Suisun Resource Conservation District - - CA Public Resources

Section § 9960

This section clarifies the meanings of specific terms used in the chapter about the Suisun Marsh. It defines key terms: the 'Suisun Marsh' as specified in another law section, the 'primary management area' and the 'Suisun Marsh Protection Plan' with references to other sections. It also identifies the 'District' as the Suisun Resource Conservation District and its 'Board' as the district's governing body. 'Individual ownership' refers to privately owned land parcels within the management area, and 'Department' refers to the Department of Fish and Game.

The following definitions shall govern the interpretation of this chapter:

(a) “Suisun Marsh” means the Suisun Marsh as defined in Section 29101.

(b) “Primary management area” means the primary management area as defined in Section 29102.

(d) “District” means the Suisun Resource Conservation District.

(e) “Board” means the board of directors of the district.

(f) “Individual ownership” means a separate privately owned parcel of land within the primary management area. Contiguous parcels of land owned by the same legal entity comprise a single individual ownership.

(g) “Department” means the Department of Fish and Game.

Suisun Marsh primary management area Suisun Marsh Protection Plan Suisun Resource Conservation District individual ownership Department of Fish and Game board of directors privately owned parcel contiguous land parcels legal entity

(Amended by Stats. 1982, Ch. 1571, Sec. 1.)

Section § 9961

This law says that unless specifically stated otherwise in this chapter, the rules and functions of the district are controlled by the rules in this division.

Except as otherwise expressly provided in this chapter, the organization, powers, and functions of the district shall be governed by the provisions of this division.

district governance division provisions organization powers district functions express provisions governing rules chapter exceptions legal division rules district powers specific provisions chapter stipulations

(Added by Stats. 1977, Ch. 1155.)

Section § 9962

This law outlines responsibilities and regulations concerning water management on private lands within the Suisun Marsh. The local district is in charge of enforcing these regulations, crafted by them but must be approved by the San Francisco Bay Conservation and Development Commission (SFBCDC). After approval, district officials can inspect private lands to check compliance with these rules. If a landowner violates the regulations, they can face a civil penalty of up to $500 for the first offense and up to $5,000 for additional offenses. These penalties are pursued by the Solano County District Attorney and any money collected is split between the county's general fund and the district.

(a) The district shall have primary local responsibility for regulating and improving water management practices on privately owned lands within the primary management area of the Suisun Marsh in conformity with Division 19 (commencing with Section 29000) and the Suisun Marsh Protection Plan.

(b) The district shall issue regulations requiring compliance with any water management plan or program for privately owned lands within the primary management area if the plan or program has been prepared by the district and approved and certified by the San Francisco Bay Conservation and Development Commission as a component of the local protection program required by Chapter 6 (commencing with Section 29500) of Division 19.

(c) Following certification of the district’s component of the local protection program by the San Francisco Bay Conservation and Development Commission, the board or its employees may, after approval by a vote of four-fifths of the membership of the board, obtain an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure and enter onto privately owned lands within the primary management area for the purpose of determining whether or not the landowner is complying with the regulations of the district. Following a determination that a landowner is violating the regulations, and after written notice to the landowner, the board may request the District Attorney of the County of Solano to take appropriate action.

(d) The first violation by any person of any district regulation adopted pursuant to subdivision (b) shall be subject to a civil penalty not to exceed five hundred dollars ($500). A subsequent violation of the same district regulation by the same person shall be subject to a civil penalty not to exceed five thousand dollars ($5,000).

(e) The civil penalties prescribed in this section shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the District Attorney of the County of Solano. Such an action shall take precedence over all other civil matters on the calendar, except those matters to which equal precedence on the calendar is granted by law. Any penalty collected under this section shall be paid to the Treasurer of the County of Solano and shall be credited one-half to the county general fund and one-half to the district.

water management Suisun Marsh private lands San Francisco Bay Conservation and Development Commission local protection program inspection warrant landowner compliance civil penalty District Attorney Solano County environmental regulations local jurisdiction water management plans Suisun Marsh Protection Plan

(Amended by Stats. 1982, Ch. 1571, Sec. 2.)

Section § 9963

This law explains how an improvement district can be proposed and formed within a primary management area in California. Even if Section 9803 suggests otherwise, the proposal can start with a petition signed by the majority of board members. From there, the process follows the guidelines in Sections 9804 to 9821. Importantly, if more than half of the property owners in the proposed district oppose the creation or the assessments involved, the proposal can be stopped, despite what Section 9817 says.

Notwithstanding the provisions of Section 9803, the formation of an improvement district within the primary management area may be proposed and the petition therefor may be signed by a majority of the members of the board. Thereafter, proceedings with regard to the formation of the proposed improvement district shall be in accordance with Sections 9804 through 9821, inclusive. However, wherever “petition” is used in those provisions, it shall be deemed to refer to the petition of the majority of the members of the board; and, notwithstanding Section 9817, the petition shall not be required to be dismissed unless more than one-half of the holders of title to the real property within the proposed improvement district object to its formation or the levy of the proposed assessment.

improvement district primary management area board member petition property owner objection formation process district formation board majority real property titleholders proposed assessment Section 9817 exception Section 9804-9821 procedure petition requirements levy objection district proposal management area improvements

(Added by Stats. 1977, Ch. 1155.)

Section § 9964

This law allows a district to charge extra fees, called special assessments, on land owned by consenting owners for improvements. It can issue bonds to cover unpaid assessments. These actions are based on existing laws for municipal improvements. However, the district can skip public bidding when hiring for construction work related to these improvements.

The district may, with the consent of the owner, levy special assessments on the lands of the consenting owner within the district pursuant to the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code) or the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code) and issue bonds to represent unpaid assessments pursuant to the Improvement Act of 1911 or the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code) to finance the construction of improvements on those lands as provided by Section 9409.

Notwithstanding any provisions of Division 7 (commencing with Section 5000) or Division 12 (commencing with Section 10000) of the Streets and Highways Code, the district may contract for the construction of these improvements without inviting public bids therefor.

special assessments consent of owner municipal improvements construction improvements bond issuance unpaid assessments Municipal Improvement Act of 1913 Improvement Act of 1911 Improvement Bond Act of 1915 district authority public bidding exemption landowner consent financing improvements Streets and Highways Code contracting without bids

(Added by Stats. 1982, Ch. 1571, Sec. 3.)

Section § 9965

This law states that private landowners in certain management areas who comply with specific regulations to improve wildlife habitats are eligible to receive financial assistance from the government. This assistance helps cover 50% of their operation and maintenance costs, with a maximum of $5,000 per ownership, and is not considered taxable income.

Every year, landowners must submit a claim with proper documentation by December 31 to receive this help. The district reviews the claims and may inspect the land before approval. If all claims exceed the available funds, payments are made on a prorated basis. No payments are made if there are no funds allocated for that year.

(a) The Legislature finds that compliance with the mandated regulations of the district will produce public benefits by improving wildlife habitat in the primary management area and that providing public funds to partially offset the costs of complying with those regulations would serve a valid public purpose. Assistance under this section shall not be treated as taxable income to a private landowner.

(b) Each year the district shall submit to the department an estimate of an amount sufficient to reimburse the private landowners in the primary management area for 50 percent of the operation and maintenance costs which it anticipates they will incur the following fiscal year in carrying out this chapter and Division 19 (commencing with Section 29000). Funds for this purpose shall not exceed five thousand dollars ($5,000) per individual ownership. The funds shall be included in the budget of the department payable from the Wildlife Restoration Fund and shall be available to the department for disbursement to the private landowners in accordance with subdivision (c).

(c) Each fiscal year, any private landowner in the primary management area who desires to qualify for the assistance provided by this section shall, by December 31, submit to the district a claim for those costs incurred that calendar year in carrying out the operation and maintenance activities specified in that landowner’s individual ownership management program. Each claim shall be accompanied by substantiating documents, as determined by the district. The district shall review each claim to determine its appropriateness by, including, but not limited to, an onsite inspection to establish that the physical improvements or management procedures for which a claim is submitted have been satisfactorily completed. The district shall submit the individual ownership claims to the department for review and approval for payment equal to 50 percent of each claim. However, no payment shall exceed five thousand dollars ($5,000). In any fiscal year in which the funds appropriated for purposes of this section are insufficient to pay 50 percent of each claim, the department shall pay all approved claims on a pro rata basis. In any fiscal year in which no funds are appropriated for purposes of this section, the department shall pay no claims.

wildlife habitat improvement financial assistance private landowners operation and maintenance costs Wildlife Restoration Fund claim submission management program onsite inspection subsidization limit pro rata payment non-taxable income fiscal year budget substantiating documents primary management area District compliance

(Amended by Stats. 1983, Ch. 142, Sec. 126.)