Wilson v. County of Napa

In February 2016 proponents submitted to the Napa County Registrar of Voters their initiative petition. After initially certifying that the initiative qualified for placement on the ballot, the registrar rejected the petition based on advice from county counsel that the measure did not comply with the full-text requirement of Elections Code section 9101. The measure consists of 10 sections filling 18 pages. Its stated purpose is “to protect the water quality, biological productivity and economic and environmental value of Napa County’s streams, watersheds, wetlands and forests, and to safeguard the public health, safety and welfare of the county’s residents.” It would amend the goals and policies of the general plan; require additional water quality buffer zones along streams and wetlands; increase the minimum ratio for replacing lost oak woodlands in an agricultural watershed zoning district; and add to the Code an “Oak Removal Permit Program,” requiring compliance with the best management practices set forth in the “Napa County Voluntary Oak Woodland Management Plan (2010)” without including the text of those practices. The court of appeals affirmed. The measure does not simply cross-reference another provision of law but would enact as binding conditions for permission to remove certain trees what are now only recommended measures for voluntary compliance. View "Wilson v. County of Napa" on Justia Law