Development ControlsGeneral Provisions
Section § 30600
In California's coastal zone, you usually need a coastal development permit to undertake any development, unless another permit is required by law. Local governments can create their own permit procedures before their local coastal program is certified, but they typically can't require a permit for developments on certain public lands or for developments by public agencies unless already required.
If a local government doesn't have its own procedures or your project isn’t covered by them, you'll need a permit from the commission or local government according to specific regulations. Once a local coastal program is certified, permits come from the local government. However, emergency projects, especially those needed to protect life or property after a disaster, are exempt but must notify the commission within 14 days of starting.
Section § 30600.1
If you applied for a coastal development permit before January 1, 1982, and were approved by local authorities but didn’t get the coastal permit yet, there are specific rules about housing for low or moderate income families that apply. If the Coastal Commission approved your permit but you haven’t met housing conditions they've set, you have two choices: follow the commission's conditions to get your permit, or ask local authorities to apply different housing rules instead, which would cancel the commission's conditions.
If your application hadn't been processed before January 1, 1982, the Commission will follow standard procedures but won’t apply housing conditions. You must work with the local government to apply housing rules. The Commission might wait for the local government's decision before proceeding, except for residential conversions, where they must process but delay issuing the permit until local rules are applied.
Section § 30600.5
This law outlines how coastal development permits will be managed before a local coastal program is certified. Essentially, local governments are granted the authority to issue these permits, except for specific types of development or those proposed by state agencies. This authority kicks in after the certification of a local land use plan and involves specific geographic areas covered by the plan. Once local governments have this authority, they need to follow certain procedures, including public notice and hearing standards set by the commission.
If a local government approves a coastal development permit and it raises questions about the plan's conformity, the decision can be appealed to the commission. There are also precise timelines for these processes, but they can be extended if necessary. The law allows the Commission to assist local governments by drafting necessary ordinances to help them manage coastal permits.
Finally, this authority and the related local ordinances will no longer apply after the local coastal program is fully certified, and all provisions will cease if deemed inconsistent with federal coastal laws by a court decision.
Section § 30600.6
This law explains how local governments in California can manage new costs when they take on the responsibility of issuing coastal development permits. Before a local coastal plan is approved, these extra costs can be covered by fees charged to those applying for permits. However, these fees can only cover costs directly related to permit issuance, wouldn't exist without the delegation, and are not part of usual land use activities. If a local government decides not to charge these fees, it won't receive reimbursement from other legal resources. Once a local coastal program is approved, local governments will get reimbursed according to specific guidelines.
Section § 30600.6
This section defines some key terms like 'applicant', 'habitat restoration project', and 'public access project' related to coastal development. An 'applicant' can be a public agency or a nonprofit, while the projects focus on ecological restoration or public access to the coast. It allows cities or counties to waive or reduce fees for permits on these types of projects. If a local government denies a fee waiver, the applicant can submit the permit application directly to the commission. Importantly, this does not change any existing local coastal plans or programs.
Section § 30600.7
This law states that if a refinery or petrochemical facility needs to be modified to meet air quality standards related to reformulated or alternative fuels before local authorities have been given permit approval powers, only the state-level commission can issue the necessary coastal development permit. This holds true even though local governments usually have some authority in these matters.
Section § 30601
Before a local coastal program is approved, certain developments require a coastal development permit from the commission. These developments include projects near the sea or major coastal features like wetlands and bluffs. Specifically, if your project is between the sea and the first road, or very close to beaches or the high tide line, you'll need a permit. Also, developments on or near tidelands, submerged lands, or within 100 feet of wetlands, estuaries, streams, or coastal bluffs require permits. Lastly, large public works or energy facilities in these areas also need permission.
Section § 30601.3
This section allows the commission to process a single, consolidated permit application for a project needing coastal development permits from both a local government and the commission, provided everyone involved agrees and public input isn't significantly harmed.
The review uses state coastal policies but considers local guidelines. Fees are based on the commission's schedule, and guidelines may be established for clarity on implementing this process.
Section § 30601.4
This law outlines the process for handling coastal development permits for new projects related to offshore wind energy in the coastal zone. The commission is responsible for consolidating coastal permits to streamline approvals, ensuring public participation isn't hampered. Applications are shared with local agencies, who can provide input on local coastal programs and project plans. The commission must integrate local agency feedback and engage with California Native American tribes if they are affected, focusing on community needs and impacts. Coordination with the State Lands Commission and other agencies is crucial to prepare joint environmental documents, enhancing regulatory efficiency. The State Lands Commission will lead the environmental assessments required by California's Environmental Quality Act for offshore wind projects.
Section § 30601.5
If someone applies for a coastal development permit but doesn't own the land, they must show they have the legal right to use the property. The commission can't force the actual landowners to apply for the permit with them. However, all other property interest holders must be informed in writing about the application and can choose to apply alongside the applicant. Before the permit is granted, the applicant needs to prove they can meet all the approval conditions.
Section § 30602
Before a local coastal program is certified, decisions made by local governments about coastal development permit applications can be appealed. The appeal can be made by the commission’s executive director, any person (including the applicant), or any two commission members. If no appeal is made within 20 working days, the decision becomes final unless an appeal fee, if required, isn't paid on time.
Section § 30603
This law outlines when a local government's decision about a coastal development permit can be appealed to the Coastal Commission. Appeals are allowed for developments near the coast, like those near the sea, beaches, wetlands, or significant land features like bluffs. Exceptions include some residential projects. An appeal can be made if the project doesn't meet the local coastal program standards or public access policies. Decisions become final if no appeal is made within 10 working days, or if an appeal fee isn't paid on time. Local governments must notify the commission of permit decisions within seven days, using certified or verified electronic mail.
Section § 30603.1
This law allows a city and county to request a boundary adjustment for the area where coastal development permits can be appealed to the commission. The adjustment is only to prevent a boundary from splitting a single property and can be adjusted either closer to or further from the coast, but only by the minimum distance needed.
If circumstances change later, the commission can change the boundary again to reflect these new conditions, following the same rules.
Section § 30604
This law outlines the conditions for issuing coastal development permits in California. Before local coastal programs are certified, permits can be given if the development aligns with specific environmental guidelines and doesn't hinder the local government's planning efforts. Once certified, developments must conform to the certified local coastal program.
Permits for developments near the coast must ensure public access and recreation. Developments outside the coastal zone are not impacted by coastal permit findings. Permits can't be denied based on potential future land acquisition unless certain conditions are met, such as available funding for the acquisition.
The law supports housing for low and moderate-income groups without unnecessarily reducing housing densities as long as the development respects environmental guidelines. Environmental justice can also be considered in permit decisions, aiming for fair distribution of environmental benefits.
Section § 30605
This law outlines a process for enhancing the planning efficiency of development projects undertaken by public works, state universities, colleges, and private universities. Instead of reviewing each project individually, these institutions can submit long-range development plans for review. These plans are treated similarly to local coastal programs. If submitted before local coastal programs are certified, the plan must align with specific policies. After certification, approval hinges on the plan's consistency with local coastal programs, following consultations with local governments.
The commission provides guidelines for submitting environmental information. Once a plan is certified, the commission's review of individual projects within it is restricted to ensuring consistency with specific sections. Universities can amend their plans, but amendments must be certified in the same way as local coastal program amendments.
Section § 30606
Before starting any construction project as per the plan approved by Section 30605, the public agency, or any state or private university proposing the project, must inform the commission and other relevant groups or agencies about the upcoming development. They also need to provide evidence that the project aligns with the approved public works or development plan. No construction can begin until at least 30 working days after this notice is given.
Section § 30607
When a permit is issued or an approval is granted for development or an action on appeal, it must come with reasonable terms and conditions. These conditions make sure that the development or action follows the rules and requirements set out in this division of the law.
Section § 30607.1
This law states that if building a dike or adding fill to wetlands is allowed, you must compensate by either buying or opening up areas of equal or greater environmental value. If you can't find a suitable site for restoration, you must pay a fee that will go toward creating a similar productive area. This fee is given to a public agency, and you must complete this before starting construction. However, short-term projects don't need these measures if you provide financial proof that you will restore the land quickly.
Section § 30607.2
This law discusses conditions for modifying coastal development permits related to low or moderate-income housing, particularly those issued before January 1, 1982. Permit holders can request changes, but only certain government-authorized conditions can be imposed. If substantial construction hasn’t begun by that date, permit holders can either adhere to the original requirements or opt for current housing regulations. The law also ensures that sewer projects won’t be affected by housing policy requirements. Existing housing agreements made before 1982 remain valid unless specific conditions void them, and this law doesn’t alter terms regarding sewer capacity for affordable housing in specific areas.
Section § 30607.5
This law states that within the City of San Diego, a commission cannot create requirements that conflict with a specific plan for protecting vernal pools. This plan was adopted by the city on June 17, 1980, after working with state and federal agencies, and it was also approved by the United States Army Corps of Engineers with input from the United States Fish and Wildlife Service.
Section § 30607.7
This law states that if you want to do a sand replenishment project, you need a special permit that requires you to have someone monitoring and supervising the project on-site.
Before you can get this permit, you must give the agency a detailed plan about how you will handle this monitoring and supervision while the project is going on.
Section § 30607.8
This law section explains how the commission should handle 'in-lieu fees' related to coastal development projects. These fees are used to mitigate impacts from development, specifically focusing on supporting lower-cost coastal accommodations.
The commission must consider certain assessments before using these fees. If any fee isn't used within seven years, the commission can reassign it to other projects that better fulfill its original purpose. However, this reassignment shouldn't change or violate existing development permit conditions.
'In-lieu fees' refer to funds that developers pay when they get a permit for a coastal project to compensate for any adverse effects their project might have on affordable coastal visitor services.
Section § 30608
If you had the right to develop land or got a permit from the California Coastal Zone Conservation Commission before this law came into effect, you don't need to get approval under this new law to continue your development. But if you want to make significant changes to your development, you'll need to get approval under this division.
Section § 30609
If you received a permit before January 1, 1977, under the California Coastal Zone Conservation Act from 1972, and the permit had specific conditions not about giving up land for public use, you can ask to change or remove those conditions. To do this, you need to apply just like you would for a regular permit. However, any changes can't make things stricter than what you originally agreed to. If you don't change or remove the conditions, they'll stay as they are.
Section § 30609.5
This law restricts the sale or transfer of state-owned land near the coast to private entities unless public access to the beach or coastline is preserved. If sold or transferred, the state must ensure public access is maintained or improved, or the land returns to state ownership. Exceptions exist for nonprofit organizations focused on land preservation and for lands managed by the Department of Parks and Recreation or State Coastal Conservancy if certain conditions are met. State lands are defined broadly, but the law does not stop private landowners from selling their property.
Section § 30610
This section outlines circumstances where no coastal development permit is required. Key exemptions include improvements to existing homes and other structures unless they pose environmental risks or affect public access. Maintenance dredging and certain repair activities, provided they don't expand the structure, are also exempt. Replacement structures after a disaster must meet specific criteria. Conversions of residential structures to time-shares or temporary events with minimal coastal impact are included. The Coastal Commission can exclude other categories if they don't negatively impact coastal resources.
Section § 30610.1
This law states that before a local coastal program is certified, no permit is needed to build a single-family house on a vacant lot in certain areas these areas must be designated as having no significant environmental impact. A permit exemption applies only if the home isn't too close to the sea, is a legally recognized lot, isn't in a hazardous area, is near an existing road, and has an adequate water supply.
The law requires the commission to identify such permissible areas and set criteria for their designation. The commission must detail where the 'first public road' and 'beach extent' are. Within 120 days, they have to establish uniform criteria to be used across different locations. They also have to update the Legislature and Governor on their progress.
Section § 30610.2
This law specifies that if someone wants to build a single-family home on a vacant lot in certain coastal areas, they must first get written confirmation from the local government that the lot is exempt from needing a coastal development permit. This exemption is possible only if the lot meets specific criteria set out in another section. The local government must send a copy of this exemption to the state commission within five days of issuance.
If the designated areas within the coastal zone aren't identified by the commission within the specified time frame, the local government can certify the exemption without adhering to certain requirements usually needed for designation.
Section § 30610.3
This law is about ensuring public access to coastal areas in subdivisions where access isn't adequate. If over 25% of lots are vacant and individual owners can't meet access requirements, the Coastal Commission will step in and create a public access plan. They work with the State Coastal Conservancy to identify necessary land and facilities for access.
Funds from a Coastal Access Account can be used to purchase land and cover development costs, with a small portion for administrative expenses. Agreements with other agencies or associations can be made for facility maintenance.
Vacant lot owners in designated areas need to pay a fee or make a dedication in place of complying individually with access regulations. The fee is to help cover the cost of acquiring land for public access and is calculated based on acquisition costs divided by the total lot count.
Appraisals to estimate land costs must be done formally within 120 days. These fees can increase by 5% annually if delayed. However, this law doesn't apply to the Sea Ranch area in Sonoma County.
Section § 30610.4
This law explains that if an area is determined to meet specific criteria, as per previous sections, then a coastal development permit will not be needed from the commission for building single-family homes there. However, this exclusion does not apply to lots directly next to a beach or the high tide line if there's no beach. The law also requires obtaining a certificate of exemption and paying a public access fee before starting construction on these exempted areas.
Section § 30610.5
This law allows certain urban land areas to be exempted from needing coastal development permits. If a local government requests an exemption and meets specific criteria, the commission can approve this after a public hearing.
To qualify, the area must have been either a dense residential area or a commercial or industrial zone before January 1, 1977. The proposed local development must match the existing community in size and character, and it should not negatively affect public access to the coast or coastal resources.
Any exemptions granted come with terms to ensure consistency in use and density, and some can be revoked if guidelines aren't followed. However, areas like beaches, tide lands, and public trust lands cannot be excluded from permit requirements.
Section § 30610.6
This law addresses an ongoing dispute about land development at Sea Ranch in Sonoma County. It aims to resolve issues that have delayed development and caused high costs for property owners and the public. The law outlines conditions under which public access to coastal areas can be improved and the conflict settled.
It involves providing easements for public access to certain areas, with financial transactions handled in escrow by specified dates. Once these conditions are met, no additional public access requirements will be enforced, and current environmental deposits will be refunded. Development criteria are set to balance property rights with scenic preservation.
This law offers an alternative solution to previous legal requirements, focusing on equitable and timely resolution to benefit both the public and Sea Ranch property owners.
Section § 30610.8
This law addresses a disagreement over public access at Hollister Ranch in Santa Barbara. It aims to quickly resolve the issue so that property owners can start construction. To do this, property owners must pay a fee of $33,000 for permits, adjusted for inflation each year. Once this in-lieu fee is paid to the State Coastal Conservancy and other permit conditions are met, construction can begin. No new conditions can be added to permits given out before this law was effective. The State Coastal Conservancy and State Lands Commission are tasked with making these access policies happen as fast as possible.
Section § 30610.9
This California law section talks about how local governments can choose to have the state commission handle permits for temporary film projects in coastal areas. If a local government wants to speed up the process for permits for movies, TV shows, or commercials, they can let the commission manage it. This applies to projects that take 190 days or less. To do so, the local government must send the permit application to the commission. They can decide one project at a time and must also keep the local government informed. The local government can offer feedback, and they can object if the commission issues an administrative permit instead of a full coastal development permit. The applicant must get all other necessary local and federal permits and address any complaints from the community.
Section § 30610.81
This law ensures public access to Hollister Ranch in Santa Barbara by requiring a new access program by April 1, 2021. The program should consider public input, provide access options, assess costs, and describe the area's environment and resources.
It includes strategies for land access and states that impeding access is a violation. If deadlines are missed, a report must be submitted to the Legislature. Also, funds from various sources will support this access program.
Section § 30610.91
This law encourages the development of "complete streets" in California's coastal areas, meaning streets that safely accommodate pedestrians, cyclists, and motorized vehicles.
It aims to promote nonmotorized transport to increase access to the coast, limit driving, and cut greenhouse gas emissions. For projects converting vehicle lanes to bike lanes, transit lanes, or walkways in urban zones, traffic studies are not required when seeking certain permits.
If such a project requires changes to a local coastal program, these amendments must ensure enhanced public access without significantly cutting current access.
Section § 30611
If there's an emergency that threatens life or public property, or if a disaster or accident harms public utilities or services, people or agencies can skip the usual permit requirements to fix the problem fast. They just need to let the commission's executive director know about the work and where it’s happening within three days. However, they can't use this as an excuse to build permanent structures worth more than $125,000, adjusted for inflation.
Section § 30612
If you're applying for a permit to tear down a building in a coastal area, the request can't be denied unless there's enough evidence to show it's possible to keep the building.
Section § 30612.5
This law highlights the significance of the California coast and addresses the temporary development for the 2028 Olympic and Paralympic Games. Usually, any temporary event that affects coastal resources needs a permit, but this law allows exceptions specifically for the 2028 Games. It recognizes the economic and promotional benefits of the games.
All temporary structures and related developments for the Olympics are exempt from needing a local coastal development permit, but they should minimize environmental impacts. This only applies to activities conducted under the official Olympic bodies and not for any infrastructure lasting beyond December 31, 2028.
The law will no longer be effective after January 1, 2029, and requires coordination between the relevant committees to ensure compliance.
Section § 30613
This section says that certain rules for lands subject to the public trust don't apply if those lands are already filled, developed, and used for urban purposes, as determined by the commission in consultation with the State Lands Commission.
If a local government asks, the commission has 120 days to decide which lands in that area meet these criteria.
This rule also covers lands previously approved or permitted for coastal development, local coastal programs, or certain exclusions.
Section § 30614
This law ensures that any conditions tied to coastal development permits about affordable housing, existing as of January 1, 2002, must be enforced and should not lapse while the permit is valid. Additionally, it clarifies that it does not allow for the release of low or moderate-income housing from these permit requirements, except as specifically allowed under another law, Section 30607.2.
Section § 30615
This law requires that any event taking place in the coastal zone, where competitors are awarded prizes in gender-specific categories, must provide equal prize compensation for all genders at each level of participation. If the event does not ensure equal prize compensation for every gender, the coastal development permit necessary to hold the event will not be approved by the commission.
Section § 30616
This law establishes the California Offshore Wind Energy Fisheries Working Group, which includes representatives from various sectors like fishing, offshore wind energy, California Native American tribes, and government agencies. The group is tasked with creating a plan to minimize the impact of offshore wind projects on ocean fisheries by January 1, 2025. This plan will include strategies for communication, socioeconomic analysis, and best practices to reduce negative effects. There will also be guidelines for compensating those impacted by wind projects, covering aspects like lost revenue and personal property. The working group must complete the strategy by January 1, 2026, and applicants for wind projects must comply with these guidelines. The working group will also review and revise the strategy as needed. Members will be compensated for their participation and expenses by the Offshore Wind Energy Resiliency Fund.
Section § 30617
This law requires the commission to involve labor groups in discussions about workforce development plans for offshore wind energy projects. The goal is to ensure career training and retraining for construction, maritime, and longshore workers affected by these projects, according to certain conditions and legal requirements.