Laws, Codes and Regulations Flashcards
National Environmental Policy Act (NEPA)
Typical Role:
Provides baseline standards for Federal projects
Power to issue/deny dev permits?
Yes, Environmental review process
Examples:
NEPA only applies to projects with federal funding or that require federal approval. If NEPA is triggered, CEQA is automatically also put in motion.
California Environmental Quality Act (CEQA)
Typical Role:
Lays out California review process, including very detailed categories for environmental impact review
Power to issue/deny dev permits?
Yes, Environmental review process
Examples:
CEQA applies to any project that needs approval by a public agency.
Americans with Disabilities Act (ADA)
US Access Board in conjunction with Dept of Justice and Dept of Transporation
Typical Role:
Provides baseline standards for accessibility standards in public places (does not apply to private residences)
Power to issue/deny dev permits?
No
Examples:
California Commission on Disability Access
Typical Role:
Researches disability issues and makes recommendations to the state legislature for incorporation into CA Title 24, the Building Standards Code
Power to issue/deny dev permits?
No
Examples:
California Disability Access Law is enforced by local planners and permit reviewers
Division of the State Architect
(DSA)
Typical Role:
Provides design and construction oversight for K-12 schools, community colleges, fire and police stations and other state-owned facilities. DSA review also includes structural and fire safety review.
Power to issue/deny dev permits?
Yes, Building permit approval agent for State buildings
Examples:
State owned school playgrounds, new campus projects, fire departments, police facilities are reviewed for accessibility by DSA as part of the building permit review
Clean Air Act
(EPA)
Typical Role:
Provides baseline standards
Power to issue/deny dev permits?
No (mostly)
Examples/Notes:
Title V of the federal Clean Air Act creates an operating permits program that is implemented by the states. However EPA directly issues operating permits for projects in Indian country.
California Air Resources Board
(CARB)
Typical Role:
CARB’s 35 air pollution control agencies/districts issue permits and keep air quality records.
Power to issue/deny dev permits?
Yes, Any project that may cause pollution impacts to State air quality
Notes:
These rarely apply to landscape projects since they are usually targeting combustion engines and industrial emissions
Clean Water Act
(EPA)
Typical Role:
Provides baseline standards
Power to issue/deny dev permits?
No
Examples/Notes:
Any activity which may result in a discharge to a water body must obtain State Water Quality Certification from the State Water Boards or a permit from the Army Corps of Engineers
US Army Corps of Engineers
(US ACE)
Typical Role:
Regulates and builds projects for flood control, maintaining navigable waterways, and protecting and restoring wetlands. Also provides engineering services to the military for bases and wartime construction in the US and abroad
Power to issue/deny dev permits?
Yes - All construction in wetlands and navigable waterways, flood control
Examples/Notes:
Flood control channelization of the LA River, ongoing hydraulic studies at the SF Bay Model. Is lead agency for all construction that occurs in US navigable waters and wetlands, especially related to dredging channels for shipping and filling wetlands
State Water Boards
(9 regional water boards)
Typical Role:
Establish standards for projects with potential impacts to water quality and issues National Pollutant Discharge Elimination System (NPDES) and California Non-point source Pollution Control (Cal NPS) permits for qualifying projects
Power to issue/deny dev permits?
Yes - Any project that may cause pollution impacts to State waters
Examples/Notes:
Stormwater treatment standards and BMPs. In the Bay Area, you may know these standards as “C.3 requirements” based on SF Bay Regional Water Quality Control Board’s permit code. In LA County, Sacramento, and the Central Valley, similar regulations are known as an “MS4 permit” based on the federal EPA code.
California Coastal Commission
(CCC)
Typical Role:
Regulates and issues permits in coastal areas as defined by the Coastal Zones Management Act of 1972 map, which varies in width from several hundred feet to five iles, and offshore to three miles of ocean. DOes not includes SF Bay (which is regulated by BCDC)
Power to issue/deny dev permits?
Yes - Any project within the Coastal Zone
Examples/Notes:
In one famouse case, the Commission, California state governement, and wealthy landowner Vinod Khosla engaged in litigation for 10 years over reopening a public pathway through Khosla’s property to Martin’s Beach. Kholsa was wealthy enough to keep the case going until he lost in the Supreme Court in 2018.
State Coastal Conservancy
Typical Role:
Acquires and develops land along California’s coast to protect, restore and increase public access, including SF Bay Area
Power to issue/deny dev permits?
No
Examples/Notes:
This non-profit is on the conservation side. They award grants but do not have permit review responsibilities. SCC has completed or funded many projects, including Santa Ana River Conservancy and the California Coastal Trail.
Bay Conservation and Development Commission
(BCDC)
Typical Role:
Regulates and issues permits within the tidal areas of the SF Bay Area, including land within 100’ of the shoreline. Administers the federal Coastal Zone Management Act within SF Bay and works with the Army Cops to regulate filling and dredging in these areas.
Power to issue/deny dev permits?
Yes - Any construction within the SF Bay waters and shorelines
Examples/Notes:
Bay Bridge had to get approval from BCDC. They are currently trying to discourage a liveaboard community in Richardson Bay, where derelict but still floating boats are a shelter of last resort for people who would otherwise be homeless.
Bureau of Reclamation
Typical Role:
Responsible for building and maintaining water systems, including dams and the Central Valley Water Project, which provides Northern California water to Central Valley irrigation districts.
Power to issue/deny permits?
No
Examples/Notes:
Delta-Mendota, Contra Costa and Friant-Kern canals
Department of Water Resources
(DWR)
Typical Role:
Provides and regulates public water, including wells and groundwater. Owns, operates and maintains the State Water Project, which brings water from Northern California to Central and Southern California. Also develops and administers water conservation programs like MWELO.
Power to issue/deny permits?
No
Examples/Notes:
California Aqueduct, Oroville Dam, San Luis Reservoir
Metropolitan Water District of Southern California
(MWD)
Typical Role:
Formed by an act of the California State Legislature in 1928 to build and operate the Colorado River Aqueduct and bring water to Southern California. Consortium of the 26 water districts.
Power to issue/deny permits?
No
Examples/Notes:
Provides water to people in Los Angeles, Orange, Riverside, San Bernadino, San Diego and Ventura counties. Los Angeles, Colorado and San Diego Aqueducts.
San Francisco Public Utilities Commission
(PUC)
Typical Role:
Supplies the City of San Francisco with water from aqueducts, local groundwater, recycled water and purchased water from MSD
Power to issue/deny permits?
No
Examples/Notes:
Hetch Hetchy Regiona Water System
East Bay Municipal Water District
(EBMUD)
Typical Role:
Supplies water from the western Sierras to the Eastern counties of the SF Bay Area
Power to issue/deny permits?
No
Examples/Notes:
Mokelumne River watershed, EBMUD Mokelumne Aqueducts
US Fish and Wildlife Service
Typical Role:
Writes and administers Endangered Species Act regulations, including designation of ‘critical habitat’ areas
Power to issue/deny permits?
No
Examples/Notes:
Critical habitat areas cannot be distrubed without Fish and Wildlife’s permission. While they do not formally issue development permits, they have a lot of power
California Fish and Game Commission
Typical Role:
Develops policy for wildlife conservation, including appropriate management of sport fishing and hunting. These policies are implemented and enforced by the Dep of Fish and Wildlife.
Power to issue/deny permits?
No
Examples/Notes:
California Fish and Wildlife
Typical Role:
Regulates private landowners through the Endangered Species Act and streambed alteration law. The agency also administers a large amount of land set aside for wildlife.
Power to issue/deny permits?
No
Examples/Notes:
US Department of the Interior Bureau of Land Management
(BLM)
Typical Role:
Manages federally owned desert and mountain lands, usually remote, with sensitive environmental habitats
Power to issue/deny permits?
No
Examples/Notes:
Both BLM and US Forest Services struggle to balance their conservation mission against the desires of other user groups, who wish to film, hunt, place solar farms, log, or ski on their lands
US Forestry and Fire Protection
(Cal Fire)
Office of the State Fire Marshal
(OSFM)
Typical Role:
Develops fire prevention standards, manages State properties. Provides fire inspections upon request. Fights fires on State owned and privately owned timber lands. Tracks current fires and provides public updates. Reviews projects at the planning stage in forested communities
Power to issue/deny permits?
No
Examples/Notes:
National Park Service
(NPS)
Typical Role:
Owns and maintains National Parks, mostly in the Sierras and in Southern CA deserts. Mission is providing recreation and conservation only.
Power to issue/deny permits?
No
Examples/Notes:
Nine national parks are in CA:
Death Valley
Joshua Tree
Channel Islands
King’s Canyon
Sequoia
Yosemite
Pinnacles
Redwoods
Lassen Volcanic Park
Department of Parks and Recreation
Typical Role:
Owns and maintains California State Parks in partnership with non-profit funding partners. May review projects that affect state park land.
Power to issue/deny permits?
No
Examples/Notes:
Department of Conservation
Typical Role:
Administers the Williamson Act, Surface Mining and Reclamation Act (SMARA), and other natural resource oriented laws
Power to issue/deny permits?
No
Examples/Notes:
The Williamson Act allows contracts between government and private landowners that restrict land use to agriculture or open space. SMARA minimizes environmental impacts and provides for reclamation when mining operations end.
California Energy Commission
(CEC)
Typical Role:
Regulates the siting of conventional, solar, thermal and wind power plants. They also administer energy efficiency programs in appliances and buildings through CA Title 20 and 24.
Power to issue/deny permits?
No
Examples/Notes:
These rarely apply to landscape projects since CEC regulations are usually targeting interior architectural systems
Federal Emergency Management Agency
(FEMA)
Typical Role:
Provides maps and support for disaster prevention (especially flooding) and disaster relief after natural disasters
Power to issue/deny permits?
No
Examples/Notes:
FEMA Flood maps are the basis for setting insurance rates, and also used by planners to draw land use boundaries. National Flood Hazard Layer (NFHL) is a GIS database that is constantly updated. It covers 90% of the US.
National Flood Insurance Program
(NFIP)
Typical Role:
Sets standards for development near floodplains
Power to issue/deny permits?
No
Examples/Notes:
Provides insurance policies for property owners
Department of Water Resources
(DWR)
(With respect to flood prevention and relief)
Typical Role:
Maintains additional maps showing areas of potential flooding due to levee failure, especially in the Delta and Central Valley. Levee Flood Protection Zone or LFPZ
Power to issue/deny permits?
No
Examples/Notes:
DWR maintains an interactive map with layers for FEMA data but also for the LFPZ and for coastal areas projected to flood due to sea level rise. These maps are used for informational purposes only.
Local Planning Department
Typical Role:
Responsible for applying standards in regulating land use. Flood Zones are usually included on zoning maps
Power to issue/deny permits?
Yes- All construction in and near floodplains, flood fringes and LFPZs
Examples/Notes:
Regulations vary but the standards are consistent throughout the state
National Historic Register
Typical Role:
Listing does not provide any protection or limit owner’s ability to alter a historic property
Power to issue/deny permits?
No
Examples/Notes:
Federal agency is responsible for listing only
California Office of Historic Preservation
Typical Role:
Regulates and enforces the California Historic Building Code (CHBC)
Power to issue/deny permits?
Yes
Examples/Notes:
New construction/renovation of listed properties is restricted - must be done in accordance with CHBC
Certified Local Government/Historic Preservation Review Committee
Typical Role:
Provides local support and nomination review for the California Office of Historic Preservation
Power to issue/deny permits?
No
Examples/Notes:
Native American Graves Protection and Repatriation Act
(NAGPRA)
Typical Role:
NAGPRA Review Committee determines if a criminal violation has occurred, and then refers the case to the FBI
Power to issue/deny permits?
Yes
Examples/Notes:
Human remains used as architectural ornamentation in Ralph Glidden’s Catalina Island Indian Museum were returned to the Grabrieleno-Tongva people for reburial in 2016 through NAGPRA
State of California Native American Heritage Commission
(NAHC)
Typical Role:
Once involved, the NAHC will work to determine and designate Most Likely Descendants (MLDs). The MLD is the only entity permitted to decide what becomes of Native American human remains. If no MLD can be identified, the remains are left in place and put under legal protection through an easement
Power to issue/deny permits?
Yes
Examples/Notes:
Since NAGPRA only applies to federally listed tribes, 80% of the collection at UC Berkeley’s Hearst Museum has not been returned to the Ohlone and other state-listed tribes of the Bay Area. NAHC is working to resolve the repatriation of these remains.
County Coroner
Typical Role:
Responsible for determining whether human remains are Native American. If found to be, Coroner is responsible for contacting the State NAHC.
Power to issue/deny permits?
No
Examples/Notes:
Federal Highway Administration
(FHWA)
Typical Role:
Provides baseline standards (Manual on Uniform Traffic Control Devices, MUTCD, 2009 revisions 2, May 2021) and designs, builds and maintains Federal transportation projects
Power to issue/deny permits?
No
Examples/Notes:
Caltrans
Typical Role:
Maintains detailed standards, including Caltrans Standard Specifications and Details, and designs, builds and maintains State-owned transportation projects throughout California. Also reviews projects that cross or border on Caltrans land
Power to issue/deny permits?
No
Examples/Notes:
Tahoe Regional Planning Agency
Typical Role:
Regulated and issues permits in the Lake Tahoe area
Power to issue/deny permits?
Yes - Acts as a city permit agency for this region
Examples/Notes:
Has permitting responsibility that a city or county would normally provide, including subdivision review, tree removal, grading and construction activities
Delta Protection Commission
Typical Role:
Charged with protection of the Sacramento- San Joaquin Delta. Has very limited regulatory power.
Power to issue/deny permits?
No
Examples/Notes:
Major work is the Vision 2030 Strategic Plan, which is in process.
Southern California Association of Governments
(SCAG)
Typical Role:
Cooperative advisory planning association for the greater Los Angeles area. The nation’s largest metropolitan planning organization.
Power to issue/deny permits?
No
Examples/Notes:
Develops General Plan studies at the regional scale, including Regional Housing Needs Assessment and Regional Transportation plans
Association of Bay Area Governments
(ABAG)
Typical Role:
Cooperative advisory planning association for the greater SF Bar Area.
Power to issue/deny permits?
No
Examples/Notes:
SF Bay Trail, Bay Area Regional Energy Network, SF Estuary Partnership
Sacramento Council of Governments
(SACOG)
Typical Role:
Cooperative advisory planning association for the greater Sacramento area
Power to issue/deny permits?
No
Examples/Notes:
San Diego Association of Governments
(SANDAG)
Typical Role:
Cooperative advisory planning association for the San Diego area
Power to issue/deny permits?
No
Examples/Notes:
