Any person, including any member of the Council or its Executive Officer, who claims that a covered action is inconsistent with the Delta Plan and, as a result of that inconsistency, the covered action will have a significant adverse impact on the achievement of one or both of the coequal goals or implementation of government- sponsored flood control program, may file an appeal with regard to a certification of consistency submitted to the Council. Water Code Section 85225.10(a).
The Act specifies that an appeal must be filed no later than 30 calendar days after the submission of the certification of consistency. If no person appeals the certification of consistency, the state or local public agency may proceed to implement the covered action. Water Code Section 85225.15.
Upon an appeal of a submitted certification of consistency, the Council has the authority to determine the consistency of the covered action with the Delta Plan.
The Council has 60 days to hear the appeal and an additional 60 days to make its decision and issue specific written findings. If the covered action is found to be inconsistent with the Delta Plan, the project may not proceed until it is revised so that it is consistent with the Delta Plan, a new certification of consistency is submitted to the Council, and no person has appealed that certification of consistency.
Administrative Procedures Governing Appeals
The Act requires the Council to adopt administrative procedures governing appeals, which are exempt from the normal state rulemaking process. The Delta Stewardship Council adopted these procedures at its August 2010 Council meeting. Read the procedures as adopted.
The Council has developed the On-line Appeal form to assist the public in submitting an appeal. The link below will allow you to submit an Appeal on a specific Certification of Consistency filing.