1. (a) For purposes of this section, the following terms have the following meanings:

   1. (1) “Deep Subtidal Elevation Band” in the Delta means the land area that is located more than 8 feet below Mean Lower Low Water. For purposes of the Suisun Marsh, this means the land area that is located more than 4.5 feet below Mean Lower Low Water.
   2. (2) “Intertidal Elevation Band” means the land area that is located between Mean Lower Low Water and Mean Higher High Water.
   3. (3) “Sea Level Rise Accommodation Band” means the land area that is located between Mean Higher High Water and 10 feet above Mean Higher High Water.
   4. (4) “Shallow Subtidal Elevation Band” in the Delta means the land area that is located between Mean Lower Low Water and 8 feet below Mean Lower Low Water. For purposes of Suisun Marsh, this means the land area that is located between Mean Lower Low Water and 4.5 feet below Mean Lower Low Water.

2. (b) A complete certification of consistency for a covered action subject to this section shall disclose and include all of the documentation required by Appendix 4A, which includes all of the following:

   1. (1) A completed Appendix 4A.

   2. (2) The rationale, based on best available science, for any inconsistency with Appendix 4A, Table 1.1, and how that covered action is nevertheless consistent with the coequal goals of the Delta Plan.

      1. (i) Future marsh migration.
      2. (ii) Anticipated sea level rise.
      3. (iii) Tidal inundation.
      4. (B) If the action described in this paragraph does not implicate one or more of the elements set forth in subparagraph (A), explain for each of those elements why it does not.

      5. (C) The information required to be provided pursuant to this paragraph may be included in an adaptive management plan if a plan is required pursuant to section 5002.

         (4)(A) An explanation based on best available science, for a covered action that takes place in whole or in part in the Shallow Subtidal Elevation Band or the Deep Subtidal Elevation Band, of how the action is designed to safeguard against levee failure over the design life of the covered action.

      6. (B) The information required to be provided pursuant to this paragraph may be included in an adaptive management plan if a plan is required pursuant to section 5002.

         (c)(1) For purposes of Water Code section 85057.5(a)(3) and section 5001(o)(1)(E) of this Chapter, this policy covers a proposed action that includes habitat restoration.

      (3)(A) An explanation, based on best available science, for a covered action that takes place in whole or in part in the Intertidal Elevation Band and Sea Level Rise Accommodation Band, of how the action is designed to accommodate each of the following:

   3. (2) For a covered action that had a Notice of Preparation, Mitigated Negative Declaration or Negative Declaration published prior to April 1, 2025, those changes shall become operative two years after the effective date of those changes.

Note: Authority cited: Section 85210(i), Water Code. Reference: Sections 85020, 85022, 85054, 85300 and 85302, Water Code.

History

1. New section filed 8-7-2013; operative 9-1-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 32).

2. Change without regulatory effect amending subsection (b) filed 2-29-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 9).

3. Amendment of section heading and section filed 2-27-2025; operative 4-1-2025 (Register 2025, No. 9).