Article 1 - State Park System

California Public Resources Code — §§ 5001-5019.5

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Sections (126)

Amended by Stats. 2015, Ch. 573, Sec. 4. (SB 204) Effective January 1, 2016.

(a)The Legislature finds and declares all of the following:

(1)California’s state parks are a true reflection of our state’s collective history, natural and cultural heritage, and ideals. The state parks can be models of healthy, natural, and sustainable ecosystems and they can also commemorate important cultural traditions or historic events.

To remain relevant now and into the future, state parks must protect California’s heritage and be welcoming in order that visitors may understand and appreciate these special places that have been set aside for their inspiration and enjoyment.

(2)The state parks and other nature, recreation, and historic areas deserve to be preserved and managed for the benefit and inspiration of all state residents and visitors to the state parks. It is the intent of the Legislature to clarify the priorities and responsibilities of state agencies with respect to the management and administration of the state park system.

(3)Individual units of the state park system derive increased importance and recognition through their inclusion in a unified state park system that is preserved and managed for the benefit and inspiration of all Californians and visitors to the state.

(b)The Department of Parks and Recreation has control of the state park system.

§ 5001.1

Added by Stats. 1965, Ch. 1144.

As used in this division, “department” means the Department of Parks and Recreation and “director” means the Director of Parks and Recreation.

§ 5001.2

Added by Stats. 2015, Ch. 573, Sec. 5. (SB 204) Effective January 1, 2016.

The director shall promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and wildlife in the individual units of the system for the enjoyment of future generations.

§ 5001.3

Added by Stats. 2019, Ch. 276, Sec. 2. (AB 467) Effective January 1, 2020.

(a)As used in this section:

(1)“Event” means a competition event that uses lands or facilities under the jurisdiction of the department.

(2)“Prize compensation” includes prize or purse money, other prizes, goods, or other compensation.

(b)The department, for any event that awards prize compensation to competitors in gendered categories, shall require as a condition of a

special event permit that, for any participant level that receives prize compensation, the prize compensation for each gendered category be identical at each participant level. The department shall not approve a special event permit for an event that does not comply with this condition.

§ 5001.4

Amended by Stats. 2003, Ch. 610, Sec. 15. Effective January 1, 2004.

The department may manage state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, state marine recreational management areas and, if requested by the State Water Resources Control Board, state water quality protection areas. Department authority over units within the state park system shall extend to units of the state MMAs system that are managed by the department.

§ 5001.5

Amended by Stats. 2004, Ch. 908, Sec. 1. Effective January 1, 2005.

Whenever any reference is made to the state park system with respect to a duty, power, purpose, responsibility, or jurisdiction that can be exercised or carried out within the state vehicular recreation areas, it shall be deemed to be also a reference to, and to mean, the state vehicular recreation areas.

§ 5001.6

Amended by Stats. 2002, Ch. 953, Sec. 3. Effective January 1, 2003.

(a)Notwithstanding Section 5001.95, units of the state park system may be located within, and be a part of, a state seashore. However, the unit shall be managed in accordance with its classification as provided in Section 5019.62.

(b)The following state seashores are hereby established consisting of appropriate coastal lands described in this subdivision together with any other lands that may, from time to time, be acquired by the state as an addition to these state

seashores:

(1)Del Norte State Seashore, consisting of lands lying between Pyramid Point and Point Saint George, particularly lands to assure public access to, and scenic protection of, Pyramid Point; beach and dune lands, water-bottom and shoreline lands at Lake Earl, including Lake Talawa, all within Del Norte County.

(2)Clem Miller State Seashore, consisting of lands extending from the mouth of the Eel River to Pudding Creek at Fort Bragg, and including lands at Bear Harbor, Usal Creek, Cottoneva Creek, shore and upland additions to Westport-Union Landing State Beach, DeHaven Creek uplands, Ten Mile River estuary, and MacKerricher State Park, all within Humboldt and Mendocino Counties.

(3)Mendocino Coast State Seashore, consisting of lands extending from Jughandle Creek to the Gualala River, and including the

Pygmy Forest Ecological Staircase, Russian Gulch State Park, Mendocino Headlands State Park, Van Damme State Park, Greenwood Creek Beach, Bowling Ball Beach and the Gualala River shoreline and estuary, all within Mendocino County.

(4)Sonoma Coast State Seashore, consisting of lands extending from the Gualala River to Bodega Head, and including the Kruse Rhododendron State Reserve, Salt Point State Park, Fort Ross State Historic Park, and Sonoma Coast State Beach, all within Sonoma County.

(5)Año Nuevo State Seashore, consisting of lands extending from Pillar Point to the City of Santa Cruz, and including the San Mateo Coast State Beaches, Año Nuevo State Reserve, Big Basin Redwoods State Park, and Natural Bridges State Beach, all within San Mateo and Santa Cruz Counties.

(6)(A) Monterey Bay

State Seashore, consisting of lands extending from Natural Bridges State Beach south to Point Joe, including Lighthouse Fields, Twin Lakes, New Brighton State Beach, Seacliff, Manresa, Sunset, Zmudowski, Moss Landing, Salinas River, Marina, Monterey, and Asilomar, all within Santa Cruz and Monterey Counties.

(B)The department may establish a recreational trail system within the boundaries of the Monterey Bay State Seashore that is to be dedicated as the Sam Farr Recreational Trail System.

(7)San Luis Obispo State Seashore, consisting of lands extending from Cayucos to Lion’s Head and including Cayucos State Beach, Morro Strand State Beach, Atascadero State Beach, Morro Bay State Park, Montana de Oro State Park, Avila State Beach, Pismo State Beach, Pismo Dunes State Vehicular Recreation Area and Point Sal State Beach, all within San Luis Obispo and Santa Barbara Counties.

(8)Santa Barbara Coast State Seashore, consisting of lands extending from Gaviota to Las Llagas Canyon, and including Gaviota State Park, Refugio State Beach, and El Capitan State Beach, all within Santa Barbara County.

(9)Point Mugu State Seashore, consisting of lands extending from Ormond Beach to San Nicholas Canyon, and including Mugu Lagoon, Point Mugu State Park, and Leo Carrillo State Beach, all within Ventura and Los Angeles Counties.

(10)Capistrano Coast State Seashore, consisting of lands extending from Newport Beach to San Mateo Point, and including Corona Del Mar State Beach, Irvine Coast, Doheny State Beach, and San Clemente State Beach, all within Orange County.

(11)(A) San Diego Coast State Seashore, consisting of

lands extending from San Onofre State Beach to La Jolla, and including San Onofre State Beach, Carlsbad State Beach, Robert C. Frazee State Beach, South Carlsbad State Beach, Leucadia State Beach, Moonlight State Beach, San Elijo State Beach, Cardiff State Beach, Torrey Pines State Beach, and Torrey Pines State Reserve, all within San Diego County.

(B)That section of Carlsbad State Beach within the San Diego Coast State Seashore that is located north of Agua-Hedionda Lagoon is hereby renamed Robert C. Frazee State Beach.

(c)The department shall determine the precise boundaries of each state seashore, may revise those boundaries from time to time, and shall identify additional lands appropriate for inclusion in state seashores.

(d)Section 5019.62 does not apply to lands lying within the boundaries of state

seashores established pursuant to this section until those lands have been acquired by the state and designated as state park system lands that are a part of a state seashore.

§ 5001.65

Amended by Stats. 2019, Ch. 477, Sec. 1. (SB 442) Effective January 1, 2020.

(a)Commercial exploitation of resources in units of the state park system is prohibited, except all of the following is permissible:

(1)Slant or directional drilling for oil or gas with the intent of extracting deposits underlying the Tule Elk State Reserve in Kern County in accordance with Section 6854.

(2)Commercial fishing, unless otherwise restricted, in state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas.

(3)(A) The commercialization of investigation results, provided that commercialization is consistent with the requirements of Section 5001.67.

(B)For purposes of this paragraph, “investigation results” means the results of scientific research, scientific investigation, or the progeny of biological samples collected pursuant to subdivision (a) of Section 5001.67.

(b)The taking of mineral specimens for recreational purposes from state beaches, state recreation areas, or state vehicular recreation areas is permitted upon receiving prior approval of the

director.

§ 5001.67

Added by Stats. 2019, Ch. 477, Sec. 2. (SB 442) Effective January 1, 2020.

(a)Qualified institutions and individuals shall be encouraged to conduct nondestructive forms of scientific investigation within state park system units, upon receiving prior approval from the director.

(b)An applicant may commercialize

particular investigation results only if the applicant has completed both of the following:

(1)Published or otherwise placed into the public domain the investigation results.

(2)(A) Entered into a benefits sharing agreement issued pursuant to this paragraph.

(B)A benefits sharing agreement shall be limited to the particular investigation results and the specific commercial

application identified in paragraph (1) of subdivision (c).

(C)A benefits sharing agreement shall describe the department’s

equitable compensable interest in the commercial application of the particular investigation results. Among other considerations, this may include monetary and nonmonetary benefits provided to the department resulting from the commercial application identified in paragraph (1) of subdivision (c).

(D)A benefits sharing agreement shall not be approved solely for its revenue-producing potential.

(c)The director, in the director’s discretion, may enter into a benefits sharing agreement with an applicant for purposes of subdivision (b) if the applicant has taken the following actions:

(1)Identified the commercial application and the particular investigation results to be used in the commercial application.

(2)Described how the commercial application identified pursuant to paragraph (1) will provide a compelling public benefit to the state, particularly benefits that advance resource protection and management.

(3)Demonstrated that no further collection of specimens or disturbance of state park system resources will be required for the

commercial application identified pursuant to paragraph (1).

(4)Agreed to any other required terms and conditions of the department and paid any required application and administrative fees to the department.

(d)The department may set and collect application fees for permits and applications pursuant to this section and Section 5001.65 in amounts not to exceed the reasonable costs of the department.

(e)The department shall deposit fees collected pursuant to subdivision (d), the proceeds collected from a benefits sharing agreement entered into pursuant to this section, and moneys paid pursuant to subdivision (h), into the State Parks and Recreation Fund, to be available to the department, upon appropriation

by the Legislature, for the

management and restoration of natural resources of the state park system and administration of this section. It is the intent of the Legislature that any moneys deposited in the State Parks and Recreation Fund pursuant to this section are in addition to and do not supplant or replace any existing state funding for the operation and maintenance of the state park system.

(f)The department shall post, and update annually, information regarding approved commercialization applications, including the

applicant’s name, the park unit affected, a brief description of the project permitted, and a summary of the benefits sharing agreement, on its internet website.

(g)Nothing in this section relieves any applicant from compliance with state and federal laws and regulations, including permit requirements.

(h)In addition to all other remedies in law or equity that the department may have, any person or entity that commercializes or seeks to commercialize

investigation results obtained within the state park system without a director-approved benefits sharing agreement shall be required to pay 75 percent of gross revenue from the commercialization of the investigation results to the department.

(i)For purposes of this section, “investigation results” means the results of scientific research, scientific investigation, or the progeny of biological samples collected pursuant to subdivision (a).

§ 5001.7

Amended by Stats. 1978, Ch. 615.

The landing of aircraft in units of the state park system is subject to the following limitations:

(a)Airport facilities and services may be allowed in a unit of the state park system, other than a state wilderness, state reserve, natural preserve, or cultural preserve, if the department determines that it is desirable to expand visitor use of the unit and that the location of such facilities and services is compatible with the management of the unit in relation to its primary usage.

(b)Airport facilities and services shall be excluded from

state wilderness, state reserves, natural preserves, and cultural preserves, and shall be excluded from any other unit of the state park system where the department determines that the primary resource value of the unit would be impaired by such facilities and services or that a landing strip or flight patterns would not be compatible with the recreation experience of other visitors.

§ 5001.8

Amended by Stats. 2004, Ch. 908, Sec. 2. Effective January 1, 2005.

(a)The use of motor vehicles in units of the state park system is subject to the following limitations:

(1)In state wildernesses, natural preserves, and cultural preserves, use is prohibited.

(2)In state parks, state reserves, state beaches, wayside campgrounds, and historical units, use is confined to paved areas and other areas specifically designated and maintained for normal ingress, egress, and parking.

(3)In state recreation areas, use is confined to specifically designated and maintained roads and trails.

(b)The use of motor vehicles on lands in the state vehicular recreation areas is confined to areas and routes designated for that purpose.

§ 5001.9

Amended by Stats. 1980, Ch. 781, Sec. 1.

(a)Any improvement existing within the state park system as of January 1, 1979, which fails to comply with the provisions of former Section 5001.5 as they read immediately prior to January 1, 1979, or Article 1.7 (commencing with Section 5019.50) of this chapter shall not be expanded.

(b)No new facility may be developed in any unit of the state park system unless it is compatible with the classification of the unit.

§ 5001.95

Amended by Stats. 1978, Ch. 615.

No state park system unit, other than a state wilderness, a natural preserve, or a cultural preserve, shall be located within the boundaries of another state park system unit.

§ 5001.96

Added by Stats. 1971, Ch. 1722.

Attendance at state park system units shall be held within limits established by carrying capacity determined in accordance with Section 5019.5.

§ 5002

Amended by Stats. 1947, Ch. 1054.

All parks, public camp grounds, monument sites, landmark sites, and sites of historical interest established or acquired by the State, or which are under its control, constitute the State Park System except the sites and grounds known as the State Fair Grounds in the City of Sacramento, and Balboa Park in the City of San Diego.

§ 5002.1

Amended by Stats. 1978, Ch. 615.

Prior to the classification or reclassification of a unit of the state park system into any of the categories specified in Article 1.7 (commencing with Section 5019.50) of this chapter, the department shall prepare an inventory of the unit’s scenic, natural, and cultural features, including, but not limited to, ecological, archaeological, historical, and geological features. The inventory shall be submitted by the department to the State Park and Recreation Commission for its consideration when classifying or reclassifying a unit.

§ 5002.2

Amended by Stats. 2016, Ch. 201, Sec. 10. (AB 2549) Effective January 1, 2017.

(a)(1) Following classification or reclassification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any previously classified unit, the department shall prepare a general plan or revise any existing plan for the unit.

(2)The general plan shall consist of elements that will evaluate and define the proposed land uses, facilities, concessions, operation of the unit, any environmental impacts, and the management of resources, and shall serve as a guide for the future development, management, and operation of the unit.

(3)The general plan constitutes a report on a project for the

purposes of Section 21100. The general plan for a unit shall be submitted by the department to the State Park and Recreation Commission for approval.

(b)The resource element of the general plan shall evaluate the unit as a constituent of an ecological region and as a distinct ecological entity, based upon historical and ecological research of plant-animal and soil-geological relationships and shall contain a declaration of purpose, setting forth specific long-range management objectives for the unit consistent with the unit’s classification pursuant to Article 1.7 (commencing with Section 5019.50), and a declaration of resource management policy, setting forth the precise actions and limitations required for the achievement of the objectives established in the declaration of purpose.

(c)Notwithstanding subdivision (a), the department is not required to prepare a general plan for

a unit that has no general plan or to revise an existing plan if the only development contemplated by the department consists of the repair, replacement, or rehabilitation of an existing facility; the construction of a temporary facility, if the construction does not result in the permanent commitment of a resource of the unit; any undertaking necessary for the protection of public health or safety; or any emergency measure necessary for the immediate protection of natural or cultural resources; or any combination of these activities at a single unit. Any development is subject to the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)).

(d)Notwithstanding subdivision (a), the department is not required to prepare a general plan or revise an existing plan for a unit to which new development is necessary to comply with public service delivery obligations, operational or code compliance upgrades,

or resource preservation requirements that are compatible with the classification of the unit. The department may instead prepare a management or development plan with appropriate environmental review and analysis.

(e)Consistent with good planning and sound resource management, the department shall, in discharging its responsibilities under this section, attempt to make units of the state park system accessible and usable by the general public at the earliest opportunity.

(f)The department may prepare a general plan that includes more than one unit of the state park system for units that are in close proximity to one another and that have similar resources and recreational opportunities if that action will facilitate the protection of public resources and public access to units of the state park system.

(g)The

department, in consultation with the State Park and Recreation Commission, by January 1, 2018, shall provide the Legislature with recommendations for improving the state park planning and approval process to help achieve the following goals:

(1)Provide for more efficient and cost-effective development, approval, and timely updates of park unit general plans, including through the use of multi-unit general plans where appropriate.

(2)Provide for public participation in the development and update of park general plans and related planning documents.

(3)Streamline reviews carried out pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) and other applicable statutes.

(4)Enable the department to reduce, by

2025, the current backlog of general plans to be developed for parks that currently lack a general plan or that have an existing general plan that is more than 25 years old and requires significant revision to address pressing public access and resource management issues.

§ 5002.3

Amended by Stats. 1990, Ch. 1027, Sec. 1. Effective September 19, 1990.

A public hearing shall be scheduled by the State Park and Recreation Commission to consider each matter of classification or reclassification of a unit and of approval of the department’s general plan for a unit. Notice of the hearing shall be posted in plain sight at one or more places within the affected unit, published in one or more newspapers of general circulation in each county within which the affected unit is located, and mailed to every person who has filed a request for notice of the hearing with the commission. If the notice of hearing is published in a weekly newspaper, it shall appear therein on at least two

different days of publication; and if in a newspaper published more often, there shall 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.

Copies of the department’s inventory of features, in the case of a hearing on classification or reclassification, or copies of the department’s general plan, in the case of a hearing on approval of the plans, shall be made available to the public at the department’s appropriate regional and district offices on the last date of publication of the notice.

The hearing shall be held by the commission in, or within a radius of 100 miles of, the City of San Diego, Los Angeles, San Francisco, San Bernardino, Eureka, Redding, Fresno, Ukiah, Monterey, San Luis Obispo, Santa Barbara, or Sacramento, whichever is closest to the unit

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. The vote of each individual member of the commission on each matter of classification or reclassification and of approval of the department’s general plan shall be recorded when the final decision of the commission is announced.

§ 5002.4

Repealed and added by Stats. 1983, Ch. 439, Sec. 8.

The department shall furnish a copy of the general plan for any unit of the state park system for which a plan has been prepared to any Member of the Legislature, upon request.

§ 5002.45

Amended by Stats. 1984, Ch. 37, Sec. 1. Effective March 14, 1984.

(a)Notwithstanding any other provision of this article, upon completion of the land transfer authorized in Section 6 of Chapter 1234 of the Statutes of 1980, the department shall prepare a general plan or revise any existing general plan, as the case may be, for the Sinkyone Wilderness State Park. The plan shall also include the leased property described in paragraph (2) of subdivision (c) of Section 6 of that chapter.

(b)The general plan shall be as provided in Section 5002.2 and shall also include all of the following:

(1)Provision for a system of recreational trails connected one to another and to other recreational trails in the region.

(2)Provision for a system of nonmotorized transportation, at least for those unable to hike long distances because of age or disability. The department may contract for a privately owned and operated system of horse-drawn carriages to be operated at no cost to the state in order to provide this nonmotorized transportation.

(3)Provision for parking of motor vehicles at Usal and Low Gap or elsewhere at the perimeter of or near the Sinkyone Wilderness State Park. This may include patrolled parking areas on the perimeter of or near the park or parking lots in nearby communities with shuttle buses to the wilderness area, or both; in any case, the department may charge fees not to exceed its actual

costs.

(4)Provision for sportfishing. In addition, notwithstanding any other provision of law, the commission may consider and authorize as a part of the plan continuation of and regulation of hunting on the limited basis traditional to the area, to the extent it does not endanger human health or safety.

(5)Provision for the continuation and renewal of road easements which existed on January 1, 1980, across the park, to the extent that the roads are necessary to provide access to neighboring property.

(6)Provision for the maintenance and use of the existing structure known as Needle Rock House as a visitor-serving or interpretive facility or another use compatible with the preservation of the wilderness environment.

(7)Provision for any restrictions

on the use of existing county roads within the park, which restrictions may be necessary to protect human health or safety, natural resources, or wilderness values of the park; and provision for posting of signs on those roads to notify persons of road conditions.

(c)The department, in preparing or revising the general plan, shall hold at least one public hearing in each of Mendocino and Humboldt Counties.

(d)The State Park and Recreation Commission shall conduct at least one public hearing at a location within a 100-mile radius of the park to consider approval of the department’s general plan. Notice of the hearing, the availability of copies of the department’s general plan, and the conduct of the hearing shall be in accordance with Section 5002.3.

(e)The State Park and Recreation Commission shall evaluate the

compatibility of continued use of existing roads with the proposed uses of the park in the general plan adopted by the commission pursuant to this section. However, no county road shall be closed except with the concurrence of the board of supervisors of the county in which it is located.

§ 5002.5