California Public Resources Code ARTICLE 1 - State Park System

• Section 5001.
  (a) The Legislature finds and declares all of the following:(1) California’s state parks are a true reflection of our state’s collective history, natural and cultural heritage, and...
• Section 5001.1.
  As used in this division, “department” means the Department of Parks and Recreation and “director” means the Director of Parks and Recreation.(Added by Stats. 1965,...
• Section 5001.2.
  The director shall promote and regulate the use of the state park system in a manner that conserves the scenery, natural and historic resources, and...
• Section 5001.4.
  The department may manage state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, state marine recreational management areas and,...
• Section 5001.5.
  Whenever any reference is made to the state park system with respect to a duty, power, purpose, responsibility, or jurisdiction that can be exercised or...
• Section 5001.6.
  (a) Notwithstanding Section 5001.95, units of the state park system may be located within, and be a part of, a state seashore. However, the unit shall...
• Section 5001.65.
  Commercial exploitation of resources in units of the state park system is prohibited. However, slant or directional drilling for oil or gas with the intent...
• Section 5001.7.
  The landing of aircraft in units of the state park system is subject to the following limitations:(a) Airport facilities and services may be allowed in a...
• Section 5001.8.
  (a) The use of motor vehicles in units of the state park system is subject to the following limitations:(1) In state wildernesses, natural preserves, and cultural preserves,...
• Section 5001.9.
  (a) Any improvement existing within the state park system as of January 1, 1979, which fails to comply with the provisions of former Section 5001.5 as...
• Section 5001.95.
  No state park system unit, other than a state wilderness, a natural preserve, or a cultural preserve, shall be located within the boundaries of another...
• Section 5001.96.
  Attendance at state park system units shall be held within limits established by carrying capacity determined in accordance with Section 5019.5.(Added by Stats. 1971, Ch.
• Section 5002.
  All parks, public camp grounds, monument sites, landmark sites, and sites of historical interest established or acquired by the State, or which are under its...
• Section 5002.1.
  Prior to the classification or reclassification of a unit of the state park system into any of the categories specified in Article 1.7 (commencing with...
• Section 5002.2.
  (a) (1) Following classification or reclassification of a unit by the State Park and Recreation Commission, and prior to the development of any new facilities in any...
• Section 5002.3.
  A public hearing shall be scheduled by the State Park and Recreation Commission to consider each matter of classification or reclassification of a unit and...
• Section 5002.4.
  The department shall furnish a copy of the general plan for any unit of the state park system for which a plan has been prepared...
• Section 5002.45.
  (a) Notwithstanding any other provision of this article, upon completion of the land transfer authorized in Section 6 of Chapter 1234 of the Statutes of 1980,...
• Section 5002.5.
  The department may accept a gift of title to the Chinese Taoist Temple in Hanford, Kings County, for the state park system in the event...
• Section 5002.6.
  (a) Notwithstanding any other provision of law, and upon the adoption of a resolution of acceptance pursuant to subdivision (h), the director shall grant to the...
• Section 5002.7.
  (a) The beach bicycle path in the County of Los Angeles, which runs 22.3 miles from its northern end at the Will Rogers State Beach to...
• Section 5003.
  The department shall administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public. Except as provided in...
• Section 5003.01.
  The Legislature hereby finds and declares that the East Bay Regional Park District is contemplating the development of extensive new marina facilities at the Robert...
• Section 5003.02.1.
  (a) The Legislature hereby finds and declares that the department and the City of Grover Beach, in a joint project, are in the process of entering...
• Section 5003.03.
  (a) It is the intent of the Legislature, in enacting this section, to provide for the acquisition, planning, and operation of a state park project located...
• Section 5003.05.
  Rules and regulations adopted pursuant to Section 5003 shall also apply on any granted or ungranted tidelands or submerged lands abutting property of the department...
• Section 5003.06.
  (a) Notwithstanding any other provision of law, the director may grant, in trust, and subject to the conditions set forth in this section, all of the...
• Section 5003.1.
  The Legislature finds and declares that it is in the public interest to permit hunting, fishing, swimming, trails, camping, campsites, and rental vacation cabins in...
• Section 5003.2.
  Without limiting any statutory powers of the Department of Parks and Recreation, real property which is in the control and possession and under the jurisdiction...
• Section 5003.3.
  The State Park and Recreation Commission shall allow, in accordance with Section 5003.1, waterfowl hunting annually from the opening day of hunting season for ducks...
• Section 5003.35.
  Notwithstanding Section 5003.1, waterfowl hunting shall be allowed at the Lake Earl and Lake Talawa project in accordance with the existing interagency agreement with the...
• Section 5003.4.
  (a) There shall be provided in each state park in which camping is permitted those parking facilities for recreational vehicles, as defined by Section 18010 of...
• Section 5003.5.
  The department is authorized to provide means of ingress to and egress from all state parks in order to provide ready access thereto by the...
• Section 5003.6.
  The planning, design, and construction of a boating facility within the state park system shall be the responsibility of the Division of Boating and Waterways...
• Section 5003.7.
  (a) For due, owing, and unpaid charges or fees for water, sewage, gas, electricity, garbage, or other utility services furnished by the Department of Parks and...
• Section 5003.8.
  Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law (Part 2.5 (commencing with Section...
• Section 5003.10.a.
  (a) The department may convey, in trust for the development, improvement, operation, and maintenance of trails, to the County of San Mateo, for administration through its...
• Section 5003.11.
  (a) Notwithstanding the provisions of Division 3 (commencing with Section 11000) of Title 2 of the Government Code that relate to the disposition of state-owned real...
• Section 5003.12.
  The department may convey, in trust for the development, improvement, operation, and maintenance of trails, to the Midpeninsula Regional Open Space District all rights, title,...
• Section 5003.13.
  (a) The director may grant, in trust, an easement, subject to an agreement reached between the department and the County of Santa Cruz, of 420 feet...
• Section 5003.14.
  (a) Notwithstanding any other provision of law, the director may grant, in trust and subject to the conditions set forth in this section, all of the...
• Section 5003.15.
  The net proceeds of any sale made on behalf of the department pursuant to Section 11011 of the Government Code of any real property originally...
• Section 5003.16.
  (a) Subject to subdivisions (b) to (f), inclusive, and notwithstanding the provisions of Division 3 (commencing with Section 11000) of Title 2 of the Government Code...
• Section 5003.17.
  (a) The department may lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, if the...
• Section 5003.18.
  (a) The director may lease to the City of Los Angeles a parcel, not to exceed 20 acres of unimproved real property situated in the City...
• Section 5003.19.
  (a) Notwithstanding the provisions of Division 3 (commencing with Section 11000) of Title 2 of the Government Code that relate to the disposition of state-owned real...
• Section 5004.
  The department shall gather, digest, and summarize, in its annual reports to the Governor, information concerning the State Park System and the relation to it...
• Section 5004.5.
  (a) The California Youth Soccer and Recreation Development Program is hereby created in the department. The department shall administer the program, which is intended to provide...
• Section 5005.
  (a) The department may receive and accept in the name of the people of the state any gift, dedication, devise, grant, or other conveyance of title...
• Section 5005.01.
  (a) The Department of Parks and Recreation shall, after consultation with appropriate Native American groups, receive and accept a donation of Indian artifacts found in the...
• Section 5005.1.
  The Department of Parks and Recreation may with approval of the Department of General Services transfer, sell or otherwise dispose of personal property under its...
• Section 5005.3.
  The department shall identify a site on its lands at the head of Bodega Bay, which shall be mutually agreed upon by the department and...
• Section 5005.6.
  The department has exclusive jurisdiction with respect to property salvage and recovery operations in and upon the lands of the state park system. The department...
• Section 5006.
  (a) The department, with the consent of the Department of Finance, and subject to Section 15853 of the Government Code, may acquire title to or any...
• Section 5006.1.
  (a) (1) Prior to submitting a proposal pursuant to subdivision (f) of Section 5006, for an appropriation for the acquisition of real property in excess of five...
• Section 5006.10.a.
  (a) The department shall notify the State Parks and Recreation Commission of any proposed development that may substantially impact the historical, cultural, or recreational significance of...
• Section 5006.15.
  The department may acquire real property by donation or purchase that is subject to a conservation easement, deed restriction, or other limitation, if the director...
• Section 5006.2.
  The Director of Parks and Recreation with the consent of the Director of Finance may acquire by gift, purchase or condemnation any interest, including options,...
• Section 5006.25.
  The Director of Parks and Recreation is authorized to convey and grant to the County of Santa Cruz, for a site for a dam and...
• Section 5006.3.
  The department shall acquire sites for wayside campgrounds adjacent to the Westside Freeway, State Highway Route 5. The following general vicinities shall be given first...
• Section 5006.4.
  (a) The department may acquire, on behalf of the state, a fee or lesser interest in real and personal property located near Hollister in San Benito...
• Section 5006.41.
  The department may enter into agreements with the Department of Water Resources and the Department of Fish and Game to plan, develop, and administer real...
• Section 5006.42.
  (a) On or before February 1, 2002, the director shall establish the Cornfield State Park Advisory Committee, which shall be responsible for assisting the department, in...
• Section 5006.45.
  (a) Notwithstanding any other provision of law, the Director of General Services may acquire, on behalf of the state, a fee or lesser interest in such...
• Section 5006.47.
  (a) Notwithstanding any other provision of law, the Director of General Services may acquire, on behalf of the state, a fee or lesser right or interest...
• Section 5006.48.
  (a) Notwithstanding any other provision of law, the Director of General Services may acquire, on behalf of the state, a fee or lesser right or interest...
• Section 5006.49.
  Notwithstanding any other provision of law, the California State Mining and Mineral Museum located in the City of Mariposa, including all assets, exhibits, and materials,...
• Section 5006.5.
  The department, with the consent of the Department of General Services, may lease any interest in real or personal property which the department deems necessary...
• Section 5006.6.
  The department, with the approval of the Administrator of the Resources Agency and the Department of Finance, is authorized to cooperate and participate with the...
• Section 5006.7.
  Pursuant to the provisions of Chapter 1.5 (commencing with Section 5094) of this division, the Administrator of the Resources Agency may indicate in writing the...
• Section 5007.
  (a) It is the intent of the Legislature that the department consistently operate the state park system to preserve public access and provide protection of natural,...
• Section 5007.1.
  (a) Lands purchased or otherwise acquired by the department at the Pan Pacific project, which are to be operated and maintained by other public agencies under...
• Section 5007.2.
  Notwithstanding any other provision of law, a contract for services under the amount of fifty thousand dollars ($50,000) to restore artifacts at the Hearst San...
• Section 5007.3.
  (a) In planning, developing, managing, and operating lands acquired for the Citrus Heritage Park at Mockingbird Canyon, the department and the State Park and Recreation Commission...
• Section 5007.4.
  Consistent with the general plan for the unit, the department may enter into an operating agreement, at no cost to the state, with a qualified...
• Section 5007.5.
  Notwithstanding any other provision of law, the department shall have the right to remove and dispose of all floating logs, timber, lumber, and other debris...
• Section 5008.
  (a) The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein.(b) The director...
• Section 5008.1.
  (a) When it is determined by the director to be in the public interest, and subject to the fees, rules, and regulations of the department, visitors...
• Section 5008.2.
  (a) Peace officers and other designated employees of the department may capture any animal (1) which is not confined or under the immediate control of a...
• Section 5008.4.
  Moneys deposited in the State Parks and Recreation Fund pursuant to Section 1463.02 of the Penal Code are available, when appropriated by the Legislature, only...
• Section 5008.5.
  In any prosecution charging a violation within any unit of the state park system of the rules and regulations of the department, Section 655.2 or...
• Section 5008.6.
  Notwithstanding any other provision of law, the judge before whom any person is tried for a violation of any provision of this code within the...
• Section 5008.7.
  Every person convicted of a violation of any rule or regulation adopted by the department pursuant to this division prohibiting the leaving, depositing, dropping, or...
• Section 5008.8.
  After January 1, 1989, every peace officer authorized pursuant to Section 5008, shall have satisfactorily completed, prior to the date he or she is first...
• Section 5009.
  The State Park Contingent Fund is continued in existence. All moneys collected or received from contractual agreements, donations, gifts, bequests, or local government appropriations for...
• Section 5009.1.
  (a) (1) The department may enter into an agreement to accept funds from any person, educational institution, tribal government, corporation or other business entity, or organization for...
• Section 5009.2.
  (a) The department may enter into an agreement to accept funds from any person, business entity, educational institution, tribal government, or organization for the maintenance, operation,...
• Section 5009.3.
  Notwithstanding any other provision of law, the department may enter into an agreement or agreements with private, nonprofit public benefit corporations or other private entities,...
• Section 5010.
  (a) The department may collect fees, rents, and other returns for the use of any state park system area, the amounts to be determined by the...
• Section 5010.1.
  (a) All fees, rents, and other returns for the use of any state park system area are the property of the state or the public agency...
• Section 5010.2.
  The department shall not collect from any group of pupils in kindergarten or grades 1 to 12, inclusive, or their escorts, including, but not limited...
• Section 5010.3.
  The department may waive all fees for the use, including camping where permitted, of any unit of the state park system by students of the...
• Section 5010.5.
  The director may authorize the refund of moneys received or collected by himself or by the department illegally, or by mistake, inadvertence, or error. Claims...
• Section 5010.6.
  (a) For purposes of this section, “subaccount” means the State Parks Revenue Incentive Subaccount created pursuant to this section.(b) The State Parks Revenue Incentive Subaccount is hereby...
• Section 5010.6.5.
  On July 1, 2021, the Controller shall transfer any unexpended funds remaining in the State Parks Revenue Incentive Subaccount created pursuant to Section 5010.6 to...
• Section 5010.7.
  (a) The department shall develop a revenue generation program as an essential component of a long-term sustainable park funding strategy. On or before July 1, 2014,...
• Section 5011.
  Any person receiving aid to the aged, blind, or disabled under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the...
• Section 5011.5.
  (a) A veteran of a war in which the United States has been, or may be engaged, who is a resident of this state, upon presentation...
• Section 5011.6.
  The department may offer a reduced fee or free day use of any unit of the state park that is operated by the state and...
• Section 5011.7.
  (a) The Legislature finds and declares that the use of conservation easements can assist the department in protecting the natural resources of the state park system...
• Section 5012.
  The department may, upon application by the proper authorities, grant permits and easements for the following purposes and upon such terms as the department may...
• Section 5012.1.
  In any lease, easement, right-of-way, license, or permit entered into whereby the department leases real property, obtains a license, permit, or a grant of easement...
• Section 5012.2.
  (a) Notwithstanding any other provision of law, subsequent to the creation of an easement for a roadway connecting to Mulholland Drive through the Mulholland Scenic Corridor...
• Section 5013.
  The department may acquire, purchase, and obtain objects of historical interest, and it may purchase sites for and establish and maintain museums for such objects.(Added...
• Section 5014.
  The Director of Parks and Recreation shall convey to the Hussey Ranch Corporation, upon such terms and conditions as he determines are in the best...
• Section 5015.
  (a) In recognition of the late Robert H. Meyer’s many contributions to the growth and improvement of the state park system, the El Matador, El Pescador,...
• Section 5015.5.
  The Baldwin Hills State Recreation Area is hereby designated and shall be known as the Kenneth Hahn State Recreation Area.The department shall erect appropriate signs...
• Section 5015.6.
  In recognition of the late Ed Z’berg’s many contributions to the growth and improvement of the state park system, Sugar Pine Point State Park is...
• Section 5016.
  In order to eliminate or acquire privately owned lands situated within the exterior boundaries of the Anza-Borrego Desert State Park, the department is authorized to...
• Section 5016.1.
  In order to exchange certain lands patented to the State of California for park purposes situated outside and within 10 miles of the exterior boundaries...
• Section 5016.2.
  (a) Notwithstanding any other law, the Department of Parks and Recreation may enter into an agreement for the acquisition of the “Freeman Property,” as identified in...
• Section 5018.
  Whenever, after the receipt of a report submitted pursuant to Section 5017 with respect to a state beach or park or recreational area, the Legislature...
• Section 5018.1.
  (a) Notwithstanding any other law, the Department of Finance may delegate to the department the right to exercise the same authority granted to the Division of...
• Section 5019.
  When property is deeded to the State for park or beach purposes, oil and mineral rights in such property may be reserved in such deeds...
• Section 5019.5.
  Before any park or recreational area developmental plan is made, the department shall cause to be made a land carrying capacity survey of the proposed...

Last modified: October 22, 2018