CHAPTER 3. Eligibility Criteria [12250. - 12252.]

Cal. Public Resources Code - PRC 3.

in effect

Cal. Public Resources Code - PRC § 12250. Section 12250.

Every application for the acquisition of a conservation easement shall provide sufficient information to enable the department to verify the parcel’s eligibility for the program and to understand the conservation objectives and the parcel’s environmental value or potential to protect forest and aquatic resources.

Cal. Public Resources Code - PRC § 12250.5. Section 12250.5.

In reviewing applications pursuant to this division, the department shall determine whether the proposed conservation easement meets the eligibility and selection criteria set forth in this chapter and conforms with any rules or regulations adopted by the department pursuant to this chapter.

Cal. Public Resources Code - PRC § 12251. Section 12251.

Proposed conservation easements shall meet the eligibility criteria set forth in this section prior to review pursuant to the selection criteria set forth in Section 12260. To be eligible for participation, private forest land parcels proposed for protection under the program shall comply with all of the following: (a) Be subject to potential conversion. (b) Be owned by landowners who are willing and interested in selling or donating conservation easements. (c) Be forested with at least 10-percent canopy cover by conifer or hardwood species, or be capable of being so forested under natural conditions. (d) Possession of one or more environmental values of great concern to the public and the state: (1) Important fish and wildlife habitat. (2) Areas that can help maintain habitat connectivity across landscapes. (3) Rare plants. (4) Biodiversity. (5) Riparian habitats. (6) Oak woodlands. (7) Ecological old growth forests. (8) Other key forest types and seral stages that are poorly represented across California. (9) Lands that directly affect water quality and other watershed values. (e) Provision for continuity of one or more traditional forest uses, such as commodities production or habitat maintenance. (f) Possession of environmental values that can be protected and managed effectively through conservation easements at reasonable costs.

Cal. Public Resources Code - PRC § 12252. Section 12252.

The easement shall not be required as a condition of any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, mitigating the significant effects on the environment of a project pursuant to an approved environmental impact report or mitigated negative declaration pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or pursuant to an approved environmental impact statement or a finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C.A. Sec. 4321 et seq.) or the federal Endangered Species Act of 1973 (16 U.S.C.A. Sec. 1531 et seq.).

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026