For purposes of this division, the policies of the state with respect to providing for port-related developments consistent with coastal protection in the port areas to which this chapter applies, which require no commission permit after certification of a port master plan and which, except as provided in Section 30715, are not appealable to the commission after certification of a master plan, are set forth in this chapter.
PortsPolicies
Section § 30702
This law states that California has specific policies for port-related developments that align with coastal protection. Once a port master plan is certified, these developments do not need a commission permit and generally cannot be appealed to the commission, with the exception mentioned in another section.
port-related developments coastal protection port master plan
Section § 30703
This law emphasizes the importance of the commercial fishing industry in California by protecting harbor space designated for it. Ports are not allowed to reduce or remove space for commercial fishing unless there's no longer a need or a suitable alternative is available. If new recreational boating facilities are built, they must be designed in a way that doesn't disrupt commercial fishing activities.
The California commercial fishing industry is important to the State of California; therefore, ports shall not eliminate or reduce existing commercial fishing harbor space, unless the demand for commercial fishing facilities no longer exists or adequate alternative space has been provided. Proposed recreational boating facilities within port areas shall, to the extent it is feasible to do so, be designed and located in such a fashion as not to interfere with the needs of the commercial fishing industry.
commercial fishing harbor space port regulations
Section § 30705
Diking, filling, or dredging water areas is permitted if it aligns with a certified port master plan and serves specific purposes like port safety, commercial fishing, and public services like cable installation. Restoration and minor shoreline enhancements are also allowed.
New facilities should use existing water features to lessen future dredging needs. Dredging should minimize harm to marine life and habitats, and the removed materials must be tested for toxins before disposal. Disposal should avoid damaging marine life, using designated safe locations.
Socioeconomic and environmental impacts must be weighed for such activities.
(a)CA Public Resources Code § 30705(a) Water areas may be diked, filled, or dredged when consistent with a certified port master plan only for the following:
(1)CA Public Resources Code § 30705(a)(1) Construction, deepening, widening, lengthening, or maintenance of ship channel approaches, ship channels, turning basins, berthing areas, and facilities that are required for the safety and the accommodation of commerce and vessels to be served by port facilities.
(2)CA Public Resources Code § 30705(a)(2) New or expanded facilities or waterfront land for port-related facilities.
(3)CA Public Resources Code § 30705(a)(3) New or expanded commercial fishing facilities or recreational boating facilities.
(4)CA Public Resources Code § 30705(a)(4) Incidental public service purposes, including, but not limited to, burying cables or pipes or inspection of piers and maintenance of existing intake and outfall lines.
(5)CA Public Resources Code § 30705(a)(5) Mineral extraction, including sand for restoring beaches, except in biologically sensitive areas.
(6)CA Public Resources Code § 30705(a)(6) Restoration purposes or creation of new habitat areas.
(7)CA Public Resources Code § 30705(a)(7) Nature study, mariculture, or similar resource-dependent activities.
(8)CA Public Resources Code § 30705(a)(8) Minor fill for improving shoreline appearance or public access to the water.
(b)CA Public Resources Code § 30705(b) The design and location of new or expanded facilities shall, to the extent practicable, take advantage of existing water depths, water circulation, siltation patterns, and means available to reduce controllable sedimentation so as to diminish the need for future dredging.
(c)CA Public Resources Code § 30705(c) Dredging shall be planned, scheduled, and carried out to minimize disruption to fish and bird breeding and migrations, marine habitats, and water circulation. Bottom sediments or sediment elutriate shall be analyzed for toxicants prior to dredging or mining, and where water quality standards are met, dredge spoils may be deposited in open coastal water sites designated to minimize potential adverse impacts on marine organisms, or in confined coastal waters designated as fill sites by the master plan where the spoil can be isolated and contained, or in fill basins on upland sites. Dredge material shall not be transported from coastal waters into estuarine or fresh water areas for disposal.
(d)CA Public Resources Code § 30705(d) For water areas to be diked, filled, or dredged, the commission shall balance and consider socioeconomic and environmental factors.
diking filling dredging
Section § 30706
This section sets rules for filling water areas beyond the high tide line near ports. The fill must be the minimum needed, it should avoid harming coastal resources, and it should not reduce water volume or disrupt sand movement preaument. Safety standards must ensure protection against natural hazards like unstable ground or floods. Additionally, the fill must not interfere with navigation.
In addition to the other provisions of this chapter, the policies contained in this section shall govern filling seaward of the mean high tide line within the jurisdiction of ports:
(a)CA Public Resources Code § 30706(a) The water area to be filled shall be the minimum necessary to achieve the purpose of the fill.
(b)CA Public Resources Code § 30706(b) The nature, location, and extent of any fill, including the disposal of dredge spoils within an area designated for fill, shall minimize harmful effects to coastal resources, such as water quality, fish or wildlife resources, recreational resources, or sand transport systems, and shall minimize reductions of the volume, surface area, or circulation of water.
(c)CA Public Resources Code § 30706(c) The fill is constructed in accordance with sound safety standards which will afford reasonable protection to persons and property against the hazards of unstable geologic or soil conditions or of flood or storm waters.
(d)CA Public Resources Code § 30706(d) The fill is consistent with navigational safety.
seaward filling mean high tide line minimum fill necessity
Section § 30707
This law requires that new or expanded tanker terminals be designed to reduce oil spills, avoid vessel collisions, access effective oil spill equipment, and have facilities to handle contaminated ballast water when necessary.
New or expanded tanker terminals shall be designed and constructed to do all of the following:
(a)CA Public Resources Code § 30707(a) Minimize the total volume of oil spilled.
(b)CA Public Resources Code § 30707(b) Minimize the risk of collision from movement of other vessels.
(c)CA Public Resources Code § 30707(c) Have ready access to the most effective feasible oilspill containment and recovery equipment.
(d)CA Public Resources Code § 30707(d) Have onshore deballasting facilities to receive any fouled ballast water from tankers where operationally or legally required.
tanker terminals oil spill prevention vessel collision risk
Section § 30708
This law requires that any development related to ports be planned and built in a way that reduces negative environmental effects and minimizes potential traffic issues between ships. The development should prioritize using existing land in harbors specifically for port activities like navigation and shipping. When possible, it should also allow for other uses that benefit the public, such as recreational activities and wildlife habitats. Additionally, the law encourages the integration of rail services to support these port areas and promote shared use of facilities by different companies.
All port-related developments shall be located, designed, and constructed so as to:
(a)CA Public Resources Code § 30708(a) Minimize substantial adverse environmental impacts.
(b)CA Public Resources Code § 30708(b) Minimize potential traffic conflicts between vessels.
(c)CA Public Resources Code § 30708(c) Give highest priority to the use of existing land space within harbors for port purposes, including, but not limited to, navigational facilities, shipping industries, and necessary support and access facilities.
(d)CA Public Resources Code § 30708(d) Provide for other beneficial uses consistent with the public trust, including, but not limited to, recreation and wildlife habitat uses, to the extent feasible.
(e)CA Public Resources Code § 30708(e) Encourage rail service to port areas and multicompany use of facilities.
port development environmental impact traffic conflicts
