For those who care about environmental protection, the term "waters of the United States" is a term worth knowing. Oddly enough, if you want to get a grip on the definition, you need to do some research into what the Department of Defense thinks. Specifically, you need to know what the Army Corps of Engineers thinks. In cooperation with the Federal Environmental Protection Agency, or EPA, the Corps is proposing a new definition that they believe would "enhance protection for the nation’s public health and aquatic resources, and increase Clean Water Act program predictability and consistency by increasing clarity as to the scope of ‘waters of the United States protected under the Act.’" I have put some links to relevant materials below.

To the degree that our environmental protection efforts require regulatory actions that govern what individuals, property owners, and businesses can do, the legal "definitions" contained in our federal laws become critically important. Sometimes, to be a good "environmentalist," you need to "think like a lawyer."

The federal Clean Water Act provides protection to "waters of the United States." Unfortunately, a couple of relatively recent Supreme Court decisions have caused uncertainty about just what waters are protected, and what waters aren’t. If you would like to delve into the debate, you have until July 21st of this year to comment on what the Corps suggests.

More Information

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Federal Register Notice of Proposed Rule
• Actual text of proposed rule as published in the Federal Register

A community’s General Plan is the community’s "constitution for land use." If you care about the future of your community, you ought to be involved in local efforts to "update" the community General Plan.

Yes, I am talking about "you," if you happen to live in the City of Capitola, or if you have a business located in the City of Capitola. The Capitola City Council will be meeting on Thursday, May 8th, at 7:00 p.m., to take a final vote on a proposed update and revision of the City’s current General Plan. I have provided links below.

Here are some of the key changes:

• Greater attention to protecting existing residential neighborhoods;
• Increased emphasis on sustainable development practices;
• Promotion of transportation alternatives;
• Additional energy and water conservation initiatives;
• Increased focus on historic and cultural resource preservation;
• Additional goals and policies to maintain, enhance, and expand Capitola’s parks;
• New goals and policies to preserve and enhance environmental resources;
• The addition of an Economic Development Element to promote economic vitality;
• Establishment of reasonable commercial and mixed-use Floor Area Ratio limits.

That last item mentioned is of particular importance in the "real world" of development. Check it out!

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Capitola’s General Plan Update Website
• Staff Report and other materials
• Comments to:
  Community Development Department
  420 Capitola Avenue
  Capitola, CA 95010
  Telephone: 831-475-7300
  Email: rgrunow@ci.capitola.ca.us

A group of committed community volunteers has submitted enough signatures to qualify an anti-fracking measure for the November 2014 ballot, in San Benito County. I have placed links to more information at kusp.org/landuse, including a link to the full text of the measure, and a link to a "White Paper," prepared by the Center for Biological Diversity, exploring the power of local governments to ban fracking and other forms of unconventional oil and gas activity in California.

As a lawyer, I rejoice in all this legal language. Let me assure you, though, that you don’t need to have legal training to understand this topic. I hope that interested listeners will track down the documents and review them for themselves.

In short, as I frequently say here on the Land Use Report, local governments have extensive "police powers," which means that they can adopt laws and regulations to protect the public’s "health, safety, and welfare." The anti-fracking ballot measure outlines what sort of health, safety, and welfare issues are at stake, and includes findings that the people of the county believe that the regulations proposed are necessary to provide local citizens with protection from those health, safety, and welfare dangers.

The initiative power is our power directly to legislate, and to make rules for our communities that we think are needed. This ballot measure is an inspiring example of democracy in action, so check it out!

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• San Benito Rising Website
• Information on the San Benito Rising Initiative Measure
• KION-46 Central Coast News Coverage
• Center For Biological Diversity White Paper
• Text of San Benito County Initiative Measure

The San Clemente Dam, owned by California American Water, and located in Carmel Valley, is slated for removal this summer. This is said to be the largest dam removal project in California history. As part of the plan, the Carmel River will actually be rerouted. The upshot will be improved habitat for endangered fish species, the preservation of an area that provides habitat for endangered non-fish species, and the elimination of a public health and safety danger.

The dam removal project, in fact, was not stimulated by any desire to make environmental improvements. Instead, the project responds to a determination by the Division of Safety of Dams in the California State Department of Water Resources that the San Clemente Dam poses a very significant safety danger. Originally, Cal Am thought it would just "buttress" the existing dam, leaving it in place, but the company was ultimately convinced that by removing the dam, it could not only eliminate the safety danger, but could also do something pretty spectacular in terms of environmental restoration. Plaudits go to Cal-Am, the Planning and Conservation League, the Carmel River Watershed Conservancy, and the State Coastal Conservancy, to name just a few of the leading players.

In today’s transcript, I have a link to a couple of short videos posted by the Monterey Herald, which can give you a feel for the area. This is another inspiring story!

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Division of Safety of Dams, DWR
• American Water Website on Dam Removal Project
• Carmel River Watershed Conservancy
• State Coastal Conservancy
• Planning and Conservation League
• Monterey Herald News Story and Videos on Dam Removal Project

The Coastal Watershed Council was formed in 1995. Its mission has been to preserve and protect coastal watersheds through community stewardship, education and monitoring. The CWC works in partnership with schools, community organizations, and local government agencies, with a focus on getting community members out into the watershed themselves. Its main efforts, in other words, have been to promote environmental values, paying attention not only to the environmental problems affecting our watersheds, but to solutions, as well.

Most recently, the CWC has moved into a different kind of role. As the CWC puts it, "in other communities across California and the nation, rivers have become a driver of economic activity, a destination for tourism and recreation, and a beautiful public space the community can feel proud of..." The Coastal Watershed Council formed the San Lorenzo River Alliance in December 2013, to lead a transformation of the San Lorenzo River, with "economic development" of the River in the City of Santa Cruz being a big part of the effort.

On Monday, May 12th, the San Lorenzo River Alliance will be holding a meeting at the Patagonia Outlet at 415 River Street in Santa Cruz, from 6:30 to 8:30 p.m. If you care about the future of the San Lorenzo River, from either the economic or the environmental perspective, I hope you’ll attend.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Coastal Watershed Council
• Public Notice on May 12, 2014 Meeting