CALIFORNIA COASTAL COMMISSION
The California Coastal Commission (CCC) is an independent state agency that protects and enhances California’s coast and ocean through land use planning, development regulation, and public access initiatives.
Established by a 1972 voter initiative and made permanent in 1976, the Coastal Commission enforces theĀ California Coastal Act, ensuring environmental protection and maximizing public access to the coastline while also considering issues like climate change and sea-level rise.Ā An experienced attorney can help guide clients through land use law including interaction with the California Coastal Commission. Ā
A Brief History
Alarmed by private development that was cutting off public access to the shore and catalyzed by the 1969 Santa Barbara oil spill, Californians rallied to “Save Our Coast”. This grassroots effort led to the passage of Proposition 20, the Coastal Initiative, which created a temporary commission. In 1976, the State Legislature made the Commission permanent by adopting the California Coastal Act, the foundational law guiding coastal regulation.
Mission and Key Responsibilities
The California Coastal Commission’s mission is rooted in the principle that “the coastal zone belongs to all”. Its primary responsibilities include:
Regulating Development: The California Coastal Commission regulates development within the designated “coastal zone,” which stretches along the California coast from the Mexico to the Oregon border, three miles into the Pacific Ocean, and about 1,000 yards inland from the high tide line. In significant coastal estuarine, habitat, and recreational areas, the coastal zone extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less. In developed urban areas the coastal zone may extend inland less than 1,000 yards.
Local California governments create their own Local Coastal Programs (LCPs) to guide development in the coastal zone. These plans must be approved by the California Coastal Commission. Once a Local Coastal Program is certified, the authority for issuing most Coastal Development Permits (CDPs) is delegated to the local government, which then applies its own certified LCP standards. The Coastal Commission retains some continuing permit and appeal jurisdiction, and also must certify any future amendments to the LCP.
Maximizing Public Access: A central tenet of the California Coastal Act is to maximize public access to and along the coast. The California Coastal Commission achieves this by requiring new developments to provide public access, installing directional signs, and partnering with other agencies to provide amenities like restrooms and beach wheelchairs.
Protecting Natural Habitats: The California Coastal Commission’s authority extends to preserving fragile coastal ecosystems, including wetlands, dunes, and bluffs. Its enforcement program works to remedy violations of the California Coastal Act by mandating habitat restoration.
Addressing Climate Change: The California Coastal Commission is mandated to consider the impacts of climate change, including sea level rise and coastal erosion, through its planning and regulatory activities.
Promoting Environmental Justice: The California Coastal Commission is committed to ensuring the coast is accessible to all Californians, regardless of socioeconomic status, and has an Environmental Justice Policy to guide its work with underserved communities.
Governance and Structure
The California Coastal Commission is composed of twelve voting members and three non-voting members. Voting members are appointed equally by the Governor, the Senate Rules Committee, and the Speaker of the Assembly, with each appointing four commissioners. Of the twelve voting members, six are locally elected officials and six are appointed from the general public, ensuring statewide local government representation. The three non-voting members are the Secretaries of the California Natural Resources Agency and the State Transportation Agency, and the Chair of the State Lands Commission.
Controversies and Criticisms
Despite its celebrated environmental mission, the California Coastal Commission is not without its critics. Detractors argue the agency exacerbates California’s housing shortage by limiting development and that its processes are cumbersome and costly for property owners. These debates have led to ongoing political discussions and legislative efforts to reform the Commission’s authority.
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