Napa County Board of Supervisors
Dec. 10, 2002
Re: Napa County Stream Setback Ordinance
Napa Valley Land Stewards Alliance is comprised of local property owners just like you, alarmed about losing the sanctity, privacy, and utility of our homes and properties to overzealous land use regulations, in a county that already has the strictest land use regulations in the state. Our most important function to date has been to draw attention to the Stream Setback Ordinance. We believe this issue is of grave concern to all Napa County citizens, and it is our job to tell them how important it is to study this issue and get involved before their right to object has been lost. Through our mailer and our newspaper ad, we have tried to focus awareness on the upcoming public hearings. We have tried to alert people that this ordinance could result in significant adverse impacts on their use and enjoyment of their property. Our efforts so far have resulted in a record turnout and a high level of public participation at the December 3 Supervisors public hearing on this issue.
The proposed stream Setback Ordinance establishes a vast network of setbacks/wildlife corridors/riparian galleries (in effect, greenbelt easements) along every stream and dry wash in Napa County, from the bay to the ridge tops. Within these easements, property owners will be restricted from using their land for most normal purposes. Although the Napa County planning staff attempts to downplay the scale and impact of this new regulation, its true impact can only be described as colossal.
According to the staff report, this ordinance applies to over 3,000 miles of "streams" in Napa County. The width of the proposed easements along these streams varies from a minimum of 50 feet for class III streams, to a maximum of 300 feet for class I streams. It takes most of us a few moments to fully comprehend what this means.
In terms of the area impacted, this is exactly equivalent in magnitude to obtaining the right of way for a transcontinental railroad, all crammed into one small California County. This is a difficult concept to grasp, because it seems so unbelievable, so think it through carefully. A 50 foot wide easement 3,000 miles long would be sufficient to install a new high speed railway from San Francisco to New York, all shoehorned into Napa County. What would ordinarily take years of negotiations with thousands of landowners and cost billions of dollars, Napa County hopes to accomplish by fiat, for free, with the simple stroke of a pen.
Unfortunately, there are still many people who do not realize the impact this ordinance will have on their right to use and enjoy their property and their homes. The County planning staff report on this ordinance indicates that over 6,000 parcels will be affected, but only about 700 people showed up at last Tuesday's hearing. Where are the other 5,300 people? The Napa Valley Land Stewards Alliance is asking for a delay in voting on this ordinance until such time as all affected property owners understand its impact.
At the very least, we all need more time to understand how this ordinance will affect us, and how it will affect the health of the watershed. The information that might lead to such understanding has not yet been made available to us. For instance, the map showing which properties will be affected and to what extent, has not yet been prepared. And so far, the ordinance does not say which measurable characteristics of the watershed it seeks to improve, nor does it estimate what degree of improvement might be expected if the ordinance is enacted. The technical memo purporting to establish the scientific justification for this ordinance totally ignores recent scientific studies by Sonoma State University, the Regional Quality Control Board, and others that clearly contradict the claims made by proponents of this ordinance. We think these issues need to be addressed before anyone can reasonably be asked to support the ordinance.
The Napa Valley Land Stewards Alliance believes that property rights and the environment are equally important, and that healthy respect for property rights is consistent with healthy respect for the environment. Individual private property ownership provides a strong incentive for good stewardship. Those who live and work on their land are the labor force that fix erosion, reduce flood risk, and free stuck fish from obstructions. Rather than hampering their efforts with excessive regulation, we should provide them quality information, so they can work in concert for true environmental gain. Individual owners and tenants, armed with the best information, are the best possible stewards of the land. It is from this principle that we draw our name, the Napa Valley Land Stewards Alliance.
Please continue this public hearing until such time as the information necessary for a thorough understanding of this issue is made available to the public. Presently, staff tells us they want the ordinance passed now, and that they will produce the necessary information later. This means they are asking us and you to sign a blank check, which they will fill in later. We urge you not to pass this ordinance until the check has been filled in completely.
Sincerely,
George Bachich, NVLSA chairman
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