Engaging on climate resilience and adaptation planning is a key priority for EAC. Part of our resiliency work includes participating in the local and state public planning processes and sharing key climate research and policy updates.
We wanted to share with you a wrap-up of two recent California Coastal Commission (Coastal Commission) meetings this year: one on sea level rise planning and the second meeting was related to guidance on the public trust doctrine and sea level rise.
Coastal Commission Sea Level Rise Workshop
On January 27th, we participated in a local government sea level rise working group stakeholder workshop organized by the Coastal Commission. The focus of the workshop was to discuss options for further development and implementation of sea level rise adaptation options, including through Local Coastal Program (LCP) updates. The goals of the workshop were to:
Describe areas of convergence, divergence, and key questions for phased and local/regional approaches to sea level rise adaptation that comply with the California Coastal Act, and
Explore opportunities and challenges to "neighborhood-scale" adaptation planning.
We participated in the meeting remotely and noted our key priorities:
Regular updates to planning documents like LCPs,
Funding the Coastal Commission to work on coastal planning,
Protecting public access to the coast and the coastal public trust lands,
Protecting coastal resources
Consistency with the voter-supported California Coastal Act.
We are committed to continuing to engage on this important topic for our coastal communities. Watch the recording and review the agenda.
California Coastal Commission Adopts Final Public Trust Guiding Principles and Action Plan
At the May Coastal Commission meeting, the Commission unanimously adopted Final Public Trust Guiding Principles and Action Plan, which include 10 principles:
Climate change and sea level rise are moving the public trust landward.
Development decisions and sea level rise will impact public trust lands, uses, and resources.
The Coastal Act aligns with and implements aspects of the public trust doctrine.
Coastal Act decisions must incorporate protections for the public trust.
Coastal Act decisions must be guided by the anticipated impacts of development on current and future public tidelands.
Coastal Act decisions must be guided by the principle that owners of shorefront property may not unilaterally and permanently prevent the landward migration of public trust lands.
Coastal Commission findings will be informed by interagency coordination.
Public trust principles support the requirement that Coastal Act decisions advance environmental justice and access for all.
Coastal Act decisions must consider the adverse impacts of shoreline protective devices on public trust-related resources.
Encouraging the use of nature-based adaptation strategies can better support public trust uses and values.
What is the Public Trust, and Why Does it Matter?
As the public trust guidance states, “The California Coastal Act and the public trust doctrine are both central to the protection of public interests on the coast of California.” Under the public trust doctrine which originated under common law,
“the state’s tidelands, submerged lands, and navigable lakes, rivers, and streams are held in trust by the state for the benefit of the public. On the coast, the public trust is generally located on current tidelands – lands covered and uncovered by the ebb and flow of the tides…. Uses and interests that are considered consistent with the public trust include water-related commerce, navigation, fishing, bathing, swimming, and boating, as well as public access, recreational uses, and preservation of lands in their natural state for scientific study and as open space and wildlife habitat.”
In other words, California’s waterways and beaches where the tide ebbs and flows belong to the people for public access and recreation.
How Does this Intersect with Sea Level Rise?
As sea level rises, the public trust part of the beach could end up being on “private property”, or under someone’s house. Where development or bluffs block landward migration of beaches, the beach is lost as the mean high tide line migrates landward. Beach loss is accelerated from the construction of coastal armoring or sea walls, which is sometimes referred to as the “coastal squeeze.” This is the complex issue that this guidance helps provide information on. The guidance raises concern that “If no action is taken as sea levels rise, shoreline protective devices may contribute to widespread coastal squeeze, resulting in the partial or total loss of many beach and coastal areas along the California coast that are currently accessible for public trust uses.”
Is this Guidance Binding?
The guidance is not binding in a regulatory sense, but it’s a helpful tool for the Coastal Commission, other agencies like the State Lands Commission, and the Ocean Protection Council, and the public to rely on in decision-making.
What is EAC’s Role?
As our mission is to protect and sustain the unique lands, waters, and biodiversity of West Marin, this includes protecting our coastal resources and public access under the California Coastal Act and public trust doctrine. For this reason, we generally support this guidance. We joined Surfrider’s written comments on this topic including requesting a slight language modification to Principle 9 of the final guidance, which discusses the negative role that shoreline armoring plays in impacting erosion and the narrowing of California’s public beaches.
We also spoke at the public Coastal Commission meeting:
“The Commission has a critical role to protect California’s coastal resources and is uniquely positioned to provide proactive guidance around one of today’s toughest public planning challenges – protecting coastal resources and the public trust. We support the staff recommendation that the Commission adopt the Public Trust Guiding Principles and Action Plan. This is an important step in acknowledging the role of this Commission in safeguarding the public trust at a time when it is under attack from coastal squeeze. This guidance suggests a path forward where California maintains its precious coastline for public access.”
After taking testimony from the State Lands Commission and Ocean Protection Council Executive Directors, NGOs, Ralph Faust, and others, the Coastal Commission voted unanimously to adopt the final guidance including most of our requested language modifications to principle 9. At the time of this blog post, the language changes were not posted online in the guidance, but they can be viewed in this addendum.
We are encouraged that this guidance is moving forward, suggesting a path forward where California maintains its precious coastline for public access.
Dive Deeper:
January Coastal Commission Sea Level Rise Workshop
May Final Public Trust Guidance
