Natural Community Conservation Planning

Section 2800 names this chapter as the Natural Community Conservation Planning Act. Section 2801 includes ten legislative findings and declaration. Section 2802 includes an additional legislative finding and declaration, as well as a statement of legislative intent.

Section 2805 defines the following terms: “adaptive management,” “candidate species,” “changed circumstances,” “conserve,” “conservation,” “covered species,” “department assurance,” “monitoring program,” “natural community conservation plan,” “person,” “plan participant,” “unforeseen circumstances,” “wildlife,” and “wildlife agencies.”

Section 2809 states that any person, or any local, state, or federal agency, independently, or in cooperation with other persons, may undertake natural community conservation planning.

Section 2810 authorizes the department to enter into an agreement with any person or public entity for the purpose of preparing a natural community conservation plan, in cooperation with a local agency that has land use permit authority over the activities proposed to be addressed in the plan, to provide comprehensive management and conservation of multiple wildlife species. The agreement is required to meet all of the nine specified conditions.

Section 2815 requires the department to establish, in cooperation with the parties to the planning agreement, a process for public participation throughout plan development and review to ensure that interested persons, including landowners, have an adequate opportunity to provide input to lead agencies, state and federal wildlife agencies, and others involved in preparing the plan. The public participation objectives of this section may be achieved through public working groups or advisory committees, established early in the process. This process is required include all of the items specified in this section.

Section 2820 requires the department to approve a natural community conservation plan for implementation after making the ten required findings, based upon substantial evidence in the record. A natural community conservation plan approved pursuant to this section must include an implementation agreement that contains all of nine specified requirements.

Section 2821 requires the department to undertake two specified actions.

Section 2822 allows the department to seek injunctive relief against any plan participant, person, or entity to enforce this chapter.

Section 2823 requires the department to suspend or revoke any permit, in whole or in part, issued for the take of a species if the continued take of the species would result in jeopardizing the continued existence of the species.

Section 2825 allows the department to adopt regulations for the development and implementation of natural community conservation plans consistent with this chapter.

Section 2826 explains that nothing in this chapter exempts a project proposed in a natural community conservation planning area from applicable laws.

Section 2827 states that implementation of natural community conservation plans are to use the services of either the California Conservation Corps or local community conservation corps.

Section 2828 says that nothing in this chapter prohibits a local government from exercising any power or authority granted to it pursuant to state law to acquire land or water to implement a plan.

Section 2829 allows the department to be compensated for the actual costs incurred in participating in the preparation and implementation of natural community conservation plans. These costs may include consultation with other parties to agreements and compiling wildlife and wildlife habitat data, reviewing and approving the final plan, monitoring implementation of the plan, and other activities necessary to the preparation and implementation of a plan.

Section 2830 explains that nothing in this chapter prohibits the taking or the incidental take of any identified species if the taking is authorized by the department pursuant to any of the five specified plans.

Section 2835 allows the department to authorize, at the time of plan approval, by permit the taking of any covered species, including species designated as fully protected species whose conservation and management is provided for in a natural community conservation plan approved by the department.