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Security Nat'l Guar., Inc. v. California Coastal Comm'n

ELR Citation: 38 ELR 20030
Nos. No. A114647, (Cal. App. 1st Dist., 01/25/2008)

A California appellate court held that the California Coastal Act of 1976 does not grant the California Coastal Commission the power to declare property an "environmentally sensitive habitat area" during the administrative appeal from a local government's grant of a coastal development permit. The Coastal Act assigns the task of drafting and amending the content of a local coastal program exclusively to local government. The commission's role is limited to determining whether a local government’s local coastal program complies with the provisions of the Coastal Act. Because the designation of property as an environmentally sensitive habitat area constitutes an amendment to the local coastal program, the Commission acted beyond its statutory authority.