Rebuilding After Wildfires: The Role of the California Coastal Commission

Allen Matkins
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Allen Matkins

For property owners in California’s coastal zone hoping to rebuild after the wildfires in the Los Angeles area, including the Pacific Palisades and Malibu, obtaining building permits from their local government may not be sufficient. The California Coastal Commission regulates development over a large swath of the burned land in the coastal zone, and individuals and businesses within that area will also be subject to the California Coastal Act. What Coastal Commission approval looks like, however, has become a battle between the Coastal Commission and Governor Newsom, and has even attracted White House attention.

As of the date of this article, Coastal Commission approval is not required for reconstruction, so long as property owners rebuild essentially the same structure or structures (as specified below), which may include a new Accessory Dwelling Unit (ADU) as allowed under the state’s ADU regulations. Qualifying projects are also not subject to appeal to the Coastal Commission, which was generally the prior practice where there is a certified Local Coastal Program (LCP). Further, existing Coastal Development Permits, or CDPs, for affected properties are extended for three years. But given the politicization of the Coastal Commission’s regulatory power following January’s devastating wildfires, today’s requirements could evolve.

COASTAL COMMISSION OVERVIEW

Established by voter initiative in 1972 and later made permanent via the California Legislature’s 1976 passage of the Coastal Act, the Coastal Commission regulates development in the coastal zone. The coastal zone goes beyond beaches; it can extend inland from approximately several hundred feet to up to five miles, including in the area north of the Pacific Coast Highway between the Pacific Palisades and Malibu. Many property owners who sustained damages in the Palisades Fire may thus be surprised to learn that their properties fall within the Coastal Commission’s jurisdiction.

Under the Coastal Act, development within the coastal zone generally requires a CDP. An exception exists, however, for repairing or replacing structures destroyed by a disaster. Such replacement projects must conform to current zoning requirements, have the same use as the destroyed structure, not exceed the destroyed structure’s floor area, height, or bulk by more than 10%, and be sited in the same location.

Additionally, each local government within the coastal zone must prepare a LCP, which the Coastal Commission then certifies. The Coastal Commission’s role in processing CDPs varies depending on whether a property is in a certified LCP. The Palisades Fire burned through three separate LCPs: the City of Los Angeles Palisades Segment LCP, the City of Malibu LCP, and the Los Angeles County LCP. Although Los Angeles County and Malibu both have certified LCPs, the City of Los Angeles Pacific Palisades segment does not.

GOVERNOR NEWSOM’S EXECUTIVE ORDERS

On January 12, 2025, Governor Newsom issued Executive Order (EO) N-4-25, which suspended Coastal Act requirements for repairing or replacing any damaged or destroyed structure so long as the location remained “substantially” the same as before and the new building does not exceed 110% of the prior footprint and height. This order differs in key areas from the Coastal Act exception: it does not require the new project to conform to current zoning requirements or be for the same use, it does not restrict “bulk,” and it allows for slight changes in location. A few days later, on January 16, 2025, Governor Newsom issued EO N-9-25, which further extended the Coastal Act suspensions to include new Accessory Dwelling Units.

THE COASTAL COMMISSION’S GUIDANCE

Around the time of EO N-4-25 and EO N-9-25, the Coastal Commission issued its own undated guidance on rebuilding in the coastal zone that partially contradicted Governor Newsom’s orders. This guidance generally affirmed the codified Coastal Act exemption, including that replacements must conform to current zoning requirements and be for the same use in the same location. It also stated that either the local jurisdiction or the Coastal Commission would need to provide a written exemption, which would be appealable to the Coastal Commission.

RESPONSE TO THE COASTAL COMMISSION

In reaction, Governor Newsom on January 27, 2025, issued EO N-14-25 directly refuting the Coastal Commission’s guidance. EO N-14-25 stated that the Coastal Commission’s guidance was “legally erroneous” and “purports to impose conditions beyond those specified in the Executive Orders.” The new executive order reiterated his prior orders and clarified that exemption criteria and procedures, appeal periods, and other submission requirements under the Coastal Act were suspended for damaged or destroyed structures. It also directed the Coastal Commission to stop issuing guidance interfering with his executive orders or attempting to enforce conflicting permitting requirements. On February 13, 2025, Governor Newsom issued EO N-20-25, which made minor changes to the prior executive orders and clarified that local agencies, not the Coastal Commission, will determine whether a repair or replacement project qualifies for the suspension, a decision not appealable to the Coastal Commission. EO N-20-25 also extended any existing CDP for three years for affected properties.

LOOKING AHEAD

The Coastal Commission subsequently removed its guidance from its website. Still, additional changes could occur in coming months. Governor Newsom could issue additional executive orders, or the California Legislature could pass legislation that further restricts or expands the Coastal Act. President Donald Trump even stated that he would “override the Coastal Commission,” although he did not provide further details about how his office could do so. Additionally, the existing executive orders do not fully address the role of LCPs. As such, the CDP process could ultimately differ depending on the assigned LCP. Finally, neither the Governor, the Coastal Commission, nor the Legislature have issued guidance focused on projects that would expand the prior footprint by more than 110%.

Ultimately, wildfire cleanup is anticipated to continue for as long as 18 months, which will delay rebuilding and associated permitting. In the meantime, affected property owners should pay attention to what actions are taken in Sacramento — and Washington, D.C. — in the coming months.

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Allen Matkins
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