Sea Level Rise and the Public Trust Doctrine:

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1 Sea Level Rise and the Public Trust Doctrine: Meeting Coastal Governance Challenges in the Face of Climate Change Department ofwater Resources Jennifer DeLeon California Adaptation Forum August 19-20,

2 Outline What is the (CSLC or Commission)? How will sea level rise affect the lands and resources under the CSLC s jurisdiction? What can the CSLC do to protect Public Trust land and resources as sea levels rise? Can the CSLC do it alone, or are others involved in governance to address sea level rise? What next? What are the biggest governance challenges? 2

3 California s Sovereign Lands Wikimedia Commons Department of Water Resources The CSLC s jurisdiction is rooted in the Public Trust Doctrine. Tide and submerged lands and the beds of lakes, streams, and other navigable waterways are held in trust by the State of California for the benefit of the people of California. 4 million acres 120 rivers and sloughs 40 lakes Thousands of miles of non-coastal shorelines 1100 miles of coastline 3 nautical miles offshore 3

4 Public Trust Doctrine Michael Dawes, Flickr The state s title to its tide and submerged lands is a title held in trust for the people of the state so that those citizens may enjoy the navigation of the waters, carry on commerce over them, and have liberty of fishing free from obstruction or interference from private parties. Illinois Central R.R. Co. v. Illinois (1892) 146 U.S. 387, 452 CINMS Wikimedia Commons 4

5 The Mean High Tide Line: An Ambulatory Boundary LA Waterkeeper, CA King Tides Sovereign lands are generally defined by reference to the ordinary high and/or low water marks of waterways, as they are measured by the mean high tide line, except where there has been fill or artificial accretion With sea level rise, the mean high tide line will shift landward Sea level rise can impact boundaries between state-owned sovereign land and private uplands 5

6 Three-Quarters of All Californians Live Near the Coast San Francisco San Diego Wikimedia Commons Santa Barbara Santa Cruz Malibu QT Luong 2006, terragalleria.com 6

7 Threats to Coastal Communities, Infrastructure, and Ecosystems Jack Sutton, CA King Tides Tom Mikkelsen, CA King Tides Tom Mikkelsen, CA King Tides Jack Sutton, CA King Tides Tom Mikkelsen, CA King Tides Tom Mikkelsen, CA King Tides 7

8 Current and Future Impacts of Sea Level Rise Broad Beach Coastline Malibu, CA Kenneth and Gabrielle Adelman, CA Coastal Records Project 1972 Mark Holtzman

9 Rising Seas and CSLC Governance Presented results of a survey sent to major grantees and lessees to assess the extent to which they have considered sea level rise Summarized efforts of California, federal agencies, and other coastal states Provided recommendations to help the CSLC consider the impacts of sea level rise on existing facilities and future development proposals Directed staff to provide a one year update on the implementation of the Commission s recommendations 9

10 Rising Seas and CSLC Governance Consideration of the Effects of Sea Level Rise included in CEQA Comment Letters Consideration of the Effects of Sea Level Rise on the CSLC s Environmental Analyses 10

11 Rising Seas and CSLC Governance Determining the Boundary: Fixed by agreement or a court Project-specific determination due to a proposed project Case by case, based on all the information that is available to CSLC staff May include fieldwork/survey Boundary memo identifies the landward limits of sovereign interest includes whether natural phenomena exist that may cause fluctuation of the boundary Includes SLR trends based on NOAA tide station data Dan Jarvis, CA King Tides 11

12 Rising Seas and CSLC Governance Martinez Marina Marine delmarina Oil ReyTerminal Santa Cruz Harbor LanceCACpl. Ryan Carpenter Lands Commission CA StateState Lands Commission CA State Lands Commission Surface Lease Agreement MOTEMs Regulations Candlestick Point - Hunters Point Shipyard City and County of San Francisco Language for Boundary Line and Title Settlement Agreements 12

13 Assembly Bill (AB) 691 AB 691 (Muratsuchi), Chapter 592, Statutes of 2013 Bob Gingg, CA King Tides Requires the State s trustees to assess the impacts of sea level rise and propose how it will be addressed on its granted public trust lands Includes existing facilities and future development Includes tidal and submerged lands underlying the State s ports, harbors, and marinas Assessment due to the Commission no later than July 1,

14 How Does the CSLC Fit in to the Bigger Picture? Executive Order S National Research Council (NRC) Report, Sea-Level Rise for the Coasts of California, Oregon, and Washington: Past, Present, and Future March 2013, State of California Sea-Level Rise Guidance Document Guidance intended to enhance consistency across state agencies in all relevant planning, permitting, and development decisions 14

15 Coastal Management and Governance Coastal Commission Coastal Act CZMA Humboldt Baykeeper, CA King Tides Local Coastal Jurisdictions Planning and zoning LCPs CSLC Public Trust Doctrine Sovereign Lands BCDC McAteer-Petris Act CZMA Humboldt Baykeeper, CA King Tides 15

16 State Coastal Leadership Group on Sea Level Rise Includes senior management of the CA Coastal Commission, Bay Conservation and Development Commission, State Coastal Conservancy, the CSLC, and the Ocean Protection Council Jay McGill, CA King Tides Jack Sutton, CA King Tides Involves other state agencies through collaboration with the Climate Action Team and CO-CAT, as well as non-state partners Coordinated effort to reduce risks from sea level rise, storms, erosion, and other coastal hazards 16

17 State Coastal Leadership Group on Sea Level Rise Develop an inventory of information on projects that address different aspects of sea level rise (AB 2516) Perform an information needs assessment to determine priority gaps on a statewide/regional level Humboldt Baykeeper, CA King Tides Develop a call for action and an investment plan to facilitate the State s response to sea level rise Dave R., CA King Tides 17

18 More Legislative Interest in Sea Level Rise ACR 160 (Gordon) would encourage state agencies to: Establish coastal climate adaptation goals and planning principles, Communicate with the public and other entities regarding the risks of sea level rise, and Communicate information regarding the development and implementation of adaptive and protective measures to address those risks. Callie Bowdish 18

19 Next Steps.. Continue participation in the Coastal and Ocean Resources Working Group for the Climate Action Team (CO-CAT) and the SLR State Coastal Leadership Group Support implementation of the Safeguarding California Plan (Ocean and Coastal Ecosystems and Resources chapter) Develop a statewide inventory of coastal protective structures (e.g., seawalls) and support development of a seawall policy that is responsive to the CSLC s jurisdictional responsibilities Provide assistance to grantees to address sea level rise (AB 691) Time Period North of Cape Mendocino South of Cape Mendocino to 23 cm (-0.13 to 0.75 ft) 4 to 30 cm (0.13 to 0.98 ft) to 48 cm (-.01 to 1.57 ft) 12 to 61 cm (0.39 to 2.0 ft) to 143 cm (0.3 to 4.69 ft) 42 to 167 cm (1.38 to 5.48 ft) BCDC/USGS; Knowles, 2008; Siegel & Bachand,

20 .. and Big Challenges We must continue to identify and fill research gaps but where do the funds come from? How do we balance the specific needs of local communities (and of private property owners) with the need for a broad resiliency plan? Are LCPs the answer? Brant Ward, The Chronicle How do we determine the location of the sovereign land boundary over time? How frequently? Or at all? What rights does the State have vs. upland owners? Is it time to consider managed retreat? Where is it necessary? Where do the funds come from? Tito Son, CA King Tides 20

21 Questions? Comments? Thank you! 21

Presentation Outline. Project Overview. Sea Level Rise Assessment & Decision Tools. Community Engagement. Tina Whitman, Friends of the San Juans

Presentation Outline. Project Overview. Sea Level Rise Assessment & Decision Tools. Community Engagement. Tina Whitman, Friends of the San Juans Healthy Beaches for People & Fish Sea Level Rise Adaptation Tools for San Juan County, WA Tina Whitman & Andrea MacLennan December 10, 2015 Presentation Outline Project Overview Tina Whitman, Friends of