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Delta Protection Commission
What is the Delta Protection Act?
In September of 1992, the California Legislature declared that the Sacramento-San Joaquin Delta, consisting of approximately 738,000 acres, is a natural resource of statewide, national, and international significance, containing irreplaceable resources and that it is the policy of the State to recognize, preserve, and protect those resources for the use and enjoyment of current and future generations.
Recognizing the possible threat to Delta resources from urban encroachment having the potential to significantly impact agriculture, wildlife habitat, and recreation uses, former Senator Patrick Johnston sponsored legislation (SB 1866) leading to the adoption of the Delta Protection Act. The Act, which is often referred to as the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992, was signed by the Governor on September 23, 1992, with subsequent amendments in 1996, 1998, 1999, and 2000. It is codified in the State Public Resources Code beginning with Sections 297000.
The Act includes mandates for the designation of primary and secondary zones within the legal Delta, creation of a Delta Protection Commission, and completion of a Land Use and Resource Management Plan for the Primary Zone.
The Delta Protection Commission
Pursuant to the provisions of the Act, the 23-member Delta Protection Commission was created. Its diverse composition provides for stakeholder representation in the areas of agriculture, habitat, and recreation.
As specifically provided for in the Act, members of the Commission include: landowners from north, south, west, and central Delta reclamation districts; a member of the County Board of Supervisors from each of the five Delta counties (Sacramento, San Joaquin, Contra Costa, Yolo and Solano); a representative from the Sacramento Area Council of Governments (SACOG), San Joaquin Council of Governments (SJCOG), and the Association of Bay Area Governments (ABAC); high level leaders from the California Departments of Fish and Game, Parks and Recreation, Boating and Waterways, Water Resources, Food and Agriculture, and the State Lands Commission; and Delta residents or landowners in the areas of production agriculture, outdoor recreation, and wildlife conservation. Ex-officio members of the Commission are Senator Mike Machado and Assemblywoman Lois Wolk.
Land Use and Resource Management Plan for the Primary Zone
As called for in the Act, a Land Use and Resource Management Plan for the Primary Zone of the Delta was prepared and adopted by the Commission in 1995 and revised in 2002.
The Management Plan sets out findings, policies, and recommendations resulting from background studies in the areas of environment, utilities and infrastructure, land use, agriculture, water, recreation and access, levees, and marine patrol/boater education/safety programs.
In conformance with the provisions of the Act, local government general plans are to provide for consistency with the provisions of the Management Plan. The Commission serves as an Appeal body in the event an action of a local entity on a project located within the Primary Zone is challenged as being inconsistent with the Act or the Management Plan. To date, there has only been one appeal to the Commission.
The Act also specifies that on January 1of each year, the Commission shall submit to the Governor and the Legislature a report describing the progress that has been made in achieving the objectives of the Act and the relevant sections of the Public Resources Code.
Primary and Secondary Zone Designations
Pursuant to the Act, the Primary Zone is the Delta land and water area of primary State concern and statewide significance situated within the boundaries of the Delta, as described in Section 12220 of the Water Code, but is not within either the urban limit line or sphere of influence line of any local government's general plan or studies existing as of January 1, 1992. The Precise boundary lines of the Primary Zone includes the land and water areas as shown on the map titled "Delta Protection Zones" on file with the California State Lands Commission. Where the boundary between the Primary Zone and Secondary Zone is a river, stream, channel, or waterway, the boundary line shall be the middle of that river, stream, channel, or waterway. The Primary Zone consists of approximately 500,000 acres.
The Secondary Zone is all the Delta land and water area within the boundaries of the legal Delta not included within the Primary Zone, subject to the land use authority of local government, and that includes the land and water areas as shown on the map referenced herein. The Secondary Zone consists of approximately 238,000 acres.
Challenges to Protecting and Enhancing the Agricultural, Habitat, and Environmental Resources of the Primary Zone
Information presented in sources that include the Great Valley Center's State of the Great Central Valley of California, the State Department of Conservation's Farmland Conversion Report, the State Department of Water Resources' Sacramento-San Joaquin Delta Atlas, and the Little Hoover Commission's Still Imperiled- Still Important indicates an anticipated doubling in the population of the Central Valley by 2040.
Development trends of increasing encroachment on the Delta are most obvious by considering the increasing number of residential housing developments and related commercial/infrastructure facilities proposed for both zones (although predominantly in the Secondary Zone). Corresponding trends that necessitate consideration in the analysis of growth rates include increasing demands for recreational use, public access, diversity in agricultural cropping patterns, habitat and open space enhancements, and infrastructure dependence for public safety.
Indicators that include regional population forecasts, and city and county general plan update movements underway demonstrate that growth trends will undoubtedly continue. Additionally, indicators that include agriculture production and farmland conversions, recreational facility user rates (including boating needs assessments), private to public land conversions, conservation easements (including mitigation banking sites), and infrastructure maintenance expenditures (or lack thereof) depict increasing demands on Delta resources that will continue as urban demands increase.
While development in the Primary Zone has been moderate and for the most part consistent with the provisions of the Management Plan, activities in the Secondary Zone have continued to increase at a significant rate. Thus the potential for development activities in the Secondary Zone to impact the Primary Zone continues to be of increasing concern and challenge for the Commission in assuring the resources of the Primary Zone are not compromised.
Effectiveness of the Act, the Commission, and the Management Plan
It is recognized that there will continue to be increasing demands for resources spurred on by increasing trends in urban growth and development. It is, therefore, the intent of the Commission to continue to work toward having a positive and collaborative dialogue with project proponents and local entities to proactively achieve the Commission's goals of preserving and enhancing the unique resources of the Primary Zone through balanced planning and continued implementation of the Management Plan. Proactive participation in the Grafting of local general plan update processes and Delta visioning processes underway will be an integral component of meeting this intent.
In that development proposals in the Primary Zone have generally exhibited "smart growth" planning, it is apparent that provisions of the Act and the presence of the Commission have been effective in promoting good land stewardship practices to preserve and enhance agricultural, habitat, and recreational resources.
The diverse composition of the Commission membership, including representatives from local jurisdictions, provides for the successful building of local stakeholder trust and rapport while promoting regional recognition and partnership collaboration. The collaborative efforts successfully initiated and administered by the Commission include a broad array of perspectives by participants that bring expertise and knowledge to the table of discussion as a voice for the Delta.
The fact that there has only been one appeal to the Commission in the twelve years of its existence illustrates the integral effectiveness of a proactive rather than reactive approach to effective planning that takes into account conservation along with economic and urban needs and demands. This balanced planning and smart growth approach has provided an effective shield for the resources of the Delta from potentially "significant" impacts of urban encroachment, thus far.
Looking ahead, it is imperative that adaptive management tools be effectively utilized to keep pace with the inevitable growth inducing factors that will continue to be challenges faced by the intended preservation of the unique resources of the Delta. Legislative actions, Commission visioning, creative funding support, increased opportunities for local regulatory presence, and methods for bringing permanency to preservation such as easements and mitigation sites will be tools that will become increasingly utilized by the Commission in the coming months and years to continue its effectiveness pursuant to the Act.
The Commission has recognized that with adaptive management comes transition and thus it has substantially redirected its resources in recent months to facilitate forums for local and regional collaboration. It is anticipated that this mantra of a "new era" Commission will bring recognition to the effectiveness of adaptive and collaborative management in carrying out the provisions of the Act and the implementation of the Management Plan to effectively preserve and enhance the agricultural, habitat, and recreational values of the Delta for the appreciation of future generations as intended by the Legislature in 1992.
REFERENCE NOTE: Visit the Commission's web site, www.delta.ca.gov , to view the Act, Management Plan, Commission roster, list of projects being monitored, and other pertinent information referenced herein.