Land Use Review

Introduction

The purpose of this chapter is to provide a detailed inventory of federal, state, and local regulations to determine agency notification requirements, fees, permits, or other applicable requirements that need to be adhered to during restoration projects. This data is summarized and includes contacts, addresses and telephone numbers.

Federal and State

Laws and Regulations

The Handbook of Regulatory Compliance for the Anadromous Fish Restoration Program (1997) with Appendix B: Examples of Regulatory Compliance Documents and Permit Applications (1997) provides a detailed inventory of state and federal regulations to be adhered to during restoration projects and a general overview of local regulatory compliance. This handbook also provides flow diagrams to describe requirements and strategies for compliance with particular federal and state laws and regulations. It also addresses issues and options for implementing each category of actions in compliance with the National Environmental Protection Act (NEPA), the California Environmental Quality Act (CEQA), and other pertinent environmental regulations. Agency addresses and telephone numbers are also included. This handbook meets all the objectives of this chapter for federal and state laws and regulations except for the provision of contact names at the agencies. The handbook is available at Butte County Public Library, California State University Chico library, UC Davis library, U.S. Fish and Wildlife Service, etc. (see Appendix A).

Agency Contact Information

Following are contact names and information for important federal and state agencies identified in the Handbook of Regulatory Compliance.

Federal Agencies

Natural Resources Conservation Service

California Agencies

City of Chico

Laws and Regulations

The City of Chico Best Practices Manual (1997) and its accompanying Technical Manual provide a detailed inventory of the City's laws and regulations, including those to be adhered to during restoration projects. They meet the objectives of this chapter and are incorporated into this report (available at the City Planning Department).

Contact Information

Tehama County

Laws and Regulations

Environmental Laws, Regulations and Policies Pertaining to the Protection and Enhancement of Natural Resources in the Deer Creek Watershed (1998) includes a detailed inventory of Tehama County regulations, including those to be adhered to during restoration projects. It meets the objectives of this chapter and is incorporated into this report (Tehama County Public Works Department).

Contact Information

Dana Hall
Water Resources
Department of Public Works
County of Tehama
9380 San Benito Avenue
Gerber, CA 96035
(530) 385-1462 phone
(530) 385-1189 FAX danahall@pobox.tco.net

Streaminders restoration site on Big Chico Creek in Bidwell Park
Photo by Roger Cole

Butte County

Laws and Regulations

Restoration projects within the unincorporated areas of Butte County should be reviewed for consistency with the following:

Grading (Chapter 13, Article I, Code of Butte County)

Grading permits may be required for restoration projects involving earthmoving activities. This Article of the Butte County Code requires permits for grading and establishes standards.

Bidwell River Park (Chapter 16, Article II, Code of Butte County; Annie Bidwell's Deed of 1908)

Restoration projects within Bidwell River Park and outside of the City of Chico must comply with Article 16 of the Butte County Code as well as the terms of Annie Bidwell's deed of 1908 (Appendices A and B in the Existing Management Plans chapter). The director of public works is vested with the supervision, control and management of the county sections of Bidwell River Park.

Subdivision Maps (Chapter 20, Article IV, Code of Butte County)

If a restoration project involves land division, it may be subject to the State Subdivision Map Act, which provides the legal basis for local governments to regulate land divisions for the purposes of sale, lease, or financing. This Article of the Code provides the County's criteria for lot sizes, subdivision design, and the types of improvements that are required.

Zoning (Chapter 24, Code of Butte County)

Special or conditional use permits often are required by local governments when a project applicant proposes use of property for which it is not designated. In addition, a zoning ordinance amendment may be required if the proposed use of the land is not permitted conditionally or by right in the land use zone in which the property is located. Restoration projects involving these types of uses would be subject to Chapter 24 of the Butte County Code.

Flood Hazard Prevention (Chapter 26, Article IV, Code of Butte County)

Restoration projects in flood hazard areas may be subject to this Article of the Building Code.

Groundwater Conservation (Chapter 33, Code of Butte County)

If a restoration project involves groundwater, it should be reviewed for compliance with Chapter 33 of the Code, which is a result of the passage of Measure G by County voters in 1996. Chapter 33 requires permits for the extraction of groundwater for use outside the County or to substitute for surface water normally used within the County but transferred or proposed to be transferred for use outside the County. It also requires the establishment of a County Water Commission, establishment of a countywide groundwater monitoring program, and annual reports analyzing the amount of groundwater pumping that can occur without exceeding the "safe yield" for subbasins in Butte County.

Development Policies for Cohasset Area (Ordinance 2526, County of Butte)

Restoration projects in the Cohasset Area should be checked for compliance with this ordinance. Among the pertinent policies are those addressing erosion, slope and flood hazard.

North Chico Specific Plan (1995)

Restoration projects in the area covered by the North Chico Specific Plan should be reviewed for consistency with the Plan. This 3,590-acre area is located north of the City of Chico, adjacent to and easterly of State Route 99. The area is generally bounded by Sycamore Creek on the south, State Route 99 on the west, and Rock Creek on the north. The Chico Municipal Airport generally abuts the eastern perimeter of the Plan area with a portion of the Plan area extending northeasterly along Keefer Road. Two small portions of the Plan area, consisting of approximately 180 acres, are located south of Sycamore Creek, within the Chico Sphere of Influence.

Butte County General Plan

General plans for cities and counties set forth policies to guide local land development. General plans typically include a map of allowable uses and major public works and transportation facilities. A restoration project would need a general plan amendment if the proposed project would be inconsistent with the General Plan.

Contact Information

Tom Parillo
Planning Department
County of Butte
7 County Center Drive
Oroville, CA
(530) 538-7601 phone
(530) 538-7785 FAX

Volunteers prepare to remove the invasive species Arundo donax.
By Suzanne Gibbs