The Legislature finds and declares that it is the policy of the state that the right of the public to access and enjoyment of the coastal resources should be effectively guaranteed. To achieve such objective, it is the intent of the Legislature that the State Coastal Conservancy have a principal role in the implementation of a system of public accessways to and along the state’s coastline, including San Francisco Bay and Suisun Marsh.
Chapter 9System of Public Accessways
Section § 31400
This law emphasizes that the public should have guaranteed access to enjoy California's coastal resources, such as beaches and marshes. To make this happen, a state agency called the State Coastal Conservancy is tasked with leading efforts to develop and manage paths and entry points along the coast, including areas like San Francisco Bay and Suisun Marsh.
public access coastal resources State Coastal Conservancy public accessways California coastline San Francisco Bay Suisun Marsh coastal access policy coastal enjoyment public enjoyment coastline access California beaches coastal conservation implementation access to coastline
Section § 31400.1
This law allows the conservancy to give grants to public agencies or nonprofits to acquire or manage land for public access to the coast. However, local agencies can only receive these grants if the coastal access benefits people beyond just the local community.
The conservancy may award grants to any public agency or nonprofit organization to acquire land, or any interest therein, or to develop, operate, or manage lands for public access purposes to and along the coast. No grants may be awarded to any local agency unless the conservancy has first determined that the subject accessway will serve more than local public needs.
conservancy grants public access coastal land land acquisition nonprofit organizations public agencies local agency restrictions coastal access projects community benefit land management public needs assessment grant eligibility coast access development land interest acquisition coastal management
Section § 31400.2
This law allows a conservancy, which is an organization that works to preserve land, to finance the complete cost of buying land interests and developing public accessways. These can be projects by either public agencies or nonprofit organizations. How much money is provided depends on factors such as available funds, financial strength of the applicant, how urgent the project is compared to others, and any criteria set by the conservancy to decide what projects are eligible and prioritized.
The conservancy may provide up to the total cost of the acquisition of interests in lands and the initial development of public accessways by any public agency or nonprofit organization, as provided in Section 31400.1. The amount of funding provided by the conservancy shall be determined by the total amount of funding available for coastal public accessway projects, the fiscal resources of the applicant, the urgency of the project relative to other eligible projects, and the application of factors prescribed by the conservancy for the purpose of determining project eligibility and priority in order to more effectively carry out the provisions of the division.
conservancy funding land acquisition public accessways nonprofit projects public agency projects coastal public access funding determination project eligibility project urgency fiscal resources coastal projects land preservation development funding funding availability priority setting
Section § 31400.3
This law allows the conservancy to help public agencies and nonprofit organizations create and manage pathways for public access to the coast. The aim is to support the goals of having accessible coastal areas.
The conservancy may provide such assistance as is required to aid public agencies and nonprofit organizations in establishing a system of public coastal accessways, and related functions necessary to meet the objectives of this division.
coastal accessways public coastal access conservancy assistance nonprofit organizations public agencies establishing pathways coastal access system public access support coastal management access objective environmental assistance coastal pathways conservancy support accessibility goals coastal area access
Section § 31401
This section requires the conservancy to create and adopt guidelines for state and local public agencies, as well as federal agencies when allowed, to help them access and develop ways for the public to reach coastal areas. These guidelines should be part of a broader public access network along California’s coast, which will also be included in the state's Outdoor Recreation Resources Plan.
The conservancy shall develop and adopt standards to guide state and local public agencies and federal agencies to the extent permitted by federal law or regulations or the United States Constitution in acquiring and developing public access to coastal resources. Such standards shall be incorporated within an integrated system of public accessways to and along the state’s coastline which shall become an element of the California Outdoor Recreation Resources Plan required by Section 5099.2.
coastal access public access standards state agencies local agencies federal agencies coastline development public accessways California Outdoor Recreation Resources Plan coastal resources integrated system
Section § 31402
This section allows state agencies to buy land or interests in land to ensure public pathways are available along the coast. These agencies can also develop and maintain these areas to provide access to important coastal resources.
In order to assure that an adequate system of public accessways is provided along the entire coastline, the department or the conservancy may acquire fee title or lesser interests in areas required for public access to significant coastal resources. The department may develop and maintain such areas.
public accessways coastline access coastal resources land acquisition fee title state agencies Conservancy public pathways development and maintenance coastal areas public access department responsibilities coastal land land interests public access to coast
Section § 31402.1
This law is about encouraging the timely acceptance of property offers that help provide public access to the coastline in California. The law emphasizes the importance of preventing the loss of pathways to the state's beaches and shorelines. It states that it's in the state's best interest to accept property offers that preserve open spaces or enhance public access to beaches and tidelands. These property offers are not considered gifts or acquisitions but are necessary steps for development aligned with coastal policies.
(a)CA Public Resources Code § 31402.1(a) It is the intent of the Legislature to provide for timely acceptance of offers to dedicate interests in property, recorded pursuant to Division 20 (commencing with Section 30000) and needed to provide public access to and along the ocean shoreline.
(b)CA Public Resources Code § 31402.1(b) The Legislature finds and declares all of the following:
(1)CA Public Resources Code § 31402.1(b)(1) In order to prevent the potential loss of public accessways to and along the state’s coastline, it is in the best interest of the state to accept all offers to dedicate real property that protect open space or have the potential to provide access to public tidelands, including any beach, shoreline, or view area, or that provide a connection to other easements or public properties providing this access.
(2)CA Public Resources Code § 31402.1(b)(2) Offers to dedicate interests in property that are required and recorded pursuant to Division 20 (commencing with Section 30000) provide mitigation necessary for approved development to occur consistent with the policies and objectives of that division and are not gifts to the state or acquisitions of property interests within the meaning of Section 31105.
public access coastline beach pathways ocean shoreline property offers open space tidelands real property dedication coastal development public easements property mitigation accessibility shoreline view Division 20 land conservation
Section § 31402.2
This law requires the conservancy to accept any offers to dedicate a public accessway if no public agency or nonprofit organization takes it up within 90 days after the offer expires.
The conservancy shall accept any outstanding offer to dedicate a public accessway, described in Section 31402.1, that has not been accepted by another public agency or nonprofit organization within 90 days of its expiration date.
conservancy public accessway dedication offer nonprofit organization public agency 90-day acceptance expiration date offer acceptance public access dedication acceptance
Section § 31402.3
This law mandates that, as long as there are funds available, the State Coastal Conservancy must open at least three public accessways to the coast each year, either directly or through grants to other groups. The conservancy can transfer access rights to public agencies or nonprofits for them to manage or use, but can reclaim these rights if necessary. Nonprofits must prove they are tax-exempt, submit a management plan, and allow the conservancy to reclaim access rights if they don't manage them properly. Any developments on accessways require conservancy approval, and no general state funds can be used for these purposes.
(a)CA Public Resources Code § 31402.3(a) To the extent that funds are available in the Coastal Access Account in the State Coastal Conservancy Fund, the conservancy shall open at least three public accessways each year either directly or by awarding grants to public agencies or nonprofit organizations.
(b)CA Public Resources Code § 31402.3(b) The conservancy may transfer public access easements or other less-than-fee interests in property to an appropriate public agency or nonprofit organization for development, management, or public use, or may enter into agreements with public agencies and nonprofit organizations for the development, management, or public use of the accessway. Transfer under this section is not subject to approval by the Department of General Services pursuant to Section 11005.2 of the Government Code. The conservancy shall retain the right to reclaim the easements or other interests in the event that the public agency or nonprofit organization ceases to exist, is no longer able to manage the accessway, or violates the terms of the agreement.
(c)CA Public Resources Code § 31402.3(c) Before a nonprofit organization may accept an offer to dedicate an interest in real property under Division 20 (commencing with Section 30000), the nonprofit organization shall do all of the following:
(1)CA Public Resources Code § 31402.3(c)(1) Submit satisfactory proof to the executive director of the commission that the nonprofit organization has been approved as a tax exempt public benefit corporation under Section 501(c)(3) of the Internal Revenue Code, and has filed a Form 990 with the Internal Revenue Service.
(2)CA Public Resources Code § 31402.3(c)(2) Submit a management plan to the executive director of the commission and the executive officer of the conservancy that describes the nonprofit organization’s planned management and operation of the interest.
(3)CA Public Resources Code § 31402.3(c)(3) Grant a right of entry that permits the conservancy to reclaim or assign the interest to another public agency or nonprofit organization, if the conservancy and the commission determine that the nonprofit organization is not managing or operating the interest consistent with the management plan developed pursuant to paragraph (2).
(d)CA Public Resources Code § 31402.3(d) A public accessway accepted pursuant to Section 31402.2 may not be developed, improved, or formally opened for public use until its transfer, development, or public use has been authorized by the conservancy.
(e)CA Public Resources Code § 31402.3(e) The conservancy may not use moneys appropriated from the General Fund for the purposes of this section.
Coastal Access Account State Coastal Conservancy Fund public accessways public agencies nonprofit organizations transfer access rights public use management agreements tax-exempt nonprofit Form 990 management plan reclaim access rights authorization of development non-use of General Fund
Section § 31403
This law states that the department or conservancy cannot use eminent domain to acquire a public access site without the Legislature's approval during their yearly budget approval process.
The department or the conservancy may not acquire any public access site under the power of eminent domain unless such acquisition is approved by the Legislature as part of its annual approval of the Budget Act.
public access site acquisition eminent domain restriction legislature approval budget act approval conservancy restrictions department powers land acquisition limitations government land acquisition public land use budgetary oversight eminent domain exception annual legislative approval land access approval government property rights public site development
Section § 31404
If a local public agency cannot or does not want to take ownership of land needed for public access to the coast, the state department or conservancy can take ownership instead. However, they're not required to open that area to the public if the costs are too high compared to the benefits. They'll try to find local agencies or nonprofits willing to handle maintenance and liability for access areas not in the state park system. They can lease access sites to such organizations as long as they ensure public access to the coast continues.
When another local public agency is unable or unwilling to take title to an area required for public access to and along the coastline, the department or the conservancy may accept title to such an area. The department or the conservancy, however, shall not be required to open any area for public use when, in its estimation, the benefits of public use would be outweighed by the costs of development and maintenance. The department or the conservancy shall make a determined effort to identify local public agencies and nonprofit organizations which will accept responsibility for maintenance and liability for public accessways which are located outside of the state park system. The department or the conservancy may lease any public access site to a public agency or nonprofit organization; provided, however, that the conditions of such transfer guarantee public use of the site for access to coastal resources.
public access coastline access ownership transfer maintenance responsibility local public agency conservancy state department cost-benefit analysis nonprofit organizations public use lease agreements coastal resources access site leasing liability responsibilities
Section § 31405
This law allows the department or the conservancy to accept funds from public agencies or nonprofits to help improve public access to the coast. The money collected must only be used to buy, develop, or maintain paths for the public to reach the coastline. Ideally, the money should be used in the area where it was collected, especially if that area lacks sufficient access to the beach or coast. The department or conservancy can also give these funds to local agencies or nonprofits to help with acquiring land to improve coastal access.
The department or the conservancy may accept, from any public agency or nonprofit organization, fees collected for purposes of providing public access to coastal resources. Any funds collected from such source shall be expended by the department or the conservancy for the sole purpose of acquisition, development, and maintenance of public accessways to the coastline. To the maximum extent possible, such fees shall be expended in the general area where they are collected or in areas where public access to and along the coastline is clearly deficient. The department or the conservancy may transfer funds, including such fees, to a local public agency or nonprofit organization for the purposes of acquisition of sites for public access to and along the coastline.
coastline access public accessways fund allocation coastal resources nonprofit organization funds public agency fees development of access maintenance of coastline local public agency acquisition of sites beach access coastline deficiency transfer of funds coastal development public access improvement
Section § 31406
This law allows a government agency, known as the conservancy, to make agreements to buy property for projects that improve public access, provided there is funding from the state government. However, the initial cost for such an agreement can't 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 public access 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).
conservancy public access project real property option to acquire interest in property funding appropriation property acquisition conservancy project government funding state appropriations property cost limit real estate option public project funding public property access state funding limits
Section § 31408
This law section explains that the conservancy is responsible for working with various state departments, like Parks and Recreation, to develop the California Coastal Trail. These departments must cooperate with the conservancy by helping plan, make land available, construct trail parts, put up signs, and manage the trail, as much as they can within their own rules and responsibilities.
(a)CA Public Resources Code § 31408(a) The conservancy shall, in consultation with the Department of Parks and Recreation, the California Coastal Commission, and the Department of Transportation, coordinate the development of the California Coastal Trail.
(b)CA Public Resources Code § 31408(b) To the extent feasible, and consistent with their individual mandates, each agency, board, department, or commission of the state with property interests or regulatory authority in coastal areas shall cooperate with the conservancy with respect to planning and making lands available for completion of the trail, including constructing trail links, placing signs, and managing the trail.
California Coastal Trail conservancy Department of Parks and Recreation California Coastal Commission Department of Transportation trail development property interests regulatory authority coastal areas trail links trail signs trail management inter-agency cooperation land availability trail planning
Section § 31409
This law allows the conservancy to give financial support and help to public agencies and nonprofits for developing and expanding inland trail systems. These trails should be able to connect to the California Coastal Trail, enhancing public access to the coastline.
Consistent with the conservancy’s authority under this chapter to develop a system of public accessways to, and along, the state’s coastline, the conservancy may award grants and provide assistance to public agencies and nonprofit organizations to establish and expand those inland trail systems that may be linked to the California Coastal Trail.
public accessways coastline access grants inland trail systems California Coastal Trail public agencies assistance nonprofit organizations trail development funding trail expansion coastal conservancy trail connectivity public trail systems coastal access projects trail system grants community trail access
Section § 31410
This law designates a portion of the Ma-le’l Dunes in Humboldt County, part of the California Coastal Trail, as the Senator Wesley Chesbro Coastal Trail. This designation will be recognized with signage after Wesley Chesbro leaves the Legislature or after January 1, 2009, whichever is later. The signage will be funded by those who request it, and all publications about the trail must be updated to reflect this new designation.
(a)CA Public Resources Code § 31410(a) That portion of the Ma-le’l Dunes in Humboldt County that is part of the California Coastal Trail and is under the jurisdiction of the conservancy is hereby designated and shall be known as the Senator Wesley Chesbro Coastal Trail.
(b)CA Public Resources Code § 31410(b) After the date on which Wesley Chesbro ceases his service in the Legislature or on January 1, 2009, whichever occurs later, the conservancy shall erect appropriate signage, upon receipt of funding as described in subdivision (c), to reflect the designation made by this section and shall cause all directories and other publications concerning the California Coastal Trail to reflect the designation as the publications are periodically revised.
(c)CA Public Resources Code § 31410(c) The costs of the signage shall be funded by parties who request the conservancy to erect that signage pursuant to this section.
Ma-le’l Dunes Humboldt County California Coastal Trail Senator Wesley Chesbro coastal trail signage conservancy jurisdiction trail designation signage funding trail directories publications update
