Coastal resources: coastal development permits: disaster exemption.
What changed between versions
The exemption structure was simplified. The prior version stated the exemption 'shall only apply' to the original property owner of record AND listed exceptions for non-original owners. The amended version removes the 'only apply' limitation and instead simply states the exemption does not apply to a non-original owner if specific conditions are met, making the default rule broader while preserving targeted exceptions.
A new exception (B) was added: the exemption is lost if replacement would encroach upon an open space easement or deed restriction that has been recorded or offered for dedication pursuant to the Coastal Act. This is a new category of protected interest not present in the prior version.
Exception (A) was expanded to include 'deed restriction' alongside easements, so encroachment on a lateral or vertical public access easement, lateral access easement, or vertical access easement OR deed restriction recorded or offered for dedication now triggers loss of the exemption.
A new standard was added to the public trust exception: replacement is subject to permit requirements if it would be 'incompatible with the public trust, as applicable,' in addition to the existing physical standards of occupying, filling, or encroaching upon state tidelands, submerged lands, or the public trust. This introduces a qualitative test beyond mere physical footprint.