Deal Would Give Coast Panel Influence in Habitat Plans

In a partial victory for environmentalists, the California Coastal Commission appears to have won a say in shaping habitat conservation plans--agreements intended to balance preservation and growth.

Developers have strongly objected to any role for the state agency, and state Resources Secretary Mary Nichols had battled with commissioners on the issue.

But a draft agreement initialed by Nichols’ office, commission officials and the state Department of Fish and Game before Christmas gives the Coastal Commission a say on plans in coastal counties or coastal watersheds, whichever extend the shorter distance inland. That means the agreement would stop the commission from weighing in on plans in inland counties that could affect ocean waters through rivers that run to the sea.

The document was made public Wednesday. Commission Chairwoman Sara Wan said it reflected a compromise.

“We did voluntarily limit our jurisdiction,” said Wan. “That’s part of the process of negotiation. The [agreement] is a good one. The commission can and should live by it.”

Commissioners will hold a public hearing and vote on the agreement at a meeting Wednesday in Los Angeles.

Developers, ranchers and the California Chamber of Commerce all have opposed the commission’s request, saying that it would add another layer of bureaucracy to land-use projects. They said the commission could torpedo many carefully negotiated pacts.

“It is such an expansion of their authority,” said Laer Pearce, executive director of the Coalition for Habitat Conservation, which represents the Irvine Co., Rancho Mission Viejo Co. and others. “I find it difficult to concede anyone would move forward with habitat conservation plans under these provisions.”

The plans allow developers to kill endangered species and pave over their habitat in exchange for setting aside large chunks of land elsewhere.

The commission is facing a time crunch, because the agreement must be approved by federal commerce officials by Wednesday, or an extension must be sought that would put the final say in the hands of President-elect George W. Bush’s new Commerce secretary, Don Evans. Evans is considered to be pro-development by environmentalists.

As it is, outgoing Secretary of Commerce Norman Y. Mineta will probably personally review and decide on the deal, raising concern among some activists because he was tapped this week by Bush to serve as transportation secretary in the Republican administration.

Susy Smith, Mineta’s chief of staff, said his pending appointment would not affect Mineta’s consideration of California’s request. Earlier, federal officials said that an agreement between the Coastal Commission and other state agencies was key to winning the Department of Commerce’s approval.

“It certainly is an important, huge step,” Smith said.