reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 7 - Development Controls › ARTICLE 2 - Development Control Procedures › Section 30624.9.

30624.9. (a) For purposes of this section, “minor development” means a development which a local government determines satisfies all of the following requirements:
(1) Is consistent with the certified local coastal program, as defined in Section 30108.6.
(2) Requires no discretionary approvals other than a coastal development permit.
(3) Has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.
(b) After certification of its local coastal program, a local government may waive the requirement for a public hearing on a coastal development permit application for a minor development only if both of the following occur:
(1) Notice that a public hearing shall be held upon request by any person is provided to all persons who would otherwise be required to be notified of a public hearing as well as any other persons known to be interested in receiving notice.
(2) No request for public hearing is received by the local government within 15 working days from the date of sending the notice pursuant to paragraph (1).
(c) The notice provided pursuant to subdivision (b) shall include a statement that failure by a person to request a public hearing may result in the loss of that person’s ability to appeal to the commission any action taken by a local government on a coastal development permit application.
(Added by Stats. 1995, Ch. 669, Sec. 5. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 7 - Development Controls › ARTICLE 2 - Development Control Procedures › Section 30625.

30625. (a) Except as otherwise specifically provided in subdivision (a) of Section 30602, any appealable action on a coastal development permit or claim of exemption for any development by a local government or port governing body may be appealed to the commission by an applicant, any aggrieved person, or any two members of the commission. The commission may approve, modify, or deny such proposed development, and if no action is taken within the time limit specified in Sections 30621 and 30622, the decision of the local government or port governing body, as the case may be, shall become final, unless the time limit in Section 30621 or 30622 is waived by the applicant.
(b) The commission shall hear an appeal unless it determines the following:
(1) With respect to appeals pursuant to subdivision (a) of Section 30602, that no substantial issue exists as to conformity with Chapter 3 (commencing with Section 30200).
(2) With respect to appeals to the commission after certification of a local coastal program, that no substantial issue exists with respect to the grounds on which an appeal has been filed pursuant to Section 30603.
(3) With respect to appeals to the commission after certification of a port master plan, that no substantial issue exists as to conformity with the certified port master plan.
(c) Decisions of the commission, where applicable, shall guide local governments or port governing bodies in their future actions under this division.
(Amended by Stats. 1991, Ch. 285, Sec. 41.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 7 - Development Controls › ARTICLE 2 - Development Control Procedures › Section 30626.

30626. The commission may, by regulation, provide for the reconsideration of the terms and conditions of any coastal development permit granted by the commission solely for the purpose of correcting any information contained in those terms and conditions.
(Amended by Stats. 1991, Ch. 285, Sec. 42.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 7 - Development Controls › ARTICLE 2 - Development Control Procedures › Section 30627.

30627. (a) The commission shall, by regulation, provide procedures which the commission shall use in deciding whether to grant reconsideration of any of the following:
(1) Any decision to deny an application for a coastal development permit.
(2) Any term or condition of a coastal development permit which has been granted.
(b) The procedures required by subdivision (a) shall include at least the following provisions:
(1) Only an applicant for a coastal development permit shall be eligible to request reconsideration.
(2) The request for reconsideration shall be made within 30 days of the decision on the application for a coastal development permit.
(3) The basis of the request for reconsideration shall be either that there is relevant new evidence which, in the exercise of reasonable diligence, could not have been presented at the hearing on the matter or that an error of fact or law has occurred which has the potential of altering the initial decision.
(4) The commission shall have the discretion to grant or deny requests for reconsideration.
(c) A decision to deny a request for reconsideration is not subject to appeal.
(d) This section shall not alter any right otherwise provided by this division to appeal an action ; provided, that a request for reconsideration shall be made only once for any one development application, and shall, for purposes of any time limits specified in Sections 30621 and 30622, be considered a new application.
(Amended by Stats. 1991, Ch. 285, Sec. 43.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 1 - Findings and General Provisions › Section 30700.

30700. For purposes of this division, notwithstanding any other provisions of this division except as specifically stated in this chapter, this chapter shall govern those portions of the Ports of Hueneme, Long Beach, Los Angeles, and San Diego Unified Port District located within the coastal zone, but excluding any wetland, estuary, or existing recreation area indicated in Part IV of the coastal plan.
(Amended by Stats. 1981, Ch. 714, Sec. 384.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 1 - Findings and General Provisions › Section 30700.5.

30700.5. The definitions of Chapter 2 (commencing with Section 30100) and the provisions of Chapter 9 (commencing with Section 30800) and Section 30900 shall apply to this chapter.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 1 - Findings and General Provisions › Section 30701.

30701. The Legislature finds and declares that:
(a) The ports of the State of California, including the Humboldt Bay Harbor, Recreation, and Conservation District, constitute one of the state’s primary economic and coastal resources and are an essential element of the national maritime industry.
(b) The location of the commercial port districts within the State of California, including the Humboldt Bay Harbor, Recreation, and Conservation District, are well established, and for many years such areas have been devoted to transportation and commercial, industrial, and manufacturing uses consistent with federal, state, and local regulations. Coastal planning requires no change in the number or location of the established commercial port districts. Existing ports, including the Humboldt Bay Harbor, Recreation, and Conservation District, should be encouraged to modernize and construct necessary facilities within their boundaries in order to minimize or eliminate the necessity for future dredging and filling to create new ports in new areas of the state.
(c) Existing ports, including the Humboldt Bay Harbor, Recreation, and Conservation District, should be encouraged to pursue development that contributes to the construction and deployment of offshore wind energy generation facilities, consistent with the policies of this division.
(Amended by Stats. 2023, Ch. 292, Sec. 5. (SB 704) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 2 - Policies › Section 30702.

30702. 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.
(Amended by Stats. 1976, Ch. 1331.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 2 - Policies › Section 30703.

30703. 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.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 2 - Policies › Section 30705.

30705. (a) Water areas may be diked, filled, or dredged when consistent with a certified port master plan only for the following:
(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) New or expanded facilities or waterfront land for port-related facilities.
(3) New or expanded commercial fishing facilities or recreational boating facilities.
(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) Mineral extraction, including sand for restoring beaches, except in biologically sensitive areas.
(6) Restoration purposes or creation of new habitat areas.
(7) Nature study, mariculture, or similar resource-dependent activities.
(8) Minor fill for improving shoreline appearance or public access to the water.
(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) 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) For water areas to be diked, filled, or dredged, the commission shall balance and consider socioeconomic and environmental factors.
(Amended by Stats. 1984, Ch. 310, Sec. 2. Effective July 6, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 2 - Policies › Section 30706.

30706. 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) The water area to be filled shall be the minimum necessary to achieve the purpose of the fill.
(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)  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) The fill is consistent with navigational safety.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 2 - Policies › Section 30707.

30707. New or expanded tanker terminals shall be designed and constructed to do all of the following:
(a) Minimize the total volume of oil spilled.
(b) Minimize the risk of collision from movement of other vessels.
(c) Have ready access to the most effective feasible oilspill containment and recovery equipment.
(d) Have onshore deballasting facilities to receive any fouled ballast water from tankers where operationally or legally required.
(Amended by Stats. 1976, Ch. 1331.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 2 - Policies › Section 30708.

30708. All port-related developments shall be located, designed, and constructed so as to:
(a) Minimize substantial adverse environmental impacts.
(b) Minimize potential traffic conflicts between vessels.
(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) 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) Encourage rail service to port areas and multicompany use of facilities.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 3 - Implementation; Master Plan › Section 30710.

30710. Within 90 days after January 1, 1977, the commission shall, after public hearing, adopt, certify, and file with each port governing body a map delineating the present legal geographical boundaries of each port’s jurisdiction within the coastal zone. The commission shall, within such 90-day period, adopt and certify after public hearing, a map delineating boundaries of any wetland, estuary, or existing recreation area indicated in Part IV of the coastal plan within the geographical boundaries of each port.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 3 - Implementation; Master Plan › Section 30711.

30711. (a) A port master plan that carries out the provisions of this chapter shall be prepared and adopted by each port governing body, and for informational purposes, each city, county, or city and county which has a port within its jurisdiction shall incorporate the certified port master plan in its local coastal program. A port master plan shall include all of the following:
(1) The proposed uses of land and water areas, where known.
(2) The projected design and location of port land areas, water areas, berthing, and navigation ways and systems intended to serve commercial traffic within the area of jurisdiction of the port governing body.
(3) An estimate of the effect of development on habitat areas and the marine environment, a review of existing water quality, habitat areas, and quantitative and qualitative biological inventories, and proposals to minimize and mitigate any substantial adverse impact.
(4) Proposed projects listed as appealable in Section 30715 in sufficient detail to be able to determine their consistency with the policies of Chapter 3 (commencing with Section 30200) of this division.
(5) Provisions for adequate public hearings and public participation in port planning and development decisions.
(b) A port master plan shall contain information in sufficient detail to allow the commission to determine its adequacy and conformity with the applicable policies of this division.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 3 - Implementation; Master Plan › Section 30712.

30712. In the consideration and approval of a proposed port master plan, the public, interested organizations, and governmental agencies shall be encouraged to submit relevant testimony, statements, and evidence which shall be considered by the port governing body. The port governing body shall publish notice of the completion of the draft master plan and submit a copy thereof to the commission and shall, upon request, provide copies to other interested persons, organizations, and governmental agencies. Thereafter, the port governing body shall hold a public hearing on the draft master plan not earlier than 30 days and not later than 90 days following the date the notice of completion was published.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 3 - Implementation; Master Plan › Section 30714.

30714. After public notice, hearing, and consideration of comments and testimony received pursuant to Sections 30712 and 30713, the port governing body shall adopt its master plan and submit it to the commission for certification in accordance with this chapter. Within 90 days after the submittal, the commission, after public hearing, shall certify the plan or portion of a plan and reject any portion of a plan which is not certified. The commission may not modify the plan as submitted as a condition of certification. If the commission rejects any portion of a plan, it shall base that rejection upon written findings of fact and conclusion of law. If the commission fails to take action within the 90-day period, the port master plan shall be deemed certified. The commission shall certify the plan, or portion of a plan, if the commission finds both of the following:
(a) The master plan, or certified portions thereof, conforms with and carries out the policies of this chapter.
(b) Where a master plan, or certified portions thereof, provide for any of the developments listed as appealable in Section 30715, the development or developments are in conformity with all of the policies of Chapter 3 (commencing with Section 30200).
(Amended by Stats. 1981, Ch. 651, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 3 - Implementation; Master Plan › Section 30715.

30715. (a) Until such time as a port master plan or any portion thereof has been certified, the commission shall permit developments within ports as provided for in Chapter 7 (commencing with Section 30600). After a port master plan or any portion thereof has been certified, the permit authority of the commission provided in Chapter 7 (commencing with Section 30600) shall no longer be exercised by the commission over any new development contained in the certified plan or any portion thereof and shall at that time be delegated to the appropriate port governing body, except that approvals of any of the following categories of development by the port governing body may be appealed to the commission:
(1) Developments for the storage, transmission, and processing of liquefied natural gas and crude oil in such quantities as would have a significant impact upon the oil and gas supply of the state or nation or both the state and nation. A development which has a significant impact shall be defined in the master plans.
(2) Waste water treatment facilities, except for those facilities which process waste water discharged incidental to normal port activities or by vessels.
(3) Roads or highways which are not principally for internal circulation within the port boundaries.
(4) Office and residential buildings not principally devoted to the administration of activities within the port; hotels, motels, and shopping facilities not principally devoted to the sale of commercial goods utilized for water-oriented purposes; commercial fishing facilities; and recreational small craft marina related facilities.
(5) Oil refineries.
(6) Petrochemical production plants.
(b) If maintenance dredging is part of, or is associated with, any category of development specified in paragraphs (1) to (6), inclusive, of subdivision (a), the commission shall not consider that maintenance dredging in its review and approval of those categories.
(Amended by Stats. 1983, Ch. 584, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 3 - Implementation; Master Plan › Section 30715.5.

30715.5. No development within the area covered by the certified port master plan shall be approved by the port governing body unless it finds that the proposed development conforms with such certified plan.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 3 - Implementation; Master Plan › Section 30717.

30717. The governing bodies of ports shall inform and advise the commission in the planning and design of appealable developments authorized under this chapter, and prior to commencement of any appealable development, the governing body of a port shall notify the commission and other interested persons, organizations, and governmental agencies of the approval of a proposed appealable development and indicate how it is consistent with the appropriate port master plan and this division. An approval of the appealable development by the port governing body pursuant to a certified port master plan shall become effective after the 10th working day after notification of its approval, unless an appeal is filed with the commission within that time. Appeals shall be filed and processed by the commission in the same manner as appeals from local government actions as set forth in Chapter 7 (commencing with Section 30600) of this division. No appealable development shall take place until the approval becomes effective.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 3 - Implementation; Master Plan › Section 30718.

30718. For developments approved by the commission in a certified master plan, but not appealable under the provisions of this chapter, the port governing body shall forward all environmental impact reports and negative declarations prepared pursuant to the Environmental Quality Act of 1970 (commencing with Section 21000) or any environmental impact statements prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) to the commission in a timely manner for comment.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 3 - Implementation; Master Plan › Section 30719.

30719. Any development project or activity authorized or approved pursuant to the provisions of this chapter shall be deemed certified by the commission as being in conformity with the coastal zone management program insofar as any such certification is requested by any federal agency pursuant to the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), National Oceanic and Atmospheric Administration, and memoranda of understanding between the state and federal governments relative thereto.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 3 - Implementation; Master Plan › Section 30720.

30720. If the application of any port master plan or part thereof is prohibited or stayed by any court, the permit authority provided for in Chapter 7 (commencing with Section 30600) shall be reinstated in the commission. The reinstated permit authority shall apply as to any development which would be affected by the prohibition or stay.
(Amended by Stats. 1991, Ch. 285, Sec. 44.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 8 - Ports › ARTICLE 3 - Implementation; Master Plan › Section 30721.

30721. (a) The Legislature recognizes that Port Hueneme is unique in its relationship to the coast in that it is the only deep water port operated by a harbor district, and is without access to city or county funds. Therefore, the governing body of Port Hueneme may claim reimbursement of costs it incurs in the preparation and certification of a port master plan as required by this chapter.
(b) Prior to submitting any claim for reimbursement, the governing body of the port shall submit its proposed claims to the executive director of the commission for review and approval and shall provide adequate documentation to enable the executive director to make the following determinations:
(1) That the work done was directly attributable to the operation of this chapter.
(2) That the work done is reasonably related to, and appears to be necessary for, the preparation of a certifiable port master plan for the geographic area within the port’s jurisdiction as identified by the commission pursuant to Section 30710.
(3) That the governing body of a port is not reimbursed for the costs of the work from any other source.
The executive director of the commission shall, within 60 days after receipt of the necessary information, approve the proposed claim, if the director can make the determinations set forth in this subdivision.
(c) After a proposed claim has been reviewed and approved by the executive director of the commission pursuant to subdivision (b), the governing body of the port may submit its claim for reimbursement to the Controller who shall then process and pay any such claim as provided for in Section 2231 of the Revenue and Taxation Code.
(Added by Stats. 1978, Ch. 741.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 30801.

30801. (a) Any aggrieved person shall have a right to judicial review of any decision or action of the commission by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure, within 60 days after the decision or action has become final.
(b) For purposes of this section and subdivision (c) of Section 30513 and Section 30625, an “aggrieved person” means any person who, in person or through a representative, appeared at a public hearing of the commission, local government, or port governing body in connection with the decision or action appealed, or who, by other appropriate means before a hearing, informed the commission, local government, or port governing body of the nature of their concerns or who for good cause was unable to do either. “Aggrieved person” includes the applicant for a permit and, in the case of an approval of a local coastal program, the local government involved.
(Amended by Stats. 2022, Ch. 97, Sec. 21. (SB 1497) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 30802.

30802. Any person, including an applicant for a permit or the commission, aggrieved by the decision or action of a local government that is implementing a certified local coastal program or certified port master plan, or is exercising its powers pursuant to Section 30600.5, which decision or action may not be appealed to the commission, shall have a right to judicial review of such decision or action 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 a certified local coastal program or certified port master plan or the validity of a local government action taken to implement a local coastal program or certified port master plan. Any local government or port governing body may request that the commission intervene. Notice of this action against a local government or port governing body shall be filed with the commission within five working days of the filing of this action. When an action is brought challenging the validity of a local coastal program or certified port master plan, 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 30801.
(Amended by Stats. 1981, Ch. 1173, Sec. 26.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 30803.

30803. (a) Any person may maintain an action for declaratory and equitable relief to restrain any violation of this division, of a cease and desist order issued pursuant to Section 30809 or 30810, or of a restoration order issued pursuant to Section 30811. On a prima facie showing of a violation of this division, preliminary equitable relief shall be issued to restrain any further violation of this division. No bond shall be required for an action under this section.
(b) A court may stay the operation of the cease and desist order after it provides notice to the commission and holds a hearing. Any such stay may be imposed or continued only if it is not against the public interest.
(Amended by Stats. 1993, Ch. 1199, Sec. 1. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 30804.

30804. Any person may maintain an action to enforce the duties specifically imposed upon the commission, any governmental agency, any special district, or any local government by this division. No bond shall be required for an action under this section.
(Amended by Stats. 1991, Ch. 285, Sec. 46.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 30805.

30805. Any person may maintain an action for the recovery of civil penalties provided for in Section 30820 or 30821.6.
(Amended by Stats. 1993, Ch. 1199, Sec. 2. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 30805.5.

30805.5. Any action pursuant to Sections 30805 or 30822 to recover civil fines or penalties under this chapter shall be commenced not later than three years from the date on which the cause of action for the recovery is known or should have been known.
(Added by Stats. 1993, Ch. 1199, Sec. 3. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 30806.

30806. (a) Any civil action under this division by, or against, a city, county, or city and county, the commission, special 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, special district, or any other public agency which is a party to the action is located.
(b) In any action brought by or against any local government, other than an action brought by or against the commission, that involves the enforcement or implementation of its certified local coastal program, the Department of Justice shall, upon the request of the local government, provide such legal assistance as its resources permit.
(Amended by Stats. 1991, Ch. 285, Sec. 47.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 30808.

30808. In addition to any other remedy provided by this article, any person, including the commission may bring an action to restrain a violation of the terms and conditions of an urban exclusion imposed pursuant to Section 30610.5. In any such action the court may grant whatever relief it deems appropriate to ensure compliance with the terms and conditions of the urban exclusion.
(Added by Stats. 1976, Ch. 1440.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 30809.

30809. (a) If the executive director determines that any person or governmental agency has undertaken, or is threatening to undertake, any activity that (1) may require a permit from the commission without securing a permit or (2) may be inconsistent with any permit previously issued by the commission, the executive director may issue an order directing that person or governmental agency to cease and desist. The order may be also issued to enforce any requirements of a certified local coastal program or port master plan, or any requirements of this division which are subject to the jurisdiction of the certified program or plan, under any of the following circumstances:
(1) The local government or port governing body requests the commission to assist with, or assume primary responsibility for, issuing a cease and desist order.
(2) The commission requests and the local government or port governing body declines to act, or does not take action in a timely manner, regarding an alleged violation which could cause significant damage to coastal resources.
(3) The local government or port governing body is a party to the violation.
(b) The cease and desist order shall be issued only if the person or agency has failed to respond in a satisfactory manner to an oral notice given in person or by telephone, followed by a written confirmation, or a written notice given by certified mail or hand delivered to the landowner or the person performing the activity. The notice shall include the following:
(1) A description of the activity which meets the criteria of subdivision (a).
(2) A statement that the described activity constitutes development which is in violation of this division because it is not authorized by a valid coastal development permit.
(3) A statement that the described activity be immediately stopped or the alleged violator may receive a cease and desist order, the violation of which may subject the violator to additional fines.
(4) The name, address, and phone number of the commission or local government office which is to be contacted for further information.
(c) The cease and desist order may be subject to such terms and conditions as the executive director may determine are necessary to avoid irreparable injury to any area within the jurisdiction of the commission pending action by the commission under Section 30810.
(d) The cease and desist order shall be effective upon its issuance, and copies shall be served forthwith by certified mail upon the person or governmental agency subject to the order.
(e) A cease and desist order issued pursuant to this section shall become null and void 90 days after issuance.
(Added by Stats. 1991, Ch. 761, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 30810.

30810. (a) If the commission, after public hearing, determines that any person or governmental agency has undertaken, or is threatening to undertake, any activity that (1) requires a permit from the commission without securing a permit or (2) is inconsistent with any permit previously issued by the commission, the commission may issue an order directing that person or governmental agency to cease and desist. The order may also be issued to enforce any requirements of a certified local coastal program or port master plan, or any requirements of this division which are subject to the jurisdiction of the certified program or plan, under any of the following circumstances:
(1) The local government or port governing body requests the commission to assist with, or assume primary responsibility for, issuing a cease and desist order.
(2) The commission requests and the local government or port governing body declines to act, or does not take action in a timely manner, regarding an alleged violation which could cause significant damage to coastal resources.
(3) The local government or port governing body is a party to the violation.
(b) The cease and desist order may be subject to such terms and conditions as the commission may determine are necessary to ensure compliance with this division, including immediate removal of any development or material or the setting of a schedule within which steps shall be taken to obtain a permit pursuant to this division.
(c) Notice of the public hearing on a proposed cease and desist order shall be given to all affected persons and agencies and the order shall be final and effective upon the issuance of the order. Copies shall be served immediately by certified mail upon the person or governmental agency subject to the order and upon other affected persons and agencies who appeared at the hearing or requested a copy. The notice shall include a description of the civil remedy to a cease and desist order, authorized by Section 30803.
(Amended by Stats. 1993, Ch. 1199, Sec. 4. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 1 - General Provisions › Section 30811.

30811. In addition to any other authority to order restoration, the commission, a local government that is implementing a certified local coastal program, or a port governing body that is implementing a certified port master plan may, after a public hearing, order restoration of a site if it finds that the development has occurred without a coastal development permit from the commission, local government, or port governing body, the development is inconsistent with this division, and the development is causing continuing resource damage.
(Added by renumbering Section 30826 by Stats. 1993, Ch. 1199, Sec. 8. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 2 - Penalties › Section 30820.

30820. (a) Any person who violates any provision of this division may be civilly liable in accordance with this subdivision as follows:
(1) Civil liability may be imposed by the superior court in accordance with this article on any person who performs or undertakes development that is in violation of this division or that is inconsistent with any coastal development permit previously issued by the commission, a local government that is implementing a certified local coastal program, or a port governing body that is implementing a certified port master plan, in an amount that shall not exceed thirty thousand dollars ($30,000) and shall not be less than five hundred dollars ($500).
(2) Civil liability may be imposed for any violation of this division other than that specified in paragraph (1) in an amount that shall not exceed thirty thousand dollars ($30,000).
(b) Any person who performs or undertakes development that is in violation of this division or that is inconsistent with any coastal development permit previously issued by the commission, a local government that is implementing a certified local coastal program, or a port governing body that is implementing a certified port master plan, when the person intentionally and knowingly performs or undertakes the development in violation of this division or inconsistent with any previously issued coastal development permit, may, in addition to any other penalties, be civilly liable in accordance with this subdivision. Civil liability may be imposed by the superior court in accordance with this article for a violation as specified in this subdivision in an amount which shall not be less than one thousand dollars ($1,000), nor more than fifteen thousand dollars ($15,000), per day for each day in which the violation persists.
(c) In determining the amount of civil liability, the following factors shall be considered:
(1) The nature, circumstance, extent, and gravity of the violation.
(2) Whether the violation is susceptible to restoration or other remedial measures.
(3) The sensitivity of the resource affected by the violation.
(4) The cost to the state of bringing the action.
(5) With respect to the violator, any voluntary restoration or remedial measures undertaken, any prior history of violations, the degree of culpability, economic profits, if any, resulting from, or expected to result as a consequence of, the violation, and such other matters as justice may require.
(Amended by Stats. 1993, Ch. 1199, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 2 - Penalties › Section 30821.6.

30821.6. (a) Any person or governmental agency who intentionally or negligently violates any cease and desist order issued, reissued, or amended by the executive director or the commission, or any restoration order issued, reissued, or amended by the commission, a local government that is implementing a certified local coastal program, or a port governing body that is implementing a certified port master plan may be liable civilly in a sum of not to exceed six thousand dollars ($6,000) for each day in which that violation persists. Any actual penalty imposed shall be reasonably proportionate to the damage suffered as a consequence of the violation.
(b) Sections 30809 and 30810 and subdivision (a) of this section do not authorize the issuance or enforcement of any cease and desist order as to any activity undertaken by a local governmental agency pursuant to a declaration of emergency by the board of supervisors of the county in which the activity is being or may be undertaken.
(Amended by Stats. 1993, Ch. 1199, Sec. 6. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 2 - Penalties › Section 30822.

30822. Where a person has intentionally and knowingly violated any provision of this division or any order issued pursuant to this division, the commission may maintain an action, in addition to Section 30803 or 30805, for exemplary damages and may recover an award, the size of which is left to the discretion of the court. In exercising its discretion, the court shall consider the amount of liability necessary to deter further violations.
(Amended by Stats. 1993, Ch. 1199, Sec. 7. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 2 - Penalties › Section 30823.

30823. Any funds derived under this article shall be expended for carrying out the provisions of this division, when appropriated by the Legislature. Funds so derived shall be deposited in the Violation Remediation Account of the Coastal Conservancy Fund until appropriated.
(Amended by Stats. 1982, Ch. 1618, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 9 - Judicial Review, Enforcement, and Penalties › ARTICLE 2 - Penalties › Section 30824.

30824. In addition to any other applicable penalty, any commission member who knowingly violates Section 30324 is subject to a civil fine, not to exceed seven thousand five hundred dollars ($7,500). Notwithstanding any law to the contrary, the court may award attorneys’ fees and costs to the prevailing party.
(Amended by Stats. 1993, Ch. 798, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 10 - Severability › Section 30900.

30900. If any provision of this division or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the division which can be given effect without the invalid provision or application, and to this end the provisions of this division are severable.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20.4 - WATERSHED, CLEAN BEACHES, AND WATER QUALITY ACT › CHAPTER 1 - General Provisions › Section 30901.

30901. This act shall be known, and may be cited, as the Watershed, Clean Beaches, and Water Quality Act.
(Added by Stats. 2002, Ch. 727, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 20.4 - WATERSHED, CLEAN BEACHES, AND WATER QUALITY ACT › CHAPTER 1 - General Provisions › Section 30902.

30902. The purpose of this division is to establish a statutory framework for funding water quality, clean beaches, and watershed protection projects from the proceeds derived from the issuance and sale of bonds and other revenue sources, and to specify how the Resources Agency and its constituent departments and boards, including the State Coastal Conservancy, and the California Environmental Protection Agency, and that agency’s constituent departments, including the State Water Resources Control Board, will coordinate and integrate programs to fund projects.
(Added by Stats. 2002, Ch. 727, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 20.4 - WATERSHED, CLEAN BEACHES, AND WATER QUALITY ACT › CHAPTER 1 - General Provisions › Section 30903.

30903. The Legislature hereby finds and declares all of the following:
(a) Clean beaches, clean water, and healthy watersheds are necessary to support both human communities and the state’s native fish and wildlife, and are part of the legacy of California. Each generation has an obligation to be good stewards of those resources in order to pass them on to their children.
(b) California’s 1,100-mile coastline is world-renowned. Coastal-related businesses provide seventeen billion dollars ($17,000,000,000) annually to the state’s economy and depend on the restoration and health maintenance of beaches.
(c) Clean water is essential to the state’s communities and economy.
(d) Watershed management is a valuable approach to meeting comprehensive resource management and water quality objectives. Watersheds provide a useful, natural unit to integrate and coordinate the many natural resource functions of state agencies.
(e) Multiple state entities within the California Environmental Protection Agency and the Resources Agency are currently administering programs that provide technical assistance or financial support for various aspects of watershed management or restoration. Hundreds of watershed partnerships exist in the state, dedicated to the restoration and management of the state’s streams, rivers, and lands, and the use of watershed management principles and practices. Coordinated watershed management implementation is crucial to addressing critical problems and the efficient use of public funds. The California Environmental Protection Agency and the Resources Agency are developing a strategic plan for fully integrated watershed investments.
(Added by Stats. 2002, Ch. 727, Sec. 1. Effective January 1, 2003.)