Placer County Municipal Code Art. 12.32 Lake Tahoe Shorezone

An article regulating the construction, maintenance, alteration, and modification of structures in the Lake Tahoe shorezone within Placer County.

(Ord. 6069-B § 1, 2021)

As used in this article:

"Board"

means the Placer County board of supervisors.

"County"

means the county of Placer, a political subdivision of the state of California, inclusive of staff with delegated authority to review permit applications and carry out the provisions of this code.

"County property interest"

means county ownership or right-of-way, including, but not limited to, fee title, easement, lease, or license.

"Person"

means an individual, partnership, corporation, business association, or group of individuals, and any governmental entity.

"Pier"

means a fixed or floating platform extending from the shoreline over the water used to provide access to boats or for fishing or other water-related activities.

"Public Trust"

means the land lying between 6,223 feet and 6,228.75 feet above sea level, Lake Tahoe Datum, around the perimeter of Lake Tahoe in California, that the public has rights to use for public purposes consistent with the common law public trust doctrine.

"Shoreline"

means the highest line covered by Lake Tahoe or 6,228.75 feet above sea level Lake Tahoe Datum, including any accompanying beach.

"Shorezone"

means the zone extending from the lake surface of Lake Tahoe to a depth of 30 feet below the surface to the land lying contiguous to and immediately landward of the shoreline, including the public trust and the zone of wave run-up area above the lake surface, that is within the boundaries of the county.

"Structure"

means any temporary or permanent construction or prefabricated object, including, but not limited to, piers, floating docks, decks, sheds, fire pits, pathways, fences, and barriers.

(Ord. 6069-B § 1, 2021)

No person shall construct, maintain, alter, modify, or replace a structure within the shorezone without all required permits, including the following permits, as applicable.

A. A county pier encroachment permit is required if the structure affects a county property interest.

B. A county building permit for electrical, plumbing, or if required under the Placer County Code, other applicable regulation, or as a condition of approval.

C. A Tahoe Regional Planning Agency permit, including environmental regulatory compliance, as required under the Tahoe Regional Planning Agency Code of Ordinances.

D. A California State Lands Commission lease, as required by state law.

(Ord. 6069-B § 1, 2021)

A. Any person proposing to construct, alter, modify, or replace a structure within the shorezone must first obtain a determination from the county regarding whether or not a county permit is required.

B. The county will review the proposed project to determine if a county pier encroachment permit and/or county building permit is required. If no county permit is required, the project will be deemed exempt. If county permits are required, the county will inform the applicant of all required permits.

C. If a county property interest is affected, a pier application shall be submitted that includes detailed plans of the proposed structure showing all affected publicly and privately owned parcels, current ownership information, any lease areas, and all existing and proposed easements.

D. Each application affecting a county property interest shall include payment of a fee to cover the cost of review and processing of the application and all information required by other sections of this article. The fee due shall be the fee adopted by the board by resolution or ordinance.

E. If a county pier encroachment permit is required, an annual use charge may be charged for ongoing private use of the county property interest.

F. County pier encroachment permits may be issued by the director of public works, or designee, with concurrence from county counsel and risk management.

G. Copies of any related permits, including a State Lands Commission lease and Tahoe Regional Planning Agency permit shall be required prior to county permit issuance.

(Ord. 6069-B § 1, 2021)

Barriers, impediments, or signage which impairs, discourages, or prohibits public passage to any portion of the shorezone that is subject to a county property interest is prohibited.

(Ord. 6069-B § 1, 2021)

The county may inspect a structure for compliance with this article and place appropriate signage and/or markings thereon. No such signage and/or markings shall be defaced or removed without county approval. No person may place unauthorized signs or markings on or around the structure or within the county property interest.

(Ord. 6069-B § 1, 2021)

This article applies to structures constructed wholly or partially within the shorezone in Placer County. It does not apply to structures which may cross into Placer County in the waters of Lake Tahoe.

(Ord. 6069-B § 1, 2021)

Any structure in violation of this article is declared a public nuisance and subject to the nuisance abatement procedures in Section 17.62.160. The hearing body for any hearings under this section shall be the building board of appeals.

(Ord. 6069-B § 1, 2021)

Whenever any person is adversely affected by any action or requirement by the county under this article, such person may appeal such action or requirement to the board of supervisors. The appeal must be in writing, setting forth the specific grounds thereto and made within 10 calendar days of the date of decision by the county. The written appeal shall be accompanied by an appeal fee as set from time to time by the board of supervisors.

(Ord. 6069-B § 1, 2021)