This chapter shall be known and may be cited as the California Wilderness Act.
Chapter 1.3California Wilderness Preservation System
Section § 5093.30
This section states that the official title for this chapter of law is the California Wilderness Act.
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Section § 5093.31
This California law is about protecting state-owned lands by preserving some areas in their natural state. As the population grows and more land is developed, the state aims to ensure that some wilderness areas remain untouched for the enjoyment and benefit of both current and future generations.
In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas on state-owned lands within California, leaving no areas designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the State of California to secure for present and future generations the benefits of an enduring resource of wilderness.
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Section § 5093.32
This section defines key terms related to the management of wilderness areas in California. "Minimum management requirements" are the basic actions needed to manage these areas. The "minimum tool" is the least intrusive method to meet those requirements. A "roadless area" is undeveloped land without roads for motorized vehicles and similar to wilderness areas. "Secretary" refers to the head of the Resources Agency, and "system" is the California wilderness preservation system. "Wilderness areas" are parts of this system described in specific sections of the law.
As used in this chapter:
(a)CA Public Resources Code § 5093.32(a) “Minimum management requirements” means the minimum wilderness management actions that are necessary to administer a wilderness area for the purpose of this chapter.
(b)CA Public Resources Code § 5093.32(b) “Minimum tool” means the least intrusive tool, equipment, device, regulation, action, or practice that will achieve the minimum management requirements.
(c)CA Public Resources Code § 5093.32(c) “Roadless area” means a reasonably compact area of undeveloped land that possesses the general characteristics of a wilderness, as described in subdivision (c) of Section 5093.33, and within which there is no improved road that is suitable for public travel by motorized vehicles intended primarily for highway use.
(d)CA Public Resources Code § 5093.32(d) “Secretary” means the Secretary of the Resources Agency.
(e)CA Public Resources Code § 5093.32(e) “System” means the California wilderness preservation system.
(f)CA Public Resources Code § 5093.32(f) “Wilderness areas” means component areas of the system as described in Section 5093.33, 5093.34, or 5093.345.
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Section § 5093.33
This law establishes the California wilderness preservation system, consisting of state-owned areas designated by the Legislature as 'wilderness areas' and state park units classified as 'state wildernesses.' These areas are preserved for public enjoyment and must remain unimpaired, protecting their natural wilderness state. Although included in the preservation system, each wilderness area remains under the jurisdiction of the state agency responsible for it before its designation. The responsible agencies must adopt management regulations in line with guidelines from the state's secretary, ensuring endangered or rare species are protected.
A wilderness area is defined as land undisturbed by human influence, allowing for solitude and primitive recreation. Such areas should appear primarily influenced by natural forces, cover at least 5,000 acres, and may contain features of scientific, educational, scenic, or historical value.
(a)CA Public Resources Code § 5093.33(a) There is hereby established a California wilderness preservation system to be composed of state-owned areas designated by the Legislature as “wilderness areas” and units of the state park system classified as “state wildernesses” by the State Park and Recreation Commission pursuant to Article 1.7 (commencing with Section 5019.50) of Chapter 1, and these shall be administered for the use and enjoyment of the people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, provide for the protection of such areas, preserve their wilderness character, and provide for the gathering and dissemination of information regarding their use and enjoyment as wilderness. No state-owned areas shall be designated as “wilderness areas” except as provided for in this chapter or by subsequent legislative enactment.
(b)CA Public Resources Code § 5093.33(b) Notwithstanding the inclusion of an area within the system, a wilderness area shall continue to be subject to the jurisdiction of the state agency or agencies having jurisdiction thereover immediately prior to its inclusion in the system. The secretary shall adopt guidelines for the management of wilderness areas. Each state agency or agencies having jurisdiction over a wilderness area shall adopt regulations for the management of such areas consistent with the guidelines adopted by the secretary and the objectives of this chapter. Such regulations shall include provisions to protect endangered or rare native plant and animal species.
(c)CA Public Resources Code § 5093.33(c) A wilderness area, in contrast to those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. A wilderness area is further defined to mean an area of relatively undeveloped state-owned land which has retained its primeval character and influence or has been substantially restored to a near natural appearance, without permanent improvements or human habitation, other than semi-improved campgrounds and primitive latrines, and which is protected and managed so as to preserve its natural conditions and which:
(1)CA Public Resources Code § 5093.33(c)(1) Appears generally to have been affected primarily by the forces of nature, with the imprint of man’s work substantially unnoticeable.
(2)CA Public Resources Code § 5093.33(c)(2) Has outstanding opportunities for solitude or a primitive and unconfined type of recreation.
(3)CA Public Resources Code § 5093.33(c)(3) Has at least 5,000 acres of land, either by itself or in combination with contiguous areas possessing wilderness characteristics, or is of sufficient size as to make practicable its preservation and use in an unimpaired condition.
(4)CA Public Resources Code § 5093.33(c)(4) May also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.
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Section § 5093.34
This law designates specific areas in California as parts of a protected system called wilderness areas.
It specifically names sections of the Santa Rosa Mountains, Mount San Jacinto, and Sinkyone Wilderness as protected. In addition to these areas, it lists several school lands in Monterey, Santa Barbara, Siskiyou, and Tehama counties to join the system unless they are swapped with the federal government by a specified date.
If such land exchanges with the federal government occur, then the exchanged land will become part of the national wilderness preservation system, and the original parcels would no longer be in the state system.
(a)CA Public Resources Code § 5093.34(a) The following areas are hereby designated as components of the system:
(1)CA Public Resources Code § 5093.34(a)(1) Santa Rosa Mountains State Wilderness, consisting of that portion of Anza-Borrego Desert State Park in San Diego County within the area encompassed by Townships 9 and 10 South and Ranges 4, 5, 6, 7, and 8 East, San Bernardino Base and Meridian, except that the State Park and Recreation Commission shall establish the precise boundary.
(2)CA Public Resources Code § 5093.34(a)(2) Mount San Jacinto State Wilderness in Mount San Jacinto State Park in Riverside County consisting of approximately 9,800 acres and including all of Sections 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30, and 31, Township 4 South, Range 3 East, and all of Section 6, Township 5 South, Range 3 East, except the SW 1/4 NW 1/4, NW 1/4 SW 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4, and SE 1/4 SE 1/4, San Bernardino Base and Meridian.
(3)CA Public Resources Code § 5093.34(a)(3) The land in the Sinkyone Wilderness State Park after the exchanges of land provided for in Section 6 of the act amending this section at the 1979–80 Regular Session of the Legislature, effective upon approval of a general plan for the area by the State Park and Recreation Commission, as required by Section 5002.45.
(b)CA Public Resources Code § 5093.34(b) The following state school lands, currently under the jurisdiction of the State Lands Commission, shall become components of the system on January 1, 1977, unless exchanged with the federal government for other lands pursuant to existing law prior to that date:
(1)CA Public Resources Code § 5093.34(b)(1) Approximately 640 acres in Monterey County within the Ventana Wilderness, consisting of Section 16, Township 19 South, Range 2 East, Mount Diablo Base and Meridian.
(2)CA Public Resources Code § 5093.34(b)(2) Approximately 40 acres in Monterey County within the Ventana Wilderness, consisting of the NE 1/4 NE 1/4 of Section 36, Township 19 South, Range 3 East, Mount Diablo Base and Meridian.
(3)CA Public Resources Code § 5093.34(b)(3) Approximately 80 acres in Monterey County within the Ventana Wilderness, consisting of the SE 1/4 NW 1/4 and the SW 1/4 NE 1/4 of Section 36, Township 19 South, Range 2 East, Mount Diablo Base and Meridian.
(4)CA Public Resources Code § 5093.34(b)(4) Approximately 40 acres in Santa Barbara County within the San Rafael Wilderness, consisting of the SE 1/4 NW 1/4 of Section 16, Township 7 North, Range 27 West, San Bernardino Base and Meridian.
(5)CA Public Resources Code § 5093.34(b)(5) Approximately 80 acres in Siskiyou County within the Marble Mountain Wilderness, consisting of the E 1/2 and the NW 1/4 of Section 16, Township 41 North, Range 12 West, Mount Diablo Base and Meridian.
(6)CA Public Resources Code § 5093.34(b)(6) Approximately 640 acres in Tehama County within the Yolla Bolla Middle Eel Wilderness, consisting of Section 36, Township 27 North, Range 10 West, Mount Diablo Base and Meridian.
Nothing herein shall preclude the State Lands Commission from effecting exchanges of any such land described in subdivision (b) with the federal government on or after January 1, 1977, for the purpose of including the exchanged land in the national wilderness preservation system. Upon completion of any such exchange, any such land described in subdivision (b) shall no longer be part of the system.
Santa Rosa Mountains Wilderness Mount San Jacinto Wilderness Sinkyone Wilderness State Park Ventana Wilderness San Rafael Wilderness Marble Mountain Wilderness Yolla Bolla Middle Eel Wilderness state school lands State Park and Recreation Commission State Lands Commission land exchange national wilderness preservation system
Section § 5093.345
This law designates about 413 acres of Limekiln State Park as a wilderness area, meaning it's protected as part of a natural preservation system. However, the California Coastal Trail can still traverse this area, even with its wilderness designation. The park officials have the authority to manage natural threats like fires, diseases, and insect infestations.
(a)CA Public Resources Code § 5093.345(a) Limekiln State Wilderness, comprised of approximately 413 acres of Limekiln State Park as generally depicted on a map entitled “Limekiln State Park Wilderness” dated August 29, 2008, and filed with the Secretary of State and transmitted to the secretary, is hereby designated as a component of the system. The department may take measures to control fire, diseases, and insects as provided in subdivision (c) of Section 5093.36.
(b)CA Public Resources Code § 5093.345(b) Notwithstanding any other provision of this chapter, the California Coastal Trail, as specified in Section 31408, may be located, designed, constructed, or operated within the Limekiln State Wilderness.
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Section § 5093.35
This law section requires the secretary and the State Lands Commission to review state-owned roadless areas to determine if they are suitable for becoming state wilderness areas. They must report their recommendations to the Legislature. This review includes state parks, forests, wildlife refuges, and other designated areas, but excludes submerged lands below the high tide line.
They also need to assess areas adjacent to federal wilderness areas designated after 1975 or new state-owned lands acquired after 1975. Before recommending any area as a wilderness area, they must notify the public and relevant government bodies, hold hearings, and consider submitted views. Changes to wilderness area boundaries must also be deliberated publicly before recommendations are made. Existing state agency authority over roadless areas remains unchanged, and privately owned lands do not affect the review process.
(a)CA Public Resources Code § 5093.35(a) The secretary, in cooperation with each department within the Resources Agency, shall review state-owned roadless areas under his or her jurisdiction as of January 1, 1975, including, but not limited to, lands within the state park system, state forests, and fish and game refuges, reserves, sanctuaries, and other areas designated for the protection of wildlife, but not including tide and submerged lands lying below the mean high tide line, and shall report to the Legislature his or her recommendations as to the suitability or nonsuitability of each area for preservation as state wilderness.
(b)CA Public Resources Code § 5093.35(b) The State Lands Commission shall review state-owned roadless areas under its jurisdiction that have been identified as possessing significant environmental values pursuant to Section 6370.2, and shall report to the Legislature its recommendations as to the suitability or nonsuitability of each area for preservation as wilderness.
(c)CA Public Resources Code § 5093.35(c) Additional reviews and reports as to suitability or nonsuitability for preservation as wilderness shall be made by the secretary and the State Lands Commission for the following areas:
(1)CA Public Resources Code § 5093.35(c)(1) State-owned roadless areas under their respective jurisdictions and within or contiguous to federal wilderness areas designated by the Congress after January 1, 1975, within one year after the designation.
(2)CA Public Resources Code § 5093.35(c)(2) State-owned roadless areas under their respective jurisdictions that are acquired after January 1, 1975, within three years of the acquisition.
(d)CA Public Resources Code § 5093.35(d) The secretary and the State Lands Commission, prior to submitting recommendations with respect to the suitability of an area for preservation as a wilderness area, shall:
(1)CA Public Resources Code § 5093.35(d)(1) Give public notice of the proposed action as deemed appropriate, including publication in one or more newspapers of general circulation in each county within which the affected area is located, and mailed to every person who has filed a request for notice of hearing. If the notice of hearing is published in a weekly newspaper, it must appear therein on at least two different days of publication, and, if in a newspaper published more often, there must be at least five days from the first to the last day of publication, both days included. The content of the notice of hearing shall substantially comply with the requirements of Section 11346.5 of the Government Code.
(2)CA Public Resources Code § 5093.35(d)(2) Hold a public hearing or hearings in the City of San Diego, City of Los Angeles, City and County of San Francisco, or City of Sacramento, whichever is closest to the area affected, not less than 30 days, nor more than 60 days, after the last date of publication of the notice. The hearing shall be conducted in the manner specified in Section 11346.8 of the Government Code.
(3)CA Public Resources Code § 5093.35(d)(3) Advise, at least 30 days before the date of a hearing, the board of supervisors of each county where the lands are located, and federal, state, and local agencies concerned, and invite those officials and agencies to submit their views on the proposed action at the hearing or within a specified period thereafter.
(e)CA Public Resources Code § 5093.35(e) A view submitted under the provisions of subdivision (d) with respect to an area shall be included with recommendations to the Legislature with respect to that area.
(f)CA Public Resources Code § 5093.35(f) A modification or adjustment of boundaries of a wilderness area designated by the Legislature shall be recommended to the Legislature by the secretary or the State Lands Commission after public notice of the proposal and public hearing or hearings as provided in subdivision (d).
(g)CA Public Resources Code § 5093.35(g) Nothing contained in this section shall be construed to lessen the present statutory authority of a state agency with respect to the maintenance of roadless areas.
(h)CA Public Resources Code § 5093.35(h) Privately owned areas within or contiguous to state-owned areas shall not preclude the review of the state-owned areas as provided in this section.
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Section § 5093.36
This law section outlines the responsibilities of state agencies to preserve the wilderness character of designated areas. It largely prevents commercial activity, roads, and mechanical transport within these areas, except in emergencies or minimal management needs. Special exceptions allow actions for fire control, data collection, and some commercial activities like mineral prospecting, as long as they don't harm the wilderness environment. Livestock grazing can continue if it was established before 1975, and aerial fish stocking is not restricted by this law. State agencies can also address environmental damages, using only the necessary tools.
(a)CA Public Resources Code § 5093.36(a) Except as otherwise provided in this chapter, a state agency with jurisdiction over an area designated as a wilderness area shall be responsible for preserving the wilderness character of the wilderness area and shall administer the area for the purposes for which it has been established and to preserve its wilderness character. Except as otherwise provided in this chapter, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use.
(b)CA Public Resources Code § 5093.36(b) Except as specifically provided in this chapter, and subject to private rights existing as of January 1, 1975, there shall be no commercial enterprise and no permanent road within any wilderness area. There shall be no temporary road, no use of motor vehicles, motorized equipment, or motorboats, no landing or hovering of aircraft, no flying of aircraft lower than 2,000 feet above the ground, no other form of mechanical transport, and no structure or installation within any wilderness area, except under either of the following circumstances:
(1)CA Public Resources Code § 5093.36(b)(1) It is necessary in an emergency involving the health and safety of persons within the wilderness area.
(2)CA Public Resources Code § 5093.36(b)(2) It is the minimum tool necessary to meet the minimum management requirements.
(c)CA Public Resources Code § 5093.36(c) The following special provisions are hereby made:
(1)CA Public Resources Code § 5093.36(c)(1) Within a wilderness area, measures may be taken as may be necessary for the control of fire, insects, and diseases, subject to conditions that the state agency with jurisdiction over the wilderness area may deem desirable.
(2)CA Public Resources Code § 5093.36(c)(2) Nothing in this chapter shall prevent any activity by any public agency within a wilderness area, including prospecting, for the purpose of gathering information about mineral or other resources that the state agency with jurisdiction over the wilderness area has determined will be carried on in a manner compatible with the preservation of the wilderness environment.
(3)CA Public Resources Code § 5093.36(c)(3) A state agency with jurisdiction over a wilderness area may authorize the collection of hydrometeorological data and the conduct of weather modification activities, including both atmospheric and surface activities and environmental research, which are within, over, or may affect wilderness areas and for those purposes may permit access, installation, and use of equipment which is specifically justified and unobtrusively located. Maximum practical application of miniaturization, telemetry, and camouflage shall be employed in conducting weather modification activities. In granting permission for the conduct of data collection and weather modification activities, the appropriate state agency may prescribe operating and monitoring conditions that it deems necessary to minimize or avoid long-term and intensive local impact on the wilderness character of the wilderness areas affected.
(4)CA Public Resources Code § 5093.36(c)(4) Within a wilderness area, the grazing of livestock, where established prior to January 1, 1975, may be permitted to be continued by the present lessee or permittee subject to limitation by the terms and regulations that are deemed necessary by the state agency with jurisdiction over the wilderness areas.
(5)CA Public Resources Code § 5093.36(c)(5) This chapter does not apply to the aerial stocking of fish or to the conduct of aerial surveys of wildlife species.
(6)CA Public Resources Code § 5093.36(c)(6) A state agency with jurisdiction over a wilderness area may authorize measures that address environmental damage or degradation affecting wilderness character and resources if those measures are consistent with the minimum management requirements and only the minimum tools are used.
(7)CA Public Resources Code § 5093.36(c)(7) Guidelines for the determination of the minimum management requirements and the minimum tool shall be adopted by regulation.
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Section § 5093.37
If someone owns private land surrounded by wilderness areas, they can request a way to get to and from their land through these areas. They must apply to the state agency in charge of the wilderness area to decide if alternate access is feasible. If there's no reasonable outside access, the agency grants permission to create a path through the wilderness under conditions that minimize environmental impact.
The landowner must pay for building and maintaining the access. If other landowners nearby also need access, they might be allowed to use the path, but must pay for its upkeep. The state can also purchase or accept donations of land within wilderness areas to manage these spaces.
(a)CA Public Resources Code § 5093.37(a) In any case where privately owned land is completely surrounded by wilderness areas, the private owner may acquire from the state a reasonable means of ingress and egress across wilderness areas from highways and roads to such land and from such land to highways and roads.
(b)CA Public Resources Code § 5093.37(b) Application from such a private owner for ingress and egress shall be made to the administering state agency. When application for ingress and egress is received, the administering state agency shall determine whether any reasonable access exists outside the boundaries of the wilderness area or could be economically constructed.
(c)CA Public Resources Code § 5093.37(c) Where reasonable access does not exist or cannot be economically constructed outside the boundaries of the wilderness area, the administering state agency shall grant a permit for right-of-way across the wilderness area over such route, and subject to such conditions and construction and maintenance specifications, as the administering state agency may determine will cause minimum alteration to the physical features of the wilderness area and minimum interference with the use of the wilderness area by the public.
(d)CA Public Resources Code § 5093.37(d) The permittee shall, at his own expense, construct and maintain the means of ingress and egress in accordance with the terms and conditions set forth in the permit, noncompliance with which in any part shall be due cause for revocation of the permit.
(e)CA Public Resources Code § 5093.37(e) The administering state agency may require a permittee to allow the use of such means of ingress and egress by other applicants whose lands are similarly situated. The administering state agency shall grant a permit for such use under terms and conditions imposed upon existing users, upon payment of a reasonable compensation for construction and maintenance of the road, by the applicant to the existing permittee.
(f)CA Public Resources Code § 5093.37(f) Subject to the appropriation of funds by the Legislature, the state agency or agencies having jurisdiction over such wilderness areas may acquire privately owned land within the perimeter of any area designated by this chapter as a wilderness area.
(g)CA Public Resources Code § 5093.37(g) The state agency or agencies having jurisdiction over such wilderness areas may accept gifts or bequests of land within or contiguous to wilderness areas. Regulations with regard to any such land may be in accordance with such agreements, consistent with the policy of this chapter, as are made at the time of such gift, or such conditions, consistent with such policy, as may be included in, and accepted with, such bequest.
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Section § 5093.38
This law states that the state's authority over fish and wildlife remains unchanged. It also clarifies that hunting and fishing can be allowed on lands and waters managed under this system, as long as state or federal laws and regulations are followed.
Nothing in this chapter shall affect the jurisdiction or responsibility of the state with regard to fish and wildlife. Hunting and fishing may be permitted on lands and waters administered as parts of the system under applicable state or federal laws and regulations.
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Section § 5093.39
Every year by December 1st, starting in 1975, the secretary must provide a report to the Governor and the Legislature. This report covers the status of the wilderness system, describes the areas within it, outlines the current guidelines and regulations, and suggests any new areas to add.
The secretary shall, no later than December 1, 1975, and on or before December 1st of each year thereafter, report to the Governor and to the Legislature on the status of the system, including a list and descriptions of the wilderness areas within the system, guidelines and regulations in effect, and recommendations for additions to the system.
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Section § 5093.40
This law section says that if any part of this chapter is found to be invalid or can't be applied to someone or a situation, it doesn't impact the rest of the chapter. Those other parts can still be used as intended. Essentially, the rules in this chapter can stand on their own, even if one part fails.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
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