State Codes and Statutes

Statutes > California > Prc > 5093.30-5093.40

PUBLIC RESOURCES CODE
SECTION 5093.30-5093.40



5093.30.  This chapter shall be known and may be cited as the
California Wilderness Act.



5093.31.  In order to assure that an increasing population,
accompanied by expanding settlement and growing mechanization, does
not occupy and modify all areas on state-owned lands within
California, leaving no areas designated for preservation and
protection in their natural condition, it is hereby declared to be
the policy of the State of California to secure for present and
future generations the benefits of an enduring resource of
wilderness.


5093.32.  As used in this chapter:
   (a) "Minimum management requirements" means the minimum wilderness
management actions that are necessary to administer a wilderness
area for the purpose of this chapter.
   (b) "Minimum tool" means the least intrusive tool, equipment,
device, regulation, action, or practice that will achieve the minimum
management requirements.
   (c) "Roadless area" means a reasonably compact area of undeveloped
land that possesses the general characteristics of a wilderness, as
described in subdivision (c) of Section 5093.33, and within which
there is no improved road that is suitable for public travel by
motorized vehicles intended primarily for highway use.
   (d) "Secretary" means the Secretary of the Resources Agency.
   (e) "System" means the California wilderness preservation system.
   (f) "Wilderness areas" means component areas of the system as
described in Section 5093.33, 5093.34, or 5093.345.



5093.33.  (a) There is hereby established a California wilderness
preservation system to be composed of state-owned areas designated by
the Legislature as "wilderness areas" and units of the state park
system classified as "state wildernesses" by the State Park and
Recreation Commission pursuant to Article 1.7 (commencing with
Section 5019.50) of Chapter 1, and these shall be administered for
the use and enjoyment of the people in such manner as will leave them
unimpaired for future use and enjoyment as wilderness, provide for
the protection of such areas, preserve their wilderness character,
and provide for the gathering and dissemination of information
regarding their use and enjoyment as wilderness. No state-owned areas
shall be designated as "wilderness areas" except as provided for in
this chapter or by subsequent legislative enactment.
   (b) Notwithstanding the inclusion of an area within the system, a
wilderness area shall continue to be subject to the jurisdiction of
the state agency or agencies having jurisdiction thereover
immediately prior to its inclusion in the system. The secretary shall
adopt guidelines for the management of wilderness areas. Each state
agency or agencies having jurisdiction over a wilderness area shall
adopt regulations for the management of such areas consistent with
the guidelines adopted by the secretary and the objectives of this
chapter. Such regulations shall include provisions to protect
endangered or rare native plant and animal species.
   (c) A wilderness area, in contrast to those areas where man and
his own works dominate the landscape, is hereby recognized as an area
where the earth and its community of life are untrammeled by man,
where man himself is a visitor who does not remain. A wilderness area
is further defined to mean an area of relatively undeveloped
state-owned land which has retained its primeval character and
influence or has been substantially restored to a near natural
appearance, without permanent improvements or human habitation, other
than semi-improved campgrounds and primitive latrines, and which is
protected and managed so as to preserve its natural conditions and
which:
   (1) Appears generally to have been affected primarily by the
forces of nature, with the imprint of man's work substantially
unnoticeable.
   (2) Has outstanding opportunities for solitude or a primitive and
unconfined type of recreation.
   (3) Has at least 5,000 acres of land, either by itself or in
combination with contiguous areas possessing wilderness
characteristics, or is of sufficient size as to make practicable its
preservation and use in an unimpaired condition.
   (4) May also contain ecological, geological, or other features of
scientific, educational, scenic, or historical value.



5093.34.  (a) The following areas are hereby designated as
components of the system:
   (1) Santa Rosa Mountains State Wilderness, consisting of that
portion of Anza-Borrego Desert State Park in San Diego County within
the area encompassed by Townships 9 and 10 South and Ranges 4, 5, 6,
7, and 8 East, San Bernardino Base and Meridian, except that the
State Park and Recreation Commission shall establish the precise
boundary.
   (2) Mount San Jacinto State Wilderness in Mount San Jacinto State
Park in Riverside County consisting of approximately 9,800 acres and
including all of Sections 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27,
28, 29, 30, and 31, Township 4 South, Range 3 East, and all of
Section 6, Township 5 South, Range 3 East, except the SW 1/4 NW 1/4,
NW 1/4 SW 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4, and SE 1/4 SE 1/4, San
Bernardino Base and Meridian.
   (3) The land in the Sinkyone Wilderness State Park after the
exchanges of land provided for in Section 6 of the act amending this
section at the 1979-80 Regular Session of the Legislature, effective
upon approval of a general plan for the area by the State Park and
Recreation Commission, as required by Section 5002.45.
   (b) The following state school lands, currently under the
jurisdiction of the State Lands Commission, shall become components
of the system on January 1, 1977, unless exchanged with the federal
government for other lands pursuant to existing law prior to that
date:
   (1) Approximately 640 acres in Monterey County within the Ventana
Wilderness, consisting of Section 16, Township 19 South, Range 2
East, Mount Diablo Base and Meridian.
   (2) Approximately 40 acres in Monterey County within the Ventana
Wilderness, consisting of the NE 1/4 NE 1/4 of Section 36, Township
19 South, Range 3 East, Mount Diablo Base and Meridian.
   (3) Approximately 80 acres in Monterey County within the Ventana
Wilderness, consisting of the SE 1/4 NW 1/4 and the SW 1/4 NE 1/4 of
Section 36, Township 19 South, Range 2 East, Mount Diablo Base and
Meridian.
   (4) Approximately 40 acres in Santa Barbara County within the San
Rafael Wilderness, consisting of the SE 1/4 NW 1/4 of Section 16,
Township 7 North, Range 27 West, San Bernardino Base and Meridian.
   (5) Approximately 80 acres in Siskiyou County within the Marble
Mountain Wilderness, consisting of the E 1/2 and the NW 1/4 of
Section 16, Township 41 North, Range 12 West, Mount Diablo Base and
Meridian.
   (6) Approximately 640 acres in Tehama County within the Yolla
Bolla Middle Eel Wilderness, consisting of Section 36, Township 27
North, Range 10 West, Mount Diablo Base and Meridian.
   Nothing herein shall preclude the State Lands Commission from
effecting exchanges of any such land described in subdivision (b)
with the federal government on or after January 1, 1977, for the
purpose of including the exchanged land in the national wilderness
preservation system. Upon completion of any such exchange, any such
land described in subdivision (b) shall no longer be part of the
system.


5093.345.  (a) Limekiln State Wilderness, comprised of approximately
413 acres of Limekiln State Park as generally depicted on a map
entitled "Limekiln State Park Wilderness" dated August 29, 2008, and
filed with the Secretary of State and transmitted to the secretary,
is hereby designated as a component of the system. The department may
take measures to control fire, diseases, and insects as provided in
subdivision (c) of Section 5093.36.
   (b) Notwithstanding any other provision of this chapter, the
California Coastal Trail, as specified in Section 31408, may be
located, designed, constructed, or operated within the Limekiln State
Wilderness.



5093.35.  (a) The secretary, in cooperation with each department
within the Resources Agency, shall review state-owned roadless areas
under his or her jurisdiction as of January 1, 1975, including, but
not limited to, lands within the state park system, state forests,
and fish and game refuges, reserves, sanctuaries, and other areas
designated for the protection of wildlife, but not including tide and
submerged lands lying below the mean high tide line, and shall
report to the Legislature his or her recommendations as to the
suitability or nonsuitability of each area for preservation as state
wilderness.
   (b) The State Lands Commission shall review state-owned roadless
areas under its jurisdiction that have been identified as possessing
significant environmental values pursuant to Section 6370.2, and
shall report to the Legislature its recommendations as to the
suitability or nonsuitability of each area for preservation as
wilderness.
   (c) Additional reviews and reports as to suitability or
nonsuitability for preservation as wilderness shall be made by the
secretary and the State Lands Commission for the following areas:
   (1) State-owned roadless areas under their respective
jurisdictions and within or contiguous to federal wilderness areas
designated by the Congress after January 1, 1975, within one year
after the designation.
   (2) State-owned roadless areas under their respective
jurisdictions that are acquired after January 1, 1975, within three
years of the acquisition.
   (d) The secretary and the State Lands Commission, prior to
submitting recommendations with respect to the suitability of an area
for preservation as a wilderness area, shall:
   (1) Give public notice of the proposed action as deemed
appropriate, including publication in one or more newspapers of
general circulation in each county within which the affected area is
located, and mailed to every person who has filed a request for
notice of hearing. If the notice of hearing is published in a weekly
newspaper, it must appear therein on at least two different days of
publication, and, if in a newspaper published more often, there must
be at least five days from the first to the last day of publication,
both days included. The content of the notice of hearing shall
substantially comply with the requirements of Section 11346.5 of the
Government Code.
   (2) Hold a public hearing or hearings in the City of San Diego,
City of Los Angeles, City and County of San Francisco, or City of
Sacramento, whichever is closest to the area affected, not less than
30 days, nor more than 60 days, after the last date of publication of
the notice. The hearing shall be conducted in the manner specified
in Section 11346.8 of the Government Code.
   (3) Advise, at least 30 days before the date of a hearing, the
board of supervisors of each county where the lands are located, and
federal, state, and local agencies concerned, and invite those
officials and agencies to submit their views on the proposed action
at the hearing or within a specified period thereafter.
   (e) A view submitted under the provisions of subdivision (d) with
respect to an area shall be included with recommendations to the
Legislature with respect to that area.
   (f) A modification or adjustment of boundaries of a wilderness
area designated by the Legislature shall be recommended to the
Legislature by the secretary or the State Lands Commission after
public notice of the proposal and public hearing or hearings as
provided in subdivision (d).
   (g) Nothing contained in this section shall be construed to lessen
the present statutory authority of a state agency with respect to
the maintenance of roadless areas.
   (h) Privately owned areas within or contiguous to state-owned
areas shall not preclude the review of the state-owned areas as
provided in this section.



5093.36.  (a) Except as otherwise provided in this chapter, a state
agency with jurisdiction over an area designated as a wilderness area
shall be responsible for preserving the wilderness character of the
wilderness area and shall administer the area for the purposes for
which it has been established and to preserve its wilderness
character. Except as otherwise provided in this chapter, wilderness
areas shall be devoted to the public purposes of recreational,
scenic, scientific, educational, conservation, and historical use.
   (b) Except as specifically provided in this chapter, and subject
to private rights existing as of January 1, 1975, there shall be no
commercial enterprise and no permanent road within any wilderness
area. There shall be no temporary road, no use of motor vehicles,
motorized equipment, or motorboats, no landing or hovering of
aircraft, no flying of aircraft lower than 2,000 feet above the
ground, no other form of mechanical transport, and no structure or
installation within any wilderness area, except under either of the
following circumstances:
   (1) It is necessary in an emergency involving the health and
safety of persons within the wilderness area.
   (2) It is the minimum tool necessary to meet the minimum
management requirements.
   (c) The following special provisions are hereby made:
   (1) Within a wilderness area, measures may be taken as may be
necessary for the control of fire, insects, and diseases, subject to
conditions that the state agency with jurisdiction over the
wilderness area may deem desirable.
   (2) Nothing in this chapter shall prevent any activity by any
public agency within a wilderness area, including prospecting, for
the purpose of gathering information about mineral or other resources
that the state agency with jurisdiction over the wilderness area has
determined will be carried on in a manner compatible with the
preservation of the wilderness environment.
   (3) A state agency with jurisdiction over a wilderness area may
authorize the collection of hydrometeorological data and the conduct
of weather modification activities, including both atmospheric and
surface activities and environmental research, which are within,
over, or may affect wilderness areas and for those purposes may
permit access, installation, and use of equipment which is
specifically justified and unobtrusively located. Maximum practical
application of miniaturization, telemetry, and camouflage shall be
employed in conducting weather modification activities. In granting
permission for the conduct of data collection and weather
modification activities, the appropriate state agency may prescribe
operating and monitoring conditions that it deems necessary to
minimize or avoid long-term and intensive local impact on the
wilderness character of the wilderness areas affected.
   (4) Within a wilderness area, the grazing of livestock, where
established prior to January 1, 1975, may be permitted to be
continued by the present lessee or permittee subject to limitation by
the terms and regulations that are deemed necessary by the state
agency with jurisdiction over the wilderness areas.
   (5) This chapter does not apply to the aerial stocking of fish or
to the conduct of aerial surveys of wildlife species.
   (6) A state agency with jurisdiction over a wilderness area may
authorize measures that address environmental damage or degradation
affecting wilderness character and resources if those measures are
consistent with the minimum management requirements and only the
minimum tools are used.
   (7) Guidelines for the determination of the minimum management
requirements and the minimum tool shall be adopted by regulation.




5093.37.  (a) In any case where privately owned land is completely
surrounded by wilderness areas, the private owner may acquire from
the state a reasonable means of ingress and egress across wilderness
areas from highways and roads to such land and from such land to
highways and roads.
   (b) Application from such a private owner for ingress and egress
shall be made to the administering state agency. When application for
ingress and egress is received, the administering state agency shall
determine whether any reasonable access exists outside the
boundaries of the wilderness area or could be economically
constructed.
   (c) Where reasonable access does not exist or cannot be
economically constructed outside the boundaries of the wilderness
area, the administering state agency shall grant a permit for
right-of-way across the wilderness area over such route, and subject
to such conditions and construction and maintenance specifications,
as the administering state agency may determine will cause minimum
alteration to the physical features of the wilderness area and
minimum interference with the use of the wilderness area by the
public.
   (d) The permittee shall, at his own expense, construct and
maintain the means of ingress and egress in accordance with the terms
and conditions set forth in the permit, noncompliance with which in
any part shall be due cause for revocation of the permit.
   (e) The administering state agency may require a permittee to
allow the use of such means of ingress and egress by other applicants
whose lands are similarly situated. The administering state agency
shall grant a permit for such use under terms and conditions imposed
upon existing users, upon payment of a reasonable compensation for
construction and maintenance of the road, by the applicant to the
existing permittee.
   (f) Subject to the appropriation of funds by the Legislature, the
state agency or agencies having jurisdiction over such wilderness
areas may acquire privately owned land within the perimeter of any
area designated by this chapter as a wilderness area.
   (g) The state agency or agencies having jurisdiction over such
wilderness areas may accept gifts or bequests of land within or
contiguous to wilderness areas. Regulations with regard to any such
land may be in accordance with such agreements, consistent with the
policy of this chapter, as are made at the time of such gift, or such
conditions, consistent with such policy, as may be included in, and
accepted with, such bequest.



5093.38.  Nothing in this chapter shall affect the jurisdiction or
responsibility of the state with regard to fish and wildlife. Hunting
and fishing may be permitted on lands and waters administered as
parts of the system under applicable state or federal laws and
regulations.



5093.39.  The secretary shall, no later than December 1, 1975, and
on or before December 1st of each year thereafter, report to the
Governor and to the Legislature on the status of the system,
including a list and descriptions of the wilderness areas within the
system, guidelines and regulations in effect, and recommendations for
additions to the system.



5093.40.  If any provision of this chapter or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of the
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.


State Codes and Statutes

Statutes > California > Prc > 5093.30-5093.40

PUBLIC RESOURCES CODE
SECTION 5093.30-5093.40



5093.30.  This chapter shall be known and may be cited as the
California Wilderness Act.



5093.31.  In order to assure that an increasing population,
accompanied by expanding settlement and growing mechanization, does
not occupy and modify all areas on state-owned lands within
California, leaving no areas designated for preservation and
protection in their natural condition, it is hereby declared to be
the policy of the State of California to secure for present and
future generations the benefits of an enduring resource of
wilderness.


5093.32.  As used in this chapter:
   (a) "Minimum management requirements" means the minimum wilderness
management actions that are necessary to administer a wilderness
area for the purpose of this chapter.
   (b) "Minimum tool" means the least intrusive tool, equipment,
device, regulation, action, or practice that will achieve the minimum
management requirements.
   (c) "Roadless area" means a reasonably compact area of undeveloped
land that possesses the general characteristics of a wilderness, as
described in subdivision (c) of Section 5093.33, and within which
there is no improved road that is suitable for public travel by
motorized vehicles intended primarily for highway use.
   (d) "Secretary" means the Secretary of the Resources Agency.
   (e) "System" means the California wilderness preservation system.
   (f) "Wilderness areas" means component areas of the system as
described in Section 5093.33, 5093.34, or 5093.345.



5093.33.  (a) There is hereby established a California wilderness
preservation system to be composed of state-owned areas designated by
the Legislature as "wilderness areas" and units of the state park
system classified as "state wildernesses" by the State Park and
Recreation Commission pursuant to Article 1.7 (commencing with
Section 5019.50) of Chapter 1, and these shall be administered for
the use and enjoyment of the people in such manner as will leave them
unimpaired for future use and enjoyment as wilderness, provide for
the protection of such areas, preserve their wilderness character,
and provide for the gathering and dissemination of information
regarding their use and enjoyment as wilderness. No state-owned areas
shall be designated as "wilderness areas" except as provided for in
this chapter or by subsequent legislative enactment.
   (b) Notwithstanding the inclusion of an area within the system, a
wilderness area shall continue to be subject to the jurisdiction of
the state agency or agencies having jurisdiction thereover
immediately prior to its inclusion in the system. The secretary shall
adopt guidelines for the management of wilderness areas. Each state
agency or agencies having jurisdiction over a wilderness area shall
adopt regulations for the management of such areas consistent with
the guidelines adopted by the secretary and the objectives of this
chapter. Such regulations shall include provisions to protect
endangered or rare native plant and animal species.
   (c) A wilderness area, in contrast to those areas where man and
his own works dominate the landscape, is hereby recognized as an area
where the earth and its community of life are untrammeled by man,
where man himself is a visitor who does not remain. A wilderness area
is further defined to mean an area of relatively undeveloped
state-owned land which has retained its primeval character and
influence or has been substantially restored to a near natural
appearance, without permanent improvements or human habitation, other
than semi-improved campgrounds and primitive latrines, and which is
protected and managed so as to preserve its natural conditions and
which:
   (1) Appears generally to have been affected primarily by the
forces of nature, with the imprint of man's work substantially
unnoticeable.
   (2) Has outstanding opportunities for solitude or a primitive and
unconfined type of recreation.
   (3) Has at least 5,000 acres of land, either by itself or in
combination with contiguous areas possessing wilderness
characteristics, or is of sufficient size as to make practicable its
preservation and use in an unimpaired condition.
   (4) May also contain ecological, geological, or other features of
scientific, educational, scenic, or historical value.



5093.34.  (a) The following areas are hereby designated as
components of the system:
   (1) Santa Rosa Mountains State Wilderness, consisting of that
portion of Anza-Borrego Desert State Park in San Diego County within
the area encompassed by Townships 9 and 10 South and Ranges 4, 5, 6,
7, and 8 East, San Bernardino Base and Meridian, except that the
State Park and Recreation Commission shall establish the precise
boundary.
   (2) Mount San Jacinto State Wilderness in Mount San Jacinto State
Park in Riverside County consisting of approximately 9,800 acres and
including all of Sections 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27,
28, 29, 30, and 31, Township 4 South, Range 3 East, and all of
Section 6, Township 5 South, Range 3 East, except the SW 1/4 NW 1/4,
NW 1/4 SW 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4, and SE 1/4 SE 1/4, San
Bernardino Base and Meridian.
   (3) The land in the Sinkyone Wilderness State Park after the
exchanges of land provided for in Section 6 of the act amending this
section at the 1979-80 Regular Session of the Legislature, effective
upon approval of a general plan for the area by the State Park and
Recreation Commission, as required by Section 5002.45.
   (b) The following state school lands, currently under the
jurisdiction of the State Lands Commission, shall become components
of the system on January 1, 1977, unless exchanged with the federal
government for other lands pursuant to existing law prior to that
date:
   (1) Approximately 640 acres in Monterey County within the Ventana
Wilderness, consisting of Section 16, Township 19 South, Range 2
East, Mount Diablo Base and Meridian.
   (2) Approximately 40 acres in Monterey County within the Ventana
Wilderness, consisting of the NE 1/4 NE 1/4 of Section 36, Township
19 South, Range 3 East, Mount Diablo Base and Meridian.
   (3) Approximately 80 acres in Monterey County within the Ventana
Wilderness, consisting of the SE 1/4 NW 1/4 and the SW 1/4 NE 1/4 of
Section 36, Township 19 South, Range 2 East, Mount Diablo Base and
Meridian.
   (4) Approximately 40 acres in Santa Barbara County within the San
Rafael Wilderness, consisting of the SE 1/4 NW 1/4 of Section 16,
Township 7 North, Range 27 West, San Bernardino Base and Meridian.
   (5) Approximately 80 acres in Siskiyou County within the Marble
Mountain Wilderness, consisting of the E 1/2 and the NW 1/4 of
Section 16, Township 41 North, Range 12 West, Mount Diablo Base and
Meridian.
   (6) Approximately 640 acres in Tehama County within the Yolla
Bolla Middle Eel Wilderness, consisting of Section 36, Township 27
North, Range 10 West, Mount Diablo Base and Meridian.
   Nothing herein shall preclude the State Lands Commission from
effecting exchanges of any such land described in subdivision (b)
with the federal government on or after January 1, 1977, for the
purpose of including the exchanged land in the national wilderness
preservation system. Upon completion of any such exchange, any such
land described in subdivision (b) shall no longer be part of the
system.


5093.345.  (a) Limekiln State Wilderness, comprised of approximately
413 acres of Limekiln State Park as generally depicted on a map
entitled "Limekiln State Park Wilderness" dated August 29, 2008, and
filed with the Secretary of State and transmitted to the secretary,
is hereby designated as a component of the system. The department may
take measures to control fire, diseases, and insects as provided in
subdivision (c) of Section 5093.36.
   (b) Notwithstanding any other provision of this chapter, the
California Coastal Trail, as specified in Section 31408, may be
located, designed, constructed, or operated within the Limekiln State
Wilderness.



5093.35.  (a) The secretary, in cooperation with each department
within the Resources Agency, shall review state-owned roadless areas
under his or her jurisdiction as of January 1, 1975, including, but
not limited to, lands within the state park system, state forests,
and fish and game refuges, reserves, sanctuaries, and other areas
designated for the protection of wildlife, but not including tide and
submerged lands lying below the mean high tide line, and shall
report to the Legislature his or her recommendations as to the
suitability or nonsuitability of each area for preservation as state
wilderness.
   (b) The State Lands Commission shall review state-owned roadless
areas under its jurisdiction that have been identified as possessing
significant environmental values pursuant to Section 6370.2, and
shall report to the Legislature its recommendations as to the
suitability or nonsuitability of each area for preservation as
wilderness.
   (c) Additional reviews and reports as to suitability or
nonsuitability for preservation as wilderness shall be made by the
secretary and the State Lands Commission for the following areas:
   (1) State-owned roadless areas under their respective
jurisdictions and within or contiguous to federal wilderness areas
designated by the Congress after January 1, 1975, within one year
after the designation.
   (2) State-owned roadless areas under their respective
jurisdictions that are acquired after January 1, 1975, within three
years of the acquisition.
   (d) The secretary and the State Lands Commission, prior to
submitting recommendations with respect to the suitability of an area
for preservation as a wilderness area, shall:
   (1) Give public notice of the proposed action as deemed
appropriate, including publication in one or more newspapers of
general circulation in each county within which the affected area is
located, and mailed to every person who has filed a request for
notice of hearing. If the notice of hearing is published in a weekly
newspaper, it must appear therein on at least two different days of
publication, and, if in a newspaper published more often, there must
be at least five days from the first to the last day of publication,
both days included. The content of the notice of hearing shall
substantially comply with the requirements of Section 11346.5 of the
Government Code.
   (2) Hold a public hearing or hearings in the City of San Diego,
City of Los Angeles, City and County of San Francisco, or City of
Sacramento, whichever is closest to the area affected, not less than
30 days, nor more than 60 days, after the last date of publication of
the notice. The hearing shall be conducted in the manner specified
in Section 11346.8 of the Government Code.
   (3) Advise, at least 30 days before the date of a hearing, the
board of supervisors of each county where the lands are located, and
federal, state, and local agencies concerned, and invite those
officials and agencies to submit their views on the proposed action
at the hearing or within a specified period thereafter.
   (e) A view submitted under the provisions of subdivision (d) with
respect to an area shall be included with recommendations to the
Legislature with respect to that area.
   (f) A modification or adjustment of boundaries of a wilderness
area designated by the Legislature shall be recommended to the
Legislature by the secretary or the State Lands Commission after
public notice of the proposal and public hearing or hearings as
provided in subdivision (d).
   (g) Nothing contained in this section shall be construed to lessen
the present statutory authority of a state agency with respect to
the maintenance of roadless areas.
   (h) Privately owned areas within or contiguous to state-owned
areas shall not preclude the review of the state-owned areas as
provided in this section.



5093.36.  (a) Except as otherwise provided in this chapter, a state
agency with jurisdiction over an area designated as a wilderness area
shall be responsible for preserving the wilderness character of the
wilderness area and shall administer the area for the purposes for
which it has been established and to preserve its wilderness
character. Except as otherwise provided in this chapter, wilderness
areas shall be devoted to the public purposes of recreational,
scenic, scientific, educational, conservation, and historical use.
   (b) Except as specifically provided in this chapter, and subject
to private rights existing as of January 1, 1975, there shall be no
commercial enterprise and no permanent road within any wilderness
area. There shall be no temporary road, no use of motor vehicles,
motorized equipment, or motorboats, no landing or hovering of
aircraft, no flying of aircraft lower than 2,000 feet above the
ground, no other form of mechanical transport, and no structure or
installation within any wilderness area, except under either of the
following circumstances:
   (1) It is necessary in an emergency involving the health and
safety of persons within the wilderness area.
   (2) It is the minimum tool necessary to meet the minimum
management requirements.
   (c) The following special provisions are hereby made:
   (1) Within a wilderness area, measures may be taken as may be
necessary for the control of fire, insects, and diseases, subject to
conditions that the state agency with jurisdiction over the
wilderness area may deem desirable.
   (2) Nothing in this chapter shall prevent any activity by any
public agency within a wilderness area, including prospecting, for
the purpose of gathering information about mineral or other resources
that the state agency with jurisdiction over the wilderness area has
determined will be carried on in a manner compatible with the
preservation of the wilderness environment.
   (3) A state agency with jurisdiction over a wilderness area may
authorize the collection of hydrometeorological data and the conduct
of weather modification activities, including both atmospheric and
surface activities and environmental research, which are within,
over, or may affect wilderness areas and for those purposes may
permit access, installation, and use of equipment which is
specifically justified and unobtrusively located. Maximum practical
application of miniaturization, telemetry, and camouflage shall be
employed in conducting weather modification activities. In granting
permission for the conduct of data collection and weather
modification activities, the appropriate state agency may prescribe
operating and monitoring conditions that it deems necessary to
minimize or avoid long-term and intensive local impact on the
wilderness character of the wilderness areas affected.
   (4) Within a wilderness area, the grazing of livestock, where
established prior to January 1, 1975, may be permitted to be
continued by the present lessee or permittee subject to limitation by
the terms and regulations that are deemed necessary by the state
agency with jurisdiction over the wilderness areas.
   (5) This chapter does not apply to the aerial stocking of fish or
to the conduct of aerial surveys of wildlife species.
   (6) A state agency with jurisdiction over a wilderness area may
authorize measures that address environmental damage or degradation
affecting wilderness character and resources if those measures are
consistent with the minimum management requirements and only the
minimum tools are used.
   (7) Guidelines for the determination of the minimum management
requirements and the minimum tool shall be adopted by regulation.




5093.37.  (a) In any case where privately owned land is completely
surrounded by wilderness areas, the private owner may acquire from
the state a reasonable means of ingress and egress across wilderness
areas from highways and roads to such land and from such land to
highways and roads.
   (b) Application from such a private owner for ingress and egress
shall be made to the administering state agency. When application for
ingress and egress is received, the administering state agency shall
determine whether any reasonable access exists outside the
boundaries of the wilderness area or could be economically
constructed.
   (c) Where reasonable access does not exist or cannot be
economically constructed outside the boundaries of the wilderness
area, the administering state agency shall grant a permit for
right-of-way across the wilderness area over such route, and subject
to such conditions and construction and maintenance specifications,
as the administering state agency may determine will cause minimum
alteration to the physical features of the wilderness area and
minimum interference with the use of the wilderness area by the
public.
   (d) The permittee shall, at his own expense, construct and
maintain the means of ingress and egress in accordance with the terms
and conditions set forth in the permit, noncompliance with which in
any part shall be due cause for revocation of the permit.
   (e) The administering state agency may require a permittee to
allow the use of such means of ingress and egress by other applicants
whose lands are similarly situated. The administering state agency
shall grant a permit for such use under terms and conditions imposed
upon existing users, upon payment of a reasonable compensation for
construction and maintenance of the road, by the applicant to the
existing permittee.
   (f) Subject to the appropriation of funds by the Legislature, the
state agency or agencies having jurisdiction over such wilderness
areas may acquire privately owned land within the perimeter of any
area designated by this chapter as a wilderness area.
   (g) The state agency or agencies having jurisdiction over such
wilderness areas may accept gifts or bequests of land within or
contiguous to wilderness areas. Regulations with regard to any such
land may be in accordance with such agreements, consistent with the
policy of this chapter, as are made at the time of such gift, or such
conditions, consistent with such policy, as may be included in, and
accepted with, such bequest.



5093.38.  Nothing in this chapter shall affect the jurisdiction or
responsibility of the state with regard to fish and wildlife. Hunting
and fishing may be permitted on lands and waters administered as
parts of the system under applicable state or federal laws and
regulations.



5093.39.  The secretary shall, no later than December 1, 1975, and
on or before December 1st of each year thereafter, report to the
Governor and to the Legislature on the status of the system,
including a list and descriptions of the wilderness areas within the
system, guidelines and regulations in effect, and recommendations for
additions to the system.



5093.40.  If any provision of this chapter or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of the
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Prc > 5093.30-5093.40

PUBLIC RESOURCES CODE
SECTION 5093.30-5093.40



5093.30.  This chapter shall be known and may be cited as the
California Wilderness Act.



5093.31.  In order to assure that an increasing population,
accompanied by expanding settlement and growing mechanization, does
not occupy and modify all areas on state-owned lands within
California, leaving no areas designated for preservation and
protection in their natural condition, it is hereby declared to be
the policy of the State of California to secure for present and
future generations the benefits of an enduring resource of
wilderness.


5093.32.  As used in this chapter:
   (a) "Minimum management requirements" means the minimum wilderness
management actions that are necessary to administer a wilderness
area for the purpose of this chapter.
   (b) "Minimum tool" means the least intrusive tool, equipment,
device, regulation, action, or practice that will achieve the minimum
management requirements.
   (c) "Roadless area" means a reasonably compact area of undeveloped
land that possesses the general characteristics of a wilderness, as
described in subdivision (c) of Section 5093.33, and within which
there is no improved road that is suitable for public travel by
motorized vehicles intended primarily for highway use.
   (d) "Secretary" means the Secretary of the Resources Agency.
   (e) "System" means the California wilderness preservation system.
   (f) "Wilderness areas" means component areas of the system as
described in Section 5093.33, 5093.34, or 5093.345.



5093.33.  (a) There is hereby established a California wilderness
preservation system to be composed of state-owned areas designated by
the Legislature as "wilderness areas" and units of the state park
system classified as "state wildernesses" by the State Park and
Recreation Commission pursuant to Article 1.7 (commencing with
Section 5019.50) of Chapter 1, and these shall be administered for
the use and enjoyment of the people in such manner as will leave them
unimpaired for future use and enjoyment as wilderness, provide for
the protection of such areas, preserve their wilderness character,
and provide for the gathering and dissemination of information
regarding their use and enjoyment as wilderness. No state-owned areas
shall be designated as "wilderness areas" except as provided for in
this chapter or by subsequent legislative enactment.
   (b) Notwithstanding the inclusion of an area within the system, a
wilderness area shall continue to be subject to the jurisdiction of
the state agency or agencies having jurisdiction thereover
immediately prior to its inclusion in the system. The secretary shall
adopt guidelines for the management of wilderness areas. Each state
agency or agencies having jurisdiction over a wilderness area shall
adopt regulations for the management of such areas consistent with
the guidelines adopted by the secretary and the objectives of this
chapter. Such regulations shall include provisions to protect
endangered or rare native plant and animal species.
   (c) A wilderness area, in contrast to those areas where man and
his own works dominate the landscape, is hereby recognized as an area
where the earth and its community of life are untrammeled by man,
where man himself is a visitor who does not remain. A wilderness area
is further defined to mean an area of relatively undeveloped
state-owned land which has retained its primeval character and
influence or has been substantially restored to a near natural
appearance, without permanent improvements or human habitation, other
than semi-improved campgrounds and primitive latrines, and which is
protected and managed so as to preserve its natural conditions and
which:
   (1) Appears generally to have been affected primarily by the
forces of nature, with the imprint of man's work substantially
unnoticeable.
   (2) Has outstanding opportunities for solitude or a primitive and
unconfined type of recreation.
   (3) Has at least 5,000 acres of land, either by itself or in
combination with contiguous areas possessing wilderness
characteristics, or is of sufficient size as to make practicable its
preservation and use in an unimpaired condition.
   (4) May also contain ecological, geological, or other features of
scientific, educational, scenic, or historical value.



5093.34.  (a) The following areas are hereby designated as
components of the system:
   (1) Santa Rosa Mountains State Wilderness, consisting of that
portion of Anza-Borrego Desert State Park in San Diego County within
the area encompassed by Townships 9 and 10 South and Ranges 4, 5, 6,
7, and 8 East, San Bernardino Base and Meridian, except that the
State Park and Recreation Commission shall establish the precise
boundary.
   (2) Mount San Jacinto State Wilderness in Mount San Jacinto State
Park in Riverside County consisting of approximately 9,800 acres and
including all of Sections 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27,
28, 29, 30, and 31, Township 4 South, Range 3 East, and all of
Section 6, Township 5 South, Range 3 East, except the SW 1/4 NW 1/4,
NW 1/4 SW 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4, and SE 1/4 SE 1/4, San
Bernardino Base and Meridian.
   (3) The land in the Sinkyone Wilderness State Park after the
exchanges of land provided for in Section 6 of the act amending this
section at the 1979-80 Regular Session of the Legislature, effective
upon approval of a general plan for the area by the State Park and
Recreation Commission, as required by Section 5002.45.
   (b) The following state school lands, currently under the
jurisdiction of the State Lands Commission, shall become components
of the system on January 1, 1977, unless exchanged with the federal
government for other lands pursuant to existing law prior to that
date:
   (1) Approximately 640 acres in Monterey County within the Ventana
Wilderness, consisting of Section 16, Township 19 South, Range 2
East, Mount Diablo Base and Meridian.
   (2) Approximately 40 acres in Monterey County within the Ventana
Wilderness, consisting of the NE 1/4 NE 1/4 of Section 36, Township
19 South, Range 3 East, Mount Diablo Base and Meridian.
   (3) Approximately 80 acres in Monterey County within the Ventana
Wilderness, consisting of the SE 1/4 NW 1/4 and the SW 1/4 NE 1/4 of
Section 36, Township 19 South, Range 2 East, Mount Diablo Base and
Meridian.
   (4) Approximately 40 acres in Santa Barbara County within the San
Rafael Wilderness, consisting of the SE 1/4 NW 1/4 of Section 16,
Township 7 North, Range 27 West, San Bernardino Base and Meridian.
   (5) Approximately 80 acres in Siskiyou County within the Marble
Mountain Wilderness, consisting of the E 1/2 and the NW 1/4 of
Section 16, Township 41 North, Range 12 West, Mount Diablo Base and
Meridian.
   (6) Approximately 640 acres in Tehama County within the Yolla
Bolla Middle Eel Wilderness, consisting of Section 36, Township 27
North, Range 10 West, Mount Diablo Base and Meridian.
   Nothing herein shall preclude the State Lands Commission from
effecting exchanges of any such land described in subdivision (b)
with the federal government on or after January 1, 1977, for the
purpose of including the exchanged land in the national wilderness
preservation system. Upon completion of any such exchange, any such
land described in subdivision (b) shall no longer be part of the
system.


5093.345.  (a) Limekiln State Wilderness, comprised of approximately
413 acres of Limekiln State Park as generally depicted on a map
entitled "Limekiln State Park Wilderness" dated August 29, 2008, and
filed with the Secretary of State and transmitted to the secretary,
is hereby designated as a component of the system. The department may
take measures to control fire, diseases, and insects as provided in
subdivision (c) of Section 5093.36.
   (b) Notwithstanding any other provision of this chapter, the
California Coastal Trail, as specified in Section 31408, may be
located, designed, constructed, or operated within the Limekiln State
Wilderness.



5093.35.  (a) The secretary, in cooperation with each department
within the Resources Agency, shall review state-owned roadless areas
under his or her jurisdiction as of January 1, 1975, including, but
not limited to, lands within the state park system, state forests,
and fish and game refuges, reserves, sanctuaries, and other areas
designated for the protection of wildlife, but not including tide and
submerged lands lying below the mean high tide line, and shall
report to the Legislature his or her recommendations as to the
suitability or nonsuitability of each area for preservation as state
wilderness.
   (b) The State Lands Commission shall review state-owned roadless
areas under its jurisdiction that have been identified as possessing
significant environmental values pursuant to Section 6370.2, and
shall report to the Legislature its recommendations as to the
suitability or nonsuitability of each area for preservation as
wilderness.
   (c) Additional reviews and reports as to suitability or
nonsuitability for preservation as wilderness shall be made by the
secretary and the State Lands Commission for the following areas:
   (1) State-owned roadless areas under their respective
jurisdictions and within or contiguous to federal wilderness areas
designated by the Congress after January 1, 1975, within one year
after the designation.
   (2) State-owned roadless areas under their respective
jurisdictions that are acquired after January 1, 1975, within three
years of the acquisition.
   (d) The secretary and the State Lands Commission, prior to
submitting recommendations with respect to the suitability of an area
for preservation as a wilderness area, shall:
   (1) Give public notice of the proposed action as deemed
appropriate, including publication in one or more newspapers of
general circulation in each county within which the affected area is
located, and mailed to every person who has filed a request for
notice of hearing. If the notice of hearing is published in a weekly
newspaper, it must appear therein on at least two different days of
publication, and, if in a newspaper published more often, there must
be at least five days from the first to the last day of publication,
both days included. The content of the notice of hearing shall
substantially comply with the requirements of Section 11346.5 of the
Government Code.
   (2) Hold a public hearing or hearings in the City of San Diego,
City of Los Angeles, City and County of San Francisco, or City of
Sacramento, whichever is closest to the area affected, not less than
30 days, nor more than 60 days, after the last date of publication of
the notice. The hearing shall be conducted in the manner specified
in Section 11346.8 of the Government Code.
   (3) Advise, at least 30 days before the date of a hearing, the
board of supervisors of each county where the lands are located, and
federal, state, and local agencies concerned, and invite those
officials and agencies to submit their views on the proposed action
at the hearing or within a specified period thereafter.
   (e) A view submitted under the provisions of subdivision (d) with
respect to an area shall be included with recommendations to the
Legislature with respect to that area.
   (f) A modification or adjustment of boundaries of a wilderness
area designated by the Legislature shall be recommended to the
Legislature by the secretary or the State Lands Commission after
public notice of the proposal and public hearing or hearings as
provided in subdivision (d).
   (g) Nothing contained in this section shall be construed to lessen
the present statutory authority of a state agency with respect to
the maintenance of roadless areas.
   (h) Privately owned areas within or contiguous to state-owned
areas shall not preclude the review of the state-owned areas as
provided in this section.



5093.36.  (a) Except as otherwise provided in this chapter, a state
agency with jurisdiction over an area designated as a wilderness area
shall be responsible for preserving the wilderness character of the
wilderness area and shall administer the area for the purposes for
which it has been established and to preserve its wilderness
character. Except as otherwise provided in this chapter, wilderness
areas shall be devoted to the public purposes of recreational,
scenic, scientific, educational, conservation, and historical use.
   (b) Except as specifically provided in this chapter, and subject
to private rights existing as of January 1, 1975, there shall be no
commercial enterprise and no permanent road within any wilderness
area. There shall be no temporary road, no use of motor vehicles,
motorized equipment, or motorboats, no landing or hovering of
aircraft, no flying of aircraft lower than 2,000 feet above the
ground, no other form of mechanical transport, and no structure or
installation within any wilderness area, except under either of the
following circumstances:
   (1) It is necessary in an emergency involving the health and
safety of persons within the wilderness area.
   (2) It is the minimum tool necessary to meet the minimum
management requirements.
   (c) The following special provisions are hereby made:
   (1) Within a wilderness area, measures may be taken as may be
necessary for the control of fire, insects, and diseases, subject to
conditions that the state agency with jurisdiction over the
wilderness area may deem desirable.
   (2) Nothing in this chapter shall prevent any activity by any
public agency within a wilderness area, including prospecting, for
the purpose of gathering information about mineral or other resources
that the state agency with jurisdiction over the wilderness area has
determined will be carried on in a manner compatible with the
preservation of the wilderness environment.
   (3) A state agency with jurisdiction over a wilderness area may
authorize the collection of hydrometeorological data and the conduct
of weather modification activities, including both atmospheric and
surface activities and environmental research, which are within,
over, or may affect wilderness areas and for those purposes may
permit access, installation, and use of equipment which is
specifically justified and unobtrusively located. Maximum practical
application of miniaturization, telemetry, and camouflage shall be
employed in conducting weather modification activities. In granting
permission for the conduct of data collection and weather
modification activities, the appropriate state agency may prescribe
operating and monitoring conditions that it deems necessary to
minimize or avoid long-term and intensive local impact on the
wilderness character of the wilderness areas affected.
   (4) Within a wilderness area, the grazing of livestock, where
established prior to January 1, 1975, may be permitted to be
continued by the present lessee or permittee subject to limitation by
the terms and regulations that are deemed necessary by the state
agency with jurisdiction over the wilderness areas.
   (5) This chapter does not apply to the aerial stocking of fish or
to the conduct of aerial surveys of wildlife species.
   (6) A state agency with jurisdiction over a wilderness area may
authorize measures that address environmental damage or degradation
affecting wilderness character and resources if those measures are
consistent with the minimum management requirements and only the
minimum tools are used.
   (7) Guidelines for the determination of the minimum management
requirements and the minimum tool shall be adopted by regulation.




5093.37.  (a) In any case where privately owned land is completely
surrounded by wilderness areas, the private owner may acquire from
the state a reasonable means of ingress and egress across wilderness
areas from highways and roads to such land and from such land to
highways and roads.
   (b) Application from such a private owner for ingress and egress
shall be made to the administering state agency. When application for
ingress and egress is received, the administering state agency shall
determine whether any reasonable access exists outside the
boundaries of the wilderness area or could be economically
constructed.
   (c) Where reasonable access does not exist or cannot be
economically constructed outside the boundaries of the wilderness
area, the administering state agency shall grant a permit for
right-of-way across the wilderness area over such route, and subject
to such conditions and construction and maintenance specifications,
as the administering state agency may determine will cause minimum
alteration to the physical features of the wilderness area and
minimum interference with the use of the wilderness area by the
public.
   (d) The permittee shall, at his own expense, construct and
maintain the means of ingress and egress in accordance with the terms
and conditions set forth in the permit, noncompliance with which in
any part shall be due cause for revocation of the permit.
   (e) The administering state agency may require a permittee to
allow the use of such means of ingress and egress by other applicants
whose lands are similarly situated. The administering state agency
shall grant a permit for such use under terms and conditions imposed
upon existing users, upon payment of a reasonable compensation for
construction and maintenance of the road, by the applicant to the
existing permittee.
   (f) Subject to the appropriation of funds by the Legislature, the
state agency or agencies having jurisdiction over such wilderness
areas may acquire privately owned land within the perimeter of any
area designated by this chapter as a wilderness area.
   (g) The state agency or agencies having jurisdiction over such
wilderness areas may accept gifts or bequests of land within or
contiguous to wilderness areas. Regulations with regard to any such
land may be in accordance with such agreements, consistent with the
policy of this chapter, as are made at the time of such gift, or such
conditions, consistent with such policy, as may be included in, and
accepted with, such bequest.



5093.38.  Nothing in this chapter shall affect the jurisdiction or
responsibility of the state with regard to fish and wildlife. Hunting
and fishing may be permitted on lands and waters administered as
parts of the system under applicable state or federal laws and
regulations.



5093.39.  The secretary shall, no later than December 1, 1975, and
on or before December 1st of each year thereafter, report to the
Governor and to the Legislature on the status of the system,
including a list and descriptions of the wilderness areas within the
system, guidelines and regulations in effect, and recommendations for
additions to the system.



5093.40.  If any provision of this chapter or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of the
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.


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