reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 5 - Procedures for Administrative Permits › Article 2 - Application for Administrative Permits › Section 13149 - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The applicant shall post notice at the project site as
						required by Section
						13054(b) and
						provide any additional notice to the public that the executive director deems
						appropriate. The executive director shall notify any persons known to be
						interested in the proposed development.
1. New
						NOTE filed 11-27-2019; operative 1-1-2020 (Register 2019, No.
						48).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30620,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 5 - Procedures for Administrative Permits › Article 3 - Criteria for Granting Administrative Permits › Section 13150 - Criteria and Content of Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive director may approve or
					 modify an application for improvements or other development governed by this
					 subchapter on the same grounds that the commission may approve an ordinary
					 application and may include reasonable terms and conditions required for the
					 development to conform with the policies of the California Coastal Act of
					 1976.
(b) Permits issued for such
					 developments shall be governed by the provisions of Sections
					 13156 and
					 13158 concerning the format,
					 receipt, and acknowledgment of permits. A permit issued pursuant to Public
					 Resources Code Section
					 30624
					 shall contain a statement that it will not become effective until completion of
					 the commission review of the permit pursuant to Section
					 13153.
1.
						Amendment of subsection (a) filed 1-28-81; effective thirtieth day thereafter
						(Register 81, No. 5).
2. Amendment filed 8-14-81; effective
						thirtieth day thereafter (Register 81, No. 33).
3. Amendment of
						section heading and subsection (b) filed 7-30-2019; operative 1-1-2020 pursuant
						to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 5 - Procedures for Administrative Permits › Article 3 - Criteria for Granting Administrative Permits › Section 13150.5 - Criteria for Single Family Dwellings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 11-3-78 as an emergency; effective upon filing (Register 78, No.
						44).
2. Certificate of Compliance transmitted to OAH 2-26-79 and
						filed 3-15-79 (Register 79, No. 10).
3. Repealer filed 1-28-81;
						effective thirtieth day thereafter (Register 81, No.
						5).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 5 - Procedures for Administrative Permits › Article 3 - Criteria for Granting Administrative Permits › Section 13151 - Refusal to Grant-Notice to Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the executive director determines not to grant an
						administrative permit based on a properly filed application under this
						Subchapter, the executive director shall promptly transmit written notice to
						this effect to the applicant with an explanation of the reasons for this
						determination.
1.
						Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No.
						5).
2. Amendment filed 7-30-2019; operative 1-1-2020 pursuant to
						Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 5 - Procedures for Administrative Permits › Article 3 - Criteria for Granting Administrative Permits › Section 13152 - Application to Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In situations described in Sections
						13147 and
						13151 the applicant may proceed to
						file an application as provided in Section
						13056.
1.
						Amendment of section heading and new NOTE filed 8-2-89; operative 9-1-89
						(Register 89, No. 32).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Sections
						  30305
						  and
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 5 - Procedures for Administrative Permits › Article 4 - Reports on Administrative Permits › Section 13153 - Reports on Administrative Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive director shall report in writing to the
						commission at each meeting the permits approved under this Subchapter up until
						the time of the mailing for the meeting, with sufficient description of the
						work authorized to allow the commission to understand the development proposed
						to be undertaken. Copies of this report shall be available at the meeting and
						shall have been posted to the commission's website and transmitted to all those
						persons who have requested such notification at least 10 days before the
						meeting. Any such permits approved following the deadline for the mailing shall
						be included in the report for the next succeeding meeting. If 1/3 of the
						appointed membership of the commission so request, the issuance of an
						administrative permit governed by Public Resources Code Section
						30624
						shall not become effective, but shall, if the applicant wishes to pursue the
						application, be treated as a permit application under Subchapter 1 of this
						chapter, subject to the provisions for hearing and appeal set forth in
						Subchapters 1 and 2 of the chapter.
1.
						Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
2. Amendment filed 1-3-80 as an emergency; effective upon
						filing (Register 80, No. 1). A Certificate of Compliance must be filed within
						120 days or emergency language will be repealed on 5-3-80.
3.
						Certificate of Compliance transmitted to OAH 4-29-80 and filed 5-8-80 (Register
						80, No. 19).
4. Amendment filed 8-14-81; effective thirtieth day
						thereafter (Register 81, No. 33).
5. Amendment of section and NOTE
						filed 7-30-2019; operative 1-1-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  11125,
						  Government Code; and Section
						  30333,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 5 - Procedures for Administrative Permits › Article 5 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Article 5 (Sections
					 13154 and
					 13154.5) filed 6-10-77; effective
					 thirtieth day thereafter (Register 77, No. 24).
2. Repealer of
					 Article 5 (Sections
					 13154 an 13154.5) filed 8-14-81;
					 effective thirtieth day thereafter (Register 81, No.
					 33).
Note: Authority cited: Sections
						30331
						and
						30333,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 1 - Format of Permits › Section 13155 - Reference to Regional Commission. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 8-14-81; effective thirtieth day thereafter (Register 81, No.
						33).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30620,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 1 - Format of Permits › Section 13156 - Contents of Coastal Development Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Permits shall be issued in a form signed by the executive
						director, and shall include:
(a) A
					 brief description of the approved development, the coastal development permit
					 number, the date of approval, and the date of expiration;
(b) Any other language or drawings, in full
					 or incorporated by reference, that are consistent with the decision, and
					 required to clarify or facilitate carrying out the intent of the
					 commission;
(c) All conditions
					 approved by the commission;
(d) All
					 standard provisions as shall have been approved by resolution of the
					 commission;
(e) A statement that
					 the permit runs with the land and binds all future owners of the
					 property;
(f) A statement that the
					 permit shall not become effective until the commission receipt of
					 acknowledgment as provided in Section
					 13158;
(g) The time for commencement of the approved
					 development except that where the commission on original hearing or on appeal
					 has not imposed any specific time for commencement of development pursuant to a
					 permit, the time for commencement shall be two years from the date of the
					 commission vote upon the application. Each permit shall contain a statement
					 that any request for an extension of the time of commencement must be applied
					 for prior to expiration of the permit.
1.
						Amendment of subsections (a)-(d), (f) and (g) filed 8-14-81; effective
						thirtieth day thereafter (Register 81, No. 33).
2. Amendment of
						subsections (e) and (g) and amendment of NOTE filed 9-20-99; operative 10-20-99
						(Register 99, No. 39).
3. Amendment of section heading and
						subsections (a), (c) and (d) filed 7-30-2019; operative 1-1-2020 pursuant to
						Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30600,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 2 - Notice of Receipt and Acknowledgment › Section 13158 - Notice of Receipt and Acknowledgment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Development shall not commence until an
					 approved permit becomes effective.
(b) No approved permit shall become effective
					 until a copy of the permit has been returned to the commission, upon which copy
					 all permittees or agent(s) authorized pursuant to section
					 13053.5(c) have
					 acknowledged that they have received a copy of the permit and have accepted its
					 contents.
(c) Each permit approved
					 by the commission shall be issued to the applicant with a blank acknowledgment
					 to be signed by each permittee.
(d)
					 The acknowledgment should be returned within ten (10) working days following
					 issuance of the permit.
(e) A
					 permit shall not be issued pursuant to section
					 13158(c) until
					 and unless the applicant has satisfied all prior to issuance conditions. Prior
					 to issuance conditions are those conditions that are identified in the permit
					 as conditions that must be complied with prior to issuance of the permit. After
					 approval of a permit, the executive director shall notify the permit applicant
					 of those conditions that have been designated as prior to issuance
					 conditions.
1.
						Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
2. Amendment of subsection (a) filed 8-14-81; effective
						thirtieth day thereafter (Register 81, No. 33).
3. Amendment of
						section and NOTE filed 9-20-99; operative 10-20-99 (Register 99, No.
						39).
4. Change without regulatory effect amending subsections (b)
						and (e) filed 2-7-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 6).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Sections
						  30600
						  and
						  30607,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 3 - Time for Issuing Permits and Distribution › Section 13160 - Issuance of Permits. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 1-3-80 as an emergency; effective upon filing (Register 80, No.
						1). A Certificate of Compliance must be filed within 120 days or emergency
						language will be repealed on 5-3-80.
2. Certificate of Compliance
						transmitted to OAH 4-29-80 and filed 5-8-80 (Register 80, No.
						19).
3. Repealer filed 8-14-81; effective thirtieth day thereafter
						(Register 81, No. 33).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30333,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 3 - Time for Issuing Permits and Distribution › Section 13161 - Distribution of Permit Copies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Copies of permits shall be sent to the permittee(s), to
						the local government with jurisdiction over the area in which the proposed
						development is to be located and to any person who requires or would be
						interested in such a copy in the opinion of the executive director. Copies of
						relevant project plans shall be transmitted to the local government where
						feasible.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 3 - Time for Issuing Permits and Distribution › Section 13162 - Notice of Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice of the commission approval of a permit shall be
						filed with the Secretary of the Resources Agency for posting and inspection as
						provided in Public Resources Code Section
						21080.5(d)(2)(E).
1.
						Amendment of section and new NOTE filed 9-20-99; operative 10-20-99 (Register
						99, No. 39).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  21080.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 4 - Disputes over Contents of Permits › Section 13163 - Disputes over Contents of Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any permittee who believes that the permit issued does
						not correctly embody the action of the commission shall immediately so inform
						the executive director in writing, with supporting facts and documentation. Any
						such questions that cannot be resolved by consultation between the permittee
						and the executive director shall promptly be referred by the executive director
						to the commission for decision.
1.
						Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No.
						33).
2. Amendment of section and NOTE filed 7-30-2019; operative
						1-1-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30607,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 5 - Amendments to Permits › Section 13164 - Applications for Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications for amendments to permits shall be made in
						writing. Such applications are subject to the requirements for filing and
						processing permit applications set forth in Subchapter 1 of these
						regulations.
1.
						Amendment of section and new NOTE filed 9-20-99; operative 10-20-99 (Register
						99, No. 39).
Note: Authority cited: Sections
						  30333,
						  Public Resources Code. Reference: Sections
						  30600
						  and
						  30620,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 5 - Amendments to Permits › Section 13165 - Amendments to Administrative Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Amendments to administrative permits may
					 be approved by the executive director upon the same criteria and subject to the
					 same reporting requirement and procedures, including public notice and appeals
					 to the commission, as provided for the original issuance of such administrative
					 permits in Sections
					 13145-13153. Amendments that are
					 immaterial may be processed pursuant to Section
					 13166(b).
(b) If any proposed amendment would, in the
					 opinion of the executive director, increase the cost of the proposed
					 development to an amount over the amounts specified by Public Resources Code,
					 Section
					 30624
					 the application shall thereafter be treated in the manner prescribed by Section
					 13166.
1.
						Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
2. Amendment of subsection (a) and new NOTE filed 7-30-2019;
						operative 1-1-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Sections
						  30600
						  and
						  30624,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 5 - Amendments to Permits › Section 13166 - Amendments to Permits Other than Administrative Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive director shall reject an
					 application for an amendment to an approved permit if he or she determines that
					 the proposed amendment would lessen or avoid the intended effect of an approved
					 or conditionally approved permit unless the applicant presents newly discovered
					 material information, which the applicant could not, with reasonable diligence,
					 have discovered and produced before the permit was granted.
(1) An applicant may appeal the executive
					 director's determination to the commission. The appeal must be submitted in
					 writing and must set forth the basis for appeal. The appeal must be submitted
					 within 10 working days after the executive director's rejection of the
					 amendment application. If timely submitted, the executive director shall
					 schedule the appeal for the next commission hearing or as soon thereafter as
					 practicable and shall provide notice of the hearing to all persons the
					 executive director has reason to know may be interested in the
					 application.
(2) If the commission
					 overturns the executive director's determination, the application shall be
					 accepted for processing in accordance with subsection (c)
					 below.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 5 - Amendments to Permits › Section 13168 - Application Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All applications for amendments to permits shall be
						accompanied by the fee specified in section
						13055 of these
						regulations.
1.
						Amendment of section and new NOTE filed 9-20-99; operative 10-20-99 (Register
						99, No. 39).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Section
						  30620,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 6 - Extension of Permits › Section 13169 - Extension of Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Prior to the time that commencement of development under a permit granted by
					 either the regional commission or the commission must occur under the terms of
					 the permit or Section
					 13156, the applicant may apply to
					 the executive director of the commission for an extension of time not to exceed
					 an additional one year period. The executive director shall not accept the
					 application unless it is accompanied by all of the following:
(1) evidence of an approved, unexpired
					 permit,
(2) evidence of the
					 applicant's legal interest in the property involved in the permit,
(3) the fee specified in section
					 13055(b)(1) of
					 these regulations, and
(4) stamped
					 envelopes addressed to each person specified in section
					 13054 of these regulations and
					 each person who testified, orally or in writing at prior permit
					 hearing(s).
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 6 - Permits › Article 7 - Transfer of Permits › Section 13170 - Transfer of Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Any person may request that the commission records be revised to reflect that
					 he or she has assumed the rights and obligations of a coastal development
					 permit by acquiring property on which development has been approved, initiated,
					 or completed pursuant to a permit by submission of the following:
(1) an affidavit or notarized statement
					 executed by the landowner attesting to the landowner's acknowledgment of the
					 terms and conditions of the permit; and
(2) evidence of the landowner's legal
					 interest in the real property involved and legal capacity to undertake the
					 development as approved and to satisfy the conditions required in the
					 permit.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 7 - Enforcement and Violation of Permits › Article 1 - Enforcement Responsibilities › Section 13171 - Staff Inspection. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
2. Repealer filed 8-14-81; effective thirtieth day thereafter
						(Register 81, No. 33).
Note: Authority cited: Sections
						  30331
						  and
						  30333,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 7 - Enforcement and Violation of Permits › Article 1 - Enforcement Responsibilities › Section 13172 - Violation of Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Violation of a permit, which includes any term,
						condition, or provision of a permit and which includes both actions in
						violation of a permit and failure to act as required by a permit, is grounds
						for enforcement under this Section and under Chapter 9 of the California
						Coastal Act of 1976. Whenever the executive director of the commission
						determines that a violation of a permit has occurred or is threatened, the
						executive director may refer the matter to the Attorney General for appropriate
						action. Where such a violation has occurred or is threatened, the Attorney
						General may file an action in the name of the commission for equitable relief
						to enjoin such violation of, or for, civil penalties, or both, or may take
						other appropriate action pursuant to Chapter 9 of the California Coastal Act of
						1976.
1.
						Amendment filed 6-10-77; effective thirtieth day thereafter (Register 77, No.
						24).
2. Amendment of section and new NOTE filed 7-30-2019; operative
						1-1-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2019, No. 31).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Sections
						  30809
						  and
						  30810,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 7 - Enforcement and Violation of Permits › Article 1 - Enforcement Responsibilities › Section 13173 - Enforcement of the Coastal Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the executive director of the commission
						determines that any violation of the provisions of the California Coastal Act
						of 1976 has occurred or is threatened, the Attorney General may file an action
						in the name of the commission for equitable relief to enjoin such violation, or
						for civil penalties, or both, or may take other appropriate action pursuant to
						Chapter 9 of the California Coastal Act of 1976.
1. New
						section filed 2-11-77 as an emergency; effective upon filing (Register 77, No.
						7).
2. Certificate of Compliance filed 4-29-77 (Register 77, No.
						18).
3. Amendment filed 6-10-77; effective thirtieth day thereafter
						(Register 77, No. 24).
4. Change without regulatory effect amending
						NOTE filed 2-7-2019 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2019, No. 6).
Note: Authority cited: Sections
						  30331
						  and
						  30333,
						  Public Resources Code. Reference: Sections
						  30803,
						  30804,
						  30805
						  and
						  30808,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 7 - Enforcement and Violation of Permits › Article 1 - Enforcement Responsibilities › Section 13174 - Lawsuits by Regional Commissions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-22-77 as an emergency; effective upon filing (Register 77, No.
						35).
2. Amendment filed 1-19-78; effective thirtieth day thereafter
						(Register 78, No. 3).
3. Repealer filed 8-14-81; effective thirtieth
						day thereafter (Register 81, No. 33).
Note: Authority cited: Section
						  30333,
						  Public Resources Code. Reference: Sections
						  30334
						  and
						  30620,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 8 - Procedures for the Issuance of Commission Cease and Desist Orders › Section 13180 - Definition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The term
				  "satisfactory manner" when used to characterize a response to a notice provided
				  in accordance with the requirements of section
				  30809(b)
				  of the Public Resources Code shall mean a response that is made in the manner
				  and within the timeframe specified in the notice, and either:
(1) provides information sufficient to
				  demonstrate to the satisfaction of the executive director that either (A) the
				  activity specified in the notice does not meet the criteria of section
				  30809(a)
				  of the Public Resources Code or (B) the person(s) to whom the notice was
				  directed is/are not responsible for the activity, or
(2)
(A)
				  provides all information concerning the activity requested by the
				  notice,
(B) results in an immediate
				  and complete cessation of all work on the project, or portion thereof,
				  specified in the notice,
(C)
				  demonstrates, to the satisfaction of the Executive Director, that any
				  affirmative actions required by the notice for the purpose of preventing
				  irreparable injury to the area in which the activity is located can be
				  undertaken legally without additional Coastal Act authorization, and
(D) includes an agreement by the recipient(s)
				  of the notice, followed by actions which fully carry out such agreement, to
				  comply with all of the requirements listed in the notice in the manner and
				  within the timeframe specified in the notice.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 8 - Procedures for the Issuance of Commission Cease and Desist Orders › Section 13182 - Distribution of Notice of Hearings on Proposed Cease and Desist Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At least ten (10) days prior to a hearing on a proposed
					 commission cease and desist order, the executive director shall transmit
					 written notice of the date, time, and place of the hearing to all alleged
					 violators and transmit to all members of the public who have requested in
					 writing that they receive such notice. This written notice may be transmitted
					 by regular mail to the last known address of any recipient, or by electronic
					 mail to any person who has agreed to receive notice in that
					 manner.
1. New
					 section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2.
					 Amendment filed 7-30-2019; operative 1-1-2020 pursuant to Government Code
					 section
					 11343.4(b)(2)
					 (Register 2019, No. 31).
Note: Authority cited: Section
						30333,
						Public Resources Code. Reference: Section
						30810,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 8 - Procedures for the Issuance of Commission Cease and Desist Orders › Section 13183 - Contents of an Executive Director's Recommendation on Proposed Cease and Desist Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The executive director shall prepare a recommendation on a proposed commission
				  cease and desist order.
(b) The
				  executive director's recommendation shall be in writing and shall include, at
				  minimum:
(1) a copy of any statement of
				  defense form completed and returned to the Commission by the alleged
				  violator(s) pursuant to section
				  13181;
(2) a brief summary of (A) any background to
				  the alleged violation, (B) the allegations made by staff in its violation
				  investigation, (C) a list of all allegations either admitted or not contested
				  by the alleged violator(s), (D) all defenses and mitigating factors raised by
				  the alleged violator(s), and (E) any rebuttal evidence raised by the staff to
				  matters raised in the alleged violator's assertion of any defense or mitigating
				  factor with references to supporting documents;
(3) a summary and analysis of all unresolved
				  issues;
(4) a statement of (A)
				  whether the executive director has issued a cease and desist order relating to
				  the same activity, and if so (B) its expiration date; and (C) the extent of the
				  alleged violator(s)' compliance therewith;
(5) the proposed text of any cease and desist
				  order that the executive director recommends that the commission
				  issue.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 8 - Procedures for the Issuance of Commission Cease and Desist Orders › Section 13184 - Distribution of Executive Director's Recommendation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive director's recommendation on a proposed cease
					 and desist order shall be distributed to the alleged violator(s) and otherwise
					 to the persons and in the manner provided in section
					 13059.
1. New
					 section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2.
					 Amendment filed 1-12-98; operative 2-11-98 (Register 98, No. 3).
3.
					 Amendment filed 7-30-2019; operative 1-1-2020 pursuant to Government Code
					 section
					 11343.4(b)(2)
					 (Register 2019, No. 31).
Note: Authority cited: Section
						30333,
						Public Resources Code. Reference: Section
						30810,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 8 - Procedures for the Issuance of Commission Cease and Desist Orders › Section 13186 - Evidence Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Presentation and consideration of evidence at a hearing on
					 a proposed cease and desist order shall be governed by the standards set forth
					 in section
					 13065 of these
					 regulations.
1. New
					 section filed 8-4-92; operative 9-3-92 (Register 92, No.
					 32).
Note: Authority cited: Section
						30333,
						Public Resources Code. Reference: Section
						30810,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 8 - Procedures for the Issuance of Commission Cease and Desist Orders › Section 13187 - Contents and Reporting of Cease and Desist Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Cease and desist orders shall be signed
				  by the executive director and shall contain at a minimum the following:
(1) a statement of whether the executive
				  director is issuing the order pursuant to section
				  30809
				  of the Public Resources Code or the commission is issuing the order pursuant to
				  section
				  30810
				  of the Public Resources Code;
(2)
				  if applicable, a statement that the cease and desist order is being issued
				  pursuant to subsection (a)(1), (2), or (3) of section
				  30809
				  or
				  30810
				  of the Public Resources Code;
(3)
				  in the case of any order issued by the executive director:
(A) a copy of the written notice or
				  confirmation of notice, as the case may be, previously provided pursuant to
				  section
				  30809(b)
				  of the Public Resources Code to the person(s) to whom the order is
				  directed;
(B) if applicable, notice
				  of the executive director's intent to commence a proceeding for the issuance of
				  a cease and desist order by the commission relating to the same activity,
				  including notice of the date and place of the public hearing to be held as part
				  of such a proceeding if the executive director has scheduled
				  one;
(4) the names of the
				  person or persons who have undertaken or who are threatening to undertake the
				  activity that is the subject of the order;
(5) identification of the property where the
				  activity has been undertaken or may be undertaken;
(6) a description of the activity;
(7) the effective date of the
				  order;
(8) the expiration date, if
				  any, of the order;
(9) any terms,
				  conditions, or other provisions authorized by sections
				  30809(c)
				  or
				  30810(b)
				  of the Public Resources Code. Any term or condition that the commission may
				  impose pursuant to section
				  30810(b)
				  of the Public Resources Code which requires removal of any development or
				  material shall be for the purpose of restoring the property affected by the
				  violation to the condition it was in before the violation occurred;
(10) in the case of any order issued by the
				  commission, written findings that (A) explain the decision to issue the order
				  and (B) provide the factual and legal basis for the issuance of the
				  order;
(11) notice that any person
				  to whom the order is directed may seek from the superior court a stay of the
				  order pursuant to section
				  30803(b)
				  of the Public Resources Code.
(12)
				  a statement of the obligation of the person(s) subject to the order to conform
				  strictly to its terms and the consequences specified in section
				  30821.6
				  of the Public Resources Code of the failure to do so.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 8 - Procedures for the Issuance of Commission Cease and Desist Orders › Section 13188 - Rescission or Modification of Cease and Desist Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive director may rescind or
				  modify a cease and desist order that he or she has issued, but he or she shall
				  not do so in a manner that extends the 90-day expiration period provided for in
				  section
				  30809(e)
				  of the Public Resources Code unless the person(s) subject to the order
				  stipulate(s) in writing to the extension. The executive director may, however,
				  issue consecutive cease and desist orders for a persisting violation or a
				  persisting threatened violation. In connection with the issuance of any such
				  consecutive cease and desist order the executive director shall issue a
				  statement explaining the circumstances which in his or her opinion justify
				  issuance of such an order.
(b) The
				  commission, after public hearing, may rescind or modify a cease and desist
				  order that it has issued. A proceeding for such a purpose may be commenced by
				  (1) any person to whom the cease and desist order is directed, (2) the
				  executive director or (3) any two members of the commission. A person to whom a
				  cease and desist order is directed may commence a proceeding for the purpose of
				  rescinding or modifying that cease and desist order only where the person
				  demonstrates to the satisfaction of the executive director that there has been
				  a material change in the facts upon which the order was issued. Upon receipt of
				  a request pursuant to this subsection (b) for rescission or modification of a
				  cease and desist order issued by the Commission, a hearing on the request shall
				  be held at the next regularly scheduled meeting or as soon thereafter as is
				  practicable after notice to all persons subject to the order or whom the
				  executive director otherwise has reason to know would be interested in the
				  matter.
1. New
					 section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2.
					 Amendment of subsection (b) filed 1-12-98; operative 2-11-98 (Register 98, No.
					 3).
Note: Authority cited: Section
						30333,
						Public Resources Code. Reference: Sections
						30809
						and
						30810,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 9 - Procedures for the Issuance of Restoration Orders › Section 13190 - Definition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The elements of the term "continuing resource damage," as
					 such term is used in section
					 30811
					 of the Public Resources Code, shall have the following meanings:
(a) "Resource" means any resource which is
				  afforded protection under the policies of Chapter 3 of the Coastal Act,
				  including but not limited to public access, marine and other aquatic resources,
				  environmentally sensitive wildlife habitat, and the visual quality of coastal
				  areas.
(b) "Damage" means any
				  degradation or other reduction in quality, abundance, or other quantitative or
				  qualitative characteristic of the resource as compared to the condition the
				  resource was in before it was disturbed by the violation.
(c) "Continuing," when used to describe
				  "resource damage," means such damage which continues to occur as of the date of
				  issuance of the restoration order.
1. New
					 subchapter 9 (sections
					 13190-13197) and section filed
					 1-7-98; operative 2-6-98 (Register 98, No. 2).
2. Amendment of
					 section heading and subsection (b) filed 11-27-2019; operative 1-1-2020
					 (Register 2019, No. 48).
Note: Authority cited: Section
						30333,
						Public Resources Code. Reference: Section
						30811,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 9 - Procedures for the Issuance of Restoration Orders › Section 13192 - Distribution of Notice of Hearings on Proposed Restoration Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At least ten (10) days prior to a hearing on a proposed
					 restoration order, the executive director shall transmit written notice of the
					 date, time, and place of the hearing to all alleged violators and to all
					 members of the public who have requested in writing that they receive such
					 notice. This written notice may be transmitted by regular mail to the last
					 known address of each recipient, or by electronic mail to any person who has
					 agreed to receive notice in that manner.
1. New
					 section filed 1-7-98; operative 2-6-98 (Register 98, No. 2).
2.
					 Amendment filed 7-30-2019; operative 1-1-2020 pursuant to Government Code
					 section
					 11343.4(b)(2)
					 (Register 2019, No. 31).
Note: Authority cited: Section
						30333,
						Public Resources Code. Reference: Section
						30811,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 9 - Procedures for the Issuance of Restoration Orders › Section 13193 - Contents of an Executive Director's Recommendation on Proposed Restoration Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The executive director shall prepare a recommendation on a proposed restoration
				  order.
(b) The executive director's
				  recommendation shall be in writing and shall include, at minimum:
(1) a copy of any statement of defense form
				  completed and returned to the Commission by the alleged violator(s) pursuant to
				  section 13191;
(2) a brief summary of (A) any background to
				  the alleged violation, (B) the allegations made by staff in its violation
				  investigation, (C) a list of all allegations either admitted or not contested
				  by the alleged violator(s), (D) all defenses and mitigating factors raised by
				  the alleged violator(s), and (E) any rebuttal evidence raised by the staff to
				  matters raised in the alleged violator's assertion of any defense or mitigating
				  factor with references to supporting documents;
(3) a summary and analysis of all unresolved
				  issues;
(4) the proposed text of
				  any restoration order that the executive director recommends that the
				  commission issue.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 9 - Procedures for the Issuance of Restoration Orders › Section 13194 - Distribution of Executive Director's Recommendation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive director's recommendation on a proposed
					 restoration order shall be distributed to the alleged violator(s) and otherwise
					 to the persons and in the manner provided in section
					 13059 of these regulations for
					 application summaries.
1. New
					 section filed 1-7-98; operative 2-6-98 (Register 98, No.
					 2).
Note: Authority cited: Section
						30333,
						Public Resources Code. Reference: Section
						30811,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 9 - Procedures for the Issuance of Restoration Orders › Section 13195 - Procedure for Hearing on Proposed Restoration Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A hearing on a proposed restoration order shall proceed in
					 the manner and in accordance with the rules of evidence specified in sections
					 13185 and
					 13186 of these
					 regulations.
1. New
					 section filed 1-7-98; operative 2-6-98 (Register 98, No.
					 2).
Note: Authority cited: Section
						30333,
						Public Resources Code. Reference: Section
						30811,
						Public Resources Code.