Section 5034 - Implementation of Covered ActionA covered action that is the subject of an appeal shall not be implemented unless at least one of the following conditions has been met:
(a) The council has found that no appellant has shown that the certification of consistency is not supported by substantial evidence in the record on any appealed issue.(b) After remand, all of the following have occurred: (1) The certifying agency has decided to proceed with the action as proposed or modified.(2) The certifying agency has filed with the council a revised certification of consistency addressing each of the findings made by the council and any changes made to the proposed action.(3) Thirty calendar days has elapsed, and no person has appealed the revised certification.(c) The appellant has withdrawn the appeal.(d) The council or its executive officer, or delegee, has dismissed the appeal pursuant to this article.(e) If, after hearing an appeal, the council has not adopted findings that the appellant has shown that the certification of consistency is not supported by substantial evidence in the record.Cal. Code Regs. Tit. 23, § 5034
Note: Authority cited: Sections 85210 and 85225.30, Water Code. Reference: Sections 85225.20 and 85225.25, Water Code.
1. New section filed 1-24-24; operative 1/24/24 pursuant to Water Code section 85225.30. Submitted to OAL for filing with the Secretary of State and printing only pursuant to Government Code section 11343.8. (Register 2024, No. 4).