California Coastal Commission Appeal Process: A Complete Guide
When a local coastal development permit decision doesn't go as planned, the California Coastal Commission appeal process provides an important avenue for review. Understanding this process is essential for both applicants seeking to overturn permit denials and concerned parties wanting to challenge approvals.
Who Can File Appeals
Appeals to the Coastal Commission can be filed by:
- The original permit applicant (if denied or conditioned)
- Any person who made comments during the local process
- Any two Coastal Commissioners
- The Executive Director of the Coastal Commission
Appealable Decisions
Not all local coastal permit decisions can be appealed. The Commission reviews:
- Projects located between the sea and first public road
- Development on state tidelands
- Projects affecting public access or recreation
- Major public works and energy facilities
- Developments in sensitive habitat areas
Appeal Filing Requirements
Appeals must be filed within 10 working days of the local decision with:
- Completed appeal form with specific grounds
- Filing fee ($5,000 for most appeals)
- Copy of the local staff report and decision
- Supporting documentation and evidence
Grounds for Appeal
Successful appeals typically demonstrate:
- Inconsistency with the Local Coastal Program
- Inadequate environmental review
- Failure to protect coastal resources
- Insufficient public access provisions
- Procedural errors in the local process
The Appeal Process
Step 1: Jurisdiction Determination
Commission staff first determines if the appeal raises substantial issues worthy of review.
Step 2: Substantial Issue Hearing
If substantial issues are found, the Commission holds a hearing to determine whether to hear the appeal on its merits.
Step 3: De Novo Review
If the Commission finds substantial issues, they conduct a complete review of the project as if it were an original application.
Preparing for Success
Effective appeals require:
- Clear articulation of specific Coastal Act violations
- Technical evidence supporting your position
- Expert testimony when appropriate
- Community support and public comment
- Professional representation familiar with Commission procedures
Timeline and Costs
The appeal process typically takes 3-9 months and involves:
- $5,000-$25,000 in filing fees
- Additional professional costs for expert testimony
- Potential delay costs for project timeline
- Travel expenses for Commission hearings
While the appeal process represents an additional layer of review, it provides important protections for both coastal resources and property rights when properly utilized.
