State Coastal ConservancyCoastal Restoration Projects
Section § 31200
This law allows a conservancy to give grants to public agencies and nonprofits to help restore coastal areas that are negatively impacting the environment or hindering development. The grants can be used to gather land parcels, redesign these areas, and put in needed public facilities. The conservancy can also help pay for acquiring coastal access and open-space lands, but not for new public parks or wildlife areas unless they're part of a restoration project. After improvements, the lands can be developed by private parties as long as it's within an approved restoration plan.
Section § 31201
This law requires that any area planned for restoration by a conservancy, local public agency, or nonprofit must be listed in a certified local coastal plan as needing public action due to current or future development issues. For San Francisco Bay, the land should be identified in the bay plan, Suisun Marsh Protection Plan, or another local plan deemed consistent by the bay commission.
Section § 31203
This section mandates that when evaluating grant applications and plans for restoration, the conservancy should aim for outstanding design quality. The goal is to encourage projects that creatively and sensitively blend human-made elements with the natural coastal environment.
Section § 31204
The California conservancy can cover up to the full cost of coastal restoration projects, including those partly funded by the federal government. They might ask for local governments to contribute financially too. The decision on who gets how much money depends on things like the available budget, the applicant's financial situation, how urgent the project is, how well the project aligns with set goals, and other criteria set by the conservancy to prioritize projects.
Section § 31205
This law section states that the conservancy will work with various groups, like local agencies and nonprofits, to create guidelines for evaluating and prioritizing coastal restoration projects. They will gather feedback from these groups and the public. After considering this feedback, the conservancy will finalize and adopt the guidelines for the coastal program.
Section § 31206
This law section allows public agencies and nonprofit organizations to propose coastal restoration projects for review and potential approval by the conservancy, following specific procedures they have set.
Section § 31207
This law allows a conservancy to contribute up to $300,000 towards the cost of creating plans for coastal restoration projects.
Section § 31207.1
This law allows the conservancy to potentially purchase or secure a right to buy real property as part of a restoration project if the Legislature provides funds. The price to secure this option cannot be more than $600,000.
Section § 31208
This section outlines the process for reviewing coastal restoration plans in California. After developing a restoration plan, the conservancy sends it to the commission to make sure it fits with statewide coastal policies. The commission has 60 days to review and respond. If they don't, the plan is presumed acceptable.
If a local coastal program is certified, the review shifts to the local city or county where the plan will be implemented, given certain conditions, like the entire project being within one local jurisdiction. Local agencies also get 60 days to review for alignment with their coastal programs, after which silence indicates agreement.
If the project area involves more complex jurisdictional scenarios, like multiple local governments or areas still under commission's permit jurisdiction, the commission continues to oversee the review, ensuring consistency with both statewide policies and local programs.
Section § 31208.5
When developing coastal restoration projects in the San Francisco Bay area, the conservancy must send the proposed plan to the bay commission to check if it matches the bay plan and, if applicable, the Suisun Marsh Protection Plan. The bay commission has 60 days to review and provide feedback. If the commission doesn't respond within this time, it means they agree with the proposed plan.
Section § 31209
Section § 31210
This law allows for the costs of parks, open spaces, or other public areas to be included in the expenses for coastal restoration projects. However, these facilities must be intended for use by the residents of the restoration area and should not represent a large portion of the total project cost. Additionally, expenses for public coastal access sites and scenic easements may be included if they are part of an approved coastal restoration plan.
Section § 31211
This law section states that when the conservancy, local public agencies, and nonprofit organizations carry out coastal restoration projects, they must follow the rules and regulations set in Division 24 of the Health and Safety Code.
Section § 31212
Section § 31213
If a local public agency can't or won't restore a certain area, the conservancy can take charge of the restoration or let a nonprofit do it. This can happen after they inform the local public agency and if there's an approved coastal restoration plan for the area.
Section § 31213.5
For the San Francisco Bay, restoration projects can only start if a local public agency or the bay commission formally requests it. In Contra Costa County, only the local public agency in charge of the specific area can request restoration. Additionally, a restoration plan must be prepared and approved first.
Section § 31214
Before starting a restoration project, the plan must be reviewed by the local public agency in charge of land use where the project is planned. The agency has 90 days to review and comment on the project. If the local agency or a suitable nonprofit agrees to handle the project and follows the restoration guidelines, they can take over the project under the regulations of this division.
Section § 31215
If you want to start a restoration project, you have to make sure it's part of and financed by the state's Budget Act first.