§ 5865

299 words·~1 min read·/ca/public-resources-code/5865

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)On the basis of the evaluation and the findings of the peer reviewers, made pursuant to Section 5864, the department shall determine either that the property does or does not appear to qualify for California natural landmark designation or that it requires additional information before a decision regarding the property’s designation as a California natural landmark can be made.

(b)If the department determines that the property does not appear to qualify for California natural landmark designation, the department shall notify the owner in writing of that determination, including reasons therefor.

(1)If the department determines that the property meets the state significance criteria in Section 5868, the department shall notify the owner in writing of that determination. The department shall include in the notice, all of the following:

(A)The procedures that the department follows in making its determination.

(B)The effect of California natural landmark designation, as defined in Section 5861 and as described in Section 5862.

(C)A copy of the evaluation made pursuant to subdivision

(b)of Section 5864.

(D)An opportunity for the owner to comment.

(A)The department shall also notify appropriate interested parties of the determination as the director deems appropriate, including all of the following:

(i)The executive of both the city and county in which the property is located.

(ii)The Governor.

(iii)Members of the Legislature who represent the district in which the property is located.

(B)The notice shall include both of the following:

(i)The procedures that the department follows in making its determination.

(ii)The effect of California natural landmark designation, as described in Section 5862.

(3)Notification of and receipt of any comments pursuant to this section are the department’s responsibility, and the department shall not delegate that responsibility to a representative.