CALIFORNIA CODES
FISH AND GAME CODE
SECTION 2800-2840
2800. This chapter shall be known and may be cited as the Natural
Community Conservation Planning Act.
2801. The Legislature finds and declares all of the following:
(a) The continuing population growth in California will result in
increasing demands for dwindling natural resources and will result in
the continuing decline of the state's wildlife.
(b) There is a need for broad-based planning to provide for
effective protection and conservation of the state's wildlife
heritage while continuing to allow appropriate development and
growth.
(c) Natural community conservation planning is an effective tool
in protecting California's natural diversity while reducing conflicts
between protection of the state's wildlife heritage and reasonable
use of natural resources for economic development.
(d) Natural community conservation planning promotes coordination
and cooperation among public agencies, landowners, and other private
interests, provides a mechanism by which landowners and development
proponents can effectively participate in the resource conservation
planning process, provides a regional planning focus that can
effectively address cumulative impact concerns, minimizes wildlife
habitat fragmentation, promotes multispecies management and
conservation, provides an option for identifying and ensuring
appropriate mitigation for impacts of fish and wildlife, and promotes
the conservation of broad-based natural communities and species
diversity.
(e) Natural community conservation planning can provide for
efficient use and protection of natural and economic resources while
also promoting greater sensitivity to important elements of the state'
s critical natural diversity.
(f) Natural community conservation planning is an effective
planning process that can facilitate early coordination to protect
the interests of the state, the federal government, local public
agencies, landowners, and other private parties.
(g) Natural community conservation planning is a mechanism that
can provide an early planning framework for proposed development
projects within the planning area in order to avoid, minimize, and
compensate for impacts on wildlife caused by development and growth.
(h) Natural community conservation planning is consistent with,
and will support, the fish and wildlife management activities of the
department in its role as the trustee for fish and wildlife within
the state.
(i) The purpose of natural community conservation planning is to
sustain and restore those species and habitat identified by the
department that are necessary to maintain the continued viability of
biological communities that are impacted by growth and development.
2805. The definitions in this section govern the construction of
this chapter.
(a) "Natural community conservation plan" means the plan prepared
pursuant to an agreement entered into in accordance with subdivision
(a) of Section 2810. The plan identifies and provides for the
regional or areawide protection and perpetuation of natural wildlife
diversity, while allowing compatible and appropriate development and
growth.
(b) "Wildlife" has the same meaning as defined in Section 711.2.
(c) "Person" has the same meaning as defined in Section 711.2.
2810. The department may enter into agreements with any person for
the purpose of preparing and implementing a natural community
conservation plan to provide comprehensive management and
conservation of multiple wildlife species, including, but not limited
to, those species listed pursuant to Article 2 (commencing with
Section 2070) of Chapter 1.5. The agreement shall include a
provision specifying the amount of compensation, if any, payable to
the department pursuant to Section 2840.
2811. (a) Any planning agreement entered into by the department and
plan participants pursuant to Section 2810 shall establish a process
for all of the following:
(1) The collection of data, information, and independent
scientific input to assist the department and plan participants in
meeting scientifically sound principles for the conservation and
management of species proposed to be covered in the plan.
(2) The inclusion of independent scientific analysis in the
preparation and development of a natural community conservation plan.
(3) The designation of independent scientists to propose
conservation criteria or guidelines early in the planning process for
consideration by the department and plan participants to assist in
providing a general biological context and the scientific premises
for conservation planning and for use and application in the
subregional or subarea plan level.
(b) This section applies only to planning agreements entered into
by the department pursuant to Section 2810 on or after the effective
date of this section, and shall not apply to any approved plan or to
any plan in the process of being prepared pursuant to subsection (d)
of Section 1533 of Title 16 of the United States Code for the
protection of the California Gnatcatcher, as described at page 65088
of Volume 58 of the Federal Register.
2815. (a) The department shall establish a process for public
participation throughout plan development and review to ensure that
interested persons 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,
advisory committees or public workshops. This process shall include:
(1) A requirement that draft documents associated with a natural
community conservation plan that are being considered for adoption by
the plan lead agency shall be available for public review and
comment for at least 45 days prior to the adoption of that draft
document. Preliminary plan review documents shall be made available
by the responsible public agency at least 10 working days prior to
any public hearing addressing these documents. The review period
specified in this paragraph may run concurrent with the review period
provided for any document required by the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) that is associated with the natural community
conservation plan. This paragraph shall not be construed to limit
the discretion of a city or county to revise any draft documents at a
public hearing.
(2) A requirement to make available in a reasonable and timely
manner all public review draft plans, memoranda of understanding,
maps, conservation guidelines, species coverage lists and other
planning documents associated with a natural community conservation
plan.
(3) A requirement that all public hearings held during plan
preparation or review for approval are complimentary to, or
integrated with, those hearings otherwise provided by law.
(4) An outreach program to provide access to information for
persons interested in the plan, with an emphasis on obtaining input
from a balanced variety of affected public and private interests
including state and local governments, landowners, conservation
organizations and the general public.
(b) This section applies only to natural community conservation
plans for which a planning agreement was entered into by the
department pursuant to Section 2810 on or after the effective date of
this section, and shall not apply to any approved plan or to any
plan in the process of being prepared pursuant to subsection (d) of
Section 1533 of Title 16 of the United States Code for the protection
of the California Gnatcatcher, as described at page 65088 of Volume
58 of the Federal Register.
2820. Natural community conservation planning may be undertaken by
local, state, and federal agencies independently or in cooperation
with other persons. The plan shall be consistent with the agreement
entered into pursuant to Section 2810 and shall be approved by the
department for implementation upon meeting the standards established
by the department for natural community conservation.
2825. (a) The department may prepare nonregulatory guidelines for
the development and implementation of natural community conservation
plans. The guidelines are exempt from Chapter 3.5 (commencing with
Section 11340) of Division 3 of Title 2 of the Government Code. The
guidelines may include, but are not limited to, all of the following:
(1) Defining the scope of a conservation planning area.
(2) Determining conservation standards, guidelines, and objectives
for the planning area.
(3) Appointing one or more advisory committees to review and make
recommendations regarding the preparation and implementation of
natural community conservation plans. The advisory committee
membership may include representation from the local community near
the plan area.
(4) Coordinating with local, state, and federal agencies,
including the Trade and Commerce Agency.
(5) Incorporating public input.
(6) Ensuring compatibility with the federal Endangered Species Act
(16 U.S.C. Sec. 1531 et seq.).
(7) Obtaining approval of the natural community conservation plan
by the department.
(8) Provisions for implementation of the plan.
(9) Monitoring and reporting on plan implementation.
(10) Amending the plan consistent with the initial intent of the
plan.
(b) Nothing in this chapter exempts projects proposed in a natural
community conservation planning area from the requirements of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
(c) Natural community conservation plans, as appropriate, shall be
implemented pursuant to Section 2081.
(d) To the extent practicable, implementation of natural community
conservation plans shall use the services of either the California
Conservation Corps or local community conservation corps.
2830. Upon recommendation of the department, the commission may
authorize, pursuant to Section 2084, the taking of any candidate
species whose conservation, protection, restoration, and enhancement
is provided for in a department approved natural community
conservation plan consistent with paragraph (6) of subdivision (a) of
Section 2825.
2835. The department may permit the taking, as provided in this
code, of any identified species whose conservation and management is
provided for in a department approved natural communities
conservation plan.
2840. (a) The department may 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 authorized by Section
2810, providing 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.
(b) The department may be compensated for those expenses
identified in subdivision (a) according to a schedule in the
agreement authorized by Section 2810.