Enforcement - Marin Wetlands Fill

Summary

April 1, 2019

This enforcement item addresses unpermitted grading and fill of over 13 acres of wetlands in Marin County. The wetlands impacted are part of the Estero de San Antonio which empties into Bodega Bay. The wetlands, given their ability to sequester carbon, slow runoff and reduce erosion and filter pollutants have major implications on the health nearby marine protected areas including the San Antonio State Marine Reserve, nearby Bodega Head State Marine Reserve and Conservation Area, and the Point Reyes State Marine Reserve and Conservation Area down coast. Coastal Commission staff worked with the property owner to come up with a consent settlement that includes restoration of the affected area, the establishment of a conservation easement, a monetary fine of $225,000 immediately and additional fine associated with sale of the property or the easement. Commissioners unanimously approved the consent enforcement orders.

Why You Should Care

While the Coastal Act and the Marin County LCP protect and encourage agricultural activities, they do not authorize expansion into wetlands. The Coastal Act and the local coastal plan require that the few remaining wetlands in this area, and indeed statewide, be protected. In California, over 90% of our wetlands have been filled or otherwise destroyed.

Outcome

Pro-Coast Vote

Anti-Coast Vote

Commissioners unanimously approved the consent enforcement orders and settlement.

Organizations Opposed

Decision Type

Cease and Desist and Consent Restoration Orders

Staff Recommendation

Issuance of Consent Orders

Coastal Act Policy