California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 3 - Regulations Governing Land Use and Resource Management in the Primary Zone of the Sacramento-San Joaquin Delta › Section 20110 - Glossary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Act -- The Delta Protection Act of 1992.
Agricultural Conservation Easements -- A deed restriction
				  landowners voluntarily place on their property to protect agricultural land.
				  The landowner either sells or donates the development rights (some or all) of
				  the property to a qualified conservation organization or public agency to
				  protect the agricultural use of the land in perpetuity.
Agricultural Labor Camps -- The Agricultural Labor Camp
				  refers to any living unit occupied by seven (7) or more farm workers and their
				  families occurring exclusively in association with agricultural labor. Typical
				  uses include labor camps and labor supply camps.
Buffer -- The area of land which serves to mitigate potential
				  conflicts between different types of land uses.
CALFED Bay-Delta Program -- The CALFED Bay-Delta Program was
				  established in May 1995 and includes a consortium of 25 state and federal
				  agencies with management and regulatory responsibilities in the Bay-Delta
				  estuary. The mission of the Program is to develop a long-term comprehensive
				  plan that will restore ecological health and improve water management for
				  beneficial uses of the San Francisco Bay/Sacramento-San Joaquin Delta.
Channel Islands -- Unleveed islands within the Delta with
				  riparian habitat that in many cases has not changed in over 150 years and are
				  good examples of original habitat. Sometimes referred to as 'guard levees' as
				  they minimize wake action and flow erosion from affecting the main
				  levees.
Commission -- The Delta Protection Commission created by
				  Section
				  29735
				  of the California Public Resources Code.
Conservation Easement -- A restriction placed on a piece of
				  property to protect its associated resources. The easement is either
				  voluntarily donated or sold by the landowner and constitutes a legally binding
				  agreement that limits certain types of uses or prevents development from taking
				  place on the land in perpetuity while the land remains in private hands.
Critical Mass of Farms -- Concept based on idea that
				  economies of scale exist in input and output businesses which are essential to
				  agriculture, meaning that certain quantities of farms are necessary for the
				  farm supply and agricultural related businesses to remain competitive and
				  continue to be low cost producers and service providers.
Delta -- 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.
Development --
a.
				"Development" means on, in, over, or under land or water, the placement or
				erection of any solid material or structure; discharge of any dredged material
				or of any gaseous, liquid, solid, or thermal waste; grading, removing,
				dredging, mining, or extraction of any materials; change in the density or
				intensity of use of land, including, but not limited to, subdivisions pursuant
				to the Subdivision Map Act (Division 2 (commencing with Section
				66410) of Title 7 of the
				Government Code), and any other division of land including lot splits, except
				where the land division is brought about in connection with the purchase of the
				land by a public agency for public recreational or fish and wildlife uses or
				preservation; construction, reconstruction, demolition, or alteration of the
				size of any structure, including any facility of any private, public, or
				municipal utility; and the removal or harvesting of major vegetation other than
				for agricultural purposes.
b.
				"Development" does not include any of the following:
1. All farming and ranching activities, as
				specified in subdivision (e) of Section
				3482.5 of the
				Civil Code.
2. The maintenance,
				including the reconstruction of damaged parts, of structures, such as marinas,
				dikes, dams, levees, riprap (consistent with Chapter 1.5 (commencing with
				Section 12306) of Part 4.8 of Division 6
				of the Water Code), breakwater, causeways, bridges, ferries, bridge abutments,
				docks, berths, and boat sheds. "Maintenance" includes, for this purpose, the
				rehabilitation and reconstruction of levees to meet applicable standards of the
				United States Army Corps of Engineers or the Department of Water
				Resources.
3. The construction,
				repair, or maintenance of farm dwellings, buildings, stock ponds, irrigation or
				drainage ditches, water wells, or siphons, including those structures and uses
				permitted under the California Land Conservation Act of 1965 (Chapter 7
				(commencing with Section
				51200) of Part I of Division I of
				Title 5 of the Government Code).
4.
				The construction or maintenance of farm roads, or temporary roads for moving
				farm equipment.
5. The dredging or
				discharging of dredged materials, including maintenance dredging or removal, as
				engaged in by any marina, port, or reclamation district, in conjunction with
				the normal scope of their customary operations, consistent with existing
				federal, state, and local laws.
6.
				The replacement or repair of pilings in marinas, ports, and diversion
				facilities.
7. Projects within port
				districts, including, but not limited to, projects for the movement, grading,
				and removal of bulk materials for the purpose of activities related to maritime
				commerce and navigation.
8. The
				planning, approval, construction, operation, maintenance, reconstruction,
				alteration, or removal by a state agency or local agency of any water supply
				facilities or mitigation or enhancement activities undertaken in connection
				therewith.
9. Construction,
				reconstruction, demolition, and land divisions within existing zoning
				entitlements, and development within, or adjacent to, the unincorporated towns
				of the Delta, as permitted in the Delta Area Community Plan of Sacramento
				County and the general plan of Yolo County, authorized prior to January 1,
				1992.
10. Exploration or extraction
				of gas and hydrocarbons.
11 The
				planning, approval, construction, repair, replacement, alteration,
				reconstruction, operation, maintenance, or removal of oxidation and water
				treatment facilities owned by the City of Stockton or the City of Lodi, or
				facilities owned by any local agency within or adjacent to the unincorporated
				towns of the Delta consistent with the general plan of the County of Sacramento
				or the County of Yolo, as the case may be.
Farm Worker Housing -- "Farm Employee Housing" means any
				  housing accommodation, including single-family dwellings and farm labor
				  mobilehomes, for six (6) or fewer farm employees.
Flood Protection -- Methods or structural measures used to
				  mitigate flooding or reduce flooding hazards and risks.
Good Neighbor Policies -- Policies which set forth to avoid
				  negative impacts on agricultural land as a result of habitat enhancements. The
				  goals of these policies should be to avoid negative impacts, address and
				  resolve unavoidable impacts, and foster good communication and relationships
				  among neighbors and communities. These policies should apply to all land use
				  changes including changes in land use where habitat is actively developed,
				  where habitat develops naturally, and where habitat is converted to
				  agricultural or other uses. Example policies could include the implementation
				  of Best Management Practices on the converted lands that minimize vectors
				  (e.g., mosquito breeding opportunities), the introduction of invasive species,
				  water quality degradation, and/or the erosion of productive soils. The policies
				  may also include the establishment of safe harbor agreements that, among other
				  things, limit liability for incidental take associated with agricultural and
				  recreational activities adjacent to converted wildlife lands.
Habitat Conservation Plans (HCPs) -- Planning documents that
				  are required when applying to the U.S. Fish and Wildlife Service for an
				  incidental take permit under the federal Endangered Species Act. An applicant
				  is required to apply for an incidental take permit if a proposed activity would
				  result in the "incidental take" of a listed wildlife species. HCPs describe the
				  anticipated effects of the proposed taking, how those impacts will be minimized
				  or mitigated, and how the HCP is to be funded.
Local Agency -- 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, 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
				  that will be carried out within that area.
Local Government -- The Counties of Contra Costa, Sacramento,
				  San Joaquin, Solano, and Yolo, and the Cities of Sacramento, Stockton, Tracy,
				  Antioch, Pittsburg, Isleton, Lathrop, Brentwood, Rio Vista, West Sacramento,
				  and Oakley, and any other cities that may be incorporated in the future in the
				  Primary Zone.
Mitigation Banks -- A Mitigation Bank is a wetland, stream,
				  or other aquatic resource area that has been restored, established, enhanced,
				  or preserved for the purpose of providing compensation for unavoidable impacts
				  to aquatic resources under Section
				  404 of the federal Clean Water Act
				  or a similar State or local wetland regulation.
National Heritage Area -- A place designated by the United
				  States Congress where natural, cultural, historic and recreational resources
				  combine to form a cohesive, nationally-distinctive landscape arising from
				  patterns of human activity shaped by geography. These areas tell nationally
				  important stories about our nation and are representative of the national
				  experience through both the physical features that remain and the traditions
				  that have evolved within them.
Natural Community Conservation Plan -- A plan prepared
				  pursuant to a planning agreement entered into in accordance with Section
				  2810 of the Natural Community
				  Conservation Planning Act (California Fish and Game Code Sections
				  2800-
				  2835)
				  that identifies and provides for the regional or area wide protection of
				  plants, animals, and their habitats, while allowing compatible and appropriate
				  economic activity.
Non-Agriculturally Oriented Non-Farmworker Residential
				  Development -- Development of buildings consisting only of dwelling units that
				  are not supporting agricultural operations and are not farm worker
				  housing.
Open Space -- As defined in Section
				  65560 of
				  the Government Code.
Pacific Flyway -- 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).
Personal Water Craft -- General term for a broad range of
				  small, powered boats that typically carry one or two persons, and are popularly
				  known by registered tradenames such as Jet Ski, Ski Doo, etc.
Plan -- Land Use and Resource Management Plan for the Primary
				  Zone of the Delta.
Primary Zone -- 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 "The Delta
				  Protection Act of 1992 Map of Zones" for the Sacramento-San Joaquin Delta filed
				  with the Secretary of State on January 4, 1993. 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.
Reclamation Districts -- A form of special-purpose districts
				  which are responsible for reclaiming and/or maintaining land that is threatened
				  by permanent or temporary flooding for agricultural, residential, commercial,
				  or industrial use. The land is reclaimed by removing and/or preventing water
				  from returning via systems of levees, dikes, drainage ditches, and
				  pumps.
Restoration -- Actions which return a degraded or
				  deteriorated area to a level of increased productivity, environmental quality,
				  or beneficial values.
Right-to-Farm-Ordinance -- Refers to the concept that conduct
				  of agricultural operations takes precedence over the need to prevent
				  agricultural operations from negatively affecting nearby non-agricultural
				  users.
Secondary Zone -- 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 "The Delta Protection Act of 1992 Map of
				  Zones" for the Sacramento-San Joaquin Delta filed with the Secretary of State
				  on January 4, 1993.
Special District -- A type of district differing from
				  general-purpose districts like municipalities, counties, etc., in that they
				  only serve one or a few specialized services only to those persons who live
				  within them. They possess fiscal and administrative autonomy and often are
				  empowered to tax residents of the district. Examples include emergency services
				  districts, reclamation districts, school districts and vector control
				  districts.
Subsidence -- The gradual, local settling or sinking of the
				  earth's surface with little or no horizontal motion. Drainage of Delta plains
				  results in aeration of soil which leads to oxidation of its organic components,
				  such as peat, and this decomposition process may cause significant land
				  subsidence.
Suisun Marsh -- The largest brackish marsh on the west coast
				  of the United States of America. The marsh is immediately west of the
				  Sacramento-San Joaquin Delta as well as part of the San Francisco Bay estuary.
				  It includes the water-covered areas, tidal marsh, diked-off wetlands, seasonal
				  marshes, lowland grasslands, upland grasslands, and cultivated lands identified
				  in the Suisun Marsh Preservation Act (California Public Resources Code
				  29000-29612) including both the primary and secondary management areas as shown
				  on the Suisun Marsh Protection Plan Map dated December 1976, available from the
				  San Francisco Bay Conservation and Development Commission. It also includes the
				  entire right-of-way of any state highway that is designated as a portion of the
				  boundary of the marsh.
TMDL (total maximum daily load) -- A calculation of the
				  maximum amount of a pollutant that a waterbody can receive and still safely
				  meet water quality standards.
Transfer Development Rights -- A type of zoning ordinance
				  that allows owners of property zoned for low-density development or
				  conservation use to sell development rights to other property owners. The
				  development rights purchased permit the landowners to develop their parcels at
				  higher densities than otherwise. The system is designed to provide for
				  low-density uses, such as historic preservation, without unduly penalizing some
				  landowners.
200-year Levee Standards -- Levees which are developed to
				  achieve protection from the 200-year flood (the flood event that has a 0.5%
				  chance of occurring in any year).
Unincorporated Towns -- The communities of Walnut Grove,
				  Clarksburg, Courtland, Hood, Locke, and Ryde.
Urban -- Of, relating to, characteristic of or constituting a
				  city. Urban areas are generally characterized by moderate and higher density
				  residential development (i.e., three or more dwelling units per acre),
				  commercial development, and industrial development, and the availability of
				  public services required for that development, specifically central water and
				  sewer, an extensive road network, public transit, and other such services
				  (e.g., safety and emergency response). Development not providing such services
				  may be "non-urban" or "rural."
Urban Limit Line -- 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.
Water Trail -- A stretch of river, a shoreline, or an ocean
				  that has been mapped out with the intent to create an educational, scenic, and
				  challenging experience for recreational canoers and kayakers.
Williamson Act -- Also known as the California Land
				  Conservation Act of 1965 which enables local governments to enter into
				  contracts with private landowners for the purpose of restricting specific
				  parcels of land to agricultural or related open space use. In return,
				  landowners receive property tax assessments which are much lower than normal
				  because they are based upon farming and open space uses as opposed to full
				  market value. Local governments receive an annual subvention of forgone
				  property tax revenues from the state via the Open Space Subvention Act of
				  1971.