(a) The department shall, to the maximum extent practicable, prioritize the review of, and decision to approve, an agreement if the property proposed to be enrolled in the agreement is encumbered by a conservation easement that requires a permanent commitment to protect, restore, and maintain habitat conditions, provided that the department finds that practices consistent with the conservation easement can reasonably be expected to provide a net conservation benefit to the species listed in the application.

(b) If the property proposed to be enrolled in an agreement is subject to a conservation easement, the department, to the maximum extent practicable, shall rely on the conservation easement to fulfill the requirements of Section 2089.8.

Terms Used In California Fish and Game Code 2089.5

  • Agreement: includes an agreement with an individual landowner and a programmatic agreement. See California Fish and Game Code 2089.4
  • Department: means the Department of Fish and Wildlife, acting through its director or his or her designee. See California Fish and Game Code 2089.4
  • Net conservation benefit: means the cumulative benefits of the management activities identified in the agreement that provide for an increase in a species' population or the enhancement, restoration, or maintenance of covered species' suitable habitats within the enrolled property. See California Fish and Game Code 2089.4

(c) This section only applies to agreements where a majority of the property is forestland.

(Added by Stats. 2018, Ch. 329, Sec. 17. (SB 473) Effective January 1, 2019.)

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