Wetland Program 7 



Program Type 



State 



Name of Program 



Administering Agency 



Implementation Method 



Legal Authority 



Resources (Funds and Staff) 

 Lands Covered 



Inventory and Classification 



Activities Regulated 



Exemptions 



Lands Covered 



Compliance 

 Education 

 Problems 

 Success 



EPA Role 

 Needed from EPA 

 Taking Issues 



Mitigation 

 Cumulative Impacts 



Other Programs 



California 



State Lands Public Trust Doctrine 



State Lands Commission, exclusive jurisdiction 



70 cities, counties and districts (like Port 



districts) administer tidelands granted by the 



state 



Grant tidelands to localities by the state 



Wetlands protected by public trust 



Issues permits and leases 



Supreme Court decision of 1981 extended public 



trust jurisdiction which added 4,000 more miles 



of shoreland and inland wetland to the trust 



(navigable only) 



Cal. Govt. Code Sec. 13109, Cal. Publ . Res. Code 



Sec. 6301-6312, 6321-6327 



Unknown 



State owned tidelands and submerged lands (most 



of the state's tidelands are owned by the state 



or the legislature's public grantees in trust) 



Private property (tidelands and submerged lands) 



is protected by public trust 



Nontidal navigable water are in public trust as 



of 1981 



Due to illegal surveying, property boundaries 



are unclear 



Tidal and submerged lands are being mapped 



Removal of dredged material 



None 



Bottom habitat as well as other section 404(b) (1) 



values 



Limited to reported amounts of material removal 



None 



Jurisdictional boundaries are sometimes unclear 



Have successful permit program which refers 



environmental issues to other resource agencies 



as well as conducts own in-house environmental 



review 



None 



None 



Many cases that involve litigation over state 



ownership 



None required 



Subjective evaluation 



