Amended by Stats. 1967, Ch. 1371.
This chapter shall be known as the California Land Conservation Act of 1965 or as the Williamson Act.
Article 1 - General Provisions
California Government Code — §§ 51200-51207
Sections (6)
Amended by Stats. 2019, Ch. 273, Sec. 1. (SB 527) Effective January 1, 2020.
As used in this chapter, unless otherwise apparent from the context, the following terms have the following meanings:
(a)“Agricultural commodity” means any and all plant and animal products produced in this state for commercial purposes, including, but not limited to, plant products used for producing biofuels, and industrial hemp cultivated in accordance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code.
(b)“Agricultural use” means use of land, including but not limited to greenhouses, for the purpose of producing an agricultural commodity for commercial purposes.
(c)“Prime
agricultural land” means any of the following:
(1)All land that qualifies for rating as class I or class II in the Natural Resource Conservation Service land use capability classifications.
(2)Land which qualifies for rating 80 through 100 in the Storie Index Rating.
(3)Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture.
(4)Land planted with fruit- or nut-bearing trees, vines, bushes, or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural
plant production not less than two hundred dollars ($200) per acre.
(5)Land which has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars ($200) per acre for three of the previous five years.
(d)“Agricultural preserve” means an area devoted to either agricultural use, as defined in subdivision (b), recreational use as defined in subdivision (n), or open-space use as defined in subdivision (o), or any combination of those uses and which is established in accordance with the provisions of this chapter.
(e)“Compatible use” is any use determined by the county or city administering the preserve pursuant to Section 51231, 51238, or 51238.1 or by this act to be compatible with the agricultural, recreational, or open-space use of land within
the preserve and subject to contract. “Compatible use” includes agricultural use, recreational use or open-space use unless the board or council finds after notice and hearing that the use is not compatible with the agricultural, recreational or open-space use to which the land is restricted by contract pursuant to this chapter.
(f)“Board” means the board of supervisors of a county which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter.
(g)“Council” means the city council of a city which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter.
(h)Except where it
is otherwise apparent from the context, “county” or “city” means the county or city having jurisdiction over the land.
(i)A “scenic highway corridor” is an area adjacent to, and within view of, the right-of-way of:
(1)An existing or proposed state scenic highway in the state scenic highway system established by the Legislature pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code and which has been officially designated by the Department of Transportation as an official state scenic highway; or
(2)A county scenic highway established pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code, if each of the following conditions have been met:
(A)The scenic highway is included in an adopted general plan of the county or city; and
(B)The scenic highway corridor is included in an adopted specific plan of the county or city; and
(C)Specific proposals for implementing the plan, including regulation of land use, have been approved by the Advisory Committee on a Master Plan for Scenic Highways, and the county or city highway has been officially designated by the Department of Transportation as an official county scenic highway.
(j)A “wildlife habitat area” is a land or water area designated by a board or council, after consulting with and considering the recommendation of the Department of Fish and Game, as an area of importance for the protection or enhancement of the wildlife resources of the state.
(k)A “saltpond” is an area which, for at least three consecutive years immediately prior to being placed within an agricultural preserve pursuant to this chapter, has been used for the solar evaporation of seawater in the course of salt production for commercial purposes.
(l)A “managed wetland area” is an area, which may be an area diked off from the ocean or any bay, river or stream to which water is occasionally admitted, and which, for at least three consecutive years immediately prior to being placed within an agricultural preserve pursuant to this chapter, was used and maintained as a waterfowl hunting preserve or game refuge or for agricultural purposes.
(m)A “submerged area” is any land determined by the board or council to be submerged or subject to tidal action and found by the board or council to be of great
value to the state as open space.
(n)“Recreational use” is the use of land in its agricultural or natural state by the public, with or without charge, for any of the following: walking, hiking, picnicking, camping, swimming, boating, fishing, hunting, or other outdoor games or sports for which facilities are provided for public participation. Any fee charged for the recreational use of land as defined in this subdivision shall be in a reasonable amount and shall not have the effect of unduly limiting its use by the public. Any ancillary structures necessary for a recreational use shall comply with the provisions of Section 51238.1.
(o)“Open-space use” is the use or maintenance of land in a manner that preserves its natural characteristics, beauty, or openness for the benefit and enjoyment of the public, to provide habitat for wildlife, or for the solar evaporation of seawater in
the course of salt production for commercial purposes, if the land is within:
(1)A scenic highway corridor, as defined in subdivision (i).
(2)A wildlife habitat area, as defined in subdivision (j).
(3)A saltpond, as defined in subdivision (k).
(4)A managed wetland area, as defined in subdivision (l).
(5)A submerged area, as defined in subdivision (m).
(6)An area enrolled in the United States Department of Agriculture Conservation Reserve Program or Conservation Reserve Enhancement Program.
(p)“Development” means, as used in Section 51223, the construction
of buildings or the use of the restricted property if the buildings or use are unrelated to the agricultural use, the open-space use, or uses compatible with either agricultural or open-space uses of the property, or substantially impair the agricultural, open-space, or a combination of the agricultural and open-space uses of the property. Agricultural use, open-space use, uses compatible with either agricultural or open-space uses, or the acquisition of land or an interest in land are not development.
Amended by Stats. 1970, Ch. 1281.
Notwithstanding any provisions of this chapter to the contrary, land devoted to recreational use or land within a scenic highway corridor, a wildlife habitat area, a saltpond, a managed wetland area, or a submerged area may be included within an agricultural preserve pursuant to this chapter. When such land is included within an agricultural preserve, the city or county within which it is situated may contract with the owner for the purpose of restricting the land to recreational or open space use and uses compatible therewith in the same manner as provided in this chapter for land devoted to agricultural use. For purposes of this section, where the term “agricultural land” is used in this chapter, it shall be deemed to include land devoted to recreational use and land within a scenic highway corridor, a wildlife habitat area, a saltpond, a managed wetland area, or a submerged area, and where the term “agricultural use” is used in this chapter, it shall be deemed to include recreational and open space use.
Added by Stats. 1978, Ch. 1120.
Notwithstanding any provisions of this chapter to the contrary, land within a scenic highway corridor, as defined in subdivision (i) of Section 51201, shall, upon the request of the owner, be included in an agricultural preserve pursuant to this chapter. When such land is included within an agricultural preserve, the city or county within which it is situated shall contract with the owner for the purpose of restricting the land to agricultural use as defined in subdivision (b), recreational use as defined in subdivision (n), open-space use as defined in subdivision (o), compatible use as defined in subdivision (e), or any combination of such uses.
Added by Stats. 1986, Ch. 607, Sec. 1.
The Department of Conservation may meet with and assist local, regional, state, and federal agencies, organizations, landowners, or any other person or entity in the interpretation of this chapter. The department may research, publish, and disseminate information regarding the policies, purposes, procedures, administration, and implementation of this chapter. This section shall be liberally construed to permit the department to advise any interested person or entity regarding this chapter.
Amended by Stats. 2021, Ch. 644, Sec. 2. (SB 574) Effective January 1, 2022.
(a)On or before May 1 of every other year, the Department of Conservation shall post on its internet website the following information:
(b)The information shall contain the number of acres of land under contract and the number of acres of land which were removed from contract through cancellation, eminent domain, or annexation.
(c)The information shall also contain the following specific information relating to cities and counties participating in the Williamson Act program:
(1)The number of
tentative certificates of cancellation that were mailed to the Director of Conservation pursuant to Section 51284 which were approved by boards or councils during the prior two years or for which final certificates of cancellation are pending approval by boards or councils.
(2)The amount of cancellation fees payable to the county treasurer and which are required to be transmitted to the Controller pursuant to subdivision (d) of Section 51283 which have not been collected or which remain unpaid.
(3)The total number of acres covered by certificates of cancellation of contracts during the previous two years.