California Coastal Commission Receives Update on Marin County’s LCP; Marin County Still Fails to Comprehensively Plan for Climate Change

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For Immediate Release

Point Reyes Station, CA (August 13, 2021) - Yesterday, the California Coastal Commission (Coastal Commission) received an informational update on Marin County’s fraught LCP update process. Last month, the Marin County Board of Supervisors finalized their Local Coastal Program (LCP) update and retained 40-year old land-use policies to inform development in hazardous areas in the face of the climate crisis. The finalized LCP went into effect August 12th (30 days after the Board of Supervisors meeting).

The Environmental Action Committee of West Marin (EAC) and the Surfrider Foundation (Surfrider) disagree with the County’s approach to retain outdated hazards policies in the face of the climate emergency when coastal Marin faces several threats including rising sea levels, emergent groundwater, and wildfire risks.

EAC – a grassroots local environmental organization working to protect the unique lands, waters, and biodiversity of coastal Marin – has been advocating to the County for 13 years to fully update Marin’s LCP including environmental hazards policies, which has only become more urgent in the face of the mounting climate crisis. Surfrider is a non-profit grassroots organization dedicated to the protection and enjoyment of our world’s oceans, waves, and beaches for all people and is fueled by a powerful network of activists. Surfrider’s Marin County Chapter has also been extensively involved with the Marin LCP amendment process.

LCPs are basic planning tools used by local governments to guide development in the coastal zone, in partnership with the Coastal Commission containing the rules and regulations for future development and protection of coastal resources. As originally planned, the environmental hazards chapter was the last chapter to be updated by the County prior to LCP finalization and is intended to enhance the safety of residents in potentially hazardous areas, while allowing carefully planned and designed sited development that does not exacerbate hazards. Instead, the LCP has been finalized with existing 1980s hazards provisions.

EAC and the Surfrider Foundation submitted written comments to the Coastal Commission, continuing to raise awareness about Marin County’s continued use of 1980s hazards policies. EAC and Surfrider are concerned that Marin County’s multiple delays in updating environmental hazards, including provisions to adapt to sea level rise and wildfire, will set a negative precedent in the state for other jurisdictions to ignore planning for the impacts of the climate crisis. The two groups also remain concerned about an extremely rapid roll out of the other LCP provisions, which are now in effect, with extremely limited public education and notice, which will likely result in compliance issues.

A decision made, on the fly, at the County’s July 13, 2021 hearing, the updated LCP provisions will go into effect without Coastal Commission Executive Director review and concurrence by the full Coastal Commission.

We strongly disagree the Coastal Commission Executive Director review and Commission concurrence was deemed unnecessary as it limited public transparency in this important process. We ask that Marin County uphold their commitment to updating the environmental hazards chapter in good faith with the Commission staff. Planning for the future of our vulnerable coastal communities needs to happen as soon as possible. The hazards chapter is especially important for coastal communities, as we are already experiencing impacts of the climate crisis with increased wildfire risks, rising sea levels, and emergent groundwater. Our County can’t afford any more delays.
— Morgan Patton, EAC Executive Director

The County has delayed completing the hazards chapter three times since 2014. The County is now using an LCP package that concerns several inconsistencies and references to hazards policies that no longer exist, as well as missing wildfire vegetation management policies.

Following a brief information update by Dan Carl, North Central Coast District Director for the Coastal Commission, public testimony was given by individuals, Surfrider Foundation and Surfrider’s Marin Chapter, and EAC.

Marin County’s Tom Lai, Community Development Director, and Jack Liebster, Planning Manager, also provided updates on the County’s proposed timeline.

During the hearing, concerns were raised related to the use of outdated 1980s policies as development continues and the urgency of our climate crisis. Several speakers urged the County to act swiftly to update the environmental hazards sections and meet their proposed schedule to submit a hazards draft to the Coastal Commission by early 2022.

EAC’s Conservation Director, Ashley Eagle-Gibbs, spoke, raising several concerns with inconsistencies and implementation, imploring the County to work with the Coastal Commission staff to complete hazards as soon as possible, and also asking hard questions.

We are supportive of the LCP update overall, and we continue to work with Marin County.... However, we are highly concerned with the County’s continued use of 1980s hazards policies… I ask the public and the Commission - What do you want our coast to look like - armored or with public beach access and coastal resource protection? We can’t have both.
— Ashley Eagle-Gibbs, EAC Conservation Director

Mandy Sackett, California Policy Coordinator for the Surfrider Foundation, and Delia Bense-Kang, representing the Marin Chapter, both spoke,

With the County’s July 14 LCP resolution and the Coastal Commission’s support, Marin County is now free to indefinitely rely on coastal hazard policies from 1981 that do not address climate change and sea level rise. Supporting the County’s resolution, the Coastal Commission gave up any leverage they had to compel the County to return with adequate, Coastal Act compliant hazard policies. We strongly disagree that Executive Director review and Commission concurrence was deemed unnecessary. If Commissioners and Commission staff don’t take a bold stand for the coast against these efforts, who will?
— Mandy Sackett, Surfrider Foundation’s California Policy Coordinator

Following public comment, Marin County and Coastal Commission staff reconfirmed their commitment to focus on completing Marin County’s environmental hazards chapter. Mr. Carl confirmed the Commission procedures and stated the hazards update is “critical.”

Commissioner and Marin County Supervisor Katie Rice stated the importance of all counties having updated environmental hazards provisions in light of the global climate crisis. She also confirmed Marin County’s commitment to bring something forward to the Commission in early 2022, which she stated hopefully will be a “model.”

Commissioner Aminzadeh asked for assurances related to the County’s timeline and also raised concerns related to the need to focus on nature based solutions rather than coastal armoring. She later asked for an update to the Coastal Commission should any additional delays occur and reiterated the importance of the County staying on track as we approach another season of King Tides. Mr. Carl confirmed that updates will be provided to the Commission via the Deputy Director’s report.

Mr. Lai provided details on the County’s proposed timeline, which includes stakeholder review, a public workshop this fall (October), a special Planning Commission meeting November 15th, and scheduling before the Board of Supervisors December 14th. Mr. Liebster discussed the County’s nature based project in Stinson Beach, which is on a separate timeline from the LCP update.

No action was taken as this was an informational item for the Commissioners.

EAC and Surfrider Foundation remain hopeful that Marin will plan for environmental hazards under an expedited timeline, and we will continue to advocate that this process is finalized as soon as possible with the widest public participation. We will hold the County to their commitment to complete hazards in 2022.

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EAC’s Mission is to protect and sustain the unique lands, waters, and biodiversity of West Marin through advocacy, education, and engagement opportunities.

Surfrider Foundation is dedicated to the protection and enjoyment of our world’s oceans, waves, and beaches for all people and is fueled by a powerful network of activists.