purpose of restoring areas to tidal action or to marsh or managed-wetland conditions and such restoration cannot be required as a condition of private development.
(c)CA Public Resources Code § 29009(c) It is suitable for providing additional wildlife habitat necessary to effective wildlife management, including consolidation of management units and improved public hunting opportunities. Acquisitions within this category should avoid privately owned property already managed as wildlife habitat unless offered for sale to the state.
Suisun Marsh public use resource management land acquisition passive recreation fishing nature observation State Highway Route 12 tidal restoration marsh conversion wildlife habitat wildlife management public hunting opportunities privately owned property wildlife areas
Section § 29010
The Suisun Marsh sits where saltwater and freshwater merge from the Pacific Ocean and Sacramento-San Joaquin Delta, creating unique wildlife habitats. Freshwater flow into the marsh is crucial for maintaining its water quality, but has been reduced due to water storage and diversions. More diversions could worsen salinity levels unless proper preventive actions are taken.
Possible solutions to address salinity include finding alternative freshwater sources, and these are being investigated. California aims to protect the marsh through collaborative discussions among state and federal agencies to manage water resources effectively and expect any resolutions to safeguard the marsh against harmful effects.
(a)CA Public Resources Code § 29010(a) The Legislature further finds that:
(1)CA Public Resources Code § 29010(a)(1) The Suisun Marsh is located where the saltwater of the Pacific Ocean and the freshwater of the Sacramento and San Joaquin River Delta meet and mix; and because of its location, the marsh provides a transition zone between salt- and fresh-water habitats, creating a unique diversity of fish and wildlife habitats.
(2)CA Public Resources Code § 29010(a)(2) Water quality in the marsh is dependent on the salinity of the water in sloughs of the marsh, which depends in turn on the amount of freshwater flowing in from the delta.
(3)CA Public Resources Code § 29010(a)(3) Numerous upstream storage facilities, together with diversions of water from the delta and tributary streams of the delta, have substantially reduced the amount of freshwater flowing into the marsh from the delta.
(4)CA Public Resources Code § 29010(a)(4) Further substantial diversions are planned, and these diversions will have adverse impacts in the marsh through increased salinity intrusion unless adequate mitigation measures are taken.
(5)CA Public Resources Code § 29010(a)(5) Possible mitigation measures, including the development of other sources of freshwater for the marsh, have been under study by a variety of state and federal agencies.
(6)CA Public Resources Code § 29010(a)(6) Protection of the marsh from salinity intrusion, particularly protection through the development of alternative sources of freshwater for the marsh, cannot be considered independently of other issues relating to the management of California’s water resources, and discussions are now underway among various agencies of the state and federal governments to resolve such issues.
(b)CA Public Resources Code § 29010(b) The Legislature, therefore, declares that it expects any resolution of these issues, whether by written agreement, federal legislation, state legislation, or any combination thereof, will protect the marsh from the adverse impacts of salinity intrusion and from any other significant adverse impacts.
Suisun Marsh salinity intrusion freshwater flow water quality wildlife habitats Delta water management saltwater freshwater mix upstream water storage diversions impact mitigation measures alternative freshwater sources state and federal agencies water resource management environmental protection California water issues
Section § 29011
This law acknowledges that the Suisun Marsh is a delicate ecosystem, and to protect its wildlife, many areas should be preserved from heavy human activity. The focus should be on creating and maintaining public access in areas that are or will be owned by the public.
The Legislature further finds and declares that the Suisun Marsh is a fragile ecological system and that, in order to protect wildlife, many areas of the marsh should not be subject to extensive human intrusion. Highest priority, therefore, should be given to developing and maintaining opportunities for public access on lands currently in, or in the future to be in, public ownership.
Suisun Marsh ecological system wildlife protection human intrusion public access public ownership habitat preservation fragile ecosystem wildlife areas marshlands land conservation public lands environmental protection nature access conservation priorities
Section § 29012
This section tells us that the rules in this division should be interpreted in a flexible way to effectively achieve their goals and aims.
This division shall be liberally construed to accomplish its purposes and objectives.
liberal construction interpretation division objectives flexible interpretation purposes and objectives effective achievement statutory goals broad interpretation accomplishing purposes construction of law
Section § 29013
This law makes it clear that the government cannot use its authority to approve or reject permits in a way that would take or damage private property for public use without paying the property owner fairly. It doesn't change property owners' current rights under California or U.S. law.
The Legislature hereby finds and declares that this division is not intended to authorize, and shall not be construed as authorizing, the commission or local government acting pursuant to this division, to exercise their powers to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or of the United States.
private property rights government compensation permit approval property damage public use just compensation constitutional rights property owner rights denying permits local government authority property acquisition fair compensation takings clause property use regulations land use laws
Section § 29014
This section clarifies that the commission does not have authority over developments outside the Suisun Marsh, unless specifically mentioned in certain chapters. Any activities outside the Marsh are exempt from this division and Suisun Marsh Protection Plan until a local protection program is approved and certified by the commission.
The Legislature finds and declares it is not its intent in enacting this division to grant the commission any authority over any development outside the Suisun Marsh, except as expressly authorized in Chapter 3 (commencing with Section 29200) and in Chapter 5 (commencing with Section 29400). Except as provided in Chapter 3 (commencing with Section 29200), neither the provisions of this division nor of the Suisun Marsh Protection Plan shall apply to any permit, development, or any other action or project which occurs outside of the marsh prior to the approval of the local protection program and its certification by the commission, as provided in Article 2 (commencing with Section 29410) of Chapter 5.
Suisun Marsh development authority local protection program commission certification Suisun Marsh Protection Plan outside development Chapter 3 authorization Chapter 5 authorization permit application pre-approval exemption local approval process environmental protection land use regulation development projects
