Section 5035 - Appeal Following Remand(a) An appeal of a revised certification of consistency following a remand shall be limited to either of the following:(1) An alleged failure to address each of the council's findings on the remanded issues.(2) Issues resulting from material changes to the covered action.(b) Except as provided in subsection (a)(2), a person shall not raise new grounds for appeal that were not raised in a prior appeal or reassert grounds that were raised or were rejected by the council. Those grounds may be considered non-appealable issues and dismissed.Cal. Code Regs. Tit. 23, § 5035
Note: Authority cited: Sections 85210 and 85225.30, Water Code. Reference: Sections 85210.5, 85225.5 and 85225.25, Water Code.
1. New section filed 1-24-24; operative 1/24/24 pursuant to Water Code section 85225.30. Submitted to OAL for filing with the Secretary of State and printing only pursuant to Government Code section 11343.8. (Register 2024, No. 4).