CALIFORNIA COASTAL DEVELOPMENT PERMIT
A California Coastal Development Permit (CDP) is a permit required for most development in the state’s coastal zone, designed to ensure projects comply with the California Coastal Act and protect coastal resources like public access, environmentally sensitive habitats, and views. Permits are issued by either the California Coastal Commission or, more commonly, by a local city or county government after it has a certified Local Coastal Program (LCP). The process can be complex and involves submitting an application for review to ensure consistency with the state’s policies, especially in the face of challenges like sea-level rise.
An experienced attorney can help guide clients through land use law, including obtaining the Coastal Development Permit (or other permits), appeals of denials, as well as interaction with the California Coastal Commission and local government entities.
What is the coastal zone?
The coastal zone 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.
What constitutes “development”?
The definition of development is broad and includes not only construction of buildings but also significant changes to the use of land or water. Common examples that require a Coastal Development Permit include:
- New construction (homes, additions, accessory structures)
- Exterior remodels that change massing, height, or setbacks
- Any work seaward of the mean high tide line or on public trust lands
- Shoreline protection structures like seawalls or their replacement
- Land grading, excavation, or dredging
- Removal of major vegetation
Who issues the Coastal Development Permit?
Local governments: Once a city or county has its Local Coastal Program certified by the California Coastal Commission, most permit authority is delegated to the local government.
California Coastal Commission: The Coastal Commission retains direct permitting authority for certain lands, like tidelands and public trust lands, and for areas without a certified Local Coastal Program.
Appeals: The Coastal Commission also hears appeals of eligible local government decisions within certain “appealable areas”.
What is the process?
Application: Submit a Coastal Development Permit application, which is separate from and in addition to other city or county permits.
Review: The local government or California Coastal Commission staff will review the project to ensure it complies with the relevant policies in the California Coastal Act and the certified Local Coastal Program. This often involves an environmental review under the California Environmental Quality Act (CEQA).
Decision: Staff will prepare a report with a recommendation to approve (often with conditions) or deny the Coastal Development Permit. A public hearing may be held.
Approval or denial: The final Coastal Development Permit decision is made by the appropriate authority, which could be the Planning Commission, City Council, or the California Coastal Commission itself.
Key considerations
Coastal resources: The primary goal is to protect public access, environmentally sensitive habitat areas, visual resources, and other natural and recreational coastal resources.
Sea-level rise: Projects in vulnerable areas must address hazards like flooding and erosion related to sea-level rise.
Other permits: A Coastal Development Permit is a required step that is separate from other permits, such as building permits, which may also be necessary.
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