The conservancy may award grants to public agencies and nonprofit organizations for the purpose of enhancement of coastal resources that, because of indiscriminate dredging or filling, improper location of improvements, natural or human-induced events, or incompatible land uses, have suffered loss of natural and scenic values. Grants under this chapter shall be utilized for the assembly of parcels of land within coastal resource enhancement areas to improve resource management, for relocation of improperly located or designed improvements, and for other corrective measures that will enhance the natural and scenic character of the areas. As provided in this chapter, the cost of acquisition of certain lands within coastal resource enhancement areas may be funded through the conservancy. Grants under this section may not be utilized as a method of acquisition of public park, wildlife, or natural areas, except as those uses may be incidental to a coastal resource enhancement project.
Chapter 6Coastal Resource Enhancement Projects
Section § 31251
This law allows the conservancy to give grants to public agencies and nonprofits to improve coastal areas that have been damaged by dredging, poor development decisions, natural disasters, or bad land use. These grants are intended to buy and manage land in coastal areas to better protect and restore them. The funds can also be used to move or fix badly planned structures and improve the natural beauty of these areas. However, the grants can't be used mainly to acquire land for public parks or wildlife areas unless these are part of a coastal enhancement project.
coastal resource enhancement grants public agencies nonprofit organizations dredging impact land use management conservancy funding natural disasters land parcel assembly relocation of improvements corrective measures scenic value restoration coastal area management environmental restoration
Section § 31251.2
This law section allows the conservancy to undertake projects or grant funds to improve coastal resources within a watershed that extends outside the coastal zone. Projects involving fish management need approval from the Department of Fish and Game.
Such projects must be requested by a local public agency overseeing the whole area if the project affects both inside and outside the coastal zone. Activities outside the coastal zone don't require commission review, but the commission and the Department of Fish and Game can still provide feedback to ensure alignment with overall coastal policies.
Funds from a specific section can't be used for activities outside the coastal zone, and this rule doesn't apply to the Santa Monica Mountains Zone.
(a)CA Public Resources Code § 31251.2(a) In order to enhance the natural or scenic character of coastal resources within the coastal zone, the conservancy may undertake a project or award a grant, consistent with subdivision (a) of Section 30200 and pursuant to this chapter, to enhance a watershed resource that is partly outside of the coastal zone. Any of these projects or grants which involve the management of fish shall be approved by the Department of Fish and Game.
Neither the conservancy nor any other state agency shall undertake a project affecting an area partly inside and partly outside the coastal zone under this chapter, except at the request of the local public agency or agencies having jurisdiction over the entire project area.
(b)CA Public Resources Code § 31251.2(b) Any enhancement activity carried out pursuant to this section shall not be subject to any commission review, as set forth in Section 31258, for that portion of the activity located outside the coastal zone. However, the commission through its executive director and the Department of Fish and Game may review and comment on the enhancement plan’s consistency with the policies and objectives of Division 20 (commencing with Section 30000).
(c)CA Public Resources Code § 31251.2(c) No funds set forth in subdivision (c) of Section 5096.151 of the Public Resources Code, shall be expended on enhancement activities that are outside the coastal zone.
(d)CA Public Resources Code § 31251.2(d) This section shall not apply to any portion of the Santa Monica Mountains Zone as set forth in Division 23 (commencing with Section 33000).
coastal zone enhancement watershed resource project fish management approval local public agency commission review exemption coastal policies alignment Santa Monica Mountains Zone Public Resources Code funding restrictions Department of Fish and Game feedback section 30200 compliance coastal resources project
Section § 31252
This law section explains that any area proposed for resource enhancement by state or local agencies, or nonprofits, must be identified in a local coastal plan or another commission-approved local plan as needing public action for resource protection. For San Francisco Bay, the area must be recognized in the bay plan or other plans approved by the bay commission.
All areas proposed for resource enhancement by a state agency, local public agency, or nonprofit organization shall be identified in a certified local coastal plan or program as requiring public action to resolve existing or potential resource protection 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.
resource enhancement local coastal plan public action resource protection San Francisco Bay bay plan Suisun Marsh Protection Plan nonprofit organization state agency local public agency commission approval Division 20 compliance coastal area management potential resource problems environmental planning
Section § 31253
This law states that a conservancy can fund up to the entire cost of a coastal resource enhancement project. This includes the portion that is usually covered by state or local funds in federally supported projects. The decision on how much funding is provided depends on the total funds available, the applicant's financial situation, how urgent the project is compared to others, and other factors set by the conservancy to determine which projects get priority.
The conservancy may provide up to the total of the cost of any coastal resource enhancement project, including the state or local share of federally supported projects. The amount of funding provided by the conservancy shall be determined by the total amount of funding available for coastal resource enhancement projects, the fiscal resources of the applicant, the urgency of the project relative to other eligible coastal resource enhancement projects, 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 § 31254
This law section mandates that the conservancy should seek help from the commission, local agencies, nonprofit organizations, and other groups to create guidelines for evaluating and prioritizing projects that enhance coastal resources. After gathering input and allowing public review and feedback, the conservancy will set the official guidelines and criteria for managing 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 resource enhancement 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 § 31255
This law allows state agencies, local public agencies, and nonprofit organizations to propose projects that aim to enhance coastal resources. These proposals are submitted to the conservancy following certain procedures.
In accordance with procedures adopted by the conservancy, state agencies, local public agencies, and nonprofit organizations may submit proposed coastal resource enhancement projects for consideration by the conservancy.
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Section § 31255.1
This law allows the conservancy to secure the right to buy property related to an enhancement project, as long as the Legislature provides funds for it. However, they can't spend more than $600,000 on this option to acquire the property.
Notwithstanding any other provision of law, the conservancy may enter into an option to acquire an interest in real property in connection with an enhancement 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 § 31257
This law allows the conservancy to fund up to $300,000 for developing plans aimed at enhancing coastal resources.
In connection with proposed coastal resource enhancement projects, the conservancy may fund up to three hundred thousand dollars ($300,000) of the cost of preparing coastal resource enhancement plans.
coastal resource enhancement funding limits conservancy funding resource enhancement plans project funding cost preparation environmental planning coastal projects enhancement project costs plan development funding
Section § 31258
This law outlines the review process for coastal resource enhancement plans in California. After a plan is completed, it is sent to the appropriate authority for review. If the commission is overseeing the review, they have 60 days to ensure the plan aligns with existing coastal policies. If no response is received within this time, the plan is automatically approved. In cases where a local coastal program is certified, the local jurisdiction will review the plan if it doesn't require changes to existing programs or cross jurisdictional boundaries, and it's entirely within one agency's control. If the plan involves multiple jurisdictions or requires program amendments, the commission retains review authority.
(a)CA Public Resources Code § 31258(a) Following the completion of a coastal resource enhancement plan, the conservancy shall forward the 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 the plan to the conservancy. If no comments are received within the period, the restoration plan shall be deemed to be in accord with Division 20 (commencing with Section 30000).
(b)Copy CA Public Resources Code § 31258(b)
(1)Copy CA Public Resources Code § 31258(b)(1) Following the certification of a local coastal program, the city, county, or city and county with jurisdiction over the certified area, rather than the commission, shall review the coastal resource enhancement plan if all of the following circumstances apply:
(A)CA Public Resources Code § 31258(b)(1)(A) The proposed enhancement plan will be implemented entirely within one local public agency’s jurisdiction.
(B)CA Public Resources Code § 31258(b)(1)(B) The area proposed for enhancement is identified pursuant to Section 31251.
(C)CA Public Resources Code § 31258(b)(1)(C) Implementation of the enhancement plan does not require an amendment to the certified local coastal program.
(2)CA Public Resources Code § 31258(b)(2) The local public agency shall review the enhancement 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.
(c)CA Public Resources Code § 31258(c) If the enhancement 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, in which two or more local governments have jurisdiction, or where a local coastal program amendment is required to implement the plan, the commission shall be responsible for enhancement plan review and shall conduct the review in the following manner. The commission shall review the enhancement plan for consistency with the policies and objectives of Division 20 (commencing with Section 30000), as provided in subdivision (a), for the 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.
coastal resource enhancement plan conservancy commission local coastal program jurisdiction coastal policies certified local program local public agency plan review Section 31251 coastal development permit local government Division 20 consistency determination plan implementation
Section § 31258.5
This law section explains the process for San Francisco Bay projects involving the conservancy's coastal resource enhancement plan. The plan must be sent to the bay commission to check if it aligns with the bay plan and Suisun Marsh Protection Plan, if relevant. The commission has 60 days to review the plan and provide feedback. If there are no comments within that timeframe, the plan is assumed to comply with the necessary guidelines.
In the case of San Francisco Bay projects, the conservancy shall forward a coastal resource enhancement 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 resource enhancement 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 § 31259
Once a resource enhancement plan is reviewed and approved, the conservancy must inform the relevant agency and give them the green light to start carrying out the plan's actions.
Following review and approval of a resource enhancement plan as provided in Section 31258, the conservancy shall so notify the agency and shall authorize the agency to proceed with actions required to implement the plan.
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Section § 31260
This law allows the conservancy to pay for buying land if it's part of a project aimed at improving coastal resources.
As part of an approved coastal resource enhancement project, the conservancy may fund the costs of land acquisition.
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Section § 31261
This law states that private development projects can take place in areas designed for enhancing coastal resources, but only if these projects align with the main goals of protecting and improving the coastal zone.
Private development may be permitted within the area of the coastal resource enhancement projects, where such development is compatible with the primary objectives of resource protection and enhancement of the coastal zone.
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Section § 31262
After a resource enhancement project is completed, any leftover money that exceeds the project's costs must be sent to the state. This money is then held by the conservancy and can only be spent if the Legislature decides to allocate it for specific programs.
Any funds over and above eligible project costs which remain after completion of a resource enhancement project as provided in this chapter shall be transmitted to the state and be 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.
resource enhancement project excess funds state deposit conservancy Legislature allocation program funding eligible project costs funds appropriation conservancy funds project completion funds
Section § 31263
This law states that if a local or state agency can't or doesn't want to improve a declining area, the conservancy can step in to enhance the coastal resources or allow a nonprofit to do so. This can only happen after the local agency is informed, and there's an approved enhancement plan for the area.
If a local public agency or state agency is unable or unwilling to undertake improvement of a deteriorating area, the conservancy may undertake the coastal resource enhancement or authorize a nonprofit organization to do so after notification to the local public agency, if a coastal resource enhancement plan for the area has been prepared by the conservancy and approved as provided in Section 31258.
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Section § 31263.5
This section details when the conservancy can improve resources in the San Francisco Bay area. Primarily, they need a formal request from a local public agency or the bay commission. In Contra Costa County, only the agency that oversees the land can make the request. However, improvements can only occur if there's a pre-approved resource enhancement plan.
In the case of San Francisco Bay, the conservancy may undertake resource enhancement 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 resource enhancement 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 resource enhancement plan has been prepared and approved as provided in Section 31258.5.
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Section § 31264
This law states that before any land can be acquired or projects are started by the conservancy under a resource enhancement plan, that plan must be presented to the local and state agencies that oversee land use and resource management in the area. These agencies have 90 days to review and comment on the plan. If the local agency, a nonprofit organization, or the state agency agrees to carry out the project according to the plan's guidelines, the conservancy can authorize them to do so, in compliance with the law's requirements.
A resource enhancement plan prepared for a project to be carried out directly by the conservancy as provided in Section 31263, 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 and to any state agency which exercises resource management responsibility in the project area. The local public agency and state agency shall have 90 days to review and comment on the proposed coastal resource enhancement project. If, during that period that local public agency, a nonprofit organization, or the state agency agrees to carry out the project within the guidelines established in the resource enhancement plan, the conservancy may authorize the local public agency, a nonprofit organization, or the state agency to carry out the project, which shall then be subject to all provisions of this division.
resource enhancement plan local public agency state agency land use regulation resource management responsibility coastal resource enhancement project authorization implementation actions nonprofit organization conservancy project comment period project guidelines
Section § 31265
Before starting any resource enhancement project according to Section 31263, it must be part of and receive funding through the Budget Act.
Prior to undertaking any resource enhancement project under the provisions of Section 31263, the project shall be included within, and funded under, the Budget Act.
resource enhancement project Section 31263 Budget Act funding pre-project requirements government budgeting project inclusion public projects budget approval funding conditions California projects state budget resource management public funds enhancement projects budgetary provisions
Section § 31270
This law allows the conservancy to carry out a project to improve coastal resources in San Diego at a specific area called Famosa Slough. The project can happen despite usual geographic restrictions.
Notwithstanding the geographic limitations of this division or Division 20 (commencing with Section 30000), the conservancy may undertake a coastal resource enhancement project in the City of San Diego, within the area known as Famosa Slough and bounded by West Point Loma Boulevard and the seaward side of the right-of-way of Famosa Boulevard and the seaward side of the right-of-way of Adrian Street.
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