Rough Proportionality Standard Clause Samples

Rough Proportionality Standard. Pursuant to section 2820, subdivision (b)(9) of the California Fish and Game Code, the Implementing Entity, County, Cities and Flood Control District must “ensure that the implementation of mitigation and conservation measures on a plan basis is roughly proportional in time and extent to the impact on habitat or Covered Species.” Section 2820, subdivision (b)(9) also requires a statement of consequences of the failure to acquire lands in a timely manner. For purposes of the HCP/NCCP, whether “rough proportionality” is met shall be determined pursuant to Chapter 8.6.1 of the HCP/NCCP. If at any time CDFG provides written notification that rough proportionality on a plan basis has not been met, then the Implementing Entity, County, Cities and Flood Control District will either: (1) regain rough proportionality within forty-five (45) days; or (2) enter into an agreement with CDFG within forty-five (45) days, which will set a course of action to expeditiously regain rough proportionality. The agreement may include any of a variety of commitments or adjustments to the NCCP designed to regain rough proportionality, including but not limited to, a plan to acquire, restore, or enhance lands of appropriate vegetation or land-cover type expeditiously. If the Implementing Entity, County, Cities and Flood Control District do not regain rough proportionality within forty-five (45) days or enter into an agreement with CDFG within forty-five (45) days setting a course of action to regain rough proportionality, CDFG will suspend or revoke the State Permit, in whole or in part, pursuant to California Fish and Game Code section 2820, subdivision (c). The Parties agree that partial suspension or revocation may include removal of one or more species from the Covered Species list for purposes of the State Permit or reducing the geographic scope of the Take authorization provided by the State Permit. Before suspending or revoking the State Permit in whole due to a failure to maintain rough proportionality, DFG shall meet with the Permittees to determine whether mutually agreeable modifications to the HCP/NCCP would obviate a suspension or revocation in whole. The Parties agree that if CDFG suspends or revokes the State Permit, the Permittees may, based on the HCP/NCCP, apply for one or more CESA incidental take permits under section 2081, subdivision (b), of the California Fish and Game Code to replace the State Permit, in which case CDFG shall expeditiously review the applicat...
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