Del Mar Municipal Code Ch. 8.12 San Dieguito Lagoon and River

The purpose of this Chapter is to: protect the biodiversity, natural heritage and unique aquatic and upland ecosystems of the San Dieguito Lagoon and San Dieguito River; sustain, conserve, and protect natural habitats, wildlife and marine life populations; accommodate habitat restoration projects; improve educational, and research opportunities; accommodate recreational activities in a manner that preserves environmentally sensitive resources and protects public health and safety; and to manage the use of the San Dieguito Lagoon and River consistent with the Del Mar Community Plan.

The provisions of this section are intended to allow for the public's right of access to and use of navigable waters, as allowed by the U.S. and California Constitutions. However, the provisions of this Chapter are also intended to ensure that public access to and use of navigable waters does not come at the expense of damage to environmentally sensitive flora or fauna or at the expense of public safety or welfare.

(Ord. No. 484; Ord. No. 864)

This Chapter shall apply to: (i) all portions of the San Dieguito Lagoon and San Dieguito River lying within the City of Del Mar extending east from the easterly side of the Camino del Mar Bridge to the easterly limits of the City, including all waters within defined river channels and basins and all waters at or below the mean high tide line; (ii) all areas included as part of the approved San Dieguito Lagoon Restoration Project; and (iii) publicly owned properties located immediately adjacent to the San Dieguito Lagoon and San Dieguito River identified and signed as containing sensitive wetland or upland habitat. The areas regulated by this Chapter are collectively referred to as the "San Dieguito Lagoon and River Valley."

A. The following activities are prohibited within the confines of the San Dieguito Lagoon and River Valley:

1. Swimming, wading, and/or diving;

2. The removal and/or take of any living or non-living marine resources. The prohibition on take of resources includes a ban on fishing except that fishing shall be allowed in areas where the City, in consultation with representatives of the State Department of Fish and Game, has determined that such activity will not be detrimental to preservation of environmentally sensitive resources and where signage has been installed identifying the allowed fishing locations;

3. The use of "vehicles" including, without limitation, any automobile, off-road vehicle, motorcycle and/or hot air balloon; and

4. The use of any motorized watercraft, including, without limitation, jet skis, wet bikes, surf jets, miniature speed boats, air boats, hovercraft and/or motorized boats.

5. No person shall takeoff, land, or operate any unmanned aircraft systems or drones.

B. Access to waters shall be limited to designated and signed trails and pathways so as to avoid degradation of environmentally sensitive areas.

C. Access to the San Dieguito Lagoon and River Valley shall be limited to designated trail and walkways signed for public use. Dogs must be leashed and under the control of a person at all times.

D. Bicycles and similar non-motorized vehicles shall be permitted only on trails and walkways designated and signed as permitting bicycle access, with the exception of the Coast to Crest Trail, which shall expressly permit bicycles, including class 1 and class 2 electric bicycles as defined by California Vehicle Code Section 312.5, as that Section may be amended from time to time.

E. Other prohibited activities:

1. Fires and fireworks;

2. Littering, as regulated by the Del Mar Municipal Code;

3. Amplified music; and

4. Overnight camping.

(Ord. No. 963, § 3, 5-18-2020; Ord. No. 1020, § 2, 7-7-2025)

The prohibitions contained in this chapter shall not apply to the activities listed below, provided such activities have received all permits and/or authorizations required by local, state or federal law, as applicable; and provided the activities are carried out by duly authorized representatives of the agency or entity that received the required permits in a manner consistent with the terms and conditions of all such permits and authorizations.

A. Habitat restoration and/or management activities;

B. Flood control;

C. Vector control;

D. Installation or maintenance of recreational trails;

E. Installation or habitat interpretive centers;

F. Recreational trail patrols and maintenance; or

G. Safety and enforcement activities carried out by duly appointed public safety officers.

The City Manager is authorized to install signage notifying the public of those activities allowed or prohibited by this Chapter and of the location of designated public access trails and pathways and designated areas where fishing is allowed.