Section § 29100

Explanation

This section states that the definitions provided in this chapter should be used to understand and interpret the rest of the division unless there's a specific situation that calls for a different interpretation.

Unless the context requires otherwise, the definitions set forth in this chapter govern the interpretation of this division.

Section § 29101

Explanation

This law defines the term "Suisun Marsh" or "marsh" to include various types of wetlands and land areas within a specified map. These include water-covered and tidal marsh areas, diked-off wetlands, seasonal marshes, and grasslands, as well as cultivated lands outlined in a specific statute from the 1977–78 Regular Session. It also covers both primary and secondary management areas indicated on the Suisun Marsh Protection Plan Map, and any state highway right-of-way that forms part of the marsh boundary.

“Suisun Marsh” or “marsh” means water-covered areas, tidal marsh, diked-off wetlands, seasonal marshes, lowland grasslands, upland grasslands, and cultivated lands specified on the map identified in Section 16 of that chapter of the Statutes of the 1977–78 Regular Session enacting this division. It includes both the primary and secondary management areas as shown on the Suisun Marsh Protection Plan Map and includes the entire right-of-way of any state highway that is designated as a portion of the boundary of the marsh.

Section § 29101.5

Explanation

This law outlines a specific area of land that is not considered part of the "Suisun Marsh." Despite the general definition of Suisun Marsh, it excludes a detailed piece of real estate described in terms of various boundary lines and reference points, including roads, highway routes, and landmarks.

These boundaries are identified using a series of precise coordinates and directions, effectively carving out a portion within which certain properties will not be subject to any regulations or considerations that apply to Suisun Marsh.

Notwithstanding Section 29101, “Suisun Marsh” does not include the real property described as follows:
Beginning at a point in the easterly line of Section 32, T5N R1W, M.D.B. & M., said point being the northeast corner of the lands now or formerly of J.B. Lemon; thence along the north line of said lands of Lemon S 88° 15´ W 840 feet to the north line of the Pacific Gas and Electric Company Tower Line; thence along said Tower Line N 38° 10´ W 350 feet to an angle point; thence S 83° 00´ W 2,020 feet; thence leaving said Tower Line N 42° W 450 feet; thence N 55° W 700 feet; thence N 75° W 540 feet; thence S 73° W 910 feet to the easterly line of Section 31, T5N, R1W, M.D.B. & M.; thence along said line N 1° 30´ W 1,060 feet to a point 915.00 feet, measured at right angles, south of the south right-of-way line of State Highway Route 12; thence parallel with said State Highway N 89° 30´ W 3,840 feet to the easterly line of Grizzly Island Road; thence along said easterly line N 2° 30´ W 981 feet to the northerly right-of-way line of State Highway Route 12; thence along said line S 89° 30´ E 3,825 feet to said easterly line of Section 31; thence continuing along said northerly line in an easterly and southeasterly direction to said easterly line of said Section 32; thence along said easterly line southerly to the point of beginning.

Section § 29102

Explanation

This section defines what is meant by the term "primary management area." It includes areas covered by water, tidal marshes, wetlands that have been diked off, marshes that only exist seasonally, and lowland grasslands. These specific areas are detailed on a map referenced in a statute from the 1977–78 legislative session.

“Primary management area” means water-covered areas, tidal marsh, diked-off wetlands, seasonal marsh, and lowland grassland specified on the map identified in Section 16 of that chapter of the Statutes of the 1977–78 Regular Session enacting this division.

Section § 29103

Explanation

This section defines what is meant by 'secondary management area.' It refers to areas like grasslands, farms, and low areas next to a 'primary management area.' The exact locations are detailed in a specific map from a law passed during the 1977-78 legislative session.

“Secondary management area” means the upland grasslands, cultivated lands, and low-lying areas adjacent to the primary management area specified on the map identified in Section 16 of that chapter of the Statutes of the 1977–78 Regular Session enacting this division.

Section § 29104

Explanation

This section defines 'watershed' as the area around the marsh upland from the secondary management area in Solano County. It includes creeks, streams, channels, or other water areas in Solano County that flow into the marsh.

“Watershed” means the immediate watershed of the marsh upland from the secondary management area and located in the County of Solano, including those creeks, streams, channels, or other water areas in the County of Solano that are tributary to, or flow into, the marsh. “Creeks, streams, channels, or other water areas” includes areas that are riparian thereto.

Section § 29105

Explanation

A "managed wetland" refers to diked areas in marshlands where water is controlled or plants are grown to improve the habitat for waterfowl and other wildlife. These areas can be used for various activities, such as hunting, fishing, nature studies, photography, and other wildlife-related activities.

“Managed wetland” means those diked areas in the marsh in which water inflow and outflow is artificially controlled or in which waterfowl food plants are cultivated, or both, to enhance habitat conditions for waterfowl and other water-associated birds, wildlife, or fish, regardless of whether such areas are used for hunting or fishing or nonconsumptive uses such as nature study, photography, and similar passive wildlife activities, or a combination of both such consumptive and nonconsumptive uses.

Section § 29106

Explanation

This section of the law defines the term “Commission” as the San Francisco Bay Conservation and Development Commission, which was established under Title 7.2 starting with Section 66600 of the Government Code.

“Commission” means the San Francisco Bay Conservation and Development Commission created by Title 7.2 (commencing with Section 66600) of the Government Code.

Section § 29107

Explanation

This section defines the term "Department" as referring specifically to the Department of Fish and Game.

“Department” means the Department of Fish and Game.

Section § 29108

Explanation

This section simply clarifies that whenever the term “County” is used in this specific context, it specifically refers to the County of Solano.

“County” means the County of Solano.

Section § 29109

Explanation

This section defines the term "local government" specifically for a context involving the County of Solano and the cities of Suisun City, Fairfield, and Benicia.

“Local government” means the County of Solano and the Cities of Suisun City, Fairfield, and Benicia.

Section § 29110

Explanation

This law section defines what a "district" means in terms of public agencies. A district is a type of public agency created by law to perform specific governmental or business tasks within a certain area. This term covers various forms, including service areas, improvement districts, mosquito control regions, and more, usually set up to levy taxes or assessments to provide services or improvements to that area.

“District” means any public 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. “District” includes, but is not limited to, a county service area, a maintenance district or area, an improvement district or improvement zone, a mosquito abatement district, a resource conservation district, an irrigation district, a reclamation district, a 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.

Section § 29111

Explanation

This section defines a 'local protection program' as various planning and regulatory tools used by local governments, like zoning maps and land use regulations. These tools help implement the Suisun Marsh Protection Plan at a local level. They need to be submitted by the county to a commission and must comply with specific requirements to protect the marsh area.

“Local protection program” means those provisions of general or specific plans; ordinances; zoning district maps; land use regulations, procedures, or controls; or any other programs, procedures, standards, or controls that are adopted, undertaken, or carried out by local governments, districts, or the Solano County Local Agency Formation Commission in and adjacent to the marsh, are submitted by the county to the commission pursuant to Chapter 5 (commencing with Section 29400), and meet the requirements of, and implement, this division and the Suisun Marsh Protection Plan at the local level.

Section § 29112

Explanation

The term "local protection program component" refers to specific parts of a local protection program. These components can be created by the county under a certain section or by the Suisun Resource Conservation District under a different section, and they are added to the local protection program.

“Local protection program component” or “component” means a part of the local protection program that is prepared by or submitted to the county pursuant to Section 29411 or prepared by the Suisun Resource Conservation District pursuant to Section 29412.5 for inclusion in the local protection program.

Section § 29113

Explanation

In California, the term "Suisun Marsh Protection Plan" refers to a specific plan created by a commission to safeguard the Suisun Marsh area. This plan, which includes two important maps, was given to the Governor and Legislature under a now-defunct chapter of the Fish and Game Code. The "protection plan policies" mention specific guidelines detailed in the second part of the document, covering pages 10 through 29.

(a)CA Public Resources Code § 29113(a) “Suisun Marsh Protection Plan” or “protection plan” means the Suisun Marsh Protection Plan prepared and adopted by the commission and submitted to the Governor and Legislature pursuant to former Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code. The protection plan includes the Suisun Marsh Protection Plan Map and the Suisun Marsh Protection Plan Natural Factors Map prepared as a part of such plan.
(b)CA Public Resources Code § 29113(b) “Protection plan policies” or “policies of the protection plan” means the policies set forth in Part II (pages 10 to 29, inclusive) of the protection plan.

Section § 29114

Explanation

This law defines what qualifies as 'development' concerning land and water use. It includes constructing, altering, or removing structures, changing how land is used (like through subdivisions), and affecting the intensity of land or water use. Notably, it involves activities like mining, waste disposal, and vegetation removal. However, 'development' does not cover activities that change water use or remove vegetation if done to support wildfowl habitats without harming other wildlife.

(a)CA Public Resources Code § 29114(a) “Development” means on land, or in or under water, the placement or erection of any solid material or structure; discharge or disposal 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, subdivision pursuant to Subdivision Map Act (commencing with Section 66410 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 such land by a public agency for public recreational use; change in the intensity of use of water or in access thereto; 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 § 29114(b) “Development” does not include either a change in the intensity of use of water or the removal or harvesting of major vegetation where such change, removal, or harvesting is to maintain or improve wildfowl habitat and does not have a significant, adverse effect on other fish and wildlife resources in the marsh.

Section § 29115

Explanation

This section defines "feasible" as something that can be successfully done within a reasonable time frame, considering factors like cost, the environment, society, and technology.

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

Section § 29116

Explanation

A "permit" is defined as any kind of official permission, like a license or certificate, that a government agency can either grant or deny as part of this division's rules.

“Permit” means any license, certificate, approval, or other entitlement for use granted or denied by any public agency which is subject to the provisions of this division.

Section § 29117

Explanation

This section defines two important terms. First, a "Person" includes not just individuals but also businesses, government entities, utilities, and all types of organizations. Second, an "Aggrieved person" is someone who either participated or tried to participate in a local government public hearing related to a decision or appeal, or due to a valid reason, was unable to engage but made their concerns known beforehand. This includes permit applicants and affected local governments concerning the local protection program approval.

(a)CA Public Resources Code § 29117(a) “Person” means any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility; and the federal government, the state, any local government, or any district, or any agency thereof.
(b)CA Public Resources Code § 29117(b) “Aggrieved person” means any person who, in person or through a representative, appeared at a public hearing of the local government in connection with the decision made or action appealed; or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns; or who for good cause was unable to do either of the foregoing. “Aggrieved person” includes the applicant for a permit; and, with respect to the approval of the local protection program, or any component thereof, any affected local government.