2.9 STATE AND FEDERAL AGENCIES CONCERNED WITH LAND USE

A wide range of State and Federal agencies exercise some level of regulatory control over land use decisions in Sutter County, some through permitting or review authority and others through ownership of land.

AGENCIES WITH PERMITTING AUTHORITY

The State Lands Commission has exclusive jurisdiction over all submerged lands owned by the State as well as the beds of navigable rivers, sloughs and lakes. The Commission has the authority to grant three kinds of permits: (1) mineral extraction leases; (2) dredging permits (required for any dredging of navigable waterways for improvement of navigation, reclamation and flood control); and (3) land use leases (required for any proposal to utilize navigable waterways for any purpose other than dredging, e. g., piers, floats, docks).

The State Reclamation Board maintains jurisdiction over all Federal Flood Control Projects and levees that are either part of such a project or that may affect such a project. The Reclamation Board is authorized to grant encroachment permits for any activity proposed along or near flood control levees, including changes in land use, construction, earthwork, or removal of vegetation.

The State Department of Fish and Game (DFG) has jurisdiction over "all water of the state", including any lakes, streams or rivers containing fish or wildlife resources. In Sutter County, such resources include the Sacramento, Feather and Bear Rivers and all natural streams, creeks and drainageways leading to said rivers. The DFG has also claimed authority over other local drainage facilities. The DFG has authority over two permitting processes: (1) streambed alteration agreements, required for any project that alters the flow of any lake, stream or river on the state; and (2) suction dredging permits, required for projects involving suction or vacuum dredging activities in state waters. The DFG also operates the Gray Lodge Waterfowl Management Area, several units of the Feather River Management Area, and other properties in Sutter County for the betterment of wildlife enjoyment.

The Regional Water Quality Control Board (RWQCB) maintains jurisdiction over discharges into all rivers, creeks, streams and canals. Their agency also has jurisdiction over groundwater quality. Any project that will discharge wastes into any surface waters must conform to waste discharge requirements established by the RWQCB. These requirements serve as the Federal Nation Pollution Discharge Elimination System (NPDES) permit. The RWQCB also works to obtain coordinated action in water quality control, including prevention and abatement of water pollution and nuisances.

The State Department of Transportation (CALTRANS) has authority over all state highway and freeway rights-of-way, including easements, and undeveloped rights-of-way that have been acquired in anticipation of future construction. Any project that proposes to construct a road connection or perform earthwork within a state highway or freeway must obtain an encroachment permit from Caltrans.

The State Board of Mines and Geology, Division of Oil and Gas, reviews applications for and issues permits for the exploratory drilling of gas or oil wells in Sutter County. Also the division reviews and issues permits for injection wells for the disposal of liquid waste from the gas and oil well drilling process.

The United States Army Corps of Engineers, pursuant to the Rivers and Harbors Act, maintains jurisdiction over all navigable waterways (including non-navigable streams, creeks, marshes, and diked lands) and requires a permit for any work within these waterways.

AGENCIES WITH REVIEW AUTHORITY

While the following agencies do not issue permits, they do maintain review authority and may comment on aspects of a development proposal that are related to their particular areas of expertise.

The State Department of Boating and Waterways comments on river-orientated features of a riverfront project such as potential navigation hazards, relation to existing or planned boating facilities and the public trust doctrine. This department also administers grants and loans for marina development and boat ramps and reviews federal and local ordinances regulating boating activities.

The State Department of Water Resources (DWR) built and operates the State Water Project which delivers half of the water supply as far south as Riverside County. Under the auspices of the Federal Energy and Power Commission, the DWR participates in the operational decisions affecting State Water Project facilities pertaining to power generation. The DWR also coordinates CEQA and NEPA comments for many departments of the State Resources Agency. The DWR sets state water well standards. Some of the DWR's original duties have been turned over to the State Department of Fish and Game and the State Department of Parks and Recreation. These agencies cooperate with DWR as subcontractors for specialized services, in the provision of fish, wildlife, and habitat management, and recreational operations and enhancement.

The State Department of Parks and Recreation reviews development projects in relation to state recreational facilities and grants for local facilities. Within the Department of Parks and Recreation, the State Office of Historic Preservation is the designated State Historic Preservation Office (SHPO) and monitors State- and Federally-registered historic resources, as well as carrying out other statutory responsibilities.

The California Native American Heritage Commission reviews projects and comments on potential impacts to Native American archaeological resources. The Commission is directly involved with a procedure if Native American artifacts or remains are discovered during construction activities.

The State Department of Fish and Game (DFG), as a trustee agency, reviews projects and comments on potential impacts to fish and wildlife resources in general, and identifies potential impacts to endangered or threatened plant or animal species under the California Endangered Species Act. The Department is required to issue a written finding whether a proposed project would "jeopardize" the continued existence of any species, or result in the destruction or adverse modification of habitat essential to the continued existence of the species. If the Department makes this "jeopardy" finding, it is then required to develop "reasonable and prudent alternatives" to conserve the endangered or threatened species.

The California State Clearinghouse, within the Office of Permit Assistance, is the point of contact for review of environmental documents where one or more state agencies will be a responsible or trustee agency. The Clearinghouse circulates environmental documents among state agencies, coordinates review and forwards comments to the lead agency.

The State Mining and Geology Board reviews petitions (by an individual or organization) to classify specific lands that contain significant mineral deposits and that are threatened by land use incompatibilities. Mineral lands classified as having regional or statewide significance, in accordance with California' Surface Mining and Reclamation Act (SMARA), ultimately must be recognized in the County general plan through adoption of an appropriate and compatible land use designation and through establishment of policies and implementation programs for conservation and development of these resources.

The United States Environmental Protection Agency (EPA) has review authority over environmental documents that are prepared and circulated pursuant to the National Environmental Protection Act (NEPA). The EPA can comment on draft environmental impact statements (EISs), and NEPA procedures require filing of final EISs with the EPA. The EPA has authority over development projects pursuant to Section 404 of the Clean Water Act, an authority that overlaps with that of the Army Corps of Engineers. Generally, the EPA reviews Department of Army permits for compliance with guidelines for implementing Section 404 requirements. The EPA can, in rare cases, override an Army Corps of Engineers decision on a Department of Army permit in order to prohibit discharges into waterways.

The United States Fish and Wildlife Service (USFWS) must be consulted on all federal projects, such as Army Corps of Engineers/Department of Army permits, pursuant to the Fish and Wildlife Coordination Act. The Service comments on potential project effects on "endangered or threatened" plant and animal species under the Federal Endangered Species Act. In reviewing a project, the Fish and Wildlife Service could issue a "jeopardy" determination and would propose alternatives to the permitting agency, in a manner similar to the State Department of Fish and Game process. The Fish and Wildlife Service also comments on potential effects on fish and wildlife resources.
The National Marine Fisheries Service is also consulted on all Department of Army Permits as part of the Fish and Wildlife Coordination Act. The National Marine Fisheries Service reviews development projects in relation to overall effects on anadromous fish such as salmon, striped bass, and steelhead. The Service also considers any endangered or threatened anadromous fish which may exist in the area.

AGENCIES THAT OWN LAND

Only 4.6 percent of lands within Sutter County are owned by public agencies. Table 2.9-1 below summarizes land ownership between various levels of government.

TABLE 2.9-1
GOVERNMENTAL OWNERSHIP OF LAND*

* Table reflects parcels of over 1 acre in size. Parcels of less that one acre may not be included.

The United States Fish and Wildlife Service (USFWS) is the primary federal land owner in Sutter County. The Fish and Wildlife Service manages the Sutter National Wildlife Refuge containing approximately 2,467 acres and another 678 acres in the Butte Sink. The FWS has been acquiring land and easements in the Butte Sink area over the last several years in order to benefit waterfowl habitat.

The State of California (various agencies) is a landowner of many properties in Sutter County. State-owned lands are primarily under the control of the Department of Fish and Game (DFG) and the Department of Water Resources. Most of the DFG land is in the Feather River Management Area. Smaller holdings include those in the Butte Sink area and a portion of Gray Lodge Waterfowl Management Area north of the Sutter Buttes.

2.10 FINDINGS

* Sutter County can be divided into two major geographic units: valley and mountains (Sutter Buttes). With the exception of the Sutter Buttes, the County is located in the north central Sacramento River Valley.

* The Sutter Buttes represent an unique physical landscape that provides aesthetic value for the County.

* Other adopted County and regional plans include the SACOG Regional Transportation Plan, the Air Pollution Control FRAQMD Non-Attainment Plan, the Airport Comprehensive Land Use Plan; and the components of the Integrated Waste Management Plan.

* The Sutter County Zoning Ordinance provides for a total of 28 zoning districts. Major zoning categories are Agricultural, Residential, Commercial, and Industrial. The majority of the County is zoned for agricultural uses.

* The General Plans of the two incorporated cities (Yuba City and Live Oak) generally support preservation of agricultural land and measures (e.g. planned unit development, "infill" development) to prevent urban sprawl.

* Yuba City updated it's General Plan in 1989 and the City of Live Oak updated its plan in 1994.

* The Sutter County Local Agency Formation Commission (LAFCO) last amended the Sphere of Influence (SOI) for Yuba City in 1990. The Live Oak SOI has not been amended since its original adoption in 1984. LAFCO has approved a number of annexations to each of the cities during and since that time.

* Public facility and service constraints limit urban development in several areas of the County. These constraints include septic tank limitations, water quality concerns and storm drainage problems.

* The amount of State and Federally owned land in Sutter County is not significant; however, at times these agencies exercise some form of permitting or review authority over land use decisions in the County.

* The random location of new residential development has the potential to create land use conflicts and, in most instances, make the provision of services more difficult.

* Land within the Yuba City and Live Oak spheres of influence appears to be sufficient to meet the needs of each community based on growth projections for the next 20 years.

* Sutter County does not have the facilities or resources to provide full urban services for new urban residential development.

* Lands within the spheres of influence of Yuba City and Live Oak will ultimately be annexed to those jurisdictions at some point in the future. Therefore, land use planning within the spheres should be conducted by each respective city in cooperation with the County.

* The designation of areas for commercial and industrial development in a variety of locations is necessary in order to provide adequate opportunities for new non-residential development.

* In order to create an atmosphere where industrial development can thrive, industrial areas must be protected from encroachment by potentially incompatible uses.

* Buffers can be utilized in conjunction with other strategies to reduce land use conflicts and protect the integrity of the County's industrially designated areas.

* Urbanization and other land conversion often results in conflicts between agricultural and non-agricultural land uses.

* Although a large portion of Sutter County is dedicated to agricultural production, the County also contains biological resources and wildlife habitat.

* The visual quality of the natural and built environment contributes to the overall perception of a community.

* Various inconsistencies exist in the unincorporated county between zoning and general plan land use designations that will require resolution within a reasonable period of time following adoption of the general plan.