AB 1129 – Coastal Access and Preservation Act

Summary

May 1, 2017

This bill would amend PRC 30235 to define “existing structure” as structures built prior to January 1, 1977, and to specify that shoreline protection devices must be approved consistent with the Coastal Act policies protecting public access, shoreline ecology, natural landforms and other impacts on coastal resources. The bill would specify that emergency permits issued for shoreline protective devices are intended to allow the minimum amount of temporary development necessary to address the emergency situation. The bill would also amend PRC 30821 to allow for the imposition of administrative penalties for unpermitted shoreline protective devices.

Staff recommended support of the bill and the need for close analysis of seawalls, especially given the extremely pressing issue of sea level rise and the need to appropriately address its impacts while preserving public resources.

Commissioners approved support of the bill on a vote of 11-1.

Why You Should Care

AB 1129 would help the Commission better enforce existing laws by allowing for penalties and fines for illegal development, including shoreline protective structures. The measure also ensures that emergency permits for any coastal development include a plan for removal. Coastal armoring fixes the shore in place and lead to loss of public beaches and can have detrimental impacts to shoreline habitat. Given impending impacts from sea level rise, all shoreline protective devices should receive extremely careful analysis.

Outcome

Pro-Coast Vote

Anti-Coast Vote

The California Coastal Protection Network (CCPN), , testified in support of the bill on behalf of the Nature Conservancy, the bill’ sponsor. CCPN also requested Coastal Commission support for the bill.

Commissioner Brownsey expressed concern for calling out seawalls specifically as eligible for administrative penalties and leaving out other equally important subject matters. Enforcement staff responded that the bill’s language intends to clarifying existing law in order to make it easier to move forward.

Commissioner Carole Groom made a motion to support the bill and was seconded by Commissioner Aaron Peskin. Commissioner Erik Howell spoke against the bill stating that he is concerned that this will discourage seawalls that may bring public benefits.

Ultimately, commissioners voted to support the bill 11-1.

Organizations Opposed

Decision Type

Bill Support

Staff Recommendation

Support

Coastal Act Policy