About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

8 Environs 1 (1984)

handle is hein.journals/environs8 and id is 1 raw text is: £ hA UCD School of Law Vol. 8 No. 1 Environmental Law Society May 1984 Who's Minding Colifornia's by Cecilia Bridges and Paul Thayer Wetonds? In the mid 1970's, responding to the growing public concern over the environ- ment, the State of California became in- volved in the effort to retain its remaining wetlands. The policies of the newly created Bay Conservation and Develop- ment Commission and the Coastal Com- mission, as well as an aggressive ap- proach by the State Department of Fish and Game, resulted in the state assuming an active regulatory role in the protection of wetlands. However, policy changes by the Deukmejian administration have reduced the State's involvement in wetland preservation. This article ex- amines California's changing approach to this issue. BACKGROUND Wetlands are commonly known by many names. These include marsh, saltmarsh, brackish-freshwater marsh, tidal lands, mudflats, seasonal marsh, or ponds. Frequently, features include open channels of water, unvegetated channel bottoms of sand or mud, expanses of low elevation covered with water-loving or water-tolerant plants, seasonal ponds and man-made perimeter dikes. The key characteristic of wetlands is their periodic inundation or saturation by water. Wetlands play a vital role in the ecology of California. They bring together the physical elements of water, nutrients, light and warmth which are necessary for biological productivity. Consequently they provide the environment necessary to the life cycles of many plants and animals. Several rare and endangered species such as the saltmarsh harvest mouse and clapper rail depend on wetland habitat for their continued ex- istence. The total area of California's wetlands, including freshwater -and tidal areas, has been reduced from a historic level of about 5 million acres to thepresent level of about 425,000 acres. Wetlands have historically suffered from man's reclama- tion of what was considered marginal land. Of the present total, coastal wetlands comprise just over 100,000 acres, a reduction of about 65-70 percent from historic levels. In Southern Califor- nia the proportionate reduction of coastal wetlands has been greater. In San Francisco Bay, the wetland areas have been reduced by more than eighty percent. For many years, reclama- tion of Bay marshes took place without any consideration of the relationship be- tween the biological health of the Bay and the presence of its wetland margins. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISION Protests by the scientific community and public concern over uncontrolled fill- ing and pollution of the Bay led to the establishment of the San Francisco Bay Conservation and Development Commis- sion (BCDC) in 1969. The protection of wetlands required by the McAteer-Petris Act, BCDC's enabling legislation, marked the beginning of the State's recent efforts to preserve the remaining wetlands. The legislation gave BCDC authority to regulate filling and dredging, to assure public access to the Bay shoreline, and to minimize any further filling of the Bay. BCDC's regulation of develolment along the Bay has resulted in the protection of many wetlands. But the past decade of regulation has been criticized by some as being obstructionist, putting marshland above housing demands, and making developers pay for public facilities. Appointments by Governor Deukme- jian to BCDC now give the agency a new majority - 14 of 25 voting members - who favor lessening restrictions on shoreline development. Environmental leaders worry that many plans for shoreline development which have been previously opposed successfully will now be brought forward again. The changed policies and direction of the new majority of the Commission may result in different conclusions on shoreline projects. STATE AGENCIES WITH WETLAND RESPONSIBILITY The State Resources Agency is respon- sible for protection of the State's natural resources. A variety of departments, boards and commissions which oversee statewide regulation of wetlands are part of this agency. Among these are the Department of Fish and Game, the California Coastal Commission, and the Coastal Conservancy. These agencies have overlapping jurisdictions and responsibilities. In the past, the staffs have often worked together to insure pro- tection of wetlands.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most