reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 5 - Responsibilities of the Commission and Local Agencies › ARTICLE 3 - Preferential Assessment › Section 29433.

29433. (a) Notwithstanding Sections 51282, 51283, 51283.3, and 51285 of the Government Code, no contract with any person concerning land within the marsh and entered into by any local government pursuant to the California Land Conservation Act of 1965 (Williamson Act) (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code) or pursuant to subdivision (f) of Section 421 of the Revenue and Taxation Code may be canceled, nor shall a notice of nonrenewal of any such contract by any local government be effective, without the consent of the commission, if such contract was in effect on or after September 27, 1974.
(b) The commission may not consent to the cancellation or notice of nonrenewal of any such contract unless the commission finds that such cancellation or nonrenewal is consistent with the provisions of this division and the protection plan.
(c) Other than as expressly provided herein, this section does not affect the right of any person or local government relating to the renewal or nonrenewal of any such contract.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 1 - General Provisions › Section 29500.

29500. In addition to obtaining any other permit required by law from any local government or from a state, regional, or local agency, on and after January 1, 1978, any person wishing to perform or undertake any development in the marsh shall obtain a marsh development permit.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 1 - General Provisions › Section 29501.

29501. (a) Within the primary management area, a marsh development permit required under Section 29500 shall be obtained from the commission and shall be in lieu of any other permit that may be required by law from the commission.
(b) The commission shall issue a marsh development permit under this section if it finds that the proposed development is consistent with either the provisions of this division and the policies of the protection plan or the certified local protection program, if any.
(c) Subsequent to certification of the local protection program, the commission may define and delegate by regulation to the local government having jurisdiction the commission’s permit authority under this section over development that does not have significant impact on the marsh. Any local government to which the commission has delegated any part of its permit authority under this section shall issue a marsh development permit under this section if it finds the proposed development is consistent with the local protection program.
(d) Any action by a local government on an application for a marsh development permit under this section may be appealed to the commission pursuant to Section 29522. The commission, on appeal, shall issue the permit if it finds the proposed development that is the subject of the appeal is consistent with the local protection program.
(e) Any delegation by the commission of its permit authority under this section may be revoked at any time for good cause.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 1 - General Provisions › Section 29501.5.

29501.5. Notwithstanding the provisions of Section 29500, within the primary management area no marsh development permit shall be required for any development specified in the component of the local protection program prepared by the Suisun Resource Conservation District and certified by the commission pursuant to Section 29415.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 1 - General Provisions › Section 29502.

29502. (a) Except as provided in Section 29505, within the secondary management area, a marsh development permit required under Section 29500 shall be obtained from the local government having jurisdiction over the land in which the proposed development is to occur.
(b) The local government may incorporate the procedures for issuing marsh development permits into its procedures relating to the issuance of any other land use or development permit.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 1 - General Provisions › Section 29503.

29503. (a) Prior to certification of the local protection program, a local government may issue a marsh development permit pursuant to Section 29502 only if it finds that the proposed development (1) is in conformity with this division and the policies of the protection plan and (2) will not prejudice the preparation of the local protection program.
(b) Subsequent to certification, a local government may issue a marsh development permit pursuant to Section 29502 only if it finds that the proposed development is consistent with the certified local protection program.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 1 - General Provisions › Section 29504.

29504. (a) Any action taken by a local government on an application for a marsh development permit pursuant to subdivision (a) of Section 29503, except an action denying such an application, may be appealed to the commission.
(b) Except as provided in subdivision (e) of this section, any action taken by a local government on an application for a marsh development permit pursuant to subdivision (b) of Section 29503 may be appealed to the commission.
(c) Prior to certification of the local protection program, the commission, on appeal, shall issue the marsh development permit only if it finds that the proposed development that is the subject of the appeal (1) is in conformity with this division and the policies of the protection plan and (2) will not prejudice the preparation of the local protection program.
(d) Subsequent to certification of the local protection program, the commission, on appeal, shall issue the marsh development permit only if it finds the proposed development that is the subject of the appeal is in conformity with the local protection program. However, this subdivision does not authorize the commission, on appeal, to consider any action by local government on a marsh development permit which is not appealable to the commission by virtue of the provisions of subdivision (e) of this section.
(e) The following actions of a local government on an application for a marsh development permit are not appealable to the commission under this section:
(1) Any action denying an application for a marsh development permit.
(2) Any action that consists of a finding that a development is a principal permitted use under a zoning ordinance or zoning district map that has been certified by the commission as part of the local protection program and any action that authorizes such development to the extent, but only to the extent, such action is based on such finding.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 1 - General Provisions › Section 29505.

29505. No person shall be required to obtain a marsh development permit from local government for any development on tidelands, submerged lands, or other public trust lands, whether filled or unfilled, or for any development by a public agency for which a local government permit is not otherwise required, but in such a case, a marsh development permit shall be obtained from the commission. The commission shall issue a marsh development permit pursuant to this section if the commission finds that the proposed development is consistent with either this division and the policies of the protection plan or the certified local protection program, if any.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 1 - General Provisions › Section 29506.

29506. Any permit that is issued or any development or action that is approved on appeal pursuant to this division shall be subject to such reasonable terms and conditions as the commission determines will ensure that such development or action will be in accordance with the provisions of this division and the protection plan.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 1 - General Provisions › Section 29507.

29507. (a) No person who has obtained a vested right in a development prior to January 1, 1978, or who has obtained a valid permit for development from the commission pursuant to Title 7.2 (commencing with Section 66600) of the Government Code or from the commission or any local government pursuant to former Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code shall be required to secure a permit for the development pursuant to this division. However, no substantial change may be made in any such development or with respect to the activity authorized by such a permit without prior approval having been obtained under this division.
(b) Any person who claims a vested right in a development and thereby an exemption from the requirements of this division shall, on or before January 1, 1979, notify the commission in writing by filing a claim of exemption with the commission. If any person does not file a claim of exemption on or before that date the development of such person shall be subject to the approval requirements of this division.
(c) The commission shall establish, by regulation, procedures, including public hearings, for determining claims of exemption and may require documentation or other competent evidence, including declarations under penalty of perjury or affidavits, to support any such claim.
(d) The commission shall take reasonable steps to notify persons of the provisions of this section, but the fact that any person did not receive such notice shall not extend the period within which a claim of exemption must be filed under this section.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 1 - General Provisions › Section 29508.

29508. Notwithstanding any provision of this division to the contrary, no marsh development permit shall be required pursuant to this chapter for the following types of development and in the following areas:
(a) Improvement to existing single-family residences.
(b) Repair, replacement, reconstruction, or maintenance that does not result in an addition to, or enlargement or expansion of, the object of such repair, replacement, reconstruction, or maintenance. However, if the commission determines that certain types of repair, replacement, reconstruction, or maintenance activities involve a risk of substantial adverse environmental impact, it shall require, by regulation, that a permit be obtained under this chapter.
(c) The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any other development for which a marsh development permit is required and has been issued pursuant to this division. However, the commission may, whenever it deems necessary, require, as a condition to the issuance of such a permit, reasonable measures for the mitigation of any adverse impacts on marsh resources, including scenic resources.
(d) Any category of development, or any category of development within a specifically defined geographic area, that the commission, by regulation, after public hearings, and by a two-thirds vote of its members, has described or identified and with respect to which the commission has found that there is no potential for any significant adverse effect, either individually or cumulatively, on the resources of the marsh and that such exclusion will not impair the ability of any local government or district or the Solano County Local Agency Formation Commission to prepare its component of the local protection program.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 1 - General Provisions › Section 29509.

29509. (a) When immediate action by a person performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, levees, dikes, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, no permit from the commission shall be required prior to commencing such action if within three days of the disaster or the discovery of the danger, whichever occurs first, the person performing such action notifies the executive director of the commission of the type and location of the work undertaken pursuant to such action. Upon such notification, the executive director of the commission may waive the requirements for a permit or other authorization for such work. However, this section does not authorize the permanent erection of structures valued at more than twenty-five thousand dollars ($25,000).
(b) The commission shall provide, by regulation, for the issuance of marsh development permits by the executive director of the commission, without compliance with the procedures specified in this chapter, in cases of emergency, other than an emergency as provided in subdivision (a) of this section, or for minor repairs or improvements.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 1 - General Provisions › Section 29510.

29510. Not later than two years following certification of the local protection program, the commission shall report to the Legislature regarding the operation of the appellate procedure in the secondary management area, as provided in subdivision (b) of Section 29504. Not less than 60 days prior to the date on which the report is required to be submitted to the Legislature, the report shall be made available, for review and comment, to each local government having jurisdiction within the marsh. Not later than 30 days prior to the date on which the report is required to be submitted to the Legislature, any comments by a local government shall be submitted to the commission. Each such comment shall be included in the commission’s report, together with the commission’s response thereto.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 2 - Development Control Procedures › Section 29520.

29520. (a) Except as expressly provided in this division, the commission shall use the procedures set forth in Title 7.2 (commencing with Section 66600) of the Government Code for the submission, review, and issuance by the commission of marsh development permits and claims of exemption.
(b) The commission or any local government may require a reasonable filing fee and the reimbursement of expenses for the processing by the commission or the local government of any application by any person for a marsh development permit under this division. The funds received under this subdivision shall be deposited in the General Fund and shall be available for expenditure by the commission only when appropriated by the Legislature therefor.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 2 - Development Control Procedures › Section 29521.

29521. Not later than March 1, 1978, the commission shall adopt procedures for the submission, review, and appeal of applications for marsh development permits to be issued by local government. Such procedures shall include reasonable provisions for notification to the commission and other interested persons of any action by a local government pursuant to this division in sufficient detail to assure that a preliminary review of such action for conformity with the provisions of this division can be made.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 2 - Development Control Procedures › Section 29522.

29522. (a) Any appealable action on a marsh development permit for any development by a local government may be appealed to the commission by any aggrieved person or by any two members of the commission. Such action shall become final after the 20th working day after receipt of the notice required by Section 29521, unless an appeal is filed within that time.
(b) If an appeal of any action on a development by any local government is filed with the commission, the operation and effect of such action shall be stayed pending the commission’s decision on the appeal.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 2 - Development Control Procedures › Section 29523.

29523. The commission shall hear an appeal unless it determines that the appeal raises no substantial issue as to the conformity of the proposed development with the provisions of this division, the local protection program, if in existence, and the policies of the protection plan.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 6 - Development Controls › ARTICLE 2 - Development Control Procedures › Section 29524.

29524. (a) The commission shall provide for a public hearing de novo on any appeal brought pursuant to this division and shall give to any affected person a written public notice of the nature of the proceeding and of the time and place of the public hearing. Notice shall also be given to any person who requests, in writing, such notice. A hearing on any appeal shall be set not earlier than 21 days nor later than 42 days after the date on which the appeal is filed with the commission.
(b) The commission shall act upon an appeal within 21 days after the conclusion of the hearing pursuant to subdivision (a) and may approve, modify, or deny the application for the proposed development; and if no action is taken within the time limits specified in this subdivision and subdivision (a), the decision of the local government shall become final.
(c) Thirteen affirmative votes of members of the commission, or of the commission hearing an appeal, are required to grant a permit. Neither of the federal representatives who are members of the commission may vote on whether or not a permit shall be granted.
(d) The applicant for a marsh development permit may waive any time limits prescribed in this section.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 7 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 29601.

29601. The provisions of Chapter 4 (commencing with Section 66630) of Title 7. 2 of the Government Code relating to cease and desist orders and penalties for violations thereof shall apply to all development for which a marsh development permit from the commission, or the commission hearing an appeal, may be required under this division.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 7 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 29602.

29602. Any aggrieved person may seek judicial review of any decision or action of the commission by filing a petition for a writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure within 60 days after such decision or action has become final.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 7 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 29603.

29603. Any aggrieved person, including an applicant for a marsh development permit, or the commission, may seek judicial review of any decision made or any action taken pursuant to this division by a local government that is implementing the certified local protection program, or any component thereof, whether or not such decision or action has been appealed to the commission, by filing a petition for writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure within 60 days after the decision or action has become final. The commission may intervene in any such proceeding upon a showing that the matter involves a question of the conformity of a proposed development with the certified local protection program, or any component thereof, or the validity of any action taken by a local government to implement or amend the local protection program, or any component thereof. Any local government may request that the commission intervene. Notice of any such action against a local government shall be filed with the commission within five working days of the filing of such action. When an action is brought challenging the validity of the local protection program, or any component thereof or any amendment thereto, a preliminary showing shall be made prior to proceeding on the merits as to why such action should not have been brought pursuant to the provisions of Section 29602.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 7 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 29604.

29604. Any person may maintain an action to enforce the duties specifically imposed upon the commission, any governmental agency, any district, or any local government by this division. No bond shall be required for an action under this section.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 7 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 29605.

29605. Any person may maintain an action for the recovery of civil penalties provided in Section 29610 or 29611. Any penalties so recovered shall inure to the state and shall be deposited in the Bay Fill Clean-up and Abatement Fund established pursuant to Section 66647 of the Government Code. However, the person recovering such penalties shall be entitled to reimbursement for reasonable attorney’s fees out of the penalties so recovered.
(Amended by Stats. 1982, Ch. 413, Sec. 5.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 7 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 29606.

29606. Any civil action under this division by or against a city or county, the commission, a district, or any other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city, district, or other public agency which is a party to the action is located.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 7 - Judicial Review, Enforcement, and Penalties › ARTICLE 2 - Penalties › Section 29610.

29610. (a) Any person who intentionally or negligently violates any provision of this division shall be subject to a civil fine of not to exceed five thousand dollars ($5,000).
(b) In addition to any other penalties, any person who intentionally and knowingly commences any development in violation of this division shall be subject to a civil fine of not less than fifty dollars ($50) and no more than five thousand dollars ($5,000) per day for each day in which such violation occurs.
(c) If any person negligently or intentionally violates a cease and desist order issued pursuant to Section 29601, then the penalties provided in subdivisions (a) and (b) of this section shall not apply and the penalties provided in Section 66641 of the Government Code shall apply.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 7 - Judicial Review, Enforcement, and Penalties › ARTICLE 2 - Penalties › Section 29611.

29611. Except as provided in Section 818 of the Government Code, whenever a person has intentionally and knowingly violated any provision of this division, the commission may maintain an action, in addition to an action under Section 29610, for the recovery of exemplary damages. In determining the amount to be awarded, the court shall consider the amount of such damages necessary to deter further violations.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 7 - Judicial Review, Enforcement, and Penalties › ARTICLE 2 - Penalties › Section 29612.

29612. Any moneys recovered by the commission under this article shall be deposited in the Bay Fill Clean-up and Abatement Fund established pursuant to Section 66647 of the Government Code.
(Amended by Stats. 1982, Ch. 413, Sec. 6.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29700.

29700. This division shall be known, and may be cited, as the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29701.

29701. The Legislature finds and declares that the Sacramento-San Joaquin Delta is a natural resource of statewide, national, and international significance, containing irreplaceable resources, and it is the policy of the state to recognize, preserve, and protect those resources of the delta for the use and enjoyment of current and future generations.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29702.

29702. The Legislature further finds and declares that the basic goals of the state for the Delta are the following:
(a) Achieve the two coequal goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place.
(b) Protect, maintain, and, where possible, enhance and restore the overall quality of the Delta environment, including, but not limited to, agriculture, wildlife habitat, and recreational activities.
(c) Ensure orderly, balanced conservation and development of Delta land resources.
(d) Improve flood protection by structural and nonstructural means to ensure an increased level of public health and safety.
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 1. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29703.

29703. The Legislature further finds and declares as follows:
(a) The delta is an agricultural region of great value to the state and nation and the retention and continued cultivation and production of fertile peatlands and prime soils are of significant value.
(b) The agricultural land of the delta, while adding greatly to the economy of the state, also provides a significant value as open space and habitat for water fowl using the Pacific Flyway, as well as other wildlife, and the continued dedication and retention of that delta land in agricultural production contributes to the preservation and enhancement of open space and habitat values.
(c) Agricultural lands located within the primary zone should be protected from the intrusion of nonagricultural uses.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29703.5.

29703.5. The Legislature further finds and declares both of the following:
(a) The Delta Protection Commission created pursuant to Section 29735 provides an existing forum for Delta residents to engage in decisions regarding actions to recognize and enhance the unique cultural, recreational, and agricultural resources of the Delta. As such, the commission is the appropriate agency to identify and provide recommendations to the Delta Stewardship Council on methods of preserving the Delta as an evolving place as the Delta Stewardship Council develops and implements the Delta Plan.
(b) There is a need for the five Delta counties to establish and implement a resources management plan for the Delta and for the Delta Stewardship Council to consider that plan and recommendations of the commission in the adoption of the Delta Plan.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 2. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29704.

29704. The Legislature further finds and declares that the leveed islands and tracts of the delta and portions of its uplands are floodprone areas of critical statewide significance due to the public safety risks and the costs of public emergency responses to floods, and that improvement and ongoing maintenance of the levee system is a matter of continuing urgency to protect farmlands, population centers, the state’s water quality, and significant natural resource and habitat areas of the delta. The Legislature further finds that improvements and continuing maintenance of the levee system will not resolve all flood risks and that the delta is inherently a floodprone area wherein the most appropriate land uses are agriculture, wildlife habitat, and, where specifically provided, recreational activities, and that most of the existing levee systems are degraded and in need of restoration, improvement, and continuing management.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29705.

29705. The Legislature further finds and declares that the delta’s wildlife and wildlife habitats, including waterways, vegetated unleveed channel islands, wetlands, and riparian forests and vegetation corridors, are highly valuable, providing critical wintering habitat for waterfowl and other migratory birds using the Pacific Flyway, as well as certain plant species, various rare and endangered wildlife species of birds, mammals, and fish, and numerous amphibians, reptiles, and invertebrates, that these wildlife species and their habitat are valuable, unique, and irreplaceable resources of critical statewide significance, and that it is the policy of the state to preserve and protect these resources and their diversity for the enjoyment of current and future generations.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29706.

29706. The Legislature further finds and declares that the resource values of the delta have deteriorated, and that further deterioration threatens the maintenance and sustainability of the delta’s ecology, fish and wildlife populations, recreational opportunities, and economic productivity.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29707.

29707. The Legislature further finds and declares that there is no process by which state and national interests and values can be protected and enhanced for the delta, and that, to protect the regional, state, and national interests for the long-term agricultural productivity, economic vitality, and ecological health of the delta resources, it is necessary to provide and implement delta land use planning and management by local governments.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29708.

29708. The Legislature further finds and declares that the cities, towns, and settlements within the delta are of significant historical, cultural, and economic value and that their continued protection is important to the economic and cultural vitality of the region.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29709.

29709. The Legislature further finds and declares as follows:
(a) Regulation of land use and related activities that threaten the integrity of the delta’s resources can best be advanced through comprehensive regional land use planning implemented through reliance on local government in its local land use planning procedures and enforcement.
(b) In order to protect regional, state, and national interests in the long-term agricultural productivity, economic vitality, and ecological health of delta resources, it is important that there be a coordination and integration of activities by the various agencies whose land use activities and decisions cumulatively impact the delta.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29710.

29710. The Legislature further finds and declares that agricultural, recreational, and other uses of the delta can best be protected by implementing projects that protect wildlife habitat before conflicts arise.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29711.

29711. The Legislature further finds and declares that the inland ports of Sacramento and Stockton constitute economic and water dependent resources of statewide significance, fulfill essential functions in the maritime industry, and have long been dedicated to transportation, agricultural, commercial, industrial, manufacturing, and navigation uses consistent with federal, state, and local regulations, and that those uses should be maintained and enhanced.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29712.

29712. The Legislature further finds and declares as follows:
(a) The delta’s waterways and marinas offer recreational opportunities of statewide and local significance and are a source of economic benefit to the region, and, due to increased demand and usage, there are public safety problems associated with that usage requiring increased coordination by all levels of government.
(b) Recreational boating within the delta is of statewide and local significance and is a source of economic benefit to the region, and to the extent of any conflict or inconsistency between this division and any provisions of the Harbors and Navigation Code, regarding regulating the operation or use of boating in the delta, the provisions of the Harbors and Navigation Code shall prevail.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29713.

29713. The Legislature further finds and declares that the voluntary acquisition of wildlife and agricultural conservation easements in the delta promotes and enhances the traditional delta values of agriculture, habitat, and recreation.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29714.

29714. The Legislature further finds and declares that, in enacting this division, it is not the intent of the Legislature to authorize any governmental agency acting pursuant to this division to exercise their power in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the California Constitution or the United States Constitution.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29715.

29715. To the extent of any conflict or inconsistency between this division and any provision of the Water Code, the provisions of the Water Code shall prevail.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 1 - Findings and Declarations › Section 29716.

29716. Nothing in this division authorizes the commission to exercise any jurisdiction over matters within the jurisdiction of, or to carry out its powers and duties in conflict with the powers and duties of, any other state agency.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29720.

29720. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29720.5.

29720.5. “Aggrieved person” has the same meaning as defined in Section 29117.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29722.

29722. “Delta” means the Sacramento-San Joaquin Delta, as defined in Section 12220 of the Water Code, for all provisions of this division, other than Chapter 3 (commencing with Section 29735). For the purposes of Chapter 3 (commencing with Section 29735), “delta” means the area of the delta minus the area contained in Alameda County.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29722.5.

29722.5. “Delta Plan” means the plan adopted by the Delta Stewardship Council pursuant to Section 85300 of the Water Code.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 3. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29722.7.

29722.7. “Economic sustainability plan” means the plan adopted by the commission pursuant to Section 29759.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 4. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29724.

29724. “Local agency” means any local agency, other than a local government, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries or which maintains facilities within the delta. “Local agency” includes, but is not limited to, a port, water agency, flood control district, county service area, maintenance district or area, improvement district or improvement area, mosquito abatement district, resource conservation district, irrigation district, reclamation district, sanitary or sewer district, or any other zone or area, formed for the purpose of designating an area within which either an assessment or a property tax rate will be levied to pay for a service or improvement benefiting that area or a special function will be carried out within that area.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29725.

29725. “Local government” means the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo, and the Cities of Sacramento, Stockton, Tracy, Antioch, Pittsburg, Isleton, Lathrop, Brentwood, West Sacramento, and Oakley, and any other cities that may be incorporated in the future in the primary zone.
(Amended by Stats. 2010, Ch. 39, Sec. 1. (AB 1677) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29726.

29726. “Pacific Flyway” means the identified migratory bird flight path, including feeding and nesting habitat, as described in the Central Valley Habitat Joint Venture component of the North American Waterfowl Management Plan (NAWMP-1986).
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29727.

29727. “Port” means the Port of Sacramento and the Port of Stockton, including all the land owned or leased by those ports, or potential sites identified in the Delta county general plans as of January 1, 2010, and otherwise authorized by law.
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 6. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29728.

29728. “Primary zone” means the delta land and water area of primary state concern and statewide significance which is situated within the boundaries of the delta, as described in Section 12220 of the Water Code, but that is not within either the urban limit line or sphere of influence line of any local government’s general plan or currently existing studies, as of January 1, 1992. The precise boundary lines of the primary zone includes the land and water areas as shown on the map titled “Delta Protection Zones” on file with the State Lands Commission. Where the boundary between the primary zone and secondary zone is a river, stream, channel, or waterway, the boundary line shall be the middle of that river, stream, channel, or waterway.
(Amended by Stats. 1998, Ch. 829, Sec. 46. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29728.5.

29728.5. “Resources management plan” means the plan adopted by the commission pursuant to Section 29760.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 7. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29730.

29730. “Restoration” means actions which return a degraded or deteriorated area to a level of increased productivity, environmental quality, or beneficial values.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29731.

29731. “Secondary zone” means all the delta land and water area within the boundaries of the delta not included within the primary zone, subject to the land use authority of local government, and that includes the land and water areas as shown on the map titled “Delta Protection Zones” on file with the State Lands Commission.
(Amended by Stats. 1998, Ch. 829, Sec. 47. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29732.

29732. “Sphere of influence line” refers to those boundaries of local governments as defined in Sections 56425 and 56426 of the Government Code.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29733.

29733. “Unincorporated towns” means the communities of Walnut Grove, Clarksburg, Courtland, Hood, Locke, Knightsen, Collinsville, and Ryde.
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 8. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 2 - Definitions › Section 29734.

29734. “Urban limit line” means that general plan line established and approved by any local government within the delta which delineates boundaries beyond which urban development is not publicly proposed by local government, as of January 1, 1992.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)