Difference between revisions of "RAPID/BulkTransmission/California/Land Access"

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If components of the project will encroach on existing state highway or other ROWs, the developer must obtain permission from the [[California Department of Transportation]] (Caltrans) by submitting a complete [[CDOT Applications and Forms | Application TR-0100]]. [[ Cal. Sts. & High. Code § 670(a) ]]  Cities and counties may issue routine State highway encroachment permits on specified state highway facilities located within their boundaries if authorized by Caltrans. [[Cal. Sts. & High. Code § 676 ]]  Caltrans will approve or deny an encroachment permit within 60 days of receipt. [[Cal. Sts. & High. Code §671.5 ]]
 
If components of the project will encroach on existing state highway or other ROWs, the developer must obtain permission from the [[California Department of Transportation]] (Caltrans) by submitting a complete [[CDOT Applications and Forms | Application TR-0100]]. [[ Cal. Sts. & High. Code § 670(a) ]]  Cities and counties may issue routine State highway encroachment permits on specified state highway facilities located within their boundaries if authorized by Caltrans. [[Cal. Sts. & High. Code § 676 ]]  Caltrans will approve or deny an encroachment permit within 60 days of receipt. [[Cal. Sts. & High. Code §671.5 ]]
 
|LocalProcess=Local jurisdictions do not have siting authority for transmission facilities.
 
|LocalProcess=Local jurisdictions do not have siting authority for transmission facilities.
|GlanceTopic=Land Access
+
|RightofWayProcess=A person may need a State Land Right-of-way Lease before they can construct, use, or possess any state lands under the jurisdiction of the [[California State Lands Commission]].  [[Cl. Pub. Res. Code §§6201 et seq., Power and Duties Generally|Cal. Pub. Res. Code § 6224.3]].
 
|RightofWayAgency=[[California State Lands Commission]]
 
|RightofWayAgency=[[California State Lands Commission]]
|RightofWayProcess=The state grants utilities owned by municipal corporations "the right of way for the location, construction, and maintenance of...works for the generation and distribution of electrical power.[[California – Cal. Pub. Util. Code §§ 10151 et seq., Rights in Public Lands and Waters]].
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|HwyRightofWayProcess=Any person may need an Encroachment Permit for all activities related to the placement of encroachments within, under, or over state highway rights-of-way. [[Cal. Sts. & High. Code § 670(a) | Cal. Sts. & High. Code § 670(a)(2)]].
 
|HwyRightofWayAgency=[[California Department of Transportation]]
 
|HwyRightofWayAgency=[[California Department of Transportation]]
|HwyRightofWayProcess=When the [[California Department of Transportation]] acquires a right-of-way for state highway purposes, the Department obtains the right to issue "permits for the location in the right-of-way any...electric power lines." [[California – Cal. Sts. & High. Code §§ 90 et seq., The Department of Transportation|Cal. Sts. & High. Code § 117]].
 
 
|EminentDomain="[L]ocal public entities "may acquire property by eminent domain outside territorial limits for...electric supply purposes, unless there is an explicit statutory prohibition on doing so. [[California – Cal. Civ. Proc. Code §§ 1240.110 et seq., Rights Included in Grant of Eminent Domain Authority|Cal. Civ. Proc. Code § 1240.125]]. However, private energy producers do not possess this same authority. Public utilities may acquire property by eminent domain on behalf of a private energy producer only if the private energy producer bears the costs of that property acquisition. [[California – Cal. Pub. Util. Code §§ 2811 et seq., Interconnection of Facilities|Cal. Pub. Util. Code § 2813]].
 
|EminentDomain="[L]ocal public entities "may acquire property by eminent domain outside territorial limits for...electric supply purposes, unless there is an explicit statutory prohibition on doing so. [[California – Cal. Civ. Proc. Code §§ 1240.110 et seq., Rights Included in Grant of Eminent Domain Authority|Cal. Civ. Proc. Code § 1240.125]]. However, private energy producers do not possess this same authority. Public utilities may acquire property by eminent domain on behalf of a private energy producer only if the private energy producer bears the costs of that property acquisition. [[California – Cal. Pub. Util. Code §§ 2811 et seq., Interconnection of Facilities|Cal. Pub. Util. Code § 2813]].
 +
|GlanceTopic=Land Access
 
}}
 
}}

Revision as of 12:25, 7 May 2018

RAPIDRegulatory and Permitting Information Desktop Toolkit
My Projects

California Bulk Transmission Land Access(3-CA)

The California State Lands Commission has jurisdiction over state sovereign lands (4 million acres of land underlying the state's navigable and tital waterways) and over state school lands (5.5 million acres of land granted to California by Congress in 1853).

State Land Right of Way Lease Agreement

If any portion of the transmission line crosses state lands under the jurisdiction of the California State Lands Commission (CSLC), the developer will need to obtain a Right of Way Lease Agreement by submitting a complete Application Form to the CSLC. Cal. Pub. Res. Code § 6224.3 The CSLC has jurisdiction and management control over sovereign state land and California school lands (school lands). The Right of Way Lease Agreement for a transmission line project is subject to CEQA review, and it is recommended that most coordination should be done concurrently with the CEQA process to ensure that any CSLC required issues are addressed under CEQA. If another governmental agency has jurisdiction over some part of the project, the CSLC may allow the other agency to act as the lead agency for CEQA.

Encroachment Permit

If components of the project will encroach on existing state highway or other ROWs, the developer must obtain permission from the California Department of Transportation (Caltrans) by submitting a complete Application TR-0100. Cal. Sts. & High. Code § 670(a) Cities and counties may issue routine State highway encroachment permits on specified state highway facilities located within their boundaries if authorized by Caltrans. Cal. Sts. & High. Code § 676 Caltrans will approve or deny an encroachment permit within 60 days of receipt. Cal. Sts. & High. Code §671.5

Local Process
Local jurisdictions do not have siting authority for transmission facilities.

More Information

Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.


Permitting at a Glance

California Federal

State Land Right-of-Way: A person may need a State Land Right-of-way Lease before they can construct, use, or possess any state lands under the jurisdiction of the California State Lands Commission. Cal. Pub. Res. Code § 6224.3.
State Land Right-of-Way Agency: California State Lands Commission
State Highway Right-of-Way: Any person may need an Encroachment Permit for all activities related to the placement of encroachments within, under, or over state highway rights-of-way. Cal. Sts. & High. Code § 670(a)(2).
State Highway Right-of-Way Agency: California Department of Transportation
Eminent Domain: "[L]ocal public entities "may acquire property by eminent domain outside territorial limits for...electric supply purposes, unless there is an explicit statutory prohibition on doing so. Cal. Civ. Proc. Code § 1240.125. However, private energy producers do not possess this same authority. Public utilities may acquire property by eminent domain on behalf of a private energy producer only if the private energy producer bears the costs of that property acquisition. Cal. Pub. Util. Code § 2813.