Calaveras County Municipal Code Ch. 12.32 State and Federal Public Lands

In order to protect the due process rights, private property rights, economy, resources and economic stability of the county and its citizens, it is critical that federal and state agencies and other non-Calaveras County governmental agencies recognize and address the effects of any actions proposed within the county or concerning the land, private or public, within the county.

(Ord. 2439 § 2(part), 1995).

The board of supervisors finds and declares:

A. The board of supervisors of the county is concerned in the extreme about the adverse impacts on the economy, private property rights, resources, and land use within the county arising from certain regulatory and administrative practices by federal and state agencies and other non-Calaveras County governmental agencies in recent years.

B. Federal and state agencies and other non-Calaveras County governmental agencies have a legal and enforceable duty to observe the limitations placed on such agencies by the U.S. and California Constitutions, including but not limited to, the taking of private property and private property interests for public use without just compensation in violation of the Fifth and Fourteenth Amendments of the U.S. Constitution, and the violation of the rights, privileges and protections guaranteed to the citizens of Calaveras County by the U.S. Constitution and the federal and state Civil Rights Acts.

(Ord. 2439 § 2(part), 1995).

Federal and state agencies and other non-Calaveras County governmental agencies are herewith notified that the county and its citizens expect and require that federal and state officers and employees observe the limitations of the U.S. and California Constitutions on governmental actions and that federal and state officers and employees follow the laws and regulations governing the agencies that guarantee to the citizens and property owners of Calaveras County due process, economic stability, public health, safety, local land use, and conservation of natural resources and the environment of the county, including its agricultural industry, livestock grazing, water resources, mining of gold and other mineral resources, and outdoor recreation in scenic natural settings.

(Ord. 2439 § 2(part), 1995).

The Calaveras County board of supervisors now call upon the federal and state management agencies to coordinate in advance with the board any proposed actions which will impact either the federal or state managed lands in Calaveras County, the private property rights, or the economic stability and historically developed custom and culture of the county. To the extent required or permitted by law, such management agencies are required to so coordinate their actions by obtaining board approval, prior to taking official action.

A. The Calaveras County board of supervisors shall be consulted in accordance with the laws and regulations of the state of California and the United States regarding any pending, contemplated or proposed actions affecting local communities and citizens of the county.

B. All federal and state agencies and other non-Calaveras County government agencies shall, to the fullest extent permissible by law, comply with all applicable policies and procedures issued by the county.

C. Federal and state agencies and other non-Calaveras County governmental agencies shall inform the county, or its designee(s), of all pending, contemplated or proposed actions affecting local communities, citizens, or affecting county policy. Such notification shall include the regulatory authority and statutory procedure for the action, a detailed description of the proposed action, plan, procedure, rule, guideline or amendment sufficient to fully inform lay persons of its intent and effects of the resources, environment, private property interests, and economic stability of the county.

D. When required by law or when requested by the county, all federal and state agencies and other non-Calaveras County governmental agencies proposing actions that may impact citizens of the county shall prepare and submit in writing, and in timely manner as soon as is reasonable, report(s) on the purposes, objectives and estimated impacts of such actions, including environmental, health, safety, private property, and economic impacts, to the county and its citizens. Those reports shall be provided to the county for review and coordination with sufficient lead time for the county to prepare a meaningful response for consideration by the federal or state agency.

(Ord. 2439 § 2(part), 1995).

When a public hearing is required by law or when requested by the county, all federal and state agencies and other non-Calaveras County governmental agencies proposing actions that may impact citizens of the county shall hold the public hearing with the board of supervisors, unless the board declines. If the agency proposes multiple hearings within the county, the last of the hearings shall be with the board of supervisors.

(Ord. 2439 § 2(part), 1995).

Before federal and state agencies and other non-Calaveras County governmental agencies take or adversely affect private property interests or alter land use(s), environmental review of the proposed action shall be conducted by the lead agency, and mitigation measures adopted in accordance with policies, practices and procedures applicable to the proposed action and in accordance with all applicable federal, state and local laws. Impact studies shall, as needed, address the effects on community and economic resources, the environment, public health, safety and welfare, private property, grazing rights, mining rights, flood-prone areas and access and any other relevant impacts.

(Ord. 2439 § 2(part), 1995).

A. For the purpose of this chapter, each federal and state agency shall, unless specifically authorized otherwise:

1. Give the required notice(s) to the county and the board of supervisors via certified mail as follows:

Clerk of the Calaveras County Board of Supervisors

Government Center, 891 Mountain Ranch Road

San Andreas, CA 95249

2. Not less than ten complete copies of the written documents supporting the proposed action shall be provided to the clerk of the board of supervisors at the above-referenced address in order that members of the board of supervisors, county staff and the public shall have an opportunity to review and consider the documents.

3. These documents shall be available for public review at the above-referenced location.

4. Notification of the availability of related documents shall be available for the minimum time set forth by the federal and state statute for such review or, if none is established by law, for a period of not less than forty-five days prior to the proposed date of action, adoption or approval. This time is necessary to ensure adequate local opportunity for consideration and response.

B. Upon receipt of such notification and documents, the clerk of the board shall list the notification and related materials on the next board of supervisors public agenda correspondence list. This list shall be available at the clerk of the board's office, Government Center, 891 Mountain Ranch Road, San Andreas, CA 95249.

C. While this is not considered exclusive, the clerk of this board shall cause a copy of the ordinance codified in this chapter to be forwarded to the following agencies:

1. U.S. Corps of Engineers;

2. U.S. Department of Fish and Wildlife;

3. U.S. Department of Agriculture, Forest Services;

4. U.S. Department of Interior, Bureau of Land Management;

5. U.S. Department of Interior, Bureau of Reclamation;

6. California Department of Fish and Game;

7. California Department of Forestry and Fire Protection;

8. California Department of Parks and Recreation;

9. California Department of Transportation;

10. East Bay Municipal Water District.

D. The board of supervisors may designate one or more members of its staff, and/or one or more citizens, to receive, review and comment upon any pending, contemplated or proposed action of any federal or state agency, or any related information and may request such designee(s) report to the board.

(Ord. 2439 § 2(part), 1995).

Any citizen or group claiming to be affected by any pending, contemplated or proposed action of any federal or state agency where a decision or comment upon such action is within the subject matter jurisdiction of the board of supervisors is encouraged to present relevant information to the board. The board shall consider such information and, where appropriate, shall convey such information to the particular federal or state agency for consideration as an official statement(s) of the city.

(Ord. 2439 § 2(part), 1995).

If any part of the ordinance codified in this chapter shall be held void by a court of competent jurisdiction, such part shall be deemed severable, and the invalidity thereof shall not affect the remaining parts of the ordinance codified in this chapter.

(Ord. 2439 § 2(part), 1995).