Atascadero Riparian Setbacks: Rights versus Responsibility

Once again, the Central Coast has witnessed a clash between advocates of environmental protection and property rights. In Atascadero, the proposed increase in creek setbacks is generating controversy and hostility among some of the residents.

The Environmental Center of San Luis Obispo County (ECOSLO) has been concerned about 20-foot creek setbacks in Atascadero for years. In 2002, the organization filed a suit against the City. Atascadero and ECOSLO entered into a Settlement Agreement in 2003 in which the City agreed to adopt a 35-foot setback for major creeks. This was an interim agreement established with the understanding that it would be replaced by a permanent one. In September 2005, the interim agreement expired, and setbacks reverted to 20 feet. The City is thus in breach of its explicit agreement with ECOSLO.

On May 8, 2007, the Atascadero city Council passed a 35-foot creek setback ordinance for its three largest creeks (Atascadero, Boulder, and Graves) and the Salinas River. Final review of the ordinance is scheduled for the June 12 Council meeting. If approved, the ordinance will go into effect by July.

Perhaps much of the opposition to the ordinance is due to a misunderstanding of setbacks and why they are needed. A setback is a restriction on the use of the property. All properties must conform to various setback requirements, such as specified distances of structures from the street and the sides of lots. Setbacks do not give the City or the public the right to use the setback area. In other words, a setback is different from an easement.

Creek setbacks of 35 feet are modest; many communities require a greater distance. The California Department of Fish and Game has a policy of recommending a 50-foot setback from the top of the stream bank.

Some property owners may view the increased creek setback distance as needless governmental meddling. However, it is in the self-interest of property owners to have sufficient setbacks. As anyone who has lived in California knows, a stream or river that virtually disappears in the summer can become a raging torrent during heavy rains, sometimes jumping its banks or even changing its course.

From a biological standpoint, the purpose of creek setbacks is to allow natural creek processes to occur and to reduce potential needs for bank stabilization. When such projects are necessary, they reduce the suitability of the watercourse for fish and the riparian corridor for wildlife. Creek environments are highly vulnerable and are kept most healthy by ensuring that they are maintained in their natural state.

Moreover, insufficient setbacks lead to increased flows of sediment and pollutants into the Salinas River. Riparian vegetation is very important to the stream environment. Creek setbacks help to protect the vegetation, which in turn acts as a filter to remove sediment and also keeps the water temperature within a narrow range which is especially important for species such as steelhead trout.

The State Water Control Board has designated the Salinas River and its tributaries (which include the creeks flowing through Atascadero) as one of California’s most critical watersheds. Federally listed species, such as the southern steelhead trout and the California red-legged frog, have been confirmed in Atascadero Creek, Graves Creek, and the Salinas River.

Protecting the environment is a community’s responsibility. In the words of an English proverb, “property has its duties as well as its rights.”