Cal. Code Regs. tit. 23, § 5035 – Appeal Following Remand.

(a) An appeal of a revised certification of consistency following a remand shall be limited to either of the following:
1. (1) An alleged failure to address each of the council's findings on the remanded issues.
2. (2) Issues resulting from material changes to the covered action.
(b) Except as provided in subsection (a)(2), a person shall not raise new grounds for appeal that were not raised in a prior appeal or reassert grounds that were raised or were rejected by the council. Those grounds may be considered non-appealable issues and dismissed.

Note: Authority cited: Sections 85210 and 85225.30, Water Code. Reference: Sections 85210.5, 85225.5 and 85225.25, Water Code.

History

1. New section filed 1-24-24; operative 1-24-24 pursuant to Water Code section 85225.30. Submitted to OAL for filing with the Secretary of State and printing only pursuant to Government Code section 11343.8. (Register 2024, No. 4).