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Coastal Commission overstepped authority on Oceano Dunes, court rules

March 24, 2025

By KAREN VELIE

The California Coastal Commission overstepped its authority when it attempted to ban off-road vehicle usage at the Oceano Dunes, according to a Second Circuit Court of Appeals ruling on Monday. The Coastal Commission also violated the law when it shut down the Pier Avenue entrance to the Oceano Dunes State Recreational Area.

In March 2021, the Coastal Commission voted unanimously to phase out off-road vehicle usage at the Oceano Dunes over three years and to close the Pier Avenue entrance by July 1, 2022. Their plan was to deny California State Park’s renewal of its coastal development permit and close the dunes to vehicles.

At the time, commissioners argued vehicle usage at the dunes harms the environment and does not comply with the California Coastal Act. The commissioners also cited environmental justice as a justification for closing the park to vehicles.

Friends of Oceano Dunes, a nonprofit that represents approximately 28,000 supporters of off-road recreation, previously indicated it was ready to take legal action if either the Coastal Commission or California State Parks were to attempt to ban or reduce off-road vehicle usage at the dunes.

Friends challenged the Coastal Commission in a series of petitions for writ of mandate, alleging the Coastal Commission had no authority to close the dunes. They also alleged that the commission violated the Coastal Act and the California Environmental Quality Act when closing the entrance.

San Luis Obispo Superior Court Judge Tana Coates ruled on July 19, 2023 in favor of Friends of the Oceano Dunes. Shortly afterwards, the California Coastal Commission appealed Coates’ ruling.

In its appeal, the Coastal Commission argued the trial court erred in finding that it does not have the authority to ban off-road vehicle use at Oceano Dunes through denial of the coastal development permit and that it did not violate environmental laws when it closed the Pier Avenue entrance.

After the Coastal Commission certified San Luis Obispo County’s local coastal plan in the 1980s, the county had the authority to amend the plan, not the Coastal Commission, according to the appellate court ruling.

“We conclude the Coastal Commission did not have the authority to phase out off-road vehicle use by unilaterally amending the Oceano Dunes coastal development permit because the local coastal plan permits such use,” according to the appellate court ruling. “The local coastal plan states that one of its goals is to ‘maximize public recreational
opportunities’—including off-road vehicle use—at Oceano Dunes.”

The Coastal Commission also violated its authority and laws when it shut down the Pier Avenue entrance to the Oceano Dunes State Recreational Area, according to the ruling.

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Get rid of the coastal commission they are unelected and it was only created so elected officials could escape any heat for their strongarm decisions…


14

Tens, maybe hundreds of millions of taxpayer dollars wasted thanks to the false assertions of the APCD.


40

The APCD doesn’t care its not their money.


22

Good news for surfers, fishermen, OHV enthusiasts. There are still miles of dunes to enjoy without traffic at Oso Flaco and Main Street.


15

For me what’s so frightening is the only way to slow or stop this creepy behavior is take them to court- and you have to be able to afford to do that!

Thank heaven Friends of the Dunes was able to organize and fight these injustices. It’s a shame that twisted ideologies and self serving bureaucracies are now so abundant here in California.

I’ve seen some of these commissioners in action and they truly live in a alternate reality!


31

This current group of ignorant individuals that make up the California Coastal Commission are no longer capable of fulfilling the obligations for the people of California. They all need to be removed immediately.


28

It must feel really terrible to think of yourself as an “untouchable savior of the world” and then discover that there is a higher power.


46

I’m shocked, SHOCKED I tell you, that the Coastal Commission could EVER overstep its bounds! So what that many families in our little coastal town spending thousands upon thousands of dollars for various studies no one in normalsville USA would ever think of in the first place…just possibly designed to be so expensive and onorous that the project will not be done.


38