California Solar Land Access(3-CA)
A developer will need to obtain a lease from the California State Lands Commission (Commission) if the proposed project will occupy any portion of state lands that fall under the jurisdiction of the Commission. The Commission has jurisdiction and management control over sovereign state land and California school lands. Authority to lease California state land is granted to the Commission by Cal. Pub. Res. Code § 6501.1. In order to obtain the lease, the developer must submit an application to the Commission. The Commission then conducts an environmental review before deciding whether to issue or deny the lease. A similar application must be submitted to the Commission for a right-of-way if any portion of the project, such as roads, power lines, or pipelines, will cross over or occupy land under the Commission’s jurisdiction.
If components of the project will encroach on existing state highway or other ROWs, the developer must obtain permission from the California Department of Transportation (Caltrans) by submitting a complete Application TR-0100. See Cal. Sts. & High. Code § 670(a)(2). Cities and counties may issue routine State highway encroachment permits on specified state highway facilities located within their boundaries if authorized by Caltrans. See Cal. Sts. & High. Code § 676. Caltrans will approve or deny an encroachment permit within 60 days of receipt. See Cal. Sts. & High. Code § 671.5(a).
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.