SACRAMENTO – The State Senate has approved a bill by Assemblymember Wesley Chesbro (D-North Coast) that allows the State Lands Commission to fine those who build or own unlawful structures on state lands.
AB 2664 awaits action by the governor. The bill also includes a six-month amnesty period to allow violators to comply with the law.
“Many of these illegal structures built impede public access to state lands,” Chesbro said. “Examples of this include fences into lakes and in some cases across state parks. The State Lands Commission often has to enter into costly litigation to battle those who build on public lands without proper permits.”
AB 2664 would allow the State Lands Commission to directly impose administrative penalties on violators.
The penalties would be capped at no more than $1,000 per day or 60 percent more than the fair market rent for the land each day a permit is violated. Currently, the commission’s only option is to sue. This is costly and ties up resources of the Attorney General’s Office.
“This legislation would act as a deterrent and save the state money,” Chesbro said. “New York, Oregon, Texas and Washington already do this. There are safeguards built into the legislation that allow those being fined a hearing within 30 days and a six month amnesty period to allow offenders to get into compliance without being penalized.”
The State Lands Commission oversees Public Trust waterways for navigation, fishing, boating, natural habitat protection and other waterway activities.
The governor has until Sept. 30 to take action on the bill.