http://www1.pressdemocrat.com/article/20080418/NEWS/804180331
Friday, April 18, 2008
Wednesday, April 9, 2008
No Fireworks: State Coastal Commission Tries to Dampen Spirit of ‘76
By Graham Owen and J. David Breemer
Now that the days have begun to grow noticeably longer, locals in Gualala have begun planning the area’s biggest event of the year – their traditional Fourth of July fireworks celebration.
However, there’s a problem.
The government Goliath known as the California Coastal Commission wants to stop the show because it believes it upsets birds. It’s proclaimed Gualala’s fireworks to be illegal “development.” And if this unelected group of bureaucrats gets its way, fireworks shows up and down the coast will be in danger.
Of course, using tax payer funds to frustrate small local projects is nothing new for the commission.
In 1986, the United States Supreme Court rebuked the agency for engaging in a “plan of out and out extortion” in trying to force a couple to give the agency beachfront land in return for a permit to build a three bedroom home. More recently, the commission attempted to deny a family’s efforts to build one home on a 40-acre ocean front lot because the house might be seen from the sea by passing boaters. Again, it took a court to put the commission in its place.
But now the commission is on verge of elevating its arrogance to an entirely new level. The immediate – but certainly not last – victim is Gualala.
Prompted by a small group of local bird-watchers, who claim the town’s fireworks show causes non-endangered birds to fly away, the commission has stepped in and demanded that the annual display cease. As its legal “angle,” they’ve decided that the ten minute show is “development” that requires a “Coastal Development Permit.”
Nevermind that the agency hasn’t regulated fireworks as “development” in its prior 35-year history. Nevermind that the town of Gualala has all the necessary fire and local permits and that without the anticipated fireworks show, its tourist economy will take a huge hit in already troubled times. Nevermind that the Gualala show is nothing but a commendable display of love for this nation observed or that thousands of people are hoping to gather together along our beautiful coast in observance of Independence Day.
None of that matters to the commission: birds are in and patriotism is out. So apparently, a short fireworks show is the same as an illegally built shopping mall development.
The commission’s attack on the Fourth of July won’t end in Gualala. After all, many coastal communities, including Monterey, Bodega Bay, Point Arena, Fort Bragg, and San Diego, have historically shot off fireworks without a Coastal Development Permit from the commission. But if fireworks now equal unpermitted “coastal development,” all these displays are illegal in the commission’s eyes and could result in severe financial penalties on the sponsoring communities.
In these economic times, it is doubtful that small communities will risk such fines. And, even if they wanted to get a permit, the red tape involved in the commission’s permitting process virtually ensures this cannot happen before this Fourth of July. Thus, the commission’s distaste for Gualala’s skyrockets has gravely endangered Fourth of July celebrations along the entire California coastline.
Local Independence Day fireworks shows should be encouraged, not chilled by the heavy-handed tactics of a Coastal Commission obsessed with common birds. The Coastal Commission has already done enough damage to one American tradition: private property. It should keep its hands off the Fourth of July.
Graham Owen and J. David Breemer are attorneys with the Pacific Legal Foundation inSacramento and are representing Gualala Festivals Committee in their fight against the Coastal Commission’s abuse of power.
Now that the days have begun to grow noticeably longer, locals in Gualala have begun planning the area’s biggest event of the year – their traditional Fourth of July fireworks celebration.
However, there’s a problem.
The government Goliath known as the California Coastal Commission wants to stop the show because it believes it upsets birds. It’s proclaimed Gualala’s fireworks to be illegal “development.” And if this unelected group of bureaucrats gets its way, fireworks shows up and down the coast will be in danger.
Of course, using tax payer funds to frustrate small local projects is nothing new for the commission.
In 1986, the United States Supreme Court rebuked the agency for engaging in a “plan of out and out extortion” in trying to force a couple to give the agency beachfront land in return for a permit to build a three bedroom home. More recently, the commission attempted to deny a family’s efforts to build one home on a 40-acre ocean front lot because the house might be seen from the sea by passing boaters. Again, it took a court to put the commission in its place.
But now the commission is on verge of elevating its arrogance to an entirely new level. The immediate – but certainly not last – victim is Gualala.
Prompted by a small group of local bird-watchers, who claim the town’s fireworks show causes non-endangered birds to fly away, the commission has stepped in and demanded that the annual display cease. As its legal “angle,” they’ve decided that the ten minute show is “development” that requires a “Coastal Development Permit.”
Nevermind that the agency hasn’t regulated fireworks as “development” in its prior 35-year history. Nevermind that the town of Gualala has all the necessary fire and local permits and that without the anticipated fireworks show, its tourist economy will take a huge hit in already troubled times. Nevermind that the Gualala show is nothing but a commendable display of love for this nation observed or that thousands of people are hoping to gather together along our beautiful coast in observance of Independence Day.
None of that matters to the commission: birds are in and patriotism is out. So apparently, a short fireworks show is the same as an illegally built shopping mall development.
The commission’s attack on the Fourth of July won’t end in Gualala. After all, many coastal communities, including Monterey, Bodega Bay, Point Arena, Fort Bragg, and San Diego, have historically shot off fireworks without a Coastal Development Permit from the commission. But if fireworks now equal unpermitted “coastal development,” all these displays are illegal in the commission’s eyes and could result in severe financial penalties on the sponsoring communities.
In these economic times, it is doubtful that small communities will risk such fines. And, even if they wanted to get a permit, the red tape involved in the commission’s permitting process virtually ensures this cannot happen before this Fourth of July. Thus, the commission’s distaste for Gualala’s skyrockets has gravely endangered Fourth of July celebrations along the entire California coastline.
Local Independence Day fireworks shows should be encouraged, not chilled by the heavy-handed tactics of a Coastal Commission obsessed with common birds. The Coastal Commission has already done enough damage to one American tradition: private property. It should keep its hands off the Fourth of July.
Graham Owen and J. David Breemer are attorneys with the Pacific Legal Foundation inSacramento and are representing Gualala Festivals Committee in their fight against the Coastal Commission’s abuse of power.
Saturday, April 5, 2008
California Wetland Protection Policy
The California State Water Resources Control Board is considering the adoption of a controversial Wetland and Riparian Area Protection Policy purportedly designed to "fill the gaps" in federal wetland protections left by the Supreme Court in its SWANCC (2001) and Rapanos (2006) decisions. This is a curious development in light of the fact that the EPA and Corps are still regulating virtually every pond, puddle and ditch in the Nation under the Clean Water Act sec. 404(b) provision.
The federal Rapanos Guidelines are so broad as to encompass any wetland anywhere and public comments suggest the State Water Board's policy goes too far. Nevertheless, the State is pressing forward and will consider adopting the proposed policy at its April 15 meeting. The draft policy and comments can be read here. http://www.swrcb.ca.gov/cwa401/wrapp.html
The federal Rapanos Guidelines are so broad as to encompass any wetland anywhere and public comments suggest the State Water Board's policy goes too far. Nevertheless, the State is pressing forward and will consider adopting the proposed policy at its April 15 meeting. The draft policy and comments can be read here. http://www.swrcb.ca.gov/cwa401/wrapp.html
Subscribe to:
Posts (Atom)