Guidance Raises Concerns About Coastal Access

Medlong says developers and owners should coordinate with local government to address changes.

SAN FRANCISCO—The California Coastal Commission recently issued draft residential adaptation policy guidance to help municipal governments evaluate residential development compliance with the California Coastal Act, GlobeSt.com learns in the second in a two-part exclusive. There are legal considerations surrounding this draft policy, as one might imagine.

Municipalities implementing these policy recommendations may face legal issues related to provisions of the Coastal Act itself, the public trust doctrine and property takings, whether through eminent domain or through regulatory takings under federal law. Because the act aims to protect shorelines from any unnecessary risks arising from new development (i.e., development completed after the act’s passage), the draft guidance raises potential concerns regarding public access, marine habitats, water quality, waterway conditions and visual resources.