BIG CREEK LUMBER CO. v. COUNTY OF SANTA CRUZ

Filed 6/29/06

IN THE SUPREME COURT OF CALIFORNIA

BIG CREEK LUMBER CO. et al., )

)

Plaintiffs and Appellants, )

) S123659

v. )

) Ct. App. 6 H023778

COUNTY OF SANTA CRUZ et al., )

) Santa Cruz County Super. Ct.

Defendants and Appellants. ) Nos. CV134816 & CV137992

_______________________________________ )

Story continue from Part I …….

First, in many places where it addresses timberland zoning, general state forestry law expressly preserves and plainly contemplates the exercise of local authority. The actual designation of TPZ's, for example, is left to local action. (Gov. Code, § 51104, subds. (a), (c), (g); see, e.g., id., §§ 51112 [on or before March 1, 1977 (list A); on or before March 1, 1978 (list B)] and 51113 [current].) Owners of parcels desiring TPZ zoning must petition local authorities. (Id., § 51113, subd. (a)(1).) If the parcel does not meet state timber stocking standards and forest practice rules, the owner must agree to do so within five years (id., subd. (c)(3)(A)), and, if the owner fails to do so, local authorities are empowered to rezone the parcel (ibid.) and to â€