The conservancy may award grants to public agencies and nonprofit organizations for the purpose of restoration of areas of the coastal zone that, because of scattered ownerships, poor lot layout, inadequate park and open space, incompatible land uses, or other conditions, are adversely affecting the coastal environment or are impeding orderly development. Grants under this section shall be utilized for the assembly of parcels of land within designated coastal restoration areas, for the redesign of those areas, and the installation of public improvements required to serve those areas. As provided in this chapter, the cost of acquisition of certain coastal access and open-space lands, other than those acquired through dedication, within restoration areas may be funded through the conservancy. Grants under this section may not be utilized as a method of acquisition of public park, recreation, or wildlife areas, except as those uses may be incidental to a coastal restoration project. After redesign and installation of public improvements, if any, lands containing coastal restoration projects, with the exception of lands acquired for public purposes as provided in this chapter, shall be conveyed to any person for the purpose of development in accordance with a restoration plan approved under Section 31208.
Chapter 5Coastal Restoration Projects
Section § 31200
This law allows a conservancy to give grants to public agencies and nonprofits to help restore coastal areas that are negatively impacting the environment or hindering development. The grants can be used to gather land parcels, redesign these areas, and put in needed public facilities. The conservancy can also help pay for acquiring coastal access and open-space lands, but not for new public parks or wildlife areas unless they're part of a restoration project. After improvements, the lands can be developed by private parties as long as it's within an approved restoration plan.
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Section § 31201
This law requires that any area planned for restoration by a conservancy, local public agency, or nonprofit must be listed in a certified local coastal plan as needing public action due to current or future development issues. For San Francisco Bay, the land should be identified in the bay plan, Suisun Marsh Protection Plan, or another local plan deemed consistent by the bay commission.
All areas proposed for restoration by the conservancy, a local public agency, or a nonprofit organization shall be identified in a certified local coastal plan or program as requiring public action to resolve existing or potential development problems or shall be so identified in other local plans which the commission determines to be consistent with the policies and objectives of Division 20 (commencing with Section 30000). In the case of San Francisco Bay, the lands shall be so identified in the bay plan, the Suisun Marsh Protection Plan, or in any other local plan which the bay commission determines to be consistent with such plans.
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Section § 31203
This section mandates that when evaluating grant applications and plans for restoration, the conservancy should aim for outstanding design quality. The goal is to encourage projects that creatively and sensitively blend human-made elements with the natural coastal environment.
In reviewing grant applications and restoration plans, the conservancy shall seek to promote excellence of design and shall stimulate projects which exhibit innovation in sensitively integrating man-made features into the natural coastal environment.
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Section § 31204
The California conservancy can cover up to the full cost of coastal restoration projects, including those partly funded by the federal government. They might ask for local governments to contribute financially too. The decision on who gets how much money depends on things like the available budget, the applicant's financial situation, how urgent the project is, how well the project aligns with set goals, and other criteria set by the conservancy to prioritize projects.
The conservancy may provide up to the total cost of any coastal restoration project, including the local share of federally supported projects. The conservancy may also require local funding participation in coastal restoration projects. The amount of funding provided by the conservancy and the degree of local participation shall be determined by the total amount of funding available for coastal restoration projects, the fiscal resources of the applicant, the urgency of the project relative to other eligible coastal restoration projects, the degree to which the project meets the objectives set forth in Section 31203, and the application of other factors prescribed by the conservancy for the purpose of determining project eligibility and priority in order to more effectively carry out the provisions of this division.
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Section § 31205
This law section states that the conservancy will work with various groups, like local agencies and nonprofits, to create guidelines for evaluating and prioritizing coastal restoration projects. They will gather feedback from these groups and the public. After considering this feedback, the conservancy will finalize and adopt the guidelines for the coastal program.
The conservancy shall request the commission, local public agencies, nonprofit organizations, and other public and private groups to assist in the development of criteria and guidelines for the submission, evaluation, and determination of priority of coastal restoration projects. After considering comments received from such sources and ensuring that adequate opportunity for public review and comment has been provided, the conservancy shall adopt guidelines and criteria for the administration of the coastal program authorized under this chapter.
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Section § 31206
This law section allows public agencies and nonprofit organizations to propose coastal restoration projects for review and potential approval by the conservancy, following specific procedures they have set.
In accordance with procedures adopted by the conservancy, public agencies and nonprofit organizations may submit proposed coastal restoration projects for consideration by the conservancy.
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Section § 31207
This law allows a conservancy to contribute up to $300,000 towards the cost of creating plans for coastal restoration projects.
In connection with proposed coastal restoration projects, the conservancy may fund up to three hundred thousand dollars ($300,000) of the cost of preparing coastal restoration plans.
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Section § 31207.1
This law allows the conservancy to potentially purchase or secure a right to buy real property as part of a restoration project if the Legislature provides funds. The price to secure this option cannot be more than $600,000.
Notwithstanding any other provision of law, the conservancy may enter into an option to acquire an interest in real property in connection with a restoration project, when the Legislature appropriates funds for purposes of carrying out the objectives of this division. The cost of the option may not exceed six hundred thousand dollars ($600,000).
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Section § 31208
This section outlines the process for reviewing coastal restoration plans in California. After developing a restoration plan, the conservancy sends it to the commission to make sure it fits with statewide coastal policies. The commission has 60 days to review and respond. If they don't, the plan is presumed acceptable.
If a local coastal program is certified, the review shifts to the local city or county where the plan will be implemented, given certain conditions, like the entire project being within one local jurisdiction. Local agencies also get 60 days to review for alignment with their coastal programs, after which silence indicates agreement.
If the project area involves more complex jurisdictional scenarios, like multiple local governments or areas still under commission's permit jurisdiction, the commission continues to oversee the review, ensuring consistency with both statewide policies and local programs.
(a)CA Public Resources Code § 31208(a) Following completion of a coastal restoration plan, the conservancy shall forward the proposed plan to the commission for determination of conformity of the plan with the policies and objectives of Division 20 (commencing with Section 30000). The commission shall have 60 days to review the project and transmit the findings on such plan to the conservancy. If no comments are received within that period, the coastal restoration plan shall be deemed to be in accord with Division 20 (commencing with Section 30000).
(b)CA Public Resources Code § 31208(b) Following the certification of a local coastal program, the city or county or city and county with jurisdiction over the certified area, rather than the commission, shall review the coastal restoration plan where: (1) the proposed restoration plan will be implemented entirely within one local public agency’s jurisdiction; (2) the area proposed for restoration is identified pursuant to the provisions of Section 31201; and (3) implementation of the coastal restoration plan does not require an amendment to the certified local coastal program. The local public agency shall review the coastal restoration plan to determine consistency with the certified local coastal program within 60 days after transmittal of the plan from the conservancy and shall transmit its findings to the conservancy immediately upon completion of plan review. If no comments are received at the end of the 60-day period, the plan shall be deemed to be in accord with the provisions of the certified local coastal program.
Where the coastal restoration plan will be implemented in whole or in part in an area in which the commission retains coastal development permit jurisdiction pursuant to subdivision (b) of Section 30519, or in an area in which two or more local governments have coastal development permit jurisdiction, or where a local coastal program amendment is required to implement the plan, the commission shall be responsible for coastal restoration plan review and shall conduct the review in the following manner. The commission shall review the coastal restoration plan for consistency with the policies and objectives of Division 20, as provided in subdivision (a), for an area subject to retained coastal development permit jurisdiction pursuant to subdivision (b) of Section 30519 and where a local coastal program amendment is required, and shall review the plan for consistency with certified local coastal programs for areas under local government coastal development permit jurisdiction.
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Section § 31208.5
When developing coastal restoration projects in the San Francisco Bay area, the conservancy must send the proposed plan to the bay commission to check if it matches the bay plan and, if applicable, the Suisun Marsh Protection Plan. The bay commission has 60 days to review and provide feedback. If the commission doesn't respond within this time, it means they agree with the proposed plan.
In the case of San Francisco Bay projects, the conservancy shall forward a proposed coastal restoration plan to the bay commission for determination of conformity with the bay plan, and, where relevant, with the Suisun Marsh Protection Plan. The bay commission shall have 60 days to review the plan and transmit its findings on such plan to the conservancy. If no comments are received within such period, the restoration plan shall be deemed to be in accord with the bay plan and, where relevant, the Suisun Marsh Protection Plan.
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Section § 31209
Once a restoration plan gets the green light under Section 31208, the conservancy informs the local public agency and gives them the go-ahead to carry out the necessary steps to make the plan happen.
Following approval of a restoration plan as provided in Section 31208, the conservancy shall so notify the local public agency and shall authorize the agency to proceed with actions required to implement the plan.
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Section § 31210
This law allows for the costs of parks, open spaces, or other public areas to be included in the expenses for coastal restoration projects. However, these facilities must be intended for use by the residents of the restoration area and should not represent a large portion of the total project cost. Additionally, expenses for public coastal access sites and scenic easements may be included if they are part of an approved coastal restoration plan.
Costs of providing parks, open space, or other public areas and facilities may be included as project costs within coastal restoration areas, if they are designed to serve the residents of the restoration area and do not constitute a disproportionate share of the total project cost. Costs of providing public coastal access sites and scenic easements serving the public may be permitted as project costs where such features are part of a coastal restoration plan approved as provided in Section 31208.
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Section § 31211
This law section states that when the conservancy, local public agencies, and nonprofit organizations carry out coastal restoration projects, they must follow the rules and regulations set in Division 24 of the Health and Safety Code.
The conservancy, local public agencies, and nonprofit organizations, in undertaking coastal restoration projects as provided in this chapter, shall be subject to the provisions of Division 24 (commencing with Section 33000) of the Health and Safety Code.
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Section § 31212
If any money is left over after a coastal restoration project is finished, it must be sent back to the state. This money will be held by the conservancy and can be used for future programs, but only when the Legislature decides to appropriate it.
Any funds over and above eligible project costs which remain after completion of a coastal restoration project as provided in this chapter shall be transmitted by the recipient to the state and deposited with the conservancy and shall be available for expenditure when appropriated by the Legislature for the purposes of funding the programs specified in this division.
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Section § 31213
If a local public agency can't or won't restore a certain area, the conservancy can take charge of the restoration or let a nonprofit do it. This can happen after they inform the local public agency and if there's an approved coastal restoration plan for the area.
Where a local public agency is unable or unwilling to undertake restoration of any area, the conservancy may undertake the restoration or authorize a nonprofit organization to do so after notification to the local public agency, if a coastal restoration plan for the area has been prepared by the conservancy and approved as provided in Section 31208.
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Section § 31213.5
For the San Francisco Bay, restoration projects can only start if a local public agency or the bay commission formally requests it. In Contra Costa County, only the local public agency in charge of the specific area can request restoration. Additionally, a restoration plan must be prepared and approved first.
In the case of San Francisco Bay, the conservancy may undertake restoration of an area only upon formal request by resolution of a local public agency or the bay commission, except that, with respect to lands within Contra Costa County, such restoration or other action may be undertaken only upon the formal request by resolution of the local public agency having jurisdiction over such lands; provided, however, that a restoration plan for the area has been prepared by the conservancy and approved in accordance with Section 31208.5.
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Section § 31214
Before starting a restoration project, the plan must be reviewed by the local public agency in charge of land use where the project is planned. The agency has 90 days to review and comment on the project. If the local agency or a suitable nonprofit agrees to handle the project and follows the restoration guidelines, they can take over the project under the regulations of this division.
A restoration plan prepared for a project to be carried out by the conservancy as provided in Section 31213, shall, before any lands are acquired or other implementation actions taken, be submitted to the local public agency which exercises land use regulation over the area of the proposed project. The local public agency shall have 90 days to review and comment on the proposed coastal restoration project. If, during that period, that local public agency or an appropriate nonprofit organization agrees to carry out the project within the guidelines established in the restoration plan, the conservancy may authorize the local public agency or nonprofit organization to carry out the restoration project, which shall then be subject to all provisions of this division.
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Section § 31215
If you want to start a restoration project, you have to make sure it's part of and financed by the state's Budget Act first.
Prior to undertaking any restoration project under the provisions of Section 31213, the project shall be included within, and funded under, the Budget Act.
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