California Senate Bill 9 (SB 9) aims to increase housing density in single-family residential areas. However, environmental protection, particularly of wetlands, remains a critical concern in determining eligibility.
Definition and Explanation
Wetlands are areas where water covers the soil or is present either at or near the surface of the soil all year or for varying periods during the year. They include swamps, marshes, bogs, and similar areas. Wetlands play a crucial role in the environment, providing habitat for numerous species, improving water quality, and offering natural flood control.
How It Applies to SB 9
Properties located within designated wetlands are generally ineligible for SB 9 provisions. This restriction aims to prevent development that could harm these sensitive ecosystems.
Determining Eligibility
- Check the National Wetlands Inventory (NWI) maintained by the U.S. Fish and Wildlife Service for detailed information on wetland locations.
- Consult local planning departments or environmental agencies for more detailed wetland maps specific to your area.
- Consider obtaining a professional wetland delineation survey if there's any doubt.
- Be aware that some wetlands may not be mapped, especially smaller ones, so on-site evaluation might be necessary.
Impact on Property Owners
Property owners with land outside of wetland areas have more flexibility to utilize SB 9. Those with properties that include or are adjacent to wetlands face restrictions on using SB 9 provisions.
