California Statewide Rule
California Coastal Act Preempts Local Coastal Decisions
Key Facts
- Permit trigger
- PRC 30600
- Appeal authority
- PRC 30603
- Civil penalty cap
- $30,000 per violation
- Daily penalty
- $15,000 per day
- Public access mandate
- PRC 30210
Summary
The California Coastal Act, Public Resources Code sections 30000 through 30900, requires Coastal Development Permits for nearly all work in the coastal zone and gives the Coastal Commission appeal jurisdiction over local decisions.
Except as provided in subdivision (e), and in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, any person, as defined in Section 21066, wishing to perform or undertake any development in the coastal zone, other than a facility subject to Section 25500, shall obtain a coastal development permit.
Full Breakdown
Public Resources Code 30600 requires a Coastal Development Permit for any development in the coastal zone. Section 30603 gives the California Coastal Commission appellate authority over locally issued CDPs in specified geographic areas, including the area between the sea and the first public road. Section 30519 conditions local permitting authority on having a certified Local Coastal Program. The Coastal Commission retains original jurisdiction over tidelands, submerged lands, and public trust lands under section 30519(b). Statewide policies on public access (30210), wetlands (30233), and visual resources (30251) bind every coastal city and county.
Violations & Penalties
Public Resources Code 30820 imposes civil penalties up to $30,000 per violation, plus $1,000 to $15,000 per day for knowing and intentional violations under section 30820(b). Restoration orders, misdemeanor charges, and administrative penalties under section 30821 are also available.
Frequently Asked Questions
Does the Coastal Act override local zoning?
What activities need a Coastal Development Permit?
Sources
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