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.
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 jurisdictions do not have siting authority for transmission facilities.
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
|State Land Right-of-Way:||Any person may need a State Land Right-of-way Lease to 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.|
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