Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Each application report filed with the Secretary shall include the following material:
(a) A resolution by the governing body authorizing the filing of the report and designating an authorized representative.
(b) A tabulation on Forms 100 (4/01), 101 (8/02), 102 (8/02), 102A (4/01), 103 (8/02), 104 (4/01), 105 (4/01), 106 (4/01), 107 (4/01), 108 (4/01), 109 (4/01), 110 (4/01), 111 (4/01), 112 (4/01), 113 (8/02), and 114 (4/01) provided by the Secretary, and incorporated by reference, summarizing the number of acres of land under the governing bodies' regulatory jurisdiction on the effective date, by each of the various categories as set forth in Section 422 of the Revenue and Tax Code qualified for state payments and the amounts of the state payments claimed pursuant to Section 16144 of the Government Code in accordance with the provisions in these regulations. The tabulation of non-prime lands shall indicate, by acreage, the section 14112(c) category under which payment is requested. The tabulation shall be certified by the authorized representative that the data given are correct and meet the criteria set forth in Section 14112 herein.
(c) A map showing the lands in the categories tabulated in (b) above. For the application report submitted for fiscal year 2000/2001, the map may be submitted in any reasonable form that certifies the land for which subvention payment is claimed. Beginning with the application report submitted for fiscal year 2001/2002, the map must be prepared as follows:
(1) The map must include the following information:
(A) The location and category of all lands tabulated in accordance with sub-section (b), above.
(B) The location and category of all enforceably restricted lands enrolled under contracts entered into pursuant to Section 51240 of the Government Code that are not otherwise tabulated in accordance with subsection (b), above.
(C) If applicable, the location and type of enforceable restriction, as defined in Revenue and Taxation Code Section 422 for a scenic restriction entered into prior to January 1, 1975, an open space easement, or a wildlife habitat contract for which subventions are claimed.
(D) The boundaries of agricultural preserves established pursuant to Section 51230 of the Government Code.
(2) For all maps submitted pursuant to this section, the following production standards must be followed:
(A) The boundaries of all lands specified by sub-section (1), above, must be clearly and precisely delineated.
(B) Areas of 40 acres or more of lands specified by sub-section (1), above, must be shown on the map.
(C) Delineation within each parcel must be made, whenever possible, to indicate distinctions between land categories that exist within the parcel or parcels.
(3) Local governmental jurisdiction that use a computer-based mapping system for the purpose of mapping the location of lands specified by sub-section (1), above, may submit the map in a digital, electronic file format that is accessible by the Department. For map submittals of this type, the following additional production standards must be followed:
(A) Boundaries of land specified by sub-section (1), above, which are bounded by physical or cultural features, must accurately coincide with those features as the features are represented on reliable and readily available base maps such as the United States Geological Survey Topographic Quadrangle Map Series.
(B) The delineation of lands specified under subsection (1), above, must be based on original information no smaller than 1:125,000 in scale.
(C) The digital, electronic map file must include written documentation containing the following information:
1) the scale, map projection system, if any, and map coordinate system, if any, that was used to create and store the digital, electronic map file; and
2) a description of the computer-based mapping system used to create the digital, electronic map file, including the name of any proprietary file format.
(4) Local governmental jurisdictions that do not use a computer-based mapping system for the purpose of recording the location of lands specified under sub-section (1), above, must submit a map produced using a stable, durable material such as presentation-grade drafting film or paper. For map submittals of this type, the following additional production standards must be followed:
(A) Prominent physical and cultural features, such as county or city boundaries, major transportation routes, drainage courses, inland water bodies, and major population centers, must be clearly represented. Wherever the boundaries of lands specified by sub-section (1) above, coincide with such features, the boundaries must be represented in such a way that it is clear to the reader of the map that the boundary in fact coincides with the physical or cultural feature.
(B) The preferred scale for production is 1:100,000; the map must be produced at a scale no smaller than 1:125,000 and no larger than 1:60,000. The scale used must be clearly identified on the map.
(C) The type of map projection system used must be clearly identified on the map.
(D) Labeled reference marks or grid lines must be used whenever possible to indicate the location of the area depicted on the map relative to a commonly used coordinate system such as the public lands survey system or latitude and longitude.
(5) Local governmental jurisdictions may request consultation and technical assistance from the Department for the purpose of meeting the requirements of sub-sections (1-4) above.
(6) Local governmental jurisdictions that submit maps substantially meeting the criteria listed under sub-sections (1-4) above, may, on or before December 31 of each year, request that the Department incorporate the map submitted pursuant to this section into the Department's own computer-based mapping system. Contingent upon the availability of necessary resources the Department may incorporate within its computer-based mapping system the original map as submitted by the local governmental jurisdiction. If the local governing body chooses to adopt this file as its official map for purposes of meeting the requirements of this section, the following criteria shall apply in lieu of the normal requirement to submit an original map with each annual application report:
(A) For the year immediately following that for which the local governmental jurisdiction's initial map file with the Department is current, and for every second year thereafter, the local governmental jurisdiction must submit copies of assessor parcel maps that depict the location of parcels affected by changes to the number of acres of land specified under sub-section (1) above.
(B) For the second year immediately following that for which the local governmental jurisdiction's initial map file is current, and for every second year thereafter, the local governmental jurisdiction must submit materials needed to update the map file. The materials supplied by the local governmental jurisdiction for this purpose must be adequate to allow the map file to be updated in a manner consistent with the guidelines listed under subsections (1-4) above.
(d) A sample of each form of contract, agreement, scenic restriction, or open space easement used for placing land under enforceable restrictions if:
(1) The format of the document has been changed since the last application report; or
(2) A governing body is submitting an application report for the first time.
(e) If changed since the previous year's application report was filed with the Secretary, or not otherwise previously provided, the governing body's rules for the administration of agricultural preserves, including an enumeration of compatible uses as required by Government Code Section 51231 and any amendments thereof, as well as the governing body's designation of minimum parcel sizes for lands in agricultural preserves and/or subject to contract and rules governing the subdivision of lands subject to contract.
(f) If changed since the previous year's application report, and unless otherwise available through the California Environmental Resources Evaluation System (CERES), the open space element pursuant to Article 10.5, Chapter 3, Division 1 of Title 7 of the Government Code of the governing body's general plan, including a map of open space lands designated in the open space element, if available.
(g) A listing of all enforceable restrictions which were terminated, including the acreage involved, in the intervening year through any of the following:
(1) completion of contract nonrenewal pursuant to Government Code Section 51246.
(2) annexation pursuant to a city protest filed prior to January 1, 1991 pursuant to Government Code sections 51243- 51243.5 The County shall also provide the name of the City and date of the resolution pursuant to Government Code Section 56844.2 that the City will not to succeed to the contract.
(3) contract rescision pursuant to Government Code Section 51256.
(4) cancellation pursuant to Government Code Sections 51280- 51286 and 51297. The City or County shall specify the date of the final cancellation and the amount of the cancellation fee.
(5) acquisition for a public improvement pursuant to Government Code Section 51295, including a brief description of the public improvement.
(h) A list of contracts and corresponding acreage for which nonrenewal has been initiated in the intervening year pursuant to Government Code Section 51245.
(i) A list of all continuing contracts or other enforceable restrictions on land annexed by a city pursuant, including the name and address of the city assuming jurisdiction over the restriction.
(j) Such other material as the Secretary may require.
1. Amendment of subsection (b) filed 10-2-73; effective thirtieth day thereafter (Register 73, No. 40).
2. Amendment of subsections (a)-(c), new subsections (c)(1)-(c)(6)(B) and (e)-(i), subsection relettering, and new NOTE filed 5-19-2000; operative 6-18-2000 (Register 2001, No. 3).
3. Amendment of subsection (b) and amendment of NOTE filed 10-3-2001; operative 10-3-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 40).
4. Amendment of subsections (b) and (g)(4) and amendment of NOTE filed 1-21-2003; operative 1-21-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).
Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16142, 16142.1, 16144, 16154, 51207 and 65570, Government Code.
