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 20030 - Introduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Delta Protection Act of 1992 (Act) established the Delta
				  Protection Commission, a State entity to plan for and guide the conservation
				  and enhancement of the natural resources of the Delta, while sustaining
				  agriculture and meeting increased recreational demand. The Act defines a
				  Primary Zone, which comprises the principal jurisdiction of the Delta
				  Protection Commission. The Secondary Zone is the area outside the Primary Zone
				  and within the "Legal Delta"; the Secondary Zone is not within the planning
				  area of the Delta Protection Commission. The Act requires the Commission to
				  prepare and adopt a Land Use and Resource Management Plan for the Primary Zone
				  of the Delta, which must meet specific goals. This document constitutes the
				  Land Use and Resource Management Plan for the Primary Zone of the Delta (Plan),
				  as adopted in 1995 and will be updated in 2010.
The Act (Public Resources Code Section
				  29760
				  et seq.) requires the Commission to prepare and adopt and thereafter review and
				  maintain a comprehensive long-term Resource Management Plan for land uses
				  within the Primary Zone of the Delta ("Resource Management Plan"). The Resource
				  Management Plan is to set forth a description of the needs and goals for the
				  Delta and a statement of the policies, standards, and elements of the Resource
				  Management Plan. Within 180 days of the adoption of the Resource Management
				  Plan or any amendments by the Commission, all local governments, as defined in
				  Public Resources Code Section
				  29725,
				  shall submit to the Commission proposed amendments to their general plans. The
				  amendments shall cause the general plans to be consistent with the criteria in
				  Public Resources Code Section
				  29763.5
				  with respect to land located within the Primary Zone. Those criteria include a
				  requirement that the general plan be consistent with the Resource Management
				  Plan (Plan). This introduction and the following policies of the Plan
				  constitute the regulatory portion of the Plan.
The Primary Zone of the Sacramento-San Joaquin Delta (Delta)
				  includes approximately 500,000 acres of waterways, levees and farmed lands
				  extending over portions of five counties: Solano, Yolo, Sacramento, San Joaquin
				  and Contra Costa. The rich peat soil in the central Delta and the mineral soils
				  in the higher elevations support a strong agricultural economy. The Delta lands
				  currently have access to the 1,000 miles of rivers and sloughs lacing the
				  region. These waterways provide habitat for many aquatic species and the
				  uplands provide year-round and seasonal habitat for amphibians, reptiles,
				  mammals, and birds, including several rare and endangered species. The area is
				  extremely popular for many types of recreation including fishing, boating,
				  hunting, wildlife viewing, water-skiing, swimming, hiking, and biking.
The goals of the Plan, as set out in the Act, are to
				  "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; assure orderly, balanced conservation and
				  development of Delta land resources and improve flood protection by structural
				  and nonstructural means to ensure an increased level of public health and
				  safety."
As specified in the Act, the Delta Protection Commission is
				  not authorized 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. The Plan also provides guidance to
				  State agencies undertaking activities in the Primary Zone. The Plan, therefore,
				  applies to development subject to approval by the Delta counties (Contra Costa,
				  Sacramento, San Joaquin, Yolo and Solano). Should Cities propose to expand into
				  the Delta Primary Zone, or acquire land in the Primary Zone for utility or
				  infrastructure facility development, those actions are to be carried out in
				  conformity with the Delta Protection Act of 1992.
The Plan consists of three sections. Part I, the
				  Introduction, describes the planning program and the Plan objectives. Part II
				  includes the Plan's individual elements. Part III describes the program for
				  implementing the Plan. The Delta Protection Act of 1992 Map of Zones for the
				  Sacramento-San Joaquin Delta was filed with the Secretary of State on January
				  4, 1993. This map shows the boundary of the Primary and Secondary Zones of the
				  Delta.
This Plan will be updated in 2010 following a collaborative
				  planning process. The Delta Protection Commission established a Planning
				  Advisory Committee (Committee) that began meeting in September 2008 which
				  represented a broad spectrum of Delta interests. The Committee met and prepared
				  a Draft Plan in December 2008. The Draft Plan was presented at public workshops
				  throughout the Delta in order to receive input from the public and integrate
				  the public's comments into the Draft Plan. The Draft Plan was presented to the
				  Delta Protection Commission in March 2009 and the Commission held subsequent
				  meetings to consider any updates to the Plan.
A wide variety of reference materials were used in the
				  preparation of this Plan. The primary reference materials used to prepare the
				  introductory sections of the individual elements included the following:
Status and Trends of Delta-Suisun Services
prepared by URS
				  Corporation for the California Department of Water Resources, May 2007;
CALFED Bay-Delta Program Programmatic Record of Decision
August 28, 2000;
Delta Protection Commission Land Use and Resource
				  Management Plan for the Primary Zone of the Delta Update 2008--Profiles of
				  Ongoing Planning Processes and Planning Documents for Consideration
prepared by the Delta Protection Commission staff, July 24, 2008;
Our
				  Vision for the California Delta
prepared by the Governor's Delta
				  Vision Blue Ribbon Task Force, January 29, 2008 (Second Printing); and the
Delta Vision Strategic Plan
prepared by the Governor's Delta
				  Vision Blue Ribbon Task Force, October 2008.
Each element includes an introductory discussion that
				  provides the context for the element's goals and policies. The introductory
				  discussions provide the framework from which the goals and policies of the
				  individual elements are derived. Policies are the directions for action the
				  local governments must embrace and support through amendments to local General
				  Plans, if necessary. It is important to note, however, that in the
				  implementation of both the goals and policies of this Plan, the Act
				  specifically prohibits the exercise of the power of eminent domain unless
				  requested by the landowner.
The Commission will be required to take into consideration
				  projected climate change effects in their implementation of this Land Use and
				  Resource Management Plan. Many of the assets of the Delta are at risk from
				  climate change. In 2006, the California Climate Change Center published a
				  report that stated a historical rise in sea level of 7 inches and projected an
				  additional rise of 22 to 35 inches by the end of the century. Since that time
				  numerous other studies have published projected ranges of 7 to 23 inches
				  (
The International Panel on Climate Change, 4th Assessment on Climate
				  Change
, 2007), 20 to 55 inches (Rahmstorf,
Science
,
				  2007), and 32 to 79 inches (Pfeffer,
Science
, 2008) of sea
				  level rise during this same period, with the differences in these projections
				  attributed to how glacier ice melt is included in the calculation. Damage from
				  sea level rise could be exacerbated by other aspects of climate change, which
				  include an increase in the frequency and intensity of extreme weather events
				  and increased frequency of large wildfires.
The term "shall" in these regulations is mandatory; the terms
				  "may", "should", and "can" are advisory.
This document should be considered in its entirety.
Every five (5) years the Commission will consider revising
				  the Plan.
1. New chapter
				  3 (section
				  20030) and section filed 1-28-97;
				  operative 2-27-97 (Register 97, No. 5).
2. Editorial correction
				  adding new chapter and section headings (Register 97, No. 6).
3.
				  Amendment of chapter 3 heading, amendment of section heading, and repealer and
				  new section filed 5-8-2001; operative 6-7-2001 (Register 2001, No.
				  19).
4. Amendment of section heading and section filed 10-7-2010;
				  operative 11-6-2010 (Register 2010, No. 41).
Note: Authority cited: Section
					 29752,
					 Public Resources Code. Reference: Sections
					 29760,
					 29763
					 and
					 29763.5,
					 Public Resources Code; and Section
					 13274, Water
					 Code.