Planning Documents
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Land Use and Resource Management Plan for the Primary Zone of the Delta
INTRODUCTION
The Primary Zone of the Sacramento-San Joaquin Delta includes approximately 500,000 acres of waterways, levees and farmed lands extending over portions of five counties: Solano, Yolo, Sacramento, San Joaquin and Contra Costa. The rich peat soil in the central Delta and the mineral soils in the higher elevations support a strong agricultural economy. The Delta lands have access to the fresh waters of the 1,000 miles of rivers and sloughs lacing the region. These waterways provide habitat for many aquatic species and the uplands provide year-round and seasonal habitat for amphibians, reptiles, mammals, and birds, including several rare and endangered species. The area is extremely popular for water-oriented recreation including fishing, boating, and water-skiing.
Recognizing the threats to the Primary Zone of the Delta from potential urban and suburban encroachment and the need to protect the area for agriculture, wildlife habitat, and recreation uses, the California Legislature passed and the Governor signed into law on September 23, 1992, the Delta Protection Act of 1992 (SB 1866). The Act directs the Delta Protection Commission to prepare a comprehensive resource management plan for land uses within the Primary Zone of the Delta (Plan).
The planning conducted by the Delta Protection Commission involved preparation and public review of nine background reports: Environment; Utilities and Infrastructure; Land Use and Development; Water; Levees; Agriculture; Recreation and Access; Marine Patrol, Boater Education, and Safety Programs; and Implementation. These reports provided the information base for the Plan findings and policies, as well as allowing opportunities for public review and comment through circulation and public hearings before the Commission.
The goals of the Plan as set out in the Act are to "protect, maintain, and where possible, enhance and restore the overall quality of the Delta environment, including but not limited to agriculture, wildlife habitat, and recreational activities; assure orderly, balanced conservation and development of Delta land resources and improve flood protection by structural and nonstructural means to ensure an increased level of public health and safety." Also pursuant to the Act, to the extent that any of the requirements specified in this Land Use and Resource Management Plan are in conflict, nothing in this Plan shall deny the right of the landowner to continue the agricultural use of the land.
The Plan consists of three sections. Part I, the Introduction, describes the planning program and the Plan objectives. Part H provides Findings and Policies, and Recommendations for more than one local government, or for State agency or special district action. Part III describes the program for implementing the Plan. Part IV is a map which shows the boundary of the Primary and Secondary Zones of the Delta.
Each element includes findings, policies, and recommendations. Findings are derived from the information in the background reports. The findings form the framework of data from which the policies and recommendations are derived. Policies are the directions for action the local governments must embrace and support through amendments to the General Plans, if necessary. "The policies are intended to provide harmony Deltawide for local government actions. Recommendations are additional, optional directions for action for local government, for non-profit groups. State agencies, and others. It is important to note, however, that in the implementation of both the policies and recommendations of this plan, the Act specifically prohibits the exercise of the power of eminent domain unless requested by the landowner.
Overview
The Delta Protection Act of 1992 (Public Resources Code Section 29760 et. seq.) requires the Commission to prepare and adopt and thereafter review and maintain a comprehensive long-term resource management plan for land uses within the Primary Zone of the Delta ("resource management plan"). The resource management plan is to set forth a description of the needs and goals for the Delta and a statement of the policies, standards, and elements of the resources management plan. Within 180 days of the adoption of the resource management plan or any amendments by the Commission, all local governments, as defined in Public Resources Code Section 29725, shall submit to the Commission proposed amendments which will cause their general plans, as defined in Government Code Section 65300 et seq., to be consistent with respect to land located within the Primary Zone. The following regulations are the policies of the resource management plan. The regulations to not apply to other local agencies, as defined in Public Resources Code Section 29724, or to reclamation districts.
The term "shall" in these regulations is mandatory; the terms "may", "should", and "can" are advisory.
Note: In 2000, the policies of the Land Use and Resource Management Plan for the Primary Zone of the Delta" were adopted as regulations [See Title 14, California Code of Regulations, Chapter 3. Regulations Governing Land Use and Resources Management in the Delta]. The regulations are printed as the policies of the Plan.