Development ControlsGeneral Provisions
Section § 29500
If you want to do any kind of development in the marsh, you'll need to get a special permit called a marsh development permit, regardless of any other permits you might already have from state or local agencies. This has been required since January 1, 1978.
Section § 29501
This section ensures that any marsh developments planned within the designated management area need a special permit called a 'marsh development permit' from the commission. This permit replaces any other permits that might be normally required.
The commission will grant this permit if the development aligns with local protection policies or plans. After local protection programs are certified, the commission might give local governments the power to issue these permits for developments that have a minor impact.
Local governments can make decisions on permits, but these decisions can be appealed to the commission. On appeal, the commission will check if the development fits with local plans. The commission reserves the right to take back its delegated permitting power if needed.
Section § 29501.5
This law states that within a designated primary management area, a marsh development permit is not needed for projects detailed in the local protection program created by the Suisun Resource Conservation District and approved by the commission.
Section § 29502
If you're planning a development project in a secondary management area of a marsh, you need a special permit called a marsh development permit. This permit must be obtained from the local government where the development will take place unless stated otherwise in Section 29505.
The local government can handle marsh development permits using their normal process for other types of land use or development permits.
Section § 29503
This law section explains when a local government in California can issue a marsh development permit. Before the area's protection program is certified, the government can only approve a development if it aligns with the protection plan's policies and doesn't interfere with future program preparations. Once the program is certified, the government can approve developments only if they are consistent with the certified plan.
Section § 29504
If a local government makes a decision about a marsh development permit, you can generally appeal this decision to a commission, unless the application was denied outright or involves a principal use permitted by local zoning that's already approved. Before the local protection plan is certified, the commission will approve appeals if the project fits protection policies and doesn't hinder local plans. After certification, appeals are approved if conforming to local plans, excluding non-appealable actions.
Section § 29505
If you're planning development on tidelands, submerged lands, or public trust lands in California, you don't need a local government permit, but you do need a marsh development permit from the commission. This also applies to public agency developments that don't need local permits. The commission will only grant the permit if the development matches the goals of the protection plan or local protection program.
Section § 29506
This law states that any permit granted or action approved on appeal must follow specific terms and conditions. These conditions are set by the commission to make sure the development or action aligns with the law and the protection plan.
Section § 29507
This law states that if someone obtained the right to a development before January 1, 1978, or received a valid permit from the relevant commission or local government, they don't need to secure a new permit under the current division's rules. However, they can't make significant changes without getting approval first.
Anyone claiming exemption due to a vested right must notify the commission in writing by January 1, 1979. If they miss the deadline, their project will need to meet the current approval requirements. The commission will have procedures in place, including public hearings, to determine if claims for exemptions are valid, and they might ask for supporting evidence.
The commission is also responsible for informing the public about these rules, but not receiving the notice doesn't extend the deadline for filing an exemption claim.
Section § 29508
This law section explains when a marsh development permit is not required. You don't need a permit for specific situations, like improving single-family homes or doing repairs that don't expand what's being fixed. However, if any repairs might harm the environment, a permit could still be necessary. Utility connections to existing facilities also don't need a permit unless the commission sees a potential negative impact on marsh resources. Additionally, some developments or areas can be excluded from permits if the commission finds no significant negative environmental effects after public hearings.
Section § 29509
This law allows individuals performing public service to take immediate action in emergencies to protect life and public property without needing a permit first, as long as they notify the commission within three days. This is applicable in situations like natural disasters or sudden accidents. However, they cannot permanently construct structures worth more than $25,000 without permission.
For emergencies or minor improvements not covered in the first part, the commission’s executive director can issue permits without following the usual procedures.
Section § 29510
This law requires a report to the California Legislature on how appeal procedures in a specific area are working, and it must be submitted within two years after a local protection program is certified. Local governments in the area have the opportunity to review and comment on the report before it goes to the Legislature. Their feedback, along with the commission's responses, must be included in the final report.