CCC Voids Existing CDPs for Shoreline Protection
The California Coastal Commission Central Coast Regional Office has recently issued notices to several coastal property owners stating that their existing CDPs for their Shoreline Protection (revetment rocks or sea wall) was no longer valid, since the property owner did not submit a Monitoring, Maintenance and Repair Plan and Report in time as required by the terms of their CDP for shoreline protection. Many Coastal Property owners who have shoreline protection which was permitted in the last 30 years, are required to file a Monitoring, Maintenance & Repair Plan within 10 years of the CDP issuance, to submit inspection reports by a licensed engineer every 5 years, and to perform repairs as necessary to prevent encroachment on the public beaches or pose a safety hazards to the public. The CCC is requiring these property owners to apply for new CDP’s for their shoreline protection, and will be subject to all the new mitigation fees and requirements imposed by the CCC, and their structures are considered a “new redevelopment” if the structure was rebuilt since the Coastal Act was passed in 1978. Permits issued before 1990, may not have these requirements. So please check your CDP for your shoreline protection to ensure you are in compliance.
CPOA may pursue a legal opinion to see if the CCC can void an existing CDP for shoreline protection for non-compliance without advance notice to the property owner, and given an opportunity to comply with the MMRP requirements. We will keep you posted.
Please remember to pay your CPOA dues for 2022, which are due in January.
Steve Forer
President, CPOA – SC