Opinion

Various federal, regional, State and community groups are moving forward with watershed assessments and other planning efforts that apply to privately owned land and resources within Siskiyou County. There is the Bureau of Reclamation's Conservation Implementation Program (CIP,) which is supposed to be the Klamath version of CALFED process. There is the Five Counties Plan (5C,) which apparently looks to participating Counties to adopt model ordinances and General Plan elements for protection of anadromous fish. There is the State Fish and Game coho recovery plan. There is the Natural Resources Conservation Service (NRCS) watershed assessment. There is the Klamath River Fisheries Task Force sub-basin planning effort. There is the Scott River Watershed Council watershed planning effort.

As a landowner, with all these overlapping efforts, it may be wise to ask about an agency's jurisdiction and delegation of authority to do what they are doing. Many of these efforts are based purely on voluntary participation for studies, creation of a plan and its implementation. Now, don't get me wrong, voluntary efforts are preferable to regulation and can make a real difference, but I get a bit queasy when I see a "vision" for the management of my property in someone else’s plan.

There are also many agencies, such as the NOAA Fisheries, California Department of Fish and Game and the Water Quality Control Board, who have legitimate limited regulatory authority over land and water use activities as impacts a specific area such as endangered fish or sediment in a stream.

Siskiyou County has broad constitutional regulatory and planning authority in the unincorporated areas of the country, (exclusive of Indian Country.) Article 11, Section 7 of the California constitution entitled “Local Government,” declares that:

"A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws" [of the State.]

“Police powers” are the broad powers of regulation to prevent substantial injury to public safety, health, peace and morals. There are many U.S. Supreme Court cases that make it clear that the police powers lie with the State and local governments and not with the federal government.

Land and resource use planning (zoning) was determined by the U.S. Supreme Court to have a basis in the police powers as a legitimate form of regulation.

In 1937, the State required all cities and counties to adopt a “General Plan.” This is a long-term, comprehensive plan for the physical development of land and resources within the county. In 1951, this requirement became Government Code 65000. Section 65300.7. recognizes that such planning should be done locally. It establishes minimum plan requirements beyond which local government may add additional requirements that reflect local conditions and circumstances.

Although the County Planning Department, (assisted by the appointed members of the County Planning Commission,) drafts the plan, the public also has the opportunity to provide their recommendations and input. Ultimately, it is your elected representatives on the Board of Supervisors who make the decision whether to adopt a plan or element.

There are seven required general plan elements: Land Use; Conservation; Circulation; Open Space; Housing; Noise; and Safety. In Siskiyou County some of these are combined. We also have a separate Geothermal and Energy element. In addition, a separate plan element for the Scott Valley area has been adopted.

The Conservation Element addresses the conservation, development, and utilization of local natural resources including water and its hydraulic force, forests, wildlife, fisheries, soils, rivers, minerals and other natural resources. It also covers the protection of watersheds.

The role of a general plan is to serve as the primary expression by the community of how the physical features and natural resources are to be maintained, utilized and enhanced, and how growth and development are expected to occur. The State Guidelines suggest that " preparing, adopting, implementing and maintaining a general plan serves to:

Identify the community's land use, circulation, environmental, economic and social goals and policies as they relate to land use and development.
Provide a basis for local government decision-making.
Provide citizens with opportunities to participate in the planning and decision making process of local government.
Inform citizens, developers, decision makers, and other cities and counties of the ground rules that will guide development within the community."

(http://www.pacificmunicipal.com/oakleygp/gp_benefits.html)

From my perspective, the planning world of District 5 is becoming a bit crowded.