909976001
The Lake Tahoe Study
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The Lake Tahoe Study
...as requested by the 92nd
Congress in Section 114 of
The Federal Water Pollution
Control Act Amendments
of 197*
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PREFACE
A study of the Federal, State, and local institutional rela-
tions in managing a complex and dynamic ecosystem such as Lake
Tahoe is necessarily bounded by time. The Lake Tahoe Study
presented herein is focused on the period 1973 and early 1974.
The Study recognizes certain institutional and environmental
problems extant in 1973 and 1974, and formulates policy options
to remedy the problems identified at that time.
The Lake Tahoe Study makes recommendations for the consider-
ation of the U.S. Congress. However, many of the issues
identified in 1973 and 1974 are amenable to resolution by
Federal and state administrative action, state legislative
action, legal decision, and private incentive. Significant
progress toward the resolution of certain problems has occurred;
major actions taken since publication of the Draft Lake Tahoe
Study in May 1974 are presented below.
1. AREAWIDE WASTE TREATMENT MANAGEMENT PLANNING - Pur-
suant to Section 208 of the Federal Water Pollution Control
Act, the states of California and Nevada in March, 1974 mutually
designated the Lake Tahoe Basin as an areawide planning area
and the Tahoe Regional Planning Agency as the areawide planning
organization. In August, 1974, EPA approved the states' desig-
nations and thus made possible a 100% grant of Federal Funds
to accomplish the development of an areawide waste treatment
management plan for the Lake Tahoe Basin. On December 23, 1974,
EPA offered a grant in the amount of $650,000 to TRPA for a
two year period, and on January 2, 1975, TRPA accepted the grant
offer and initiated the planning process.
The 208 planning program now underway in the Lake
Tahoe Basin is principally devoted to erosion control and surface
water management for the purpose of preventing nutrient enrich-
ment and consequent accelerated eutrophication of the crystal
clear waters of Lake Tahoe. The plan is being developed by TRPA
in close cooperation with EPA and States of California and
Nevada, and will result in a implementable program to rectify
many of the water quality problems noted in this Study and
provide the basis for a long term program of watershed management
designed to preserve the ecological integrity of Lake Tahoe.
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2. LAND ACQUISITION - The U.S. Forest Service, using
funds from the Land and Water Conservation Fund, has recently
acquired several key parcels of land in the Tahoe Basin:
(a) Fibreboard Properties: 10,121 acres $9,925,000
(b) Meeks Bay Resort: 645 acres $3,100,000
(c) Cascade Lake: 140 acres $ 600,000
These acquired lands increase the Federal holdings in the
Lake Tahoe Basin from 57% to 63% of the total land area. The
acquired lands will be managed as National Forest under the
"General Plan for the National Forest Lands."
3. LEGAL SITUATION - On January 10, 1975, the U.S. Dis-
trict Court in Reno, Nevada ruled in favor of the Tahoe Regional
Planning Agency in five separate inverse condemnation cases
against the Agency. The court order absolves the counties of
legal responsibility for TRPA's actions. This important order
removes a major "shadow" from the local officials and clears the
way for more effective TRPA - local government cooperation and
coordination.
The Court found that the alleged loss of land values alone
is insufficient to plead unconstitutionality of the Land Use
Ordinance. The Court clarified the administrative procedures
and administrative remedies of the TRPA ordinances which may
minimize the rash of premature lawsuits alleging a taking of
private property. The Court also held that TRPA has no legal
power of eminent domain under the Compact; and, therefore, is
not subject to suit for inverse condemnation. If further tested
and upheld, this decision will have very important benefits in
promoting the utilization of ecologically based land use planning.
4. COMPACT AMENDMENTS - Legislation to amend the Tahoe
Regional planning Compact has been introduced in the legislatures
of Nevada and California. Recognizing the national values of
Lake Tahoe and the specific interests of each state, the legis-
lators from California and Nevada are closely coordinating
their efforts to jointly and concurrently move legislation
towards passage. The immediate legislation being considered
does not contemplate a full scale revision to the Compact; rather
it would authorize the states to increase the size of the TRPA
Governing Body by two members from each state. Nevada has passed
a bill (S.B.254) which designates the Nevada State Attorney
General and the Nevada Secretary of State as additional members.
California is considering a companion bill (A.B.2438) which
would also provide for increased members. At such time as the
California legislation is signed, the Compact amendments would
be presented to Congress for ratification.
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ACKNOWLEDGEMENTS
The Lake Tahoe Study was prepared under the direction of
Paul De Falco, Jr., Regional Administrator, EPA, Region IX.
John Wise served as the study manager and principal author,
Linda Goldman assisted with research analysis, and Mary
Doss typed the original manuscript.
During the course of this Study, EPA benefited greatly from
the willing cooperation of many agencies, groups, and indi-
viduals. Special recognition is extended to Douglas Leisz,
Presidential Appointee to TRPA; Richard Heikka, Executive
Officer of TRPA; the Forest Service Planning Team, Lake Tahoe
Administrative Unit; and the Tahoe Research Group, University
of California, Davis. Special thanks are offered to the in-
terested citizens and groups who provided valuable insight,
advice, and testimony to EPA at the public meetings; and to
the state and Federal agencies who provided valuable informa-
tion to EPA in the Task Reports.
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TABLE OF CONTENTS
Page
I SUMMARY 2
II RECOMMENDATIONS 4
III INTRODUCTION AND PURPOSE 9
IV THE TAHOE BASIN 13
A. Location 13
B. Physical Geography 13
C. Political Geography 21
D. Status of Planning 26
E. Land Ownership and Land Use 29
F. Economic System 38
G. Population 39
H. Infrastructure 42
I. Externalities 45
V THE TAHOE BASIN ECOSYSTEM 49
VI INTERGOVERNMENTAL ACTIVIITES 55
A. Compact Provisions/Federal Coordination 55
B. Analysis of Agency Activities 56
C. Intergovernmental Problems 63
1. Federal Policy 63
2. Sewerage 64
3. Air Quality 65
4. Erosion and Sedimentation Control 67
5. Water Supply 71
6. Transportation 72
7. Regulation of Private Development 72
8. Ecosystem Management 73
D. Environmental Impacts 75
VII IDENTIFICATION OF OTHER PROBLEMS 77
A. Public Participation 80
B. Compact Limitation 81
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C. Local/Non-local Issues 82
D. Plan Implementation/Legal 83
E. Financial Problems 84
F. Cooperation of Local Governments 84
G. Economic Factors 85
VIII ASSESSMENT: ADEQUACY OF FEDERAL OVERSIGHT 87
IX TOOLS AVAILABLE TO RESOLVE PROBLEMS 89
A. Federal Policy/Congressional Oversight 89
B. Environmental Thresholds 93
C. Compact Modifications 94
D. Mechanisms for Federal/State/Regional 97
Coordination
E. Air Quality Program 101
F. Water Quality Program 103
G. Land Acquisition Program 109
X BIBLIOGRAPHY 117
XI APPENDIX
A. PL 91-148 — Tahoe Regional Planning Compact 129
B. PL 92-500 — FWPCA - Section 114 141
II
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LIST OF FIGURES, MAPS, MATRICES
Figure Title
1 Location Map 14
2 Transportation Access & Circulation 15
3 Hydrologic System 16
4 Location Map/Surrounding Areas 17
5 Hydrologic Budget 20
6 Political Geography .22
7 Sewage Districts in Tahoe Basin ,44
8 Sewage Treatment Plants & Export Lines ' 46
Map Title
1 National Forest Lands
Matrices Title Page
1 Development Aspects/Generic First Impacts 52
2 Generic First Impacts/Possible Resultant 53
Impacts
III
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LIST OF TABLES
Table Title Page
1 Selected State Agencies 24
2 Selected Federal Agencies 25
3 Land Ownership and Shoreline Miles 31
Land Acquisition by Forest Service
4A 1965 to 1970 (Pre-TRPA) 33
4B 1970 to 1972 (Prior to Plan Adoption) 34
4C 1972 to 1973 (Since Plan Adoption) 35
4D Land Exchanged Out of National Forest 36
5 Potential Population 41
6 Federal-State Responsibility in the Lake Tahoe Basin 58
IV
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SUMMARY
The Lake Tahoe Basin lies high in the Sierra Nevada directly
astride the California-Nevada stateline. Lake Tahoe is one
of the world's few primordially pure large alpine lakes, and
is renowned for the unusual clarity of its waters.
The Lake Tahoe is a geohydrologic rarity — an ecosystem in
which the integrity of the land directly determines the quality
of the waters. The Tahoe Basin exhibits environmental and eco-
logical values which are irreplaceable; however, increasing
urbanization of the private lands is threatening these values.
The Tahoe Regional Planning Agency (TRPA) has been constituted
under the Tahoe Regional Planning Compact to "adopt and enforce
a regional plan of resources conservation and orderly develop-
ment, to exercise effective environmental controls " for
the private lands in the Tahoe Basin. TRPA has instituted a
highly innovative planning program, but has achieved mixed suc-
cess in implementing the plans. TRPA is currently beset with
serious financial and legal problems. Moreover, basic defi-
ciencies in the Compact have constrained TRPA from operating
at full effectiveness.
The Federal interest and presence in the Tahoe Basin is sub-
stantial. Roughly 57% of the land area is owned by the U. S.
Government and is administered as National Forest. Significant
interactions occur between the public lands and the private lands.
An extensive analysis of Federal and state agency activities and
authorities is presented and it reveals the scope and depth of
involvement. To a large extent, events at Tahoe are strongly
influenced by Federal and state agencies. Intergovernmental
problems are identified in the areas of water supply and sewer-
age services, transportation, air quality, and water quality.
The most serious of these problems is the protection of water
quality in Lake Tahoe by means of control of erosion and surface
water runoff. Continued transport of sediment and nutrients to
Lake Tahoe portends that the clarity of Lake Tahoe will not be
maintained.
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Under the general direction of the Presidental Appointee to
the TRPA Governing Body, the Federal agencies have acted to
coordinate their actions. However, Federal coordination has
been hampered by the lack of a definitive Federal policy
towards Lake Tahoe.
The assessment of the "adequacy of Federal oversight and control
in order to preserve the fragile ecology of Lake Tahoe" pro-
ceeds from two perspectives and yields the following two con-
clusions :
1. Federal oversight and control in the management of
the public lands is adequate to preserve the fragile
ecology of Lake Tahoe;
2. Federal oversight and control of activities on the
private lands is inadequate to preserve the fragile
ecology of Lake Tahoe.
There is therefore a clear "necessity for redefinition of legal
and other arrangements" to resolve the apparent dichotomy of
adequacy between public management of public lands and public
regulation of private lands. Recommendations to resolve these
problems follow.
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RECOMMENDATIONS
In Chapter IX, a wide range of tools and options are set forth
to resolve the intergovernmental problems and environmental
impacts identified in this Study. Chapter IX contains dis-
cussion and analysis of Federal policy, changes in statutes,
and Federal and state agency administrative action on topics
ranging from pollution controls and land acquisition to inter-
governmental coordiantion.
From the extensive options presented in Chapter IX the Envi-
ronmental Protection Agency, in consultation with the Federal
and state agencies, the Tahoe Regional Planning Agency, and
members of the public, has formulated specific recommendations
to Congress.
EPA recommends that Congress give consideration to:
1. Designating the Lake Tahoe Basin as an "area of national
environmental significance," and declaring a Federal
Policy towards the preservation of the ecological in-
tegrity of Lake Tahoe. A proposed Federal Policy is
presented immediately following these recommendations.
2. Authorizing an extensive study of projected future con-
ditions in the Lake Tahoe Basin for the purpose of as-
sessing the potential social, economic, and environmental
impacts of further urbanization.
3. Convening an appropriate committee of Congress to hold
public oversight hearings, scheduled during each session
of Congress and held at a location in the Tahoe Basin,
for the purpose of insuring that the national interest
is being served by the Federal agencies under the Federal
Policy and by the Tahoe Regional Planning Agency under
the Tahoe Regional Planning Compact.
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4. Encouraging the states of California and Nevada to con-
sider the following types of modifications to the Tahoe
Regional Planning Compact;
a) Provide that a simple majority of the governing
body members present shall be required to take
action with respect to any matter.
b) Provide for alternative and flexible financing of
the operations of TRPA.
c) Provide that all development proposals from either
state would receive equal treatment under the Com-
pact.
d) Provide that TRPA evaluate the environmental impact
of its policies and plans, with such analyses being
reported annually to each State legislature and to
Congress. Provide for periodic reports on environ-
mental trends and conditions at Lake Tahoe.
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PROPOSED FEDERAL POLICY
It is found and declared that:
1. The Federal interest in the Lake Tahoe Region is
substantial and includes:
a) ownership of 57% of the land area administered
as National Forest,
b) ultimate responsibility to attain and maintain
the National Ambient Air Quality Standards,
including prevention of significant deteriora-
tion of existing high quality air,
c) responsibility to oversee the states' implemen-
tation of Water Quality Standards for the navi-
gable waters of Lake Tahoe, including a policy
of non-degradation,
d) approval of all works constructed in or over the
navigable waters of Lake Tahoe, and
e) management of Lake Tahoe-Truckee River water
resource in accordance with court decrees.
2. The Tahoe Regional Planning Agency is duly constituted
under the Tahoe Regional Planning Compact to J1 adopt
and enforce a regional plan of resources conserva-
tion and orderly development, to exercise effective
environmental controls ...." for the private lands
in the Tahoe Region.
3. The Tahoe Region exhibits significant interaction
between public lands and private lands.
4. The Tahoe Region exhibits environmental and ecological
values which are irreplaceable.
5. Maintenance of the social and economic health of
the Tahoe Region depends upon maintaining the
high quality scenic and environmental experience.
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6. Increasing urbanization is threatening the eco-
logical values of the Tahoe Region and threatening
the public opportunities for the use of public lands.
Therefore, it is the policy of Congress that:
1. Lake Tahoe and the surrounding basin lands are
declared an area of national environmental signi-
ficance.
2. The Tahoe Regional Planning Agency, acting under
authority vested by the Tahoe Regional Planning
Compact, is the most appropriate institution to
plan for and regulate the use of private lands
in the Tahoe Region.
3. The Federal government, through its constituent
agencies, shall coordinate its activities so as
to provide technical and financial assistance to
the Tahoe Regional Planning Agency to achieve
the mandate of the Compact.
4. The Federal agencies are directed to program their
activities in the Lake Tahoe Basin to support state
efforts to achieve the following goals and objec-
tives:
a) Protect the present unique natural qualities
of the waters of Lake Tahoe and the tributary
lakes and streams, and prevent the degradation
of such high quality water.
b) Maintain the present high air quality, and
prevent the significant deterioration of air
quality.
c) Protect and maintain the native vegetative
cover with emphasis on maintaining the diver-
sity and vigor of natural plant communities.
d) Protect and maintain fish and wildlife habitats
with emphasis on marshes, meadows, and stream
environment zones.
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e) Manage the Federal lands for multiple use
purposes while protecting scenic and other
environmental qualities.
f) Seek an optimum public land ownership pat-
tern to provide increased public access and
use of lands for outdoor recreation, to pro-
tect scenic and open space values, and to
protect critical watersheds and fish and
wildlife habitats.
g) Provide a variety of recreational opportun-
ities for people of all economic levels con-
sistent with the constraints imposed by the
natural capabilities of the land and within
the limitations of use which will insure a
high quality recreation experience.
h) Provide for a variety of resource use oppor-
tunities consistent with the constraints im-
posed by the natural capabilities of the land.
i) Preserve and protect the cultural resources,
including archaeological, historical, and
natural landmarks.
5. All public funds allocated to the Lake Tahoe Basin
for the purpose of assisting local governments in
providing utilities or services shall be conditioned
upon an assurance that the public lands (and develop-
ment thereon) shall be adequately served.
6. The maximum amount of public participation in the
Federal decision process shall be provided and
permitted.
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INTRODUCTION AND PURPOSE
Lake Tahoe and the surrounding basin lands are a unique
scenic and recreational resource of regional and national
significance. The Lake Tahoe Region is also unique politi-
cally, in that governmental authority and jurisdictions are
fragmented across an array of Federal, state, regional, and
local governmental agencies.
The national interest in preserving the extraordinary natural
beauty of Tahoe is best expressed in the Tahoe Regional
Planning Compact;—/
"It is further found and declared that there
is a need to maintain an equilibrium between the
region's natural endowment and its man-made environ-
ment, to preserve the scenic beauty and recreational
opportunities of the region, and it is recognized
that for the purpose of enhancing the efficiency
and governmental effectiveness of the region, it is
imperative that there be established an areawide
planning agency with power to adopt and enforce
a regional plan of resource conservation and orderly
development, to exercise effective environmental
controls and to perform other essential functions,
as enumerated in this title."
In recognition of the continuing difficulty in achieving the
Compact objectives in the context of fragmented governmental
operations in the Tahoe Region; Congress, in Section 114 of .
the Federal Water Pollution Control Act Amendments of 1972—'
directed the Environmental Protection Agency to:
• Conduct a thorough and complete study on the
adequacy of and need for extending Federal over-
sight and control in order to preserve the
fragile ecology of Lake Tahoe.
• Examine the interrelationships and responsibili-
ties of the various agencies of the Federal
government and State and local governments.
VPL 91-148, December 18, 1969, Appendix A
2_/ PL 92-500, October 18, 1972, Appendix B
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• Consider the effect of various actions (of
Federal, State, and local governments) in
terms of their environmental impact on the
Tahoe Basin, treated as a ecosystem.
• Establish the necessity of redefinition of
legal and other arrangements between the
various governments.
• Make specific legislative recommendations to
Congress.
Congress further directed the EPA to perform the Study in
Consultation with the Tahoe Regional Planning Agency, Federal
agencies, representatives of state and local governments, and
members of the public. Accordingly, each Federal and state
agency involved at Lake Tahoe contributed information to EPA
by means of a Task Report. Such information provides the basic
data for this Study. In addition, views of the public were
gathered by means of a two-day public meeting held at Lake
Tahoe on September 21-22, 1973.V A draft copy of this Study
was circulated to each Federal and state agency and to each
person who provided input to the public meeting. Comments
received are reflected herein.
The Study examines the "environmental impact (of governmental
actions) on the Tahoe Basin, treated as an ecosystem." Parti-
cular attention is given to the impact on the "fragile ecology
of Lake Tahoe." Accordingly, the Environmental impact assess-
ment of agency actions focuses on the natural environmental
factors, and is not directly concerned with social and economic
aspects.
*
The Study acknowledges the two basic types of actions which
may yield an environmental impact - public actions and pri-
vate actions. A public action by itself may yield a direct
environmental impact. Alternatively, a public action may
yield an indirect environmental impact by making a private
action possible, or by regulating a private action. Therefore,
public agencies are accountable for the impact of their own
actions as well as actions they stimulate or regulate in the
private sector. Accordingly, the Study focuses on the public
sector.
3/ The Task Reports and Proceedings of the Public Meeting
are available for public inspection in Lake Tahoe Study
Open File - at EPA, Region IX, 100 California Street,
San Francisco, California 94111
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The Study examines the basic legislation of the Tahoe Regional
Planning Compact with a view toward identifying issues and
problems which may now constrain the effective operation of the
TRPA or may inhibit the potential effectiveness of intergovern-
mental coordination in the Tahoe Region.
The content of the Study that follows includes a brief descrip-
tion of the pertinent social, economic, and environmental factors;
a discussion of ecological relationships and environmental im-
pacts, and analysis of the problems generated by the existing
intergovernmental relations; an analysis of other problems;
and a series of tools and options designed to resolve the
identified problems.
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M,,
'j-"*y*
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THE TAHOE BASIN
LOCATION
The Lake Tahoe Basin lies high in the Sierra Nevada and
occupies an area bounded by the main range of the Sierra
Nevada on the west and the Carson Range to the east. The
California-Nevada stateline passes through the basin such
that roughly two-thirds is in California and one-third is in
Nevada.
The geographic relation of the Tahoe Basin to principal
population centers is most significant in that a large por-
tion of the "demand" for the scenic and recreation resources
of the Tahoe Basin originate from these centers. Figure 1
illustrates the proximity of the San Francisco Bay Area,
Sacramento, and Reno. Primary transportation access from
these centers to the Tahoe Basin is provided by Interstate-80
to the north shore and U.S.-50 to the south shore. Air access
is provided by two small airports, one near Truckee for
private planes only, and one at South Lake Tahoe which serves
commercial aircraft.
The geographic relation of the Tahoe Basin to its imme-
diate surroundings is also most important. Figure 2
illustrates the network of highways which service traffic into
the Basin, and the routes which circulate traffic around the
Basin. Figure 3 illustrates the hydrologic system, which
links the California Sierras to the Nevada Great Basin; and
which links Lake Tahoe to the Truckee River, the Carson River,
and to Pyramid Lake. Figure 4 illustrates in larger scale
the geographic relation of Lake Tahoe to areas immediately
outside the Basin.
PHYSICAL GEOGRAPHY
Lake Tahoe is one of the world's few primordially pure
alpine lakes, and is renowned for the unusual clarity of its
waters. Only two other sizable lakes are known to be of
comparable quality: Crater Lake in Oregon, and Lake Baikal
in the Soviet Union.
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LAKE TAHOE
LOCATION
MAP
figure 1
SAN FRANCISCO
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STATELINE
SOUTH
LAKE TAHOE.^v
figure 2
15
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0)
DONNER LAKE
'. CARSON SINK '
STILLWATER WILDLIFE
MANAGEMENT AREA
LAHONTAN
RESERVOIR
CARSON LAKE
figures
HYROLOGIC SYSTEM
TAHOE — TRUCKEE — CARSON
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SPARKS
TRUCKEE
SQUAW VALLEY
SOUTH LAKE TAHOE
figure 4
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Measurements and statistics are inadequate indices of the over-
whelming physical presence of the Lake and its incomparable
setting. The Tahoe Basin extends over an area of 506 square
miles (324,000 acres), and ranges from an elevation of 6,229
feet at the lake surface to 10,881 feet at Freel Peak. The
surface area of Lake Tahoe is 191 square miles (122,000 acres),
and the surface area of the contributing watershed is 315
square miles (202,000 acres).
The Lake Tahoe Basin is a geo-hydrologic rarity. The factors
of altitude, geology, climate, topography, and hydrology all
determine the unique Tahoe environment - an environment in
which the integrity of the land directly determines the quality
of the waters.
The geologic landscape of Tahoe was created over millions
of years by the processes of uplifting, volcanism, glaciation,
erosion, and deposition. The Basin is a graben formation
which was created by a large block of the earth's crust drop-
ping between two up-faulted mountain systems - the Sierra
Nevada on the west and the Carson Range on the east. Rocks of
volcanic origin generally appear in the north and northwest
portions of the basin, and rocks of granitic origin generally
outcrop on the east and south portions. Gouging by glacial ice
formed the troughs now occupied by Emerald Bay, Fallen Leaf
Lake, Cascade Lake, and many smaller lakes and ponds. The
processes of erosion and deposition are important in the geo-
logic time frame, but more important in the human time frame
since these are the major forces at work changing the Tahoe
landscape.
The climate is influenced by marine air masses moving inland
from the Pacific Ocean. As the air masses rise over the crest
of the Sierra Nevada, most of the moisture is dropped resulting
in annual average precipitation of 50 inches on the western
edge of the basin dropping to about 30 inches on the west shore
of the lake and to about 20 inches on the east shore. High
elevations and cool temperatures result in a short growing
season of about 70-120 frost-free days per year.
Most of the precipitation occurs as snow in the winter months.
It is not uncommon for warm rains to occur in the winter and
spring seasons causing rapid snowmelt and flooding. The
summer season is generally long and dry, occasionally marked
by afternoon thunderstorms which may cause localized flooding.
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The topography of the basin is generally quite steep; about
one-half of the land has a slope steeper than 20 percent.
Only about 70 square miles (45,000 acres) of land lie at
slopes gentler than 10 percent, with most of this land situ-
ated at the south end of the lake.
The hydrology is a function of both climatic factors and
topography. Runoff from rainfall and snowmelt is channeled
directly to Lake Tahoe through 65 separate watersheds. These
tributary streams are most important as they provide the
linkage between the land and soils and the water quality of
the lake. An estimated annual hydrologic budget of the Lake
Tahoe Basin is shown in Figure 5. This budget must be
viewed with care as it does not reveal the seasonal timing of
runoff nor the rate of runoff in any particular watershed.
In addition, it should be noted that a major component of the
hydrologic budget is the precipitation on and the evaporation
from the lake surface.
The resulting sum of hydrologic inputs and outputs is the
change in outflow to the Truckee River, or alternatively,
change in storage in the lake. The natural level of the
outlet from the lake is 6,223 feet; however, a low dam located
at the Truckee River outlet at Tahoe City, California, pro-
vides for regulation of the lake surface for the purpose of
water storage. The lake surface ranges from 6,223 to 6,229
feet, depending on the quantity of inflow and operation of
the gates at the Tahoe City dam. The total quantity of water
subject to regulation is about 745,000 acre-feet.
Altitude, climate, and topography are the principal deter-
minants of air quality within the Tahoe Basin. The topo-
graphic factors that determine the hydrologic basin also deter-
mines the air basin. The daily variations in temperature due
to the high altitude, in combination with the bowl shape of
the basin, produce a "drainage effect" whereby cooler night-
time air drains down the slopes to form an early morning cold
air mass over the surface. Dispersion of this morning tempera-
ture inversion depends upon warming of the air temperatures to
induce vertical mixing, and lateral wind velocities to induce
dispersion. The greater intensity of sunlight at the high
altitudes increases the probability of the formation of
photochemical smog. The lower atmospheric pressure at the
high altitude also increase the water vapor in the air which
accounts for the hazy conditions frequently found in the
basin.
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ESTIMATED ANNUAL HYROLOGIC
BUDGET FOR LAKE TAHOE BASIN
PRECIPITATION
U1
« LOSSES FROM LAND
672,000 Acre-ft. 355 000 Acre.ft
(39.9 inches) (21.1 inches)
IS)
O
OUTFLOW TO TRUCKEE
171,000 Acre-ft.
LAKE TAHOE
EVAPORATION FROM LAKE
352,000 Acre-ft.
(34.6 inch)
^" A INFLOW TO LAKE
312,000 Acre-feet
~(18.5 inches)
TRUCKEE RIVER
PRECIPITATION ON LAKE
212,000 Acre-ft.
(20.9 inches)
DIVERSIONS FROM BASIN
5000 Acre-feet
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On rare, but increasingly frequent occasions, smog flows
into the Tahoe Basin from the Sacramento Valley. With steady
westerly winds and little vertical mixing or turbulence, smog
is blown to the 8000-foot level and over the rim into the
Tahoe Basin.
POLITICAL GEOGRAPHY
Governmental jurisdictions in the Lake Tahoe Region are
fragmented across an array of local, regional, state, and
Federal agencies. The most significant jurisdictional bound-
ary is the California-Nevada stateline. The stateline intro-
duces an element of complexity in an already cumbersome
layering of government.
The local political geography of the Lake Tahoe Region
is shown on Figure 6. There are six authorities in the
Region which possess general powers of local government - the
counties of El Dorado and Placer in California; the counties
of Washoe, Carson City, and Douglas in Nevada; and the
incorporated City of South Lake Tahoe in California. Figure 6
also indicates the location of each county seat with respect
to the Tahoe Basin.
In addition to the general purpose governments, there are
about 60 other local authorities which exercise more re-
stricted and specialized powers. These special purpose units
of government provide the majority of infrastructure services
to the Tahoe Basin - water, sewerage, schools, fire protection,
and airports, etc. In addition, some districts provide the
improvements and utilities for new subdivisions; and some
districts provide recreational facilities.
With the general purpose government centers removed some dis-
tance from the Tahoe Basin, the special purpose districts
provide the only truly local governmental contact for many of
the year-round residents of the Region.
The proliferation of local governmental units made offi-
cials of both states aware of the need to coordinate govern-
mental functions. Accordingly, the Nevada and California
state legislatures created in 1965 a Lake Tahoe Joint Study
Committee. In 1967, that Committee recommended the establish-
ment of a permanent bi-state regional planning agency with
broad powers.
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OREGON
"NEVADA
WASHOE CO.
z <
cclo
01
POLITICAL GEOGRAPHY OF THE
LAKE TAHOE BASIN
figure 6
Outline of
Lake Tahoe Basin
County Seat
EL DORADO CO. X
• Placervllle
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The Joint Study Committee's report led to enactment by
California of the bill creating the California Tahoe Regional
Planning Agency (CTRPA) in mid-1967; and enactment by Nevada
of a similar statute in 1969 creating the Nevada Tahoe
Regional Planning Agency (NTRPA). Both the CTRPA and the
NTRPA adopted plans, maps, and ordinances for their respec-
tive jurisdictions.
The CTRPA continues to exist under its original mandate;
however, with passage of AB 1944 in September 1973 its mem-
bership has increased from 5 members to 7 members. The
CTRPA generally exercises the same review authority as
TRPA with the additional function of review of public works
projects in California. The NTRPA authority lapsed when
TRPA came into existence in 1970. The NTRPA was reconsti-
tuted, however, by legislation enacted in April 1973. The
NTRPA now has authority to review and approve only those
developments in the Nevada portion of the Tahoe Basin which
are outside the review authority of TRPA; specifically,
NTRPA will review new proposals for the development of gaming
establishments.
The Tahoe Regional Planning Compact was approved by the Cali-
fornia and Nevada state legislatures and subsequently ratified
by Congress in December 1969 (P.L. 91-148). The Tahoe Regional
Planning Agency (TRPA) actually began operations in March 1970
upon proclamation of the Governors. TRPA's task was to formu-
late and maintain a regional plan and adopt all necessary ordin-
ances, rules, regulations, and policies to implement the plan.
Responsibility for implementation and enforcement of the regional
plan and ordinances rests with TRPA, the respective states, and
the six general purpose local governments.
The TRPA has been designated by the Office of Management and
Budget (OMB) as a non-metropolitan regional clearinghouse to
perform the A-95 review process. In addition, the Department
of Housing and Urban Development (HUD) has certified the TRPA
as an "areawide planning organization" which makes the TRPA
eligible for Federal planning and grant assistance.
Surrounding and overlapping with the Tahoe Basin are several
other regional planning organizations. In Nevada, the Washoe
County Area Council of Governments (ACOG) and the Carson River
Basin Council of Governments (CRBCOG) both have overlapping
jurisdictions with TRPA. In Califoria, the Sacramento Re-
gional Area Planning Commission (SRAPC) has jurisdiction in
Placer and El Dorado Counties outside of the Tahoe Basin.
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The States of California and Nevada each exercise state
responsibilities through various state agencies. A selected
listing of the state agencies involved in activities that
may affect the environment of the Tahoe Region is presented
in Table 1. The activities of these state agencies are dis-
cussed in Chapter V.
TABLE 1
SELECTED STATE AGENCIES
STATE OF CALIFORNIA
Transportation Agency
Department of Transportation
Department of Aeronautics
Health and Welfare Agency
Bureau of Sanitary Engineering
Resources Agency
Department of Fish and Game
Department of Conservation
Division of Forestry
Division of Mines and Geology
Division of Resources Conservation
Department of Parks and Recreation
Department of Water Resources
State Water Resources Control Board
Lahontan Regional Water Quality Control Board
Air Resources Board
State Lands Commission
STATE OF NEVADA
Department of Human Resources
Bureau of Environmental Health
Department of Conservation and Natural Resources
Division of Water Resources
Division of State Parks
Division of Forestry
Department of Fish & Game
Department of Highways
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The Federal Government likewise exercises responsibilities
and authorities through various Federal agencies. A selected
listing of Federal agencies involved in activities that may
affect the environment of the Tahoe Region is presented in
Table 2. The activities of these Federal agencies are dis-
cussed in Chapter V.
TABLE 2
SELECTED FEDERAL AGENCIES
Environmental Protection Agency
Department of Interior
Bureau of Outdoor Recreation
National Park Service
Bureau of Mines
Bureau of Reclamation
Fish and Wildlife Service
U.S. Geological Survey
Bureau of Land Management
Department of Defense
U.S. Army, Corps of Engineers
Department of Transportation
Federal Highway Administration
Urban Mass Transit Administration
Federal Aviation Administration
Coast Guard
Department of Agriculture
U.S. Forest Service
Soil Conservation Service
Farmers Home Administration
Department of Commerce
National Oceanic and Atmospheric Administration
Economic Development Administration
Department of Housing and Urban Development
Federal Housing Administration
Department of Health, Education, and Welfare
Office of Education
National Aeronautics and Space Administration
National Science Foundation
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STATUS OF PLANNING
Planning requirements for the Tahoe Region are principally
set forth in the Tahoe Regional Planning Compact.. The Tahoe
Regional Planning Agency is required to prepare and adopt a
Tahoe Regional Plan which consists of the following elements:
"(1) A land use plan for the integrated arrange-
ment and general location and extent of, and the
criteria and standards for, the uses of land, water,
air, space and other natural resources within the
region, including but not limited to, an indication
or allocation of maximum population densities.
(2) A transportation plan for the integrated
development of a regional system of transportation,
including but not limited to, freeways, parkways,
highways, transportation facilities, transit routes,
waterways, navigation and aviation aids and facilities,
and appurtenant terminals and facilities for the move-
ment of people and goods within the region.
(3) A conservation plan for the preservation,
develpment, utilization, and management of the scenic
and other natural resources within the basin, including
but not limited to, soils, shoreline and submerged lands,
scenic corridors along transportation routes, open spaces,
recreational and historical facilities.
(4) A recreation plan for the development, utili-
zation, and management of the recreational resources of
the region, including but not limited to, wilderness and
forested lands, parks and parkways, riding and hiking
trails, beaches and playgrounds, marinas and other recrea-
tional facilities.
(5) A public services and facilities plan for the
general location, scale and provision of public services
and facilities, which, by the nature of their function,
size, extent and other characteristics are necessary or
appropriate for inclusion in the regional plan."
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The TRPA has made considerable progress in meeting the man-
date of the Compact, despite the occurrence of significant
delays in completing various elements of the Regional Plan.
The TRPA has adopted:
1. The Land-Use Plan which consists of the General
Plan Map and text, and the Land Capabilities Map.
2. The Conservation Plan.
3. The Recreation Plan.
4. Public Services and Facilities Plan.
5. Shorezone Plan.
6. A series of Ordinances designed to implement the
adopted plan elements:
a) Land Use Ordinance
b) Subdivision Ordinance
c) Grading Ordinance
d) Shorezone Ordinance
e) Timber Harvesting Ordinance
f) Tree Conservation Ordinance
The Transportation Plan is being prepared in cooperation with
the Federal Department of Transportation, the California Depart-
ment of Transportation, and the Nevada Highway Department. The
present work program envisions that an interim transportation
element will be completed by April 1975, with a final element
completed in 1977. The TRPA has completed the Stateline Sub-
Regional Study which addressed the issues of traffic congestion
in the Stateline area and recommends various improvements to
the local highway and street systems.
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The Department of Housing and Urban Development has awarded
"701" planning grant funds to TRPA, and accordingly TRPA has
prepared:
1. Comprehensive Regional Planning Program - Overall
Program Design 1973-1975.
2. Regional Capital Programming Element.
3. Regional Housing Element.
4. Regional Open Space Element.
5. Financial Feasibility: Implementation of the Tahoe
Regional Plan.
The land capability approach to land use planning is a most
significant development; and the Tahoe Regional Plan is noted
for pioneering this concept. The land use plan is based upon
environmental information that is the most comprehensive for
planning purposes that has yet been made for an ecologically
sensitive area such as Tahoe.
The wealth of basic ecological data collected by the various
Federal and state agencies, universities and local governments
was analyzed, interpreted, and integrated for planning purposes
by the Forest Service utilizing the computer data storage and
mapping systems developed at the University of California,
Berkeley. A determination was made of the natural physical
capabilities of the land to withstand disturbance from use
and development without serious long-term consequences to
water quality and land stability (Land Capability Map). The
Forest Service subsequently determined the inherent suitability
of land areas for certain types of resource use within the
constraints of land capability (Land Suitability Map).
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The U. S. Forest Service has issued a draft "General Plan
for the National Forest Lands" which provides a framework
for the management of National Forest lands in the Lake
Tahoe Basin. An Environmental Impact Statement accompanies
the General Plan. The management of the Forest lands will
be oriented toward recreation opportunities; however, such
opportunities will be limited to the environmental capabil-
ity to sustain recreational uses. The General Plan is based
upon the same basic environmental data, land capability and
land suitability criteria as the TRPA plans. Moreover, the
management objectives of the General Plan for the public
forest lands are very closely coordinated with plans and
ordinances administered by TRPA for private lands.
LAND OWNERSHIP AND LAND USE
A most important characteristic of the Tahoe Region is the
division between public and private lands. At present, the
public lands comprise 62% of the basin area: 57% National
Forest and 5% State Parks. About 33% of the shoreline is in
public ownership. Table 3 displays the land ownership and
shoreline miles statistics for the basin as of July 1, 1973.
The largest single landowner in the basin is the U. S.
Government. The Forest Service administers 115,739 acres in
three National Forests. The Eldorado National Forest and
the Tahoe National Forest are located in California; the
Toiyabe National Forest is located in Nevada. Effective
April 1, 1973, the National Forest lands within the Tahoe
Basin are designated as the Lake Tahoe Basin Management
Unit.
Map 1 indicates the extent of National Forest land. The
ownership pattern ranges from fairly solid in Eldorado
Forest to checkerboard in Tahoe National Forest. The
National Forest ownership does not extend, for the most
part, to the lakeshore; approximately 2.5 miles of beach in
the Pope Baldwin area, 6.0 miles in the newly acquired
Whittell estate in Nevada, and 0.5 mile at Nevada Beach com-
prise the extent of federally administered shoreline. The
Eldorado Forest contains about 22,300 acres formally desig-
nated as the "Desolation Valley Wilderness Area" under
provisions of the Wilderness Act of 1964.
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map 1
NATIONAL FOREST LANDS
LAKE TAHOE BASIN
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table 3
LAND OWNERSHIP & SHORELINE MILES
AS OF JULY 1, 1973
Public Land Area Miles of
Federal Acreage Shoreline
National Forest
Eldorado N.F. 85,518 2.5
Tahoe N.F. 12,060
Toiyabe N.F. 18,161 6.5
115,739 ~TTO~
Bureau of Reclamation 64_ -
Total Federal 115,803 9.0
State
California
Sugar Pine Pt. State Park 1,975 1.5
D. L. Bliss State Park 957 3.5
Emerald Bay State Park 590 2.5
Tahoe State Recreation Area 13_ -
3,535 7.5
Nevada
Lake Tahoe - Nevada State Park 6,047 3.5
6,047 3.5
Total State 9,582 11.0
Total Public 125,385 20.0
Private Land Area Total Private 76,513 51.0
Total Land Area Total Public
& Private 201,898 71.0
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The Forest Service has had a long-term program to acquire
land needed for public purposes through purchase and ex-
change of lands. Over the past 70 years, the Forest Service
has acquired some 33,800 acres in the Tahoe Basin, primarily
through land exchanges. Since 1965, the Forest Service has
acquired 21,585 acreas of private land for public use; and
has exchanged 754 acres of public land for private uses.
Table 4 A,B,C,D display the acres and value of property
broken down by time period to correlate with the TRPA plan
adoption schedule.
The national forests in the basin are administered for out-
door recreation, range, timber, watershed, and fish and wild-
life purposes. Outdoor recreation opportunities provided
within the national forest include fishing, hiking, back
packing, skiing, camping, and beach activities. Within
the Tahoe and Eldorado Forests there are some 600 summer
home permittees on annual and term permits up to 20 years
on 20 separate tracts with structures ranging from modest
cabins to substantial "second homes." The Forest Service
also leases one area (Heavenly Valley) to a commercial ski
operation.
The State of California administers three state parks and
a recreation area: D. L. Bliss, Emerald Bay and Sugar Pine
Point Parks; and the Tahoe State Recreation Area. These
parks comprise 3,535 acres and 7.5 miles of shoreline.
The State of Nevada administers the Lake Tahoe-Nevada
State Park which includes within the basin 6,047 acres
and 3.5 miles of shoreline.
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ACQUISITION BY FOREST SERVICE IN THE
LAKE TAHOE BASIN SINCE JANUARY 1, 1965
Period 1/1/65 to 1/1/70 (Pre-TRPA)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
CASE NAME
Geo. A. Pope, Jr.
Intercounty Title Co.
W.E.& J.H.Rempfer
J. K. Metzker
Saxon Crk. Assn.
James A.E. Wilson
A. R. Trimmer
D.M.& E.M. Whitaker
H. Edelstein
A . A . Brown
F.H.& A.E. Dressier
Stanford Alumni
Adams, Ship & Lacey
DATE
2/25/65
4/27/65
5/13/65
6/25/65
10/27/65
11/23/65
1/6/67
5/29/67
8/1/67
9/13/68
1/28/69
1/31/69
2/4/69
Subtotal
E OR P
Exchange
Exchange
Exchange
Exchange
Exchange
Exchange
Exchange
Exchange
Exchange
Purchase
Exchange
Exchange
Exchange
ACRES
32.52
109.16
40.00
400.00
160.
1,019.8
320.
80.
160.
40.
160.
118.25
128.81
2,768.54
APPROX. VALUE
$ 750,000
1,027,000
72,500
650,000
304,000
760,000
500,000
247,850
355,900
181,000
56,000
189,200
261,000
$5,354,450
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table 4A
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Period 1/1/70 to 1/1/72 (TRPA Period Prior to Plan Adoption)
1.
2.
3.
4.
5.
6.
7.
8.
9.
CASE NAME
Glenbrook Co.
Brockway Tract Assn.
Whittell Est.
East Sierra Dev. Co.
Nature Conservancy
Hall & Ayres
Valhalla Inc.
Yuba River Lbr. Co.
Nature Conservancy
DATE
6/30/70
9/14/70
10/8/70
10/29/70
3/11/71
8/20/71
10/21/71
11/5/71
11/15/71
Subtotal
E OR P
Purchase
Exchange
Purchase
Exchange
Purchase
Purchase
Purchase
Purchase
Purchase
ACRES
280.73
320.
4,752.50
22.43
48.50
32.01
8.79
440.
280.
6,184.96
APPROX. VALUE
$ 760,000
157,000
1,500,000
600,000
550,000
400,000
537,500
220,000
300,000
$5,024,500
table 4B
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Period 1/1/72 to 6/30/73 (Since TRPA Adopted Plan)
CASE NAME
DATE
E OR P
ACRES
APPROX.VALUE
1.
2.
3.
4.
5.
6.
Dreyfus (Whittell)
Co. of Placer
High Sierra Dev.Co.
Lynn & Wilson
Zeibig & Williams
Bliss
1/10/72
2/11/72
6/23/72
11/9/70
11/16/72
1/12/73
Purchase
Exchange
Exchange
Purchase
Purchase
10,452.35
6.33
145.
1,009.57
40.
978.177
$10,685,000
41,000
464,000
218,000
136,000
1,185,000
Subtotal
Grand Total
12,631.427 $12,729,000
21,584.93 $23,107,950
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table 4C
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LAND EXCHANGED OUT OF NATIONAL FOREST OWNERSHIP
SINCE 1965
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
CASE NAME
Intercounty Title
Rempfer
James Wilson
Trimmer
Stanford Alumni
Adams
Calif. Alumni
Brockway Tract Assn.
Co. of Placer
Whitaker
DATE
5/24/65
6/9/65
12/14/65
1/25/67
2/17/69
3/6/69
10/27/67
9/14/70
3/8/72
4/19/66
ACRES
100.33
30.
202.43
159.83
17.20
80.00
47.50
26.25
10.0
80.0
753.54
table 4D
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ECONOMIC SYSTEM
The economy of the Lake Tahoe Region was originally based
on logging and cattle grazing. By the turn of the century,
the economic base had shifted to recreation in the form of a
few large summer resorts. Residential development was gen-
erally limited to large estates and to small home tracts on
private and public land at various locations around the lake.
The recreational character of the region assumed new
dimensions after 1955 with the establishment of legalized
gaming casinos complete with entertainment, convention, and
hotel facilities. The 1960 Winter Olympics in nearby Squaw
Valley stimulated the development of a winter sports industry.
Improved transportation access spurred the growth in summer
outdoor recreation, tourism, and gaming; and maintenance of
all-weather highways assured the growth in winter sports.
Tahoe can be described as a "recreation destination area."
The economy has pronounce seasonal characteristics, and
virtually all the jobs are recreation oriented. Employment
in gaming, tourist, skiing, and construction industries
supply the economic base for a growing number of permanent
residents.
While tourism, skiing, and gaming all brought changes to
the Tahoe Region; the rising affluence and increased leisure
time of the 1960's brought a profound change in the form of
recreational land development. The market conditions for
recreational land development are ideal at Tahoe - high scenic
amenity and 200-mile proximity to major urban areas; and this
market has been skillfully exploited such that land develop-
ment, construction, and real estate now comprise a major
component of the economic base.
Most of the developments have been second-home subdivisions.
The subdivision approval rate has been consistently three
times the actual home construction rate. Increasingly, devel-
opments are featuring higher density condominium and townhouse
units. There is a trend toward planned recreation communities
which include various on-site amenities such as private
beaches, swimming pools, golf courses, tennis courts, marinas,
and ski lifts.
In the recreational land development boom of the 1960's,
local land use planning styles and assumptions could be des-
cribed as an overzealous desire to capitalize on the scenic
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and recreation amenities through uncritical accommodation of
speculative land development. Rising land values created by
the accelerated demand for land produced growing revenues for
the local government budgets.
Past practices of zoning at Tahoe have created existing
patterns of land use and anticipated future land use which
are strongly established and will be difficult to change. The
economic interests vested in these past patterns are enormous.
The economic adjustments to any new plans or development
constraints will be most difficult to accomplish.
The recreational development of Tahoe has produced an economic
benefit in terms of property tax revenues, and gaming,
construction, and sales receipts. However, such development
also has produced economic costs in terms of providing
utilities and services, and in terms of environmental degra-
dation.
The Tahoe Regional Plan, adopted December 1971, does not
deal explicitly with benefits and costs of development. How-
ever, a balancing is implied in that revenue may now be
derived only from those lands that are zoned as suitable for
development, and assessed valuations have generally been adjusted
to reflect the new zoning conditions. The environmental costs
are restated by internalizing within each development decision
the potential environmental damage. The costs of utilities
and services have not been adjusted however. The various
special purpose districts now find themselves with bonded
indebtedness incurred on the basis of past land valuations
which now can be paid only with difficulty because land
valuations are now revised.
POPULATION ESTIMATES AND PROJECTIONS
The recreational character of the Tahoe Region makes
population estimation and projection a most difficult exercise.
Various components of total population are present: permanent
residents, seasonal residents, second-home residents, motel/
hotel visitors, camper visitors, and day-use visitors. The
permanent resident component can be identified with some
precision by means of the census; however, these numbers
quickly become dated. The other components of total popula-
tion are highly variable. In view of the dynamic nature of
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population in the Tahoe Region, a peak seasonal population
number is commonly used as the population indicator.
The existing population has been derived by TRPA from census
data and economic activity analysis. The total existing
population estimate is 107,200, broken down into the following
categories:
Permanent residents 26,100
Seasonal residents 10,000
Second-home residents 32,000
Motel/hotel visitors 32,400
Camper visitors 6,700
Total 107,200
Since day-use visitors cannot be derived from land use analy-
sis, an estimate of this component is 22,500. Therefore, an
existing peak seasonal population number is about 129,700.
The potential population has been derived from the General
Land Use Plan map, the Land Capabilities map, and the General
Plan for National Forest lands. The numbers were compiled for
each of the 65 watersheds and for each political jurisdiction.
The dwelling units/acre allowed for each land use category
were modified by the allowable land coverage/acre for each
land capability level. Key assumptions regarding % occupancy
(80%), % build-out (100%), and persons/dwelling unit for each
land use category were applied.
Adjusted
Population = Acres x Dwelling Units x % Build-out x
acre
% Occupancy x Persons
Dwelling Unit
The potential population derived by the above analysis is
314,800. This number includes permanent residents, seasonal
residents, second-home residents, motel-hotel visitors, and
camper visitors; and is therefore comparable to the existing
population noted above of 107,200. The potential population
by political jurisdiction is shown in Table 5; separate columns
show the relative magnitude of potential residential and camper
visitors.
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TABLE 5
POTENTIAL POPULATION
Derived from Land Use and Land Capability Factors
100% Build-Out 80% Occupancy
RESIDENTIAL,
JURISDICTION HOTEL/MOTEL CAMPER TOTAL
Placer County 77,600 16,800 94,400
El Dorado County 53,000 21,800 74,800
City of South Lake Tahoe 70,500 400 70,900
Douglas County 38,400 2,700 41,100
Carson City 0 00
Washoe County 33,600 0 33,600
273,100 41,700 314,800
A potential peak seasonal population must include an additional
component of day-use visitors. The number of persons who may
visit the Basin is essentially uncontrolled (except perhaps
by highway, street, and parking capacity). A "blue sky" esti-
mate of roughly 50,000 people could conceivably visit the Basin
which would make the total potential peak seaonsal population
equal to 364,800.
Care must be used in reviewing these population numbers as the
derivation is based on some key assumptions which could easily
change. A 100% build-out and 80% occupancy at full build-out
level is an upper limit. There is serious doubt that those
levels will ever be reached due to any of several possible
(and at this time, uncertain) constraints: available water,
transportation access, air pollution regulations, and energy
shortages. A rate of growth of population is not implied by
these derivations. Although the potential population could
be construed as an "ultimate" population, no indication is
given as to how fast that level may be reached.
The "ultimate" population is not equivalent to a "carrying
capacity" population. TRPA's numbers are principally derived
from consideration of land use and land capability. Additional
considerations of water supply, air quality, water quality,
transportation access, traffic circulation and available energy
all need to be worked into the population numbers before a true
"carrying capacity" is defined.
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INFRASTRUCTURE
Land development and urbanization intimately depend on the
availability of an infrastructure of public utilities and
services. In the Tahoe Region, all of the traditional ele-
ments of infrastructure are present. Due to the geo-hydrologic
nature of the Tahoe Basin, water supply and waste disposal as-
sume key roles. Due to the nature of the air basin, traffic
circulation systems play a key role.
There are currently 82 separate water purveyors in the Tahoe
Region. The sources of water include wells, diversions from
Lake Tahoe, diversions from streams, and springs. The size
of the water systems vary from 2 to 2,300 customers. All
but a few of the present water distribution systems are in-
adequate, resulting in inadequate domestic service and fire
protection.
Wastewater disposal in the Tahoe Region is designed to pre-
serve the pristine clarity of Lake Tahoe. The waters of
Lake Tahoe are extremely nitrogen-sensitive; the discharge
of wastewaters to Lake Tahoe, even assuming application of
the best available treatment technology, would result in the
addition of nutrients which would promote accelerated growths
of algae leading to the rapid eutrophication of Lake Tahoe.
The overriding public interest in maintaining the clarity of
Lake Tahoe has been manifest by the following key actions
requiring export of all wastewaters.
1. The "Conference in the Matter of Pollution of the
Interstate Waters of Lake Tahoe and its Tributaries,"
sponsored by the States of California and Nevada and
the Federal Water Pollution Control Administration
(now EPA), held at Stateline, Nevada in 1966, recom-
mended that all sewage effluent be exported from the
Tahoe Basin.
2. In 1969, the California Legislature added Section
13951 to the State Water Code, which requires the
export of sewage effluent from the Lake Tahoe Basin
and prohibits the further maintenance or use of cess-
pools, septic tanks or other means of waste disposal
in the Tahoe Basin after January 1, 1972.
3. Nevada Governor Mike O'Callaghan issued an Executive
Order on January 27, 1971, prohibiting the use of
septic tanks in the Tahoe Basin after December 31,
1972.
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Federal construction grant funds and research and demonstra-
tion grant funds have been provided by EPA and EDA, and Cali-
fornia has offered loans and construction grants to assist
in construction of facilities. Figure 7 indicates the dis-
tricts in the Tahoe Basin involved with wastewater disposal.
Figure 8 shows the location of the treatment plants and export
outfalls.
Considerable progress has been made in completing the sewage
export systems. In California, virtually all wastewaters are
collected, treated, and exported. South Lake Tahoe wastewaters
receive advanced waste treatment (tertiary) prior to export out
of the Basin to Indian Creek Reservoir. Wastewaters from the
west and north shores currently receive primary treatment at
Tahoe City prior to being pumped to the Cinder Cone for disposal.
Waters percolating down through the volcanic cinders receive
additional natural treatment and subsequently emerge in springs
to flow into the Truckee River. The Cinder Cone is being used
as an interim disposal site pending construction of a major
regional sewerage system by the Tahoe-Truckee Sanitation Agency
(TTSA). EPA has published a draft and final environmental im-
pact statement on the proposed TTSA project; EPA anticipates
that state and Federal construction grants may be awarded by
June 30, 1975.
Similar progress is now being made in Nevada in completing
sewerage systems. Noting that certain areas of Douglas County,
Nevada were not adhering to the export schedules, EPA brought
suit against Douglas County to enforce a water quality standards
plan of implementation which requires sewering and export of
wastewaters from the Lake Tahoe Basin. On May 16, 1973, in the
United States v. Douglas County el al., the U.S. District Court
in Reno enjoined any issuance of building permits by Douglas
County after December 1, 1973, in Tahoe-Douglas District and in
Kingsbury General Improvement District, until sewerage facilities
are completed and in operation. Construction is well underway
with anticipated work to be completed in 1975.
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SEWERAGE DISTRICTS IN TAHOE BASIN
CALIFORNIA
NEVADA
figure
LEGEND
1. South Tahoe P.U.D.
2. Kingsbury G.I.D.
3. Douglas County S.I.D. #1
4. Elk Point S.I.D.
5. Round Hill G.I.D.
6. Tahoe — Douglas G.I.D.
7. Incline Village G.I.D.
8. Washoe County S.I.D. #1
9. North Tahoe P.U.D.
10. Tahoe City P.U.D.
11. Crystal Bay G.I.D.
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Solid waste generated within the Tahoe Region is collected
and exported to sanitary landfill sites outside the basin.
The general purpose governments have issued franchises to
various private refuse companies to perform the collection
and export service.
Essentially no physical facilities exist for the conveyance
of surface drainage waters and urban storm runoff. Surface
runoff constitutes a major source of pollution to Lake Tahoe
by transporting silt and sediment from disturbed lands, and
various contaminants from streets and parking areas. In
certain highly urbanized portions of the basin, drainage
systems and storm sewers are urgently needed.
Highways and local streets, while adequate for normal use,
experience severe overloading and congestion during periods of
peak visitor use. The congestion is especially acute in the
Stateline area where major resort casino-hotels attract large
numbers of visitors. Access to this major destination area is
complicated by the "strip" nature of development and severe
physical limitations for road access. The traffic congestion
creates a significant health and safety hazard in that emerg-
ency vehicles may be prevented from reaching the area. More-
over, the large volume of slow-moving congested traffic
increases the emissions of air pollutants which may seriously
degrade air quality.
EXTERNALITIES
The Tahoe Region does not exist in isolation. Signifi-
cant interactions occur between the Tahoe Region and surround-
ing areas. Among the interactions, land uses in areas
adjacent to the Tahoe Region, allocation of the water re-
sources, and disposal of waste residuals emerge as key issues.
The Tahoe Regional Planning Compact narrowly defines the
Tahoe Region to include the hydrologic watershed of Lake Tahoe.
While the Tahoe Regional Plan now controls land use within
that watershed, land uses outside remain under jurisdiction of
the respective counties. The TRPA's more restrictive zoning
and development controls have made permitted construction
more expensive. Seeking to avoid the higher costs and
controls, land developers are moving outside the basin
creating pressures to urbanize areas such as the Martis
45
-------
SEWAGE TREATMENT PLANTS
AND EXPORT LINES
I
WASHOE CO
PLACER CO
EL DORADO CO
LEGEND
A
o
figure 8
TREATMENT PLANT
INTERCEPTOR
INTERCEPTOR UNDER CONSTRUCTION
PROPOSED TTSA INTERCEPTOR &
TREATMENT PLANT
EXPORT LINE
CINDER CONE
TO CARSON RIVER
TO CARSON RIVER
TO INDIAN CREEK RESERVOIR
-------
Valley and Carson Valley (Figure 3). It is feared that
urbanization in these areas will increase the load on Tahoe's
transportation system and recreational resources, and lead
to further stress on the Tahoe environment.
The lack of housing to accommodate the seasonal hotel-casino
employees within the Tahoe Basin has also created pressures
to urbanize areas outside the Basin. For example, the Carson
Valley area is increasingly becoming the residential base for
people who work in the Stateline area. This type of commute
further contributes to traffic congestion and environmental
stress within the Basin.
The issue of allocation of water resources involves a
complex legal history of water rights. Despite the enormous
volume of Lake Tahoe, the area is generally considered to be
"water-deficient" with respect to competing uses of water.
The competing uses include municipal use in the Tahoe and
Truckee watersheds; agricultural irrigation use in the
Truckee and Carson watersheds; use to maintain stream flow in
the Truckee River (Floriston rates); and use to stabilize the
level of Pyramid Lake at the terminus of the Truckee River
(Figure 3).
In 1955, legislative action established the California-
Nevada Interstate Compact Commission to negotiate and enter
into a compact providing for equitable distribution and use of
the waters of the Truckee, Carson, and Walker rivers and
Lake Tahoe in both states. This Compact has allocated
34,000 acre-feet of water annually for use in the Lake Tahoe
Region - 23,000 acre-feet to California and the remaining
11,000 to Nevada. In addition, the Compact has recognized
and preserved the existing judicial decisions and decrees
which govern water use in the Truckee and Carson River
Basins. This Compact has been agreed to by both states, and
has been introduced to Congress for ratification (92nd
Congress, 2d Session, HR 15 and S. 3703). Congress has not
acted on the ratification however.
The proposed Compact and the existing uses of water must be
reconciled with the issue of the aboriginal rights asserted
by the Pyramid Lake Paiute Indians to the Truckee River
water. In October 1972, Federal Judge Gessell ordered the
Department of Interior to reduce diversions from the Truckee
River so that more water would remain in the River for the
benefit of Pyramid Lake. Interior has reported that increased
flow to Pyramid could not be reconciled with existing 'allocations
fixed by court decrees.
47
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The United States filed an original suit in the Supreme
Court against the States of California and Nevada to deter-
mine the water rights of the United States and to apportion
the remaining waters between the States of California and
Nevada. However, on June 11, 1973, the Supreme Court elected
not to hear the case. A suit was filed on December 21, 1973,
in the United States District Court in Reno, Nevada, seeking
essentially the same remedies. Also, the Alpine case for the
adjudication of water rights of the Carson River in Nevada
and California has been reactivated and, hopefully, following
completion of certain procedural requirements, will move to
final judgment and decree. The results of such pending liti-
gation may affect the quantity of water available for use
within the Lake Tahoe Basin and the Truckee Basin.
The disposal of waste residuals consists of export of solid
waste and treated wastewater to areas outside the Tahoe Basin.
Provisions are made to minimize the environmental impact on
the receiving area. However, due to sensitivity of the issue
of water quantity and water quality, continuing conflicts are
expected.
48
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THE TAHOE BASIN ECOSYSTEM
To "consider the effect of various actions in terms of their
environmental impact on the Tahoe Basin, treated as an eco-
system" requires an overview of the general ecological rela-
tionships and processes present in the Tahoe Basin.
Considerable knowledge has been gained from previous and
current research on the various facets of the ecology of the
Tahoe Basin. In fact, the land capability approach to the
Tahoe Regional Plan embodies most of this knowledge. Previous
sections of this Study have described the "macro" physical
factors of altitude, geology, climate, topography, and hydrol-
ogy which has shaped the contemporary environment of the basin.
This section discusses, in general, the "micro" ecologic
relationships in the context of a Tahoe ecosystem without
human intervention, and impacts to that ecosystem which may
result from man's habitation of the region.
The crystal clear quality of the waters of Lake Tahoe repre-
sents the most important ecological parameter. Lake Tahoe is
classified as "oligotrophic" indicating its low biological
productivity. The Lake naturally receives a very low
supply of nutrients. Moreover, the nutrient input is
thoroughly mixed through the great depth and volume of the
Lake such that the nutrient concentrations are very small.
Consequently, only very small populations of phytoplankton
(algae) could be sustained. The exceptional clarity of the
waters results from the relative absence of algal growth and
further represents a condition of stability in cycling nutri-
ents through the ecosystem. That such ecological stability
is "fragile" is indicated by the sensitivity of the waters to
the biostimulants nitrogen and iron. Accelerated algal
growth can be induced by incremental additions of these
elements to the waters of Lake Tahoe.
The soils of the region are derived from granitic rocks which
are coarse textured, low in water holding capacity, low in
plant nutrients, and have high erosion potential; and from
volcanic rocks which are finer textured, moderate in water
holding capacity, fertility, and erosion potential. The soils
formed in alluvium along margins of the Lake and adjacent to
stream channels are usually deep and high in nutrients, but
lack binding materials. The Tahoe Basin soils, developed over
centuries by weathering and natural vegetative cycles, are
widely acknowledged to be very unstable.
49
-------
The vegetation and plant community composition are intimately
interrelated to the soils, soil moisture, and the climatic
patterns. The region was endowed with vegetative cover rang-
ing from herbaceous plants, mountain meadows, riparian
growth, montane chapparal, to extensive coniferous forests.
The short growing season indicates that the native vegetative
cover is developed over a relatively long period of time.
The mutual relationship of vegetation with water and soils is
most important. Precipitation is intercepted in the crowns
of trees and in the ground litter. Evapotranspiration from
the leaves of vegetation depletes soil moisture and creates
a soil storage potential; runoff water from rain or melting
snow thus infiltrates down into the soil where it becomes
available for root uptake and groundwater storage. Vegetative
roots and ground cover further act to bind the soil matrix
together.
The watershed drainage basins act to convey surface (and
usually subsurface) runoff from rain and snowmelt. The rate
and amount of runoff is highly variable depending on the
physical characteristics of the drainage area.
The natural runoff process slowly erodes the land and trans-
ports the erosion products - sediment, dissolved minerals,
organic litter, nutrients - through the drainage course to
eventually reach Lake Tahoe where they are mixed, stored,
and/or utilized. Sediments are filtered and nutrients util-
ized in the delta marshes of tributary streams; particles are
mixed, deposited, and/or formed into beaches by shorezone
processes; organic materials are decomposed in oxygen-rich
waters; and the nutrients are utilized by the aquatic biota.
The exceptional clarity of Lake Tahoe could be maintained
indefinitely so long as the ecological cycles remained stable.
In terms of geologic time, Lake Tahoe can be expected to
slowly fill with sediment and slowly experience natural
eutrophication. By upsetting the natural cycles of the Tahoe
ecology, that geologic time-span can be considerably shortened
to the human time perspective.
Any assessment of the environmental impact of current
activities of man must appreciate that the Tahoe landscape
had already been extensively altered. For example, beginning
in the 1860*s, massive logging operations were carried out
to supply timber to the Constock mines in Virginia City,
50
-------
Nevada. Unfortunately, the ecological impact of that
logging operation on the water quality of Lake Tahoe was not
recorded; such knowledge would be most valuable in reviewing
the environmental impact of current activities.
Current activities of man leading to the urbanization of the
Lake Tahoe Region inevitably result in conflicts with the
natural dynamics of the ecosystem. Such activities may also
result in conflicts with the human values of visual beauty and
the human health associated with quality air. To the extent
that such conflicts result in degradation to the crystal
clarity of the waters or the alpine quality of the air in the
Tahoe Region, public policy must be directed to minimize such
degradation. However, public policy must be based upon an
understanding of the ecological processes at work.
The following ecological impact analysis process attempts to
translate land development into an expression of the differing
kinds of physical and biologic impacts on the land and water.
Such development includes residential, commercial, recrea-
tional land uses, and the transportation and public utilities
associated with such uses. The process utilizes two matrices:
Maxtrix I translates typical aspects of physical development
into generic first impact categories, Matrix II suggests the
types of potential impacts that can result from the generic
first impacts. This two-step process illustrates the "chain
reaction" effects of land development on the natural ecosystem
of Lake Tahoe. The possible resultant impacts on Matrix II
are ordered to reflect the cumulative impact from the initial
soil disturbance to the final receiving water.
The general ecologic relation of soil disturbance, impervious
surface coverage, increased surface runoff, increased erosion,
stream transport of sediment and attached nutrients to Lake
Tahoe, increased turbidity and accelerated algal growth in Lake
Tahoe is most important. The end product of this ecological
impact process is indicated by the clarity of the waters of
Lake Tahoe.
In addition to ecological impacts which may result from land
development per se, various environmental impacts may result
from man's habitation of the region. For example, emissions
from automobile traffic, space heating, and campfires may
adversely affect air quality. Shoreline construction may
interfere with littoral currents creating a water environment
51
-------
(0
o
Q.
MATRIX 1 *
DC
H
O
E
ui
z
111
o
£<
o
2
CD
C
Q.
Partial Tree Cano
Grass Removal
DEVELOPMENT ASPECTS
Clearing Trees & Undergrowth
Off-road Pre-construction
Equipment Movement
Site Stripping
Deep Trenching, compacted
Backfill for Utilities
Excavate for Roads,
Buildings, Garden
Compacted Fill for Roads,
Buildings, Patio
Uncontrolled, Uncompacted
Downhill & Piled Fill
Grading For Drainage
Swales & Structures
Underground Drain Lines
Deep Footings, Retaining Wall
Stockpiled Building
Materials
Curbs, Cutters, Diversion
Ditch
Buildings, Paved Roads,
Drives,
Parking Lots
Slope Erosion Control
Planting
Lawn, Garden & Golf Course
Prep, and Planting
Lawn, Garden, & Golf Course
Fertilization & Irrigation
Pedestrian, Equestrian Trails,
Camping Pads
X
X
CO
o
E
CD
DC
o>
co
2
CD
Complete Cover,
X
X
X
2!
D
CO
X
'5
CO
1
CO
CO
X
X
X
X
X
X
X
X
CD
3
co
8.
X
HI
'6
a
a>
CD
Q
X
X
X
X
X
o
«
o
X
LLJ
Unload Slopes —
X
X
X
X
L.
1
CO
CD
8-
CO
£
O)
1
X
X
X
X
X
Surface Comactio
X
X
X
X
X
X
X
X
X
X
X
Impervious Surfac
X
X
X
o
Q.
2
B
—
O
g
0
^
•a
CD
CC
Subsurface Water
X
X
X
X
X
X
X
o
s
c
CD
O
O
0
Subsurface Water
X
X
X
X
X
X
o -^
4-* h_
Surface Water Sh
Reduction or Inl
X
X
X
X
X
X
X
X
X
X
X
X
0
LL
0
'«*
«t
Unseasonal Surfa
Addition & Cone
X
X
X
o>
Creation of Air Bo
Particulates
X
X
X
X
X
X
X
X
X
52
-------
Ul
Air Pollution,
Visibility
X
x
x
Accelerate Lake
Eutrophication
x
x
X
X
X
X
X
X
x
X
Deposition of Eroded
Material (Sedimenta
*-*•
o
^
X
X
X
X
X
X
X
X
X
X
Increase Stream and
Lake Turbidity
x
x
X
X
X
X
X
X
X
X
X
[Increase Stream
Cutting
x
x
X
X
X
X
X
X
X
X
Increase Stream Flow
Intensity and Flood
Frequency
x
x
X
X
X
X
X
X
X
X
1 Loss of Soil Nutrients
x
X
X
X
X
X
X
x
X
1 Soil Slope Wash,
Billing, Gullying
x
x
X
X
X
X
X
X
X
X
1 Runoff Increase, Over
1 Flow
SO
^
Q.
X
X
X
X
X
X
X
X
X
X
Endanger Revegetatio
Plant Community
D
0^
X
X
X
X
X
X
X
X
x
X
x
X
X
X
I Change Water Table
x
X
X
X
X
X
X
X
V
X
V
X
X
ISoil Moisture Zone
Decrease
x
X
X
x
X
CO
o.
o
(£
§
i1
(D
5"
n
%
CD
X
X
X
X
X
X
V
X
CO
o a
03
CD i
D .*
5
CD
CO
c
3
tJ
X
X
X
X
X
X
x
X
x
X
X
Surface, Subsurface S
Pore Collapse and
Sealing
o
x
x
X
X
X
X
X
X
x
X
x
X
Soil Particles
Dislodged by
Water Drop Splash
x
X
X
X
X
X
Swelling & Loosening
and Weathered Roc
* (f>
o
X
X
X
X
X
X
X
X
i o
3 CO
H 55
en i""
m
T3
m
to
c
r-
r^
H GENERIC FIRST IMPACTS
Partial Tree Canopy, Understory,
Grass Removal
Complete Cover, Grass, Debris
Removal
Shallow Soil Exposure
Deep Soil Exposure
Unload Slopes — Excavation
Weight Slopes — Fill
Surface Comaction
Impervious Surface
Subsurface Water Reduction
Or Interruption
Subsurface Water Concentration
Surface Water Sheet Flow
Reduction Or Interruption
Surface Water Sheet Flow
Concentration
Unseasonal Surface Water
Addition & Concentration
Creation Of Air Borne
Particulates
2
x
-------
in which aquatic biota may flourish. Storm runoff carrying
deicing salts, oils, litter, etc., from streets and parking
lots may impact water quality in the streams and in the Lake.
Export of wastewater and solid waste from the Tahoe Basin
effectively avoids the direct impact of sewage discharge in
the basin on the quality of the waters; however/ it must
be noted that the construction of the sewer line itself cre-
ates an impact through the process of vegetation clearing,
trench excavation, and soil disturbance. Moreover, to the
extent that sewer lines leak (exfiltrate), sewers may
indirectly add to the nutrient load entering the Tahoe
ecosystem.
Man's activities in the Tahoe Region are significantly impact-
ing the ecological stability of the area - a stability which
represents ages of natural ecologic processes at work. Al-
ready there is evidence of seasonal growths of periphyton
(algae attached to bottom rocks) in the near-shore shallow
waters; and evidence of subtle color changes and decreased
clarity. To extent that Lake Tahoe continues to receive
sediment and nutrients derived from careless land development,
the change in Lake Tahoe's clarity may be irreversible.
54
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INTERGOVERNMENTAL
ACTIVITIES
COMPACT PROVISIONS/FEDERAL COORDINATION
The Tahoe Regional Planning Compact provides a strong basis
for coordination of governmental activities within the Tahoe
Region. The TRPA has the legislated goals:
• "To enhance the efficiency and governmental
effectiveness of the region.
• To harmonize the needs of the region as a whole,
the plans of the counties and cities within the
region, the plans and planning activities of the
state, Federal, and other public agencies and
non-governmental agencies and organizations
which affect or are concerned with planning and
development within the region."
The Compact further provides the mechanism for the cooperation
of the Federal Government with the Tahoe Regional Planning
Agency:
• "The Secretary of the Interior and the Secretary
of Agriculture are authorized, upon request of
the Tahoe Regional Planning Agency, to cooperate
with said agency in all respects compatible with
carrying out the normal duties of their Depart-
ments .
• The consent to the Compact by the United States
is subject to the condition that the President
may appoint a nonvoting representative of the
United States to the Tahoe Regional Planning
Agency's governing board."
In April 1970, President Nixon appointed the nonvoting Federal
representative to the TRPA. The Presidential Appointee imme-
diately formed a committee of Federal agencies, designated as
the Federal Coordinators Committee, to provide inter-agency
coordination with respect to development and implementation of
the Tahoe Regional Plan. The Committee, operating informally
55
-------
under the general direction of the Presidential Appointee, has
coordinated data inputs and assistance in preparation of the
Tahoe Regional Plan, provided review and comment on TRPA plan-
ning activities, and provided Federal views on specific
development proposals. In 1973, a Tahoe Executive Council
was formed to provide policy guidance to the Federal agencies.
The Council was a standing committee of the Natural Resources
Regional Council. Membership included Department of Agricul-
ture, Department of Interior, Department of Defense, Depart-
ment of Transportation, Department of Housing and Urban
Development, and the Environmental Protection Agency.
ANALYSIS OF AGENCY ACTIONS
To "examine the interrelationships and responsibilities of the
various agencies of the Federal Government and state and local
governments", and to perform such examination "in consultation
with" such agencies; Task Reports were completed by each
Federal and state agency which provided the basic information
for this section. The Task Reports provide for each agency
to discuss and self-analyze their agency's historical activi-
ties, current programs, coordination mechanisms, environmental
impact, and future activities.
From the data presented in the Task Reports, agency actions
and responsibilities are sorted into categories. Table 6
lists the current and immediate past activities of each Federal
and State agency carried out in the Tahoe Region.
56
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CRITERIA FOR CLASSIFYING AGENCY ACTIVITIES
1. Administrative & Advisory Responsibilities
a) Administration of grants for planning
b) Guidelines publication
c) Technical assistance, planning assistance
2. Functional Responsibilities
a) Major planning and feasibility studies
b) Design and construction and maintenance
c) Land or resources management
d) Administration of grants for construction & land
acquisition
3. Implementation and Enforcement Responsibilities
a) Standards setting
b) Monitoring & surveillance
c) Enforcement orders, actions
d) Review and issuance of permits
4. Research Responsibilities
a) Data collection
b) Mapping
c) Research, demonstration projects or grants
d) Historical records
57
-------
AGENCY
FEDERAL
EPA
USFS
HUD
CE
SCB
NP8
BOR
A KEY
water pollution control, technology
transfer
Technical planning assistance to 1-c
state air board* and local air
pollution districts, air implemen-
Technical planning assistance for 1-c
water quality management planning
(303-*) ; project planning and
design (201) ; areawide planning
(208)
tion Board
Tahoa Basin - Guides to Planning 1-b
Technical assistance to landowner 1-c
in forest management
•701" planning granta to TRPX 1-a
Flood Plain Management Services 1-c
and flood hazard information
Technical assistance to landowner! 1-c
through local Resource Conservation
Districts regarding erosion control
and revegetation
J KEY
to assist (75% share) in construc-
tion of municipal wastswater
systems
objectives: "General Plan of
Management for National Forest
Lands in the LaKe Tahoe Basin"
Recreation Development: Campsites, 2-b
trails, roads, visitor information
Administer special Dse Permits: 2-b
resorts, summer homes, water and
sewer lines, utility corridors
Wilderness land management, 2-c
Desolation Valley
Land acquisition program to 2-c
consolidate inholdings and acquire
shoreline within proclaimed
national Forest Boundaries
Open Space grants for land 2-d
acquisition
Administer* FHA mortgage insurance 2-d
program
Flood Control Projects 2-a, b
Lakeshore Study PL 91-425 2-a
Administer Land and Water Conserve- 2-d
tlon Fund grants to state and local
agencies and to Federal agencies
J KEY
Quality Standards for Interstate
Haters of Lake Tahoe
Enforcement actions to assure 3-c
compliance with waste discharge
permits
NPDB5 waste discharge permits for 3-d
discharge to Nevada waters
Wilderness Area Permit system,
off-road vehicle use, campground
regulations, burning permits, etc.
Special use permits on National 3-d
Forest Land
Regulatory permit for all 3-d
activities in or over the navigable
waters of Lake Tanoe
D^ KEY
a) "Surface Runoff to Lake Tahoe"
b) "Relationship between sewerage
construction and land use
patterns"
c) "Primary Productivity in Lake
Tahoe*
suitability, recreation use, trans-
portation, wilderness management,
salt damage to vegetation
Snow surveys 4 -a
National Register of Historic 4-d
Places
National Register of Historic 4-4
Landmarks
National Register of Natural 4-d
Landmarks
58
1of4
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USSR
HEW
USDS
DOT
NSF
BLM
SCS/UBFS
DOT/FHWA
STATE
BWRCB
•wnce/
LAMONTAN
Title I Higher Education Act, 1-a
Grant ta Lake Tahoe Environmental
Education Consortium to conduct
a coMBunity environmental awareness
t development program
Intermodel Planning Group planning 1-c
assistance to prepare TRPA's
unified transportation work program
\ KEY
Operation of Tahoe-Truckee-Carson- 2-c
Pyramid Lake water resource system
including management of Lake Tahoe
as a reservoir
Federal Highway Project: Kingsbury 2-b
Grade Forest Highway between Carson
Valley and Stateline
Participation in land exchanges 2-d
with QSFS
Hater quality management planning 2 -a
North Lanontan Basin
Hater rights administration 2-c
y*aj «<«»«•« state Clean Water Bond 2-4
progna to assist U2-V2* share) in
ooutroetion of Btmicipal vastewater
; KEY
Siltxtion progrsji. surveillance 3-b,c
and «leao op enf orceawot orders
HnforcesMat of violations of Mater 3-c
Pollution Control Policy end waste
discharge permit requireaMats
>*-<-«-*»> roderal WHM* waste 3-d
discharge permit system. Including
discharg* requirements on new
subdivision developments
» KEY
Heather modification 4-c
Streamflow, sediment, & nutrient 4-a,c
transport studies in Incline
Village area
Evaluation of highway erosion with 4-a,c
CA s KV Highway Departments
Data records of streanflow, 4-a
groundwater, water quality
Geologic mapping 4-b
Research Coordination Project, 4-c
grant to Lake Tanoe Area Council
Tahoe Research Group O.C. Davis, 4-c
multi-disciplinary research project
"Tahoe Soil Survey" 4-a,b
Research on revegetation methods 4-c
59
2 of 4
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AGENCY
PARKS & REC
STATE LANDS
CONSERVATION
FISH & SAME
BUR. SAN ENG
DOT
ARB
DWR
AERO
PLACER APCD
EL DORADO APCD
NEVADA
BEH
STATE ENOINEER
PARKS
FISH & GAME
WABHOE APCD
R KEY B KEY
Parks planning grant* to local 1-a
goverimnt*
A**i*t TRPA in administering 1-c
Shoreline Ordinance
Administrative aervice* to CA/HV 1-e
Compact ConmiMion
Operate* Lake Tahoe Hevada State 2-c
Park
Operate* thra« Stata Parka and ona 2-c
Recreation area
Administer* and control* all 2-c
submerged landa in Laka Tahoa
watarward of low watar markj
including laaaing of aueh landa
for private purposaa
Fira protaction, watarahad 2-c
protection, iniact control,
administer Stata Foraat Practleaa
Act i all on privata foreat landa
Studie* of Highvay-cauaad pollu- 2-a
tant*, raiaarch on drainaaa,
rav«gatation t air ami»ion«
•onitoring
Admlniatar watar filing* and watar 2-c
right* - ivirfaca watar* and ground-
watar*
tf ^T ^
C KEY |D KEY
Pollution abatanant ordar*, 3-c
matarial* in watar delatarioua
to fi*h and wildlifa
Raviaw • coaaiBnt to local gov't, 3-d
affact of *ubdivi*ion on atraaiu
Oonaatic watar aupply ragulation, 3-a,b,d
•onitoring, and u*a patmit*
Monitoring for aawaga contamination 3-b
in lakaa & atraap*
Air quality monitoring 3-b
D*« parmit for South Laka Tahoa 3-d
Airport and Trncka* Airport
Air pollution regulation* 3-a,b,c,
d
Air pollution regulation* 3-a,b,c,
d
Air pollution regulation* 3-a,b,c,
d
Enforcamant action* to aiaura 3-c
complianca with wa*t* diccharg*
parmit*
Air pollution regulation* 3-a,b,c,
d
Fi*haria* research 4-a,c
60
3 of 4
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AGENCY
STATE/FED
EPA CA-DWH,
SVVHCB IMV.BEH
ERA BOB BSFW
CA.FS.G NV-FSG
USFS CA-FOR
BSFW CA-F&G
NV-F&G
USDOT
NVUHIQHWAYS
USOOT
CA-DOT
JOMT STATE
RESPONSIBILJTY
SWRCB/LAHOPJT
IMV.BEH
CA-DOT
IV V. HIGH WAYS
C A- FORESTRY
MV- FORESTRY
\ KEY
Technical assistance to sewerage 1-c
districts l landowners regarding
water pollution control
Assist and consult with TRFA in 1-c
Timber Harvesting t Tree Cutting
Ordinance
J KEY
Forest Protection; fire prevention 2-b
Fisheries management, regulation, 2-c
and fish planting
State Federally Aided Highway: 2-a,d
relocate U.S. 50 Stateline to S.R.19
State Federally Aided Highway: 2-a,d
intersection t signals U.S. SO and
Pioneer Trail
Assist TRFA Basin-wide Transports- 2-a
tion Study
Highway maintenance, drainage and 2-b
•rosion control programs
* KEY
Joint nater Quality Investigation 3-b
Review t comment CE shoreline 3-d
permits
) KEY
40*4
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Several Federal and state agency actions have been taken under
the coordinated sponsorship of the Federal representative.
These actions were taken to lend Federal and state support to
TRPA during the critical period of plan and ordinance develop-
ment. These actions include:
1. The U.S. Army Corps of Engineers instituted a
moratorium on issuance of permits for struc-
tures in Lake Tahoe until TRPA completed a
shorezone plan and ordinance. California
State Lands Commission also suspended permits
issuance during this time. All of the Federal
and state agencies that normally review and
comment on such permits formally supported the
moratorium.
2. The Department of Housing and Urban Development
imposed a moratorium on FHA mortgage loan insur-
ance programs in the Basin until the General
Plan was adopted. The mortgage loan program is
now coordinated with the General Plan, and with
the availability of sewage export facilities,
such that FHA insurance is not available in
areas designated General Forest or in areas
lacking sewage export facilities.
3. The Forest Service deferred all actions on
National Forest lands until the "General Plan
of Management for National Forest Lands" was
completed and adopted.
Another significant step toward intergovernmental coordination
was recently sponsored by the National Science Foundation (NSF)
NSF has funded a project at Lake Tahoe to provide effective
coordination of environmental research and its application to
regional problems by all levels of government. This project
operates under the management of the Lake Tahoe Area Research
Coordination Board and is jointly administered by TRPA and
the Lake Tahoe Area Council. The Federal representative to
TRPA chairs the Research Board.
The primary objectives for the coordination of. research within
the Tahoe Basin are:
1. Stimulate and encourage research applicable to
supporting the objectives of the TRPA and other
Federal, state, and private agencies.
2. Develop a research needs program and establish
research priorities.
3. Coordinate participation by all elements of the
research community (government, academic, private
and industrial).
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INTERGOVERNMENTAL PROBLEMS
Given the very wide range and diversity of Federal and state
agency actions in the Tahoe Region as shown by Table 6
it could well be expected that intergovernmental problems
exist. Governmental activities, services, funds, and regula-
tions at the Federal and state level interact with the TRPA,
general purpose local governments, special purpose districts,
and with the private sector with varying effectiveness.
Intergovernmental problems have been noted in the following
general areas: Federal policy, sewerage, air quality, erosion
and sedimentation control, water supply, transportation, and
regulation of private development.
FEDERAL POLICY
On December 18, 1969, consent of Congress was given to the
Tahoe Regional Planning Compact. While confirming the "Find-
ings and Declarations of Policy" as adopted by the States of
California and Nevada, Congress did not articulate a specific
Federal policy with respect to the Lake Tahoe Basin.
The Federal agency administrative structure is not monolithic,
speaking with one voice, acting with central authority.
Rather, it is a set of discrete agencies each pursuing
separate objectives dictated by separate legislation. The
lack of an explicit Federal policy towards Lake Tahoe has
resulted in ad hoc policy being carried out by each separate
agency. Such ad hoc policies are usually founded upon
national objectives and therefore may lack the necessary
specificity towards Lake Tahoe.
The national interest in the Lake Tahoe Basin is considerable.
The lack of an explicit Federal policy towards Lake Tahoe
has compounded the task of protecting the national interest
and conserving the public environmental values. It has
frustrated the task of resolving the use of land in the best
interest of both public and private sectors. And, it has
made truly effective Federal agency coordination an unreachable
ideal.
The lack of Federal vote vested in the Federal representative
to the TRPA has been noted. However, in the absence of
a Federal policy towards Lake Tahoe, any Federal representa-
tive would not have a firm basis for expressing the national
interest by means of a vote.
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SEWERAGE
The discussion of intergovernmental problems with respect to
sewers is largely in the historical context since most of the
major sewerage systems are now in place. However, it may be
instructive for future Federal policy to briefly review this
example.
The intergovernmental coordination in implementing the sewage
export mandates has been exemplary. Local governments and
sanitary districts have planned and constructed major engineer-
ing works (and incurred substantial bonded-indebtedness, see
Chapter VI, Economic Factors). The Nevada BEH and California
SWRCB have placed Tahoe sewer projects high on the priority
lists; moreover, the SWRCB has made loans and grants to assist
in construction of facilities. The EDA has granted economic
development funds to assist in construction. The EPA has
applied construction grant funds to further assist in con-
struction, and has entered enforcement proceedings in order
to expedite the construction of sewers and export of waste-
water. The USFS has provided funds to sewer campgrounds and
public facilities; and has made available National Forest
lands (Cinder Cone) for the interim disposal of wastewater
exported from the north shore. HUD has placed a moratorium
on FHA loan insurance until such time as sewerage facilities
are available.
The problems are shown on a broader scale than sewer per se,
and relate to the concepts of urban infrastructure and com-
prehensive land use planning. The thrust of local land use
planning over the past decade at Lake Tahoe has tended to
focus on the spatial distribution of uses as contrasted to
the intensity of uses. Construction of sewerage infrastruc-
ture was in response to environmental quality problems viewed
only in the spatial context. However, the subsequent high in-
creases in use density made possible by the availability of
sewer capacity may lead to further environmental problems.
The impact of low density residential use is tightly controlled
by the TRPA land use ordinance, while the environmental impacts
of high density and commercial development are presently not
tightly regulated. For example, traffic congestion and air
pollution remain to be fully addressed by TRPA.
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In the past, EPA has funded development and expansion of
sewer interceptors, treatment plants, and export lines with-
out a careful analysis of the basis for the population pro-
jections used to determine sewerage capacity. With respect
to current land use zoning and densities set forth in the
Tahoe Regional Plan, several of the existing sewerage systems
are oversized. EPA is now paying careful attention to the
question of population and sewer sizing in planning new pro-
jects. For example, in determining the capacities eligible
for Federal grant assistance in the proposed TTSA facility,
EPA rigorously analyzed the demographic population forecasts
in an environmental impact statement.
AIR QUALITY
Given that the topography and meteorology of the Tahoe Basin
are such as to cause frequent inversions trapping air pollu-
tants within the Basin, and that degradation of the quality
of the air may be expected as a result of increasing urbani-
zation, automobile traffic, and visitor use; it is essential
that air pollution control become a major governmental func-
tion in the Tahoe Region. The opportunity now exists to move
to prevent serious air pollution. However, the traditional
fragmented jurisdictions and responsibilities could preclude
an effective air program.
The Tahoe Region is split by the stateline into the Sacramento
Valley Intrastate Air Quality Control Region and the Northwest
Nevada Intrastate AQCR. Separate air pollution control regula-
tions designed to insure compliance with the Clean Air Act have
been adopted by the California ARE and the Nevada BEH; such
regulations appear in the state air implementations plans as
approved by EPA. The regulations are administered and enforced
through local air pollution control districts - El Dorado County
APCD, Placer County APCD, and Washoe County APCD. In Carson City
and Douglas County the regulations are administered and enforced
by the Nevada BEH.
The Tahoe Regional Planning Compact allows TRPA to engage in
interstate activity for the control of air pollution. TRPA
has formally resolved that air pollution planning and control
is a necessary adjunct to its land use and transportation
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planning, and that Federal funds should be sought from EPA
under Section 106 of the Clean Air Act to carry out such a
program. However, Federal planning funds under Section 106
may only be applied to an interstate AQCR, and the Tahoe
Basin is presently split into two intrastate regions.
In addition, EPA is currently proposing regulations to prevent
the significant deterioration of existing high quality air.
The specific application of these regulations to the Tahoe
Region is highly uncertain at this time. However, it is ex-
pected that the issue of significant deterioration of the Tahoe
air quality will be very important with respect to future deve-
lopment in the Tahoe Region.
There is now a present and future need to clarify and simplify
the intergovernmental structure to efficiently and effectively
deal with the air quality issue in the Tahoe Region.
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EROSION AND SEDIMENTATION CONTROL
In Chapter V, the "Tahoe Ecosystem", a detailed account of
land development activities and associated ecological impact
was presented. To a large extent, the "fragile ecology of
Lake Tahoe" is shown by the linkage between land disturbance
and water quality degradation.
The control of non-point runoff of sedimentl/ to Lake Tahoe is
a most difficult legal and intergovernmentaT problem. Any
attack on the problem must recognize that the causes of such
pollution are not easily identifiable waste discharges from
definable sources. Moreover, the legal tools currently avail-
able to many of the agencies to deal with the problem are
ambiguous and limited. The problem is not amenable to simply
better interagency coordination; sharper legal tools are needed
as well.
Various Federal and state agencies, TRPA, and local govern-
ments are involved in erosion and sedimentation control. A
brief discussion of each agency's regulatory program follows:
1. The Environmental Protection Agency has approved
Federal/State Water Quality Standards for Lake Tahoe.
These standards are receiving water quality criteria
and are not directly related to the loading of sedi-
ments and nutrients carried by the runoff into Lake
Tahoe. Enforcement actions for water quality stand-
ards violations due to sedimentation were not filed
in the past due to difficulties in identifying the
specific source of the sediment and directly relating
it to water quality degradation.
In the Federal Water Pollution Control Act of 1972,
EPA's siltation enforcement authority was signifi-
cantly limited. Section 301(a) states that "the
discharge of any pollutant by any person shall be
unlawful" except as in compliance with Section 402.
The "discharge of any pollutant" is defined in Sec-
tion 502(12) as "any addition of any pollutant to
navigable waters from any point source." Section
502(14) further defines a point source as "any dis-
cernable, confined and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel,
conduit ." Section 402 provides for the issuance
of a NPDES permit for point source discharges.
I/ Sediment is used an an "indicator" to simplify discussion.
A wide variety of pollutants may actually be present in
the surface runoff waters.
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In other words, EPA may control the discharge of
sediment to Lake Tahoe only if there is a point
source discharge. The most effective control me-
chanism is the issuance of an NPDES permit to the
point source. In the event of violation of the
permit, discharges without a permit, or discharges
in violation of the principal regulatory provisions
of the FWPCA, EPA may institute enforcement action
under Section 309 of the Act.
2. The Soil Conservation Service is active in assist-
ing in erosion control methods on private lands.
The SCS assistance is directed through resource
conservation districts in California and Nevada.
This program could lead to the development of pre-
ventive techniques, however, it has always been
underfunded.
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3. The California SWRCB and the Lahontan Board have
an extensive program for erosion and sedimenta-
tion control in the Tahoe Basin. To implement
the Federal/State Water Quality Standards of Lake
Tahoe, the Lahontan Board uses authority of the
Porter-Cologne Water Quality Control Act to place
waste discharge requirements on all discharge of
waste to the surface waters of the Lake Tahoe Basin.
(California administers the Federal NPDES permit
program. For point sources, the waste discharge
requirements become an NPDES permit.) In the event
waste discharge requirements are violated, the
Lahontan Board may issue an order to cease and
desist. If the cease and desist order is violated
civil liabilities may be incurred up to $10,000 for
each day of violation. In addition to cease and
desist proceedings, the Lahontan Board may issue a
cleanup and abatement order. If compliance with
the cleanup and abatement order is not shown, the
state Attorney General may repition the Superior
Court for injunctive relief.
The Lahontan Board's siltation program rests on the
provision of the Federal/State Water Quality Stand-
ards which prohibits the discharge of solid or liquid
waste materials, including soil, silt, clay, sand,
and other organic and earthen materials, to Lake Tahoe
or to any tributary stream; and the discharge of said
materials to lands within the 100 year flood plain of
any tributary stream.
In March 1973, the Lahontan Board adopted "Guidelines
for Implementation of Siltation Provisions." Pursuant
to these "Guidelines", waste discharge requirements de-
signed to control site erosion and runoff are established
for land development and building construction. Recog-
nizing that traditional discharge requirements (i.e.
effluent limitations) are generally not fully effective
to control erosion, specific source control measures
are prescribed. (Specific source control measures are
possible under the California Water Code by treating
the sediment discharge as a solid waste rather than a
liquid waste.)
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Lahontan's "Guidelines" have generally been effective.
However, for more efficient long term implementation
of erosion and sediment controls, such waste discharge
requirements and source controls should be internalized
into the normal land development review process by local
governments and by TRPA since each has specific land use
authority.
The Nevada BEH "Regulations Governing the Lake Tahoe
Watershed" specify in Regulation 12: "The discharge
of sewage, sewage effluent, trash, debris, or waste
of any kind, liquid or solid into the waters of Lake
Tahoe is prohibited." Further, under the Regula-
tion 1, a written permit is required before any work
is commenced for construction of any building, water,
sewerage, or drainage system. These Regulations could
provide the basis for a siltation control program on
the Nevada side, however, they have not been implemented
to achieve such an objective.
The California Department of Fish and Game has authority
to issue pollution abatement orders to stop the dis-
charge of materials deleterious to fish and wildlife.
The success of this control program has been mixed be-
cause Section 5650 of the Fish and Game Code does not
specifically define silt and sediment as materials
deleterious to fish life.
The TRPA land use plan and various ordinances recognize
the inherent capability of the land to withstand develop-
ment without causing increased erosion and sedimentation.
However, the ordinances must be enforced arid aggressive
field construction inspections carried out.
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The widespread and transient nature of the problem has made
erosion and sedimentation control a most difficult exercise.
The legal and administrative authorities are limited in scope
and application. The need is for clarification of legal
authorities, and for a unified and coordinated intergovern-
mental approach to control.
WATER SUPPLY
The California-Nevada Water Compact which proposes to allocate
the waters of Lake Tahoe and the Truckee River to each state
is not yet a reality; it remains to be ratified by the U.S.
Congress. However, the allocation to the Tahoe Basin has
become so familiar that it is used as a de facto water policy
despite its present lack of legal validity.
The ultimate planned development and the rate at which that
development occurs in the Tahoe Basin may be conflicting with
the amount of water which may be available either under the
proposed Water Compact or as a result of water rights
litigation. Nevertheless, development is proceeding without
a full reconciliation between development and available water.
There is a primary need to coordinate water rights administra-
tion in each state with land use planning. The California
SWRCB and the Nevada DWR each need to keep better records in
order to provide the land use decision-makers with up-to-date
records of water rights, permits, applications with respect to
available remaining supply. That task is made difficult by
the existing water supply arrangements with some 82 water
purveyors tapping water from springs, wells, and lake intakes.
There is therefore a secondary need to better coordinate water
service through actions of the Public Utility Commissions and
Local Agency Formation Commissions.
In a larger sense, the governmental agencies that manage the
water resources and regulate water use in the Tahoe Basin have
not fully considered the cumulative effect of the decisions
made at Tahoe on downstream interests. The current legal
fight to establish the Paiute Indians' aboriginal rights to
water to sustain a native fishery in Pyramid Lake may have
major implications for future development and water use in
the Tahoe Basin.
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TRANSPORTATION
Intergovernmental problems with respect to highways are minor.
Most major access roads have been built and virtually all new
roads and improvements within the Basin are held in abeyance
pending completion of the Transportation Plan. The State of
California is presently declassifying the Westshore Freeway
route. The State Highway Departments have developed extensive
coordination mechanisms with other agencies and local interests,
However, immediately outside the Basin a project is underway
which shows an apparent lack of intergovernmental coordination.
In Chapter III the economic aspects of gaming and employee
housing in the Stateline area was discussed. The external
effect was noted in that the low supply of suitable employee
housing in the Tahoe Basin was creating pressures to urbanize
the Carson Valley to provide housing. The highway link
between the Carson Valley and Stateline consists of State
Route 19 over Kingsbury Grade - a treacherous route, particu-
larly in the winter season. The U.S. Forest Service, Through
the Federal Highway Administration, is constructing major
improvements to that road as a Federal Highway Project -
Kingsbury Grade Forest Highway.
This road improvement, by accommodating the commuter traffic
between Carson Valley and Stateline, may increase the traffic
to the already severely congested Stateline area. Pressures
to upgrade streets, build parking lots, and re-route to a
by-pass highway greatly compounds the development of a
Transportation Plan for the Tahoe Basin.
REGULATION OF PRIVATE DEVELOPMENT
The Tahoe Regional Planning Agency is the central public
institution with authority to regulate private activities; in
particular, the regulation of the use of private lands. The
legal foundations for such regulation are embodied in the
Tahoe Regional Plan. While implementation of the Land Use
Ordinance has apparently been successful (within the constraints
of Compact limitations as discussed in the next chapter), land
use regulation, by itself, cannot fully provide the regulatory
framework to adequately control private development. The full
range of planning elements as specified in the Compact are
necessary. To the extent that the Tahoe Regional Plan is
incomplete, the regulation of private development suffers.
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But the Tahoe Regional Plan must be implemented by the TRPA
in the context of all other Federal, state, and local actions
occuring in the Basin. The major infrastructure elements of
water supply, sewage disposal, and transportation which are
presently provided by Federal, state, and local agencies may
accommodate or stimulate development in the private sector.
The major enforcement actions in air pollution control and
water pollution control carried out by Federal, state, and
local agencies may further influence development in the
private sector.
The central point here is that truly effective regulation of
private development depends on a coordinated Federal, state,
TRPA, and local governmental strategy to integrate 'planning,
regulation, and enforcement into a unified plan of environ-
mental protection. That level of intergovernmental coordina-
tion has yet to be achieved in the Lake Tahoe Basin.
ECOSYSTEM MANAGEMENT
The planning and regulation of land use, water quality, and air
quality in the Tahoe Basin take the traditional form of managing
the individual resources of land, water, and air to conform to
desirable "end-states". For example, the Tahoe Regional Plan
defines, by means of maps and policies, the "ultimate" pattern
of land use consistent with the capability of the land to with-
stand development. The Water Quality Standards define, by means
of static indicators, the "ultimate" physical, chemical, and
biological condition of the waters consistent with maintaining
its purity and clarity. The National Ambient Air Quality Standards
define, again by static indicators, the "ultimate" composition of
the air consistent with public health criteria.
By focusing on the end condition not-to-be-exceeded, we lose
sight of the dynamics of change associated with individual de-
cisions made over time. Each land use development approved,
while perhaps consistent with the planned "end-state", contri-
butes to an increment of cumulative and synergistic ecological
change - each square, foot of impervious surface changes the
hydrology, each pound of sediment and nutrients changes the
productivity of the waters, each pound of air pollutants changes
the atmospheric quality. It is quite possible that the sum of
the individual decisions and ecological changes could result in
(a) an "end-state" being exceeded, (b) an "end-state" being
reached "prematurely", or (c) the "end-state" for one media
being satisfied at the expense of violating the "end-state"
of another media.
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The "end-state" concept, while theoretically useful for indi-
vidual media as a planning target, may be irrelevant to guiding
the complex growth processes to meet the objective of "preserving"
the fragile ecology of Lake Tahoe." Rather, what is needed in an
ecologically sensitive area such as Tahoe is a "threshold" con-
cept - an approach which can assess synergistic rates of ecologi-
cal changes, compare the rates of change to threshold values
beyond which ecological damange occurs, and provide feedback and
warning signals to guide decision-makers in managing the growth
process.
Many agencies and organizations are active in research, data
collection, and trend monitoring of environmental conditions
at Lake Tahoe. Some of the water quality research for example
can be viewed as initial phases of work toward defining thres-
holds of nutrient input, lake fertility, and phytoplankton
growth. However, the majority of the environmental research
and monitoring, while providing some environmental and ecolog-
ical feedback to decision-makers, is not designed to achieve
an objective of "thresholds" management. A "thresholds" con-
cept for ecosystem management could be implemented within the
existing planning, regulatory, and research communities if
specific direction or authorization could be mandated.
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ENVIRONMENTAL IMPACTS
To "consider the effect of various actions in terms of their
environmental impact on the Tahoe Basin, treated as an eco-
system" mandates a review of the diverse set of activities
of the Federal and state agencies as well as the activities
of the Tahoe Regional Planning Agency. Given the definition
of the "Tahoe ecosystem" as presented in Chapter V, any macro
analysis of agency activities and intergovernmental problems
with respect to the micro details of the ecosystem would be
quite cumbersome, and accordingly a generalization of environ-
mental impact will be presented.
There are two basic types of actions which may yield an environ-
mental impact - public actions and private actions. A public
action by itself may yield a direct environmental impact.
Alternatively, a public action may yield an indirect environ-
mental impact by making a private action possible, or by
regulating a private action. Therefore, public agencies are
accountable for the impact of their own actions as well as
actions they stimulate or regulate in the private sector.
Reviewing the public actions of the Federal and State agencies
as complied in Table 6 reveals that several categories of acti-
vities do not yield an environmental impact. For example,
"Administrative and Advisory Responsibilities" in Table 6A and
"Research Responsibilities" in Table 6D are not associated with
producing an impact although they may be associated with miti-
gations of impacts.
On the other hand, "Functional Responsibilities" in Table 6B
are direct actions of public agencies which may produce an
environmental impact. For the sake of analysis, three generic
areas of functional responsibility are extracted from Table 6B,
and certain activities within each area are listed and the gen-
eralized environmental impact is noted.
1. Resources Management
a. Water resources system operation; Varying the
water storage pool in Lake Tahoe contributes
to increasing wave cutting of the shoreline and
beach erosion, which in turn creates conditions
of turbidity in near-shore areas.
b. Land acquisition; Placing more private land
under public ownership decreases the supply
of private lands which may act to increase use
intensity on the remaining private lands. At
higher density, increased traffic congestion
increases automobile emissions which degrade
air quality.
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c. Fire control: Fire prevention and aggressive
wildfire suppression have reduced the average
annual burned acreage, resulting in an asso-
ciated increase in fuel mass.
2. Resources development
a. Campgrounds and state parks; Providing recrea-
tional facilities may attract increased visitor
use. Localized impacts include creation of im-
pervious surface (roads, camping pads, pedestrian
compaction) and associated runoff and water quality
effects; vegetation damage; and interference with
wildlife habitat. Areawide effects include in-
creased traffic and congestion producing increased
automobile emissions which degrade air quality.
3. Infrastructure
a. Highways and highway maintenance; Although new
highway construction is presently held in abey-
ance, the continuing runoff from the existing
impervious highway surface, and erosion of cut
and fill slopes seriously threatens water quality
in Lake Tahoe. Deicing sand and chemical salts
used on winter roads enter the hydrologic cycle
through the runoff process and therefore further
contribute to water quality problems and vegeta-
tion damage.
b. Sewerage facilities; Direct impacts of the tradi-
tional trench-and-fill placement of sewer lines
in the fragile soils creates soil disturbances
and erosion potential with the consequent threat
to water quality. Indirect impacts result from
the urbanization which the sewerage facilities
accommodate.
In Table 6C "Implementation and Enforcement Responsibilities"
various public activities are carried out to regulate the effects
of private (and public) activities. Of primary interest are the
regulatory mechanism to prevent water pollution and air pollution.
The legal and intergovernmental problems in carrying out these
regulatory activities were noted above. To the extent that effec-
tive regulations cannot be carried out, increasing water quality
degradation and increasing air quality deterioration can be ex-
pected to result.
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IDENTIFICATION OF OTHER
PROBLEMS
One of the more important aspects of the current situation at
Lake Tahoe is the issue of "What the future of Tahoe should be."
Over roughly the last decade an intense controversy has raged;
and yet, a final resolution is still not in sight. Two impor-
tant factors influence the issue: the competing interests and
expectations; and a political and institutional forum within
which those interests can be reconciled.
In general, there are three competing interest groups, each
with their vision of Tahoe:
1. Those who believe that continued urbanization with
minimum environmental controls is necessary to
realize business opportunities and economic
prosperity.
2. Those who believe that urbanization could proceed
but only within the narrow constraints of environ-
mental capability.
3. Those who believe that urbanization has proceeded
too far and that a no-growth policy (and a
possible roll-back) is warranted.
Each group recognizes and appreciates the beauty of Lake Tahoe
per se. Each group further recognizes that urbanization and
development on private lands has proceeded too far to recap-
ture the essence of Tahoe through a national park (such as
Crater Lake). The issue is principally founded upon urban
form, scenic beauty, public access, recreational opportuni-
ties, and property rights.
Compounding the issue of these competing interests is the lack
of a clearly defined constituency of residents - a Tahoe
community. The landowners/taxpayers are largely absentee,
and are not organized. The majority of interests originate
from outside the Tahoe Region, and attempt to influence a
political and institutional structure within the Tahoe Region.
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The search for a political and institutional forum to address
and resolve the various interests has been long and frustrat-
ing. For the past four years the Tahoe Regional Planning
Agency has been the institutional focus for an attempt to come
to grips with "what the future of Tahoe should be." The
Compact created TRPA "to adopt and enforce a regional plan of
resource conservation and orderly development, and to exercise
effective environmental controls...." The Compact further
specifically defined and limited the powers and authorities of
the TRPA to carry out such mandate.
The Tahoe Regional Planning Compact is the first national
attempt to lodge environmental planning into an interstate
regional context. Any newly formed agency with such a broad
mission may expect some rough sledding in its formative years,
especially in view of the level of controversy at Lake Tahoe.
The TRPA must deal with such substantive questions as:
1. The constitutional rights of individual property
owners vs. environmental mandates.
2. The socio-economic development of a resort
destination area whose environment is potentially
threatened by the very groups who seek such
environmental amenity.
3. The daily maintenance of political balance
among environmentalists, landowners, land
developers, and governmental jurisdictions
within the Basin.
The Tahoe Regional Plan as adopted to date by TRPA is in com-
pliance with the mandate of the Compact. However, the Plan
does not satisfy and resolve the interests and expectations of
all groups. Those who believed that further growth and devel-
opment would cease upon adoption of a Plan have been disap-
pointed as new structures, approved as in conformance with the
Plan, rise on the Tahoe landscape. Conversely, those who
intended to develop their property have been dismayed as the
Plan severely limited the anticipated use.
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The TRPA is under continuous pressure to compromise long-range
environmental goals for short-term economic gains. With each
decision of the Governing Body, the interests further diverge
and the political and institutional structure of TRPA is
further stressed. At this crucial juncture in the life of
TRPA, it is most important to understand why TRPA has not
been able to fully reconcile the various interests and expec-
tations. The following sections discuss several aspects of
the problem.
PUBLIC PARTICIPATION
One difficulty which TRPA is experiencing in reconciling
various interests and accommodating them in the implementation
of the Plan is in the area of public participation. Partici-
pation requires information, and there are two areas where the
"public" has not been fully informed:
1. The "public" has not been fully informed of the
purposes of the Tahoe Regional Planning Compact,
and the legal powers and procedures which are
specified therein. A conflict is inevitable where
an interest group expects an action or result which
is outside the legal authority of TRPA to
perform.
2. The "public" has not been fully informed of the Tahoe
Regional Plan and the ordinances which implement that
Plan. The ordinances are very complex instruments
which attempt to link the ecological factors of the
Basin to the legal tools available to TRPA. A
conflict results when either the ecological factors
or the legal tools are misunderstood.
The public meetings sponsored by EPA for this Study to gain
insight from "members of the public" produced a remarkable
consensus of citizen frustration in an inability to partici-
pate in and influence the course of TRPA decision-making. The
fact that citizen representation through an elected Governing
Body does not presently exist under the Compact should not
preclude a role for citizen participation.
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COMPACT LIMITATIONS
The Compact did not constitute TRPA as a regional government
for the Tahoe Region. Rather, it established a planning
agency with a very limited set of legal powers to implement
the specified plans.
The Compact mandates that the TRPA shall follow the policy
direction of "resources conservation and orderly develop-
ment." The Compact gives no direction as to the suitability
of development in the Tahoe Basin. A lack of suitability
criteria has greatly contributed to the social, economic,
and environmental conflicts noted above.
The principal legal tool granted TRPA is the police power -
the power to regulate individual activity in the interest of
the safety, health, and well-being of the whole population.
TRPA exercises the police power in its planning, zoning,
subdivision, and development standards activities. The
ordinances and regulations adopted by TRPA provide for
minimum regional standards to implement the Regional Plan.
The Compact did not grant TRPA the additional powers normally
exercised by a traditional general purpose government. TRPA
does not have the legal authority to: (1) assess property
and impose taxes to raise operating revenue or to support a
bonded indebtedness; (2) accept, hold, or acquire real
property; (3) exercise the power of eminent domain to take
private property, for fair compensation, for a public purpose.
The Compact further limits the powers of TRPA by excluding
the regulation of gaming on land zoned for such activity in a
Master Plan approved on or before February 5, 1968. This
limitation is very serious by virtue of the fact that contin-
ued expansion of gaming facilities can effectively invalidate
TRPA's land use and transportation plans due to the nature of
economic activity associated with gaming (hotels, motels,
service facilities, employee housing) and the automobile
traffic (with associated air pollutant emissions) generated
by the gaming facilities. Such exclusion also acts to
heighten the tension between the States of California and
Nevada regarding the gaming industry at Lake Tahoe.
The Compact provision for "a majority vote of the members
present representing each state to take action with respect
to any matter" is a serious limitation on the ability of TRPA
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to effectively function as a bi-state agency. The dual major-
ity provision can and does allow one state to refuse to coop-
erate or compromise with the other state. A motion could get
a 7-3 majority and still fail. The inability of TRPA to
either approve or deny a motion results in a decision by
default as the 60-day review period expires.
Other equally important Compact limitations are discussed
below in the context of financial problems, legal problems,
and enforcement problems.
LOCAL/NONLOCAL ISSUES
The legislative deliberations in each state in formulating the
Compact were marked by conflict over the question of determin-
ing the balance to be struck on the TRPA Governing Body between
representatives of local governments, on one hand, and repre-
sentatives of the broader public interests, on the other.
Despite the intention of the original bill to give these
latter interests the upper hand, the act as it finally emerged
provided that six out of ten voting members would be represen-
tatives of the local governments in the Basin.
Given the dominant local representation, many people concluded
in despair that despite the creation of TRPA, the fate of Lake
Tahoe basically remained in the hands of those who had already
proved unable to confront the problems of environmental
degradation. Accordingly, there have been many calls for
institutional restructuring to give nonlocals the majority
representation. The assumption underlying the call to change
the membership formula is that there is a fundamental local/
nonlocal conflict at work in environmental decision-making
at Tahoe; and that the voting behavior of the Governing Body
reflects this conflict.
A comprehensive study of voting behavior on the TRPA Governing
Body was performed by the Tahoe Research Group, U.C. Davis
(Costantini, et. al.). Analysis of the roll-call votes was
made for each state delegation (due to the double majority
rule noted above) over the period April 1970 to January
1973. Local/nonlocal voting differences are evident only
for the California delegation; the data indicates that
California locals are somewhat less responsive to environmental
values than nonlocals. The data do not show that locals are
to a man and on every issue hostile to the achievement of
environmental values. Conversely, nonlocals are not uniformly
and in every instance favorable toward pro-environmental
policy positions. These results, therefore, do not neces-
sarily lead to the conclusion that the balance of power
should be shifted to nonlocals.
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In this respect, the California legislation sponsored by
Assemblyman Z'Berg (AB1944) and signed by the Governor on
October 1, 1973, is of particular interest. One of the provi-
sions of the bill increases the number of nonlocal members of
the CTRPA from two to three and adds, as a seventh member, a
chairman to be selected by the other six. This change in
California law will not affect the composition of California's
delegation to TRPA under the Compact.
While California's action may be an initial step toward recon-
stituting the bi-state TRPA, the interim result is to create
a rather cumbersome decision structure. Presumably, with
greater nonlocal representation, the CTRPA would act to impose
higher standards than TRPA in the California portion of the
Basin; however, based on the past local/nonlocal voting
behavior, there is no assurance that this would indeed happen.
PLAN IMPLEMENTATION/LEGAL
The adoption of the Tahoe Regional Plan constituted a major
and comprehensive re-zoning of the lands in the Tahoe Basin.
Such regional zoning patterns, based upon the classification
of lands by land capability, resulted in many changes to the
land use and use intensity allowed under former zoning by the
local governments.
Challenging such far-reaching exercise of the police powers of
the TRPA, many persons affected by down-zoning have sought
legal redress alleging that such zoning constituted a "taking"
of property without just compensation.!/ Claims for damages
due to "inverse condemnation" have been filed against the TRPA;
such claims now total in excess of $250 million. Roughly
$50 million of those claims are now in active lawsuits in the
courts of the two states as well as the Federal District
courts. In addition to lawsuits entered against TRPA, several
of the suits have named the members of the Governing Body and
members of TRPA staff as parties to the suit. Legal defense
of the TRPA against these suits is of paramount importance.
The long-range implementation of the Regional Plan and the
very existence of the TRPA are seriously at stake. (In addi-
tion, these suits are possibly at the cutting edge of the
I/ The Fifth Amendment to the United States Constitution:
"...nor shall private property be taken for public use
without just compensation."
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law of land use regulation, and precedent established here
will determine the viability of land use regulation elsewhere.)
Emergency appropriations for legal defense have been made by
the California and Nevada legislatures, and a legal team
has been assembled.
FINANCIAL PROBLEMS
The TRPA is faced with substantial problems in financing its
own planning and regulatory needs. The Compact specified a
budget of $150,000 to be contributed by the local governments.
This apportionment does not provide for inflation, nor was the
extent of the planning and regulatory program known when the
budget was established. The local contribution is supplemented
by funds from each state, which total $75,000 for FY 1974.
The local and state funds are further supplemented by $75,000
of HUD 701 funds.
Financial constraints which preclude the full and expert
staffing of an administrative team to process and review
development applications impairs the ability of TRPA to deal
with the deluge of applications from private entrepreneurs
and their consultants. Financial constraints which have
delayed the completion of various plan elements impairs the
ability of TRPA to fully account for all factors prior to a
decision. Financial constraints which preclude the monitoring
and inspection of construction activities impairs the ability
of TRPA to enforce the ordinances.
COOPERATION OF LOCAL GOVERNMENTS
The Compact sets forth that all provisions of the Tahoe
Regional Plan shall be enforced by the TRPA, the states, and
the counties and cities in the Region. The TRPA regional
ordinances are binding upon the local governments as minimum
standards, although any political subdivision may adopt and
enforce equal or higher standards.
In the development review process, applications begin in the
county of origin where they are judged in conformance with the
county ordinances and in conformance with the regional ordin-
ances. Upon review of the county decision by TRPA, many cases
of disregard for the regional standards have been found.
Various reasons exist for such disregard of the regional stand-
ards: (1) a resistance to a new system at the local planning
staff level; (2) an unwillingness to deny a project and buck-
ing the decision up to TRPA; $3) an opinion that the regional
ordinances are unenforceable and therefore not binding upon
the county.
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The Compact provides that TRPA shall police the region to
insure compliance with the General Plan and adopted ordinances,
rules, regulations, and policies. If it is found that the
General Plan, ordinances, rules, regulations and policies
are not being enforced by a local jurisdiction, the agency may
bring action in a court of competent jurisdiction to ensure
compliance. Unfortunately, the financial constraints noted
above have precluded effective policing and legal action
against uncooperative local jurisdictions.
The cooperation of the local governments is essential for the
effective implementation of the Regional Plan. Without such
cooperation, the TRPA may be forced to move into greater and
greater responsibility over the issuance of purely local
permits.
ECONOMIC FACTORS
The economy of the Tahoe Region has been sustained prin-
cipally by external economic factors. The continued high
demand for land, amenity, gaming, and outdoor recreation
insures that external economic pressure will make it very
difficult to implement the Regional Plan. For example, in
delineating the spatial dimensions of urban land uses, the
TRPA limited the supply of land. Compared to the high demand
for land, a conflict is inevitable. To the extent that the
conflict is resolved by increasing the use intensity or
density, environmental problems may be increased.
The economic forces of the demand for land for recreational
homesites may tend to urbanize lands outside of and contingu-
ous to the Tahoe Basin. Such urbanization could add to the
difficulty of implementing the Regional Plan. For example,
external economic factors of urbanization in Martis Valley
could lead to the development of North Lake Tahoe as a service
center for the Truckee Basin area. As a general policy, the
Tahoe Regional Plan does not envision the development of the
north shore for such purposes.
While the external economic factors are important, the pattern
of economic infrastructure which has been established is
probably more significant. The property taxation system and
sewerage systems have each left an economic legacy that will
impede implementation of the Regional Plan.
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In the recreational land development boom of the 1960's, local
governments gave considerable importance to increasing revenue
by expanding the tax base. While all development has attend-
ant service costs, the second-home subdivision at Lake Tahoe
proved to be a bonanza to the local governments. The sub-
division was taxed high but the service costs were relatively
low due to the low build-out rate and the seasonal nature of
the residency. This "golden goose" resulted in extensive
acreage being subdivided at a rate far in excess of the rate
at which the building market could utilize such land.
The owners of that subdivided land acquired legally enforce-
able rights to build. These rights can only be taken back by
acquisition. This task is very difficult in view of the
economic interests now vested in that property.
The subdivision and urbanization of land was accompanied by
the provision of sewers. Sewerage facility capitalization
needs were extremely large and the utility districts incurred
substantial amounts of long-term bonded indebtedness to
finance the sewer construction. The retirement of the bonds
is dependent upon increasing population growth trends. Where
the growth rates within a utility district follow the
forecasts used for financial planning, all is well.
However, the Tahoe Regional Plan represents a major shift in
land use policy such that the capitalization programs of the
utility districts are seriously jeopardized. While the Plan
resulted in immediate changes in land use and use intensity,
the debt structures are not amenable to rapid change. In some
of the utility districts, the amount and value of land avail-
able for development under the Plan is insufficient to retire
the bonds which have been sold. Very strong pressure there-
fore exists to relax the development restrictions on such
lands.
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ASSESSMENT:
ADEQUACY OF FEDERAL
OVERSIGHT
A principal objective of this Study is to determine the "ade-
quacy of Federal oversight and control in order to preserve
the fragile ecology of Lake Tahoe." Lacking a specified role
of Federal oversight and control to which actual Federal agency
performance can be measured, this evaluation is based entirely
upon the ecological criterion: is Federal oversight and con-
trol adequate to preserve the fragile ecology of Lake Tahoe?!/
This evaluation proceeds from two perspectives:
1) management of the public lands
2) regulation of activities on private lands
The public lands comprise roughly 62% of the land area in the
Lake Tahoe Basin (National Forest 57%, State Park 5%). New
land acquisitions currently in progress will increase the
public holdings in the Basin. Management of these lands is
crucial toward preserving the "fragile ecology of Lake Tahoe".
The National Forests are administered for outdoor recreation,
range, timber, watershed, and fish and wildlife purposes.
The State Parks are managed for outdoor recreation and other
environmental values. Although environmental impacts have
been noted for certain management and development activities
on the public lands, an assessment must be made that Federal
(and State) oversight and control in the management of public
lands is adequate to "preserve the fragile ecology of Lake
Tahoe."
I/ This language follows from the statute, Section 114, Federal
Water Pollution Control Act. The complexity of the Lake
Tahoe ecosystem and man's present understanding of it pre-
clude a rigorous interpretation of this criterion. Rather,
"adequacy" is judged in a relative and general sense.
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The Tahoe Regional Planning Agency and the general purpose
local government exercise prime planning and regulatory
responsibilities over activities on the private lands.
However, such responsibilities are supplemented, in very
large measure, by the following Federal (and State) agency
actions which indirectly influence the course of urbani-
zation on the private lands:
a) provision of urban infrastructure, in particular
sewers and sewer capacity;
b) permitting of construction in or on the navigable
waters of Lake Tahoe;
c) issuance of mortgage loan guarantees;
d) construction of transportation facilities;
e) regulation of air and water pollution; and
f) permitting the use of Federal lands to accommodate
private development - e.g., road access, utility
rights-of-way, wastewater disposal areas.
In view of the legal and intergovernmental problems identified
and the environmental impacts noted from intergovernmental
activities, a serious question of "adequacy" arises. A good
case in point is the problem of erosion and sedimentation
control. The lack of strong and precise legal tools to con-
trol either the activity which generates the erosion (source
controls) or the introduction of the sediment to the Lake
(effluent limitations) certainly portends that the clarity
of Lake Tahoe may not be preserved. An assessment must be
made that Federal (and State) oversight and control in the
regulation of activities on the private lands is presently
inadequate to "preserve the fragile ecology of Lake Tahoe."
There is therefore a clear "necessity for redefinition of
legal and other arrangements" to resolve the apparent dicho-
tomy of adequacy between management of the public lands and
regulation of activities on the private lands.
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TOOLS AVAILABLE
TO RESOLVE
PROBLEMS
In response to the diverse set of problems and environmental
impacts identified and discussed above, a series of tools is
developed to resolve such problems. Although the tools are
listed separately, they are not intended to be mutually exclu-
sive; some or all of the tools could be applied in whole or
in part. Several of the tools could take alternative forms;
accordingly, options are set forth. Some of the proposed tools
and options discussed below may require legislative changes in
Congress, in one or both states, and in lower jurisdictions;
while other of the proposed tools and options are amenable to
administrative decision.
FEDERAL POLICY/CONGRESSIONAL OVERSIGHT
There is no lack of Federal policies at work in the Lake Tahoe
Region. As noted in Chapter VI, the several Federal agencies
are each implementing several sets of policies which directly
and indirectly affect Tahoe. The need is to redraw and focus
such disparate policies into a cohesive statement of Federal
policy towards Lake Tahoe. A proposed statement of Federal
policy developed by EPA in consultation with the other Federal
agencies is presented on the following pages for the considera-
tion of Congress.
To assure the Congress that the national interest is being served
by the Federal agencies under the Federal policy and by the Tahoe
Regional Planning Agency under the Tahoe Regional Planning Compact,
an appropriate committee of Congress could hold public oversight
hearings. Such hearings would be scheduled during each session
of Congress and held at a location in the Tahoe Region.
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PROPOSED FEDERAL POLICY
It is found and declared that:
1. The Federal interest in the Lake Tahoe Region is
substantial and includes:
a) ownership of 57% of the land area administered
as National Forest,
b) ultimate responsibility to attain and maintain
the National Ambient Air Quality Standards,
including prevention of significant deteriora-
tion of existing high quality air,
c) responsibility to oversee the states' implemen-
tation of Water Quality Standards for the navi-
gable waters of Lake Tahoe, including a policy
of non-degradation,
d) approval of all works constructed in or over the
navigable waters of Lake Tahoe, and
e) management of Lake Tahoe-Truckee River water
resource in accordance with court decrees.
2. The Tahoe Regional Planning Agency is duly constituted
under the Tahoe Regional Planning Compact to "adopt
and enforce a regional plan of resources conserva-
tion and orderly development, to exercise effective
environmental controls . . .." for the private lands
in the Tahoe Region.
3. The Tahoe Region exhibits significant interaction
between public lands and private lands.
4. The Tahoe Region exhibits environmental and ecological
values which are irreplaceable.
5. Maintenance of the social and economic health of
the Tahoe Region depends upon maintaining the
high quality scenic and environmental experience.
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6. Increasing urbanization is threatening the eco-
logical values of the Tahoe Region and threatening
the public opportunities for the use of public lands.
Therefore, it is the policy of Congress that:
1. Lake Tahoe and the surrounding basin lands are
declared an area of national environmental signi-
ficance.
2. The Tahoe Regional Planning Agency, acting under
authority vested by the Tahoe Regional Planning
Compact, is the most appropriate institution to
plan for and regulate the use of private lands
in the Tahoe Region.
3. The Federal government, through its constituent
agencies, shall coordinate its activities so as
to provide technical and financial assistance to
the Tahoe Regional Planning Agency to achieve
the mandate of the Compact.
4. The Federal agencies are directed to program their
activities in the Lake Tahoe Basin to support state
efforts to achieve the following goals and objec-
tives :
a) Protect the present unique natural qualities
of the waters of Lake Tahoe and the tributary
lakes and streams, and prevent the degradation
of such high quality water.
b) Maintain the present high air quality, and
prevent the significant deterioration of air
quality.
c) Protect and maintain the native vegetative
cover with emphasis on maintaining the diver-
sity and vigor of natural plant communities.
d) Protect and maintain fish and wildlife habitats
with emphasis on marshes, meadows, and stream
environment zones.
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e) Manage the Federal lands for multiple use
purposes while protecting scenic and other
environmental qualities.
f) Seek an optimum public land ownership pat-
tern to provide increased public access and
use of lands for outdoor recreation, to pro-
tect scenic and open space values, and to
protect critical watersheds and fish and
wildlife habitats.
g) Provide a variety of recreational opportun-
ities for people of all economic levels con-
sistent with the constraints imposed by the
natural capabilities of the land and within
the limitations of use which will insure a
high quality recreation experience.
h) Provide for a variety of resource use oppor-
tunities consistent with the constraints im-
posed by the natural capabilities of the land.
i) Preserve and protect the cultural resources,
including archaeological, historical, and
natural landmarks.
5. All public funds allocated to the Lake Tahoe Basin
for the purpose of assisting local governments in
providing utilities or services shall be conditioned
upon an assurance that the public lands (and develop-
ment thereon) shall be adequately served.
6. The maximum amount of public participation in the
Federal decision process shall be provided and
permitted.
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ENVIRONMENTAL THRESHOLDS
The Tahoe Regional Planning Compact sets forth the policy
concept of "resources conservation and orderly development."
The planning and development review process that has been
established to implement this mandate relies heavily upon
the delineation of ultimate environmental conditions or "end-
states" — land use maps, receiving water quality standards,
and ambient air quality standards. (Refer to Ecosystems Manage-
ment, page 73). There is presently no true appreciation of the
long term dynamics of environmental and ecological change as
development proceeds; and there is no true appreciation of the
environmental and ecological impact as the ultimate conditions
are approached and/or reached. It is conceivable that in the
long run "orderly development" may be incompatible with "re-
sources conservation."
To provide guidance in the exercise of Federal, state, re-
gional, and local government environmental management re-
sponsibilities in the Lake Tahoe Basin, the following major
tasks could be initiated and accomplished:
1. An extensive study of projected future conditions
in the Lake Tahoe Basin for the purpose of assess-
ing the potential social, economic, environmental,
and ecological impacts of further urbanization; and
2. The development and establishment of "environmental
thresholds" to guide the complex growth processes
within the bounds of Federal/state environmental
quality standards and to meet the Compact mandate
of "resources conservation and orderly development."
A "thresholds" approach to environmental management would ini-
tially involve the specification of threshold values for the
Tahoe ecosystem. The specification of the values would be
based upon current (and future) research, and upon trend moni-
toring of environmental and ecological conditions at Lake Tahoe.
Examples of "thresholds" might include: rate and extent of im-
pervious surface coverage per watershed; rate of nutrient input
to Lake Tahoe; rate of increase in lake fertility; rate of growth
of phytoplankton; etc. The "thresholds" would provide the linkage
between a cumulative set of land development decisions and the
Federal/state environmental quality standards which may not be
exceeded. The "thresholds" approach would involve an assessment
of synergistic rates of ecological change, a comparison of the
rates of change to threshold values, and a feedback and warning
system to guide decisionmakers in managing the growth process.
A "thresholds" concept for ecosystem management could be imple-
mented within the existing planning, regulatory, and research
communities if specific direction or authorization could be man-
dated.
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COMPACT MODIFICATIONS
The Tahoe Regional Planning Compact is now four years of age -
four years of interpretation, four years of mixed success,
four years of intense experience. From those four years,
conclusions can be drawn that the Compact has several basic
and serious deficiencies which now impede efforts to carry out
the Compact mandate.
It is a long step from recognizing, the need for Compact
changes to actually carrying out such changes. The process
must be initiated at the state level, and requires separate
actions of each state legislature, concurrence between the
legislatures, and Congressional action. An indication of the
time involved can be shown by the fact that the Nevada legis-
lature does not convene again until January 1975. And there
is considerable risk in opening the Compact to adjust the
deficiencies; more drastic and far-reaching changes could be
attempted by various groups. The ensuing fight could threaten
to prematurely scuttle efforts at regional environmental plan-
ning in the Tahoe Basin.
The risk of opening the Compact must be weighed against the
continuing operation of TRPA at less than full effectiveness.
Accordingly, the states, jointly and concurrently, should
begin debate on the Compact to consider the following types of
possible adjustments (with precise language developed by the
legislatures):
1. Strike the provision for a dual decision rule in
order to constitute a true bi-state agency
Amend Article III(g) of the Compact to read:
"A majority of the members of the governing body
shall constitute a quorum for the transaction of
the business of the agency. A majority vote of the
members present shall be required to take action
with respect to any matter."
2. Grant the Federal representative to the TRPA
governing body full voting status. The Federal
representative would have one vote on all matters
before the TRPA. In addition to expressing the
Federal interest and Federal policy, the Federal vote
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would serve as an effective "tie-breaking" vote in the
event the state and local delegates evenly dead-
locked. [See also options for Federal coordination]
3. Provide for alternative and flexible financing of
the operations of the TRPA. Possible options
include:
(a) obligating each state for a base contribution
with provision for inflation;
(b) change the $150,000 county support from a
maximum to a base contribution, and provide
for increasing county support as the assessed
value of property in each county increases.
The State of California, in AB1944 (October 1973),
has already taken steps toward refinancing by
providing that the California Tahoe Regional Plan-
ning Agency be funded by the State rather than by
the counties.
4. Strike the entire provision in Article VI(a) of the
Compact:
"Every plan, ordinance, rule, regulation or policy
adopted by the agency shall recognize as a permitted
and conforming use any business or recreational
establishment which is required by law of the state
in which it is located to be individually licensed
by the state, if such business or establishment:
"(1) Was so licensed on February 5, 1968, or
was licensed for a limited season during any
part of the calendar year immediately pre-
ceding February 5, 1968.
"(2) Is to be constructed on land which was
so zoned or designated in a finally adopted
master plan on February 5, 1968, as to permit
the construction of such a business or estab-
lishment."
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The Compact should simply provide that all business
required to be licensed by either state would receive
equal treatment under the Compact.
5. Provide that TRPA evaluate the environmental impact
of its policies and plans, with such analyses being
reported annually to each state legislature and to
Congress. Provide for periodic reports on environ-
mental trends and conditions at Lake Tahoe.
6. Reconstitute the formula for Governing Body repre-
sentation by the appointment of one more non-local
member by the Governor of each state. Such member
from each state would represent the general public
interest. Such additions would balance the local/
non-local representation.
The State of California, in AB1944 (October 1973),
has already taken steps toward changing the repre-
sentation formula by providing that the California
Tahoe Regional Planning Agency be reconstituted
by the addition of one more non-local member
appointed by the Governor and a new member chosen
by the other six members.
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MECHANISMS FOR FEDERAL/STATE/REGIONAL COORDINATION
The multitude of governmental agencies, programs, and
activities present within the relatively small area of the Lake
Tahoe Region has led virtually every observer of Tahoe to
conclude that "coordination" is necessary, with the assumption
that "coordination" will resolve the host of intergovernmental
problems. Coordination is an elusive word; it has little
utility as a recommendation unless it is properly defined.
Coordination is sometimes a process, sometimes a result.
Agencies are coordinated, so are levels of government, so are
programs and projects.
In terms of process, coordination may be lateral - consulta-
tion, sharing of information, and negotiation among equals.
Or it may be the settlement of a conflict by the decision of
a "coordinator". Or it may be a combination of these - a
process in which lateral coordination is expedited, facili-
tated, and even enforced by leadership and pressure from an
independent or more powerful coordinator.
In terms of result, coordination means consistency, mutual
reinforcement, 'the absence of conflict and duplication. The
ultimate purpose of coordination is to harmonize programs and
projects, and interrelate them constructively at the point
of impact.
Much of the discussion that treats lack of coordination at
Tahoe as a Federal problem may be misdirected. It is not
Federal programs only that must be interrelated; Federal
programs must be coordinated not only with one another, but
also with state, regional, and local programs. The existence
of the Federal establishment in no way transfers all the
responsibility for the coordination process from the states
and TRPA to the Federal government. In fact, the Compact
clearly mandates a major role for the TRPA:
"to harmonize the needs of the region as a
whole, the plans of the counties and cities
within the region, the plans and planning
activities of the state, Federal, and other
public agencies and non-governmental agencies
and organizations ....".
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Since the TRPA is clearly mandated by the Compact to coordinate
activities between the two states and the various general purpose
and special purpose units of government, that role as a
"coordinator" should continue to be carried out with strength
and leadership. The interface between TRPA and the Federal
establishment is the "weak link." Accordingly, various possible
structural alternatives for Federal coordination are set forth.
1. Federal Coordinators Committee: The existing
committee of "interested" agencies operating under
the general direction of the Presidential Appointee
to TRPA would continue to operate. Membership
would principally consist of staff-level represen-
tatives with agency directors involved for major
policy issues.
There would be no Federal agency commitment of
funds or personpower; moreover, there would be no
formal commitments to coordinate agency activities.
Coordination would be lateral and consist of con-
sultation, sharing of information, and negotiation
among equals.
The Presidential Appointee would probably continue
to be designated from a line operating agency;
that agency would assume the status of a "lead"
agency on the Committee. The Presidential Appointee
would solicit input from the various agencies in
presenting a coordinated Federal position in the
TRPA decision structure, however, the Presidential
Appointee would continue to have no voting rights
on the TRPA Governing Body.
2. Tahoe Executive Committee; A Tahoe Executive
Committee would be created as a subcommittee of the
Western Federal Regional Council. Membership would
include Regional Administrators and Secretary's
Field Representatives (or appropriate Departmental
designee) from the following agencies:
(1) Department of Agriculture
(2) Department of Defense
(3) Environmental Protection Agency
(4) Department of Housing and Urban Development
(5) Department of the Interior
(6) Department of Transportation
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The Presidential Appointee to TRPA would be desig-
nated from one of these agencies and would serve as
Chairperson of the Committee.
The primary functions of the Committee would be:
(1) To review and wherever possible coordinate
major Federal and TRPA objectives, programs/
policies, and actions relating to the Lake
Tahoe Region;
(2) To advise and assist the Federal representative
to TRPA in formulating and presenting Federal
views on pertinent subjects considered by TRPA;
(3) Provide a clearinghouse review for all Federal
grant programs.
The Committee would formalize commitments to coor-
dinate activities. The coordination process would
have a structural focus such that lateral coordination
would be expedited, facilitated, and enforced by
leadership and pressure from the higher level
Western Federal Regional Council. In carrying out the
process of coordination, maximum utility would be made
of the research and intergovernmental coordination
procedures already established by the NSF-funded Lake
Tahoe Area Research Coordination Board.
With the combined and unified authority of the
Committee available to assist the Presidential
Appointee, the "Federal position" could be expressed
through the formal mechanism of one Federal vote
on the TRPA Governing Body.
Federal Administrator; The President would appoint
a full-time senior level official as the Federal
Administrator and Presidential Appointee to the
TRPA. The Administrator would not be associated
with any line agency and would report to the Presi-
dent's Domestic Council.
The Administrator would be empowered by Executive
Order to perform the following tasks:
1) Through the Western Federal Regional Council,
institute and carry out a management system
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for Federal agency coordination which would
implement the Federal policy towards Lake
Tahoe.
2) Provide a clearinghouse review for all
Federal grant programs.
3) Oversee the land acquisition and land exchange
plan and strategy by developing priorities in
conjunction with the Federal agencies, TRPA,
and the states; facilitate the interagency
exchange of lands; and coordinate the imple-
mentation of the acquisition plan.
4) Provide daily working relations with TRPA and
marshal the resources of the entire Federal
Administrative structure to assist TRPA's
planning, regulatory, and enforcement activities
The Executive Order would further specify that financial
support for the Federal Administrator would be derived from
individual Federal agency budgets and channeled through the
Western Federal Regional Council.
With the central authority to speak and act for the entire
Federal government in implementing a Federal policy for the
Lake Tahoe Basin, the Administrator would have one vote on
the TRPA Governing Body.
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AIR QUALITY PROGRAM
The existing jurisdictional split of air pollution control
authority, and the interstate nature of the air basin war-
rant the development of an air quality program specifically
tailored to the Tahoe situation. A Tahoe air quality pro-
gram could be developed in two phases:
Phase I - Continue to vest the air pollution control
function in the respective state agencies
and in the local air pollution control dis-
tricts; while constituting an interstate
air pollution planning function for the
Tahoe Basin.
Phase II - At the completion of the air pollution planning
cycle, constitute both an interstate planning
and control function for the Tahoe Basin.
The TRPA has separate authority under the Compact to carry
out an air quality planning and control function. The appro-
priateness of TRPA as an interstate air pollution planning
agency is shown by the capability to relate air pollution to
a detailed land use plan and to incorporate air quality as
an integral part of the Transportation Plan now under prepara-
tion. This planning program would lead to the development
of an air implementation plan to achieve the National Ambient
Air Quality Standards; and perhaps, more importantly, self-
imposed higher air quality standards for the Tahoe Basin.
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WATER QUALITY PROGRAM
Given that the quality of the waters of Lake Tahoe initimately
depends on the integrity of the land in the watershed, a water
quality control program must consider both land use controls
and waste discharge controls. The Tahoe water quality program
could accordingly be developed using the following strategy:
a. Focus principally on source controls to prevent
conditions of erosion or erosion potential from
occurring.
b. Apply effluent limitations to any "discharge"
from a parcel of land. The limitations would
be placed on both point discharges and area
(diffuse) discharges.
c. Hold water quality standards in the receiving
waters inviolate.
At each step in carrying out this strategy, different agencies
in different levels of government are involved - local and
regional entities will be the principals in source controls,
state and Federal entities will be the principals in effluent
limitations and water quality standards. Due to the large
matrix of governmental agency involvement, memoranda of
understanding between agencies could be signed wherein
specific roles and responsibilities would be delineated.
The strategy is focused principally upon the control of
erosion and waste discharges which result from activities on
private lands. Activities on the public lands may result in
similar water quality impacts as activities on the private
lands. The Federal agencies could carry out an intergovern-
mental cooperative program to control erosion and waste
discharges which result from use activities on the public
lands. Again, memoranda of understanding between the various
Federal agencies could be signed to delineate specific roles
and responsibilities.
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SOURCE CONTROLS
The Tahoe Regional Plan and ordinances provide a basic founda-
tion for source controls. The Plan allocates land uses under
the constraints of land capability; and the ordinances provide
performance standards for allowable impervious surface coverage,
vegetation disturbance, tree removal, slope, grading, cut and
fill sections, etc.
While it is implicit that the Plan and ordinances are designed
to prevent and/or mitigate erosion and thus preclude downstream
water quality degradation, there is a present need to make it
explicit by means of specifying precise source control measures
prior to individual development approvals.
While TRPA is already doing this in part,the California
Lahontan Board under authority of Section 13360 of Division
7 of the California Water Code is also trying to prescribe
source controls on new development. While the Lahontan Board
does not have access to the development decision process,
TRPA certainly occupies the key position. For increased
efficiency and effectiveness TRPA and Lahontan could jointly
specify source control measures prior to development decision.
Such source control measures would then be subject to dual
enforcement - under TRPA ordinance or under California Water
Code.
Reliance upon source controls via TRPA will not be sucessful in
the absence of aggressive field inspection for compliance and
enforcement of violations. These activities must be adequately
funded; accordingly, in any refinancing of the TRPA budget,
inspection and enforcement should have a high priority. [See
Compact changes, Section C.]
To assist in carrying out source control measures, various
Federal and state efforts could be applied:
a) Research and demonstration grants from EPA and/or
Department of Agriculture to develop and demonstrate
source control mechanisms which would be effective
in the specific (and unique) Tahoe environment. EPA
is presently reviewing a proposal from TRPA to demon-
strate the feasibility of controlling surface water
runoff to Lake Tahoe.
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b) Training programs from Federal and/or State Depart-
ment of Labor to train designers, engineers, contrac-
tors , and equipment operators in the ecological
sensitivities of the Tahoe Basin, and how to carry out
their activities to minimize ecological impact.
c) A program of state licensing and performance bonding
could be instituted to cover all construction
activity in the Tahoe Basin.
d) Increase Federal funding to the Soil Conservation
Service to increase the capability of the local
soil conservation districts to provide advice and
technical assistance in the control of erosion.
EFFLUENT LIMITATIONS
The California Water Quality Standards contain prohibitions
on discharge of solid and liquid waste materials including
soil, silt, clay, and other organic and earthen materials
to Lake Tahoe or to tributary streams. The Lahontan Board,
under authority of Division 7, Chapter 4 and 5, of the
California Water Code, is prescribing waste discharge require-
ments which either specify an allowable quantity/quality of
discharge or a prohibition on discharge. The Lahontan Board
would continue to agressively carry out this authority.
The Nevada Regulations Governing the Lake Tahoe Watershed
specify a prohibition on discharge of trash, debris, or waste
of any kind, liquid or solid, into the waters of Lake Tahoe.
Further, the authority to issue permits for construction in the
Lake Tahoe Watershed could be developed as a mechanism to either
specify an allowable discharge or prohibit such a discharge.
To conform water quality standards across the California-Nevada
stateline, EPA, under authority of Section 303 of the Federal
Water Pollution Control Act of 1972 (FWPCA), will be proposing
a new "turbidity standard" for the Nevada Lake Tahoe waters.
The new standard will specify the same language as the California
standards with respect to prohibitions on discharges. This
action will further strengthen the ability of Nevada to
institute an effluent limitation program.
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The California Department of Fish and Game, using the California
Fish and Game Code, could provide important back-up authority
to Lahontan's program by issuing pollution abatement orders
to stop the discharge of materials deleterious to fish and wild-
life. However, the Department would need a specific statutory
definition of silt and sediment as "materials deleterious to
fish and wildlife" for this approach to be successful.
The National Pollutant Discharge Elimination System (NPDES)
constituted under the Federal Water Pollution Control Act
Amendments of 1972 (FWPCA) could have applicability to the
limitation of discharges despite its present legal limitation
to "point" sources. The EPA, SWRCB, and BEH could begin
inspection and inventory of what are presently called non-point
sources of pollution to define as point source discharges. For
example, if sediment-laden runoff is channeled into a culvert
under a road and discharges to the lake, the discharge may
be defined as a point source subject to an NPDES permit. The
permit would specify the allowable quantity/quality of discharge,
and is directly enforceable.
Physical runoff/storm drainage facilities could be constructed
to channel non-point runoff into point source discharges. This
may provide the dual opportunity to treat such runoff prior
to discharge and to permit such discharge under NPDES. Such
storm drainage facilities are eligible for Federal grant
funding by definition under Section 212(2)(B) of the FWPCA
of 1972. Storm drainage districts, created under enabling
legislation in each state, could raise local revenues to con-
struct and operate such system and could receive Federal assist-
ance grants.
WATER QUALITY STANDARDS
As a final backup to source controls and effluent limitations,
enforcement actions to hold water quality standards inviolate
and to implement the non-degradation policy of the water quality
standards could be undertaken. The states presently have the
authority under state law and state regulations to enforce
water quality standards violations. The California Water Code,
for example, provides authority to issue cease and desist
orders; with recourse to the state courts if necessary.
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The NPDES permits issued either by EPA in Nevada or SWRCB
in California are directly enforceable under Section 309
of the Federal Water Pollution Control Act of 1972. The
NPDES permits are written so as to achieve and maintain
receiving water quality standards. In the event of viola-
tions of the permit requirements, enforcement would be
directed against the permitee to achieve compliance.
As a supplement to the water quality standards approach,
there is a need for analysis and presentation of continuously
collected environmental data. In view of the non-degradation
policy, recurring examination of water quality data is needed
to detect incremental changes and to "trigger" corrective
action. The existing interagency monitoring network could be
modified and expanded with increased emphasis on tributary
stream and littoral lake surveillance and decreased attention
to limnetic changes.
Section 305(b) FWPCA could be the primary mechanism for
inventorying and reporting water quality conditions - annual
reports of the Lake Tahoe's waters are made to Congress.
These 305(b) reports are the primary environmental oversight
tool available to Congress; accordingly, the Lake Tahoe data
will be of great importance to assess the success of efforts
to control erosion and sedimentation.
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LAND ACQUISITION
In order to achieve the mandate of the Compact to "preserve
the scenic and recreational opportunities of the Region,"
land acquisition must be considered as a most important im-
plementation tool. Clearly, attainment of the objectives of
the Tahoe Regional Plan requires the public acquisition of
some lands which are now privately owned.
PRIORITIES
The land acquisition program should not be used as a substitute
for effective land use regulation. One method of establishing
a balance between acquisition and regulation; and at the same
time developing priority criteria for acquisition, could be
derived from the concepts of public harm in contrast to public
benefit.
The land use regulatory system embodied in the Tahoe Regional
Plan principally uses land capabilities to protect the public
interest affected by the use of private property, not to create
a benefit for the public, but to prevent a harm from a change
in the natural character of such property. Regulations to con-
trol land use to prevent pollution and to protect the waters of
Lake Tahoe from degradation are valid police power enactments.
Accordingly, effective land use regulation is appropriate (but
may not always be sufficient) to preserve and protect the fol-
lowing lands and thus prevent pollution of the waters of Lake
Tahoe.
1. Natural resource areas such as stream environment
zones, wetlands, meadows, alpine vegetation and
unique ecological associations, and forest lands of
the watershed.
2. Natural hazard areas such as flood plains, earth-
quake faults, avalanches, unstable soils and steep
rock fall areas, and fire risk areas.
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On the other hand, where private lands are designated for
public access and public recreational use, a public benefit
is created and acquisition may be necessary. While some
public access may be provided through regulation (mandatory
dedication), public use should be provided through some form
of acquisition.
It is generally recognized that the public lands in the Lake
Tahoe Basin are inadequate to meet the needs of the general
public for lakeshore recreation opportunities. Much of the
public land is in the rugged backdrop areas of the Basin and
90 percent has been classified as high hazard land on which
recreation facilities should not be developed. Public access
to the shoreline of Lake Tahoe is significantly limited. While
20 miles of the 75 mile shoreline is in public ownership, only
about 6 miles is capable of moderate to intensive use and
access by the public.
Accordingly, an acquisition program should focus on the follow-
ing types of lands in the priority indicated:
1. High capability lakeshore and waterfront properties
for public access and use.
2. Lands suitable for campground, picnic, and other out-
door recreational facilities development.
3. Lands on which development is imminent and which
threatens to adversely affect the environmental
values of National Forest or State Park lands.
4. Lands in the back country needed to consolidate
public ownership, and lands in the shorezone needed
to protect scenic vistas.
FORM OF ACQUISITION
Acquisition could take many forms. The principal forms
considered here are:
1. fee simple purchase;
2. land exchange; and
3. less-than-fee simple purchase of development rights,
access rights, scenic easements, etc.
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INSTITUTIONAL OPTIONS
There are several institutional options for acquiring, holding,
and managing public lands in the Tahoe Basin. In fact, it
could be possible for one body to acquire and hold, while
another body managed the lands. Accordingly, the following
options should not be considered as mutually exclusive, but
available for combination with each other into an overall
acquisition strategy.
1. The U.S. Forest Service; The USFS is presently
the major land holder in the Basin and has authority
to acquire and hold lands provided that such lands
are within the National Forest boundaries. Lands
may be acquired in fee, by exchange, and/or by
donations of land. The USFS may not accept donations
of cash to purchase lands. Management of acquired
lands will be guided by the "General Plan of Manage-
ment for National Forest Lands in the Lake Tahoe
Basin". The Forest Service is precluded by statute
from expending Federal funds in managing lands which
they do not own.
2. State Parks; The California Department of Parks and
Recreation and the Nevada Division of State Parks
may acquire, hold, and manage lands. Acquisition is
authorized by the legislature and funds appropriated
from the General Fund and/or other special acquisi-
tion funds. State funds may be used to match Federal
grants from the Land and Water Conservation Fund.
The states may use eminent domain powers to condemn
lands for State Park purposes. Management of the
lands is for the purpose of public recreation and
usually requires the development of recreational
facilities and services.
3. General Purpose Local Governments; Local governments
may acquire, hold, and manage lands. Acquisition is
usually specifically authorized by the electorate
and uses the bonding capacity of the local government
to finance the acquisition. The local government may
be the recipient of Open Space Grants from HUD and
grant monies from the Land and Water Conservation Fund
which have been allocated through the states. Gifts
and donations may be accepted. The lands are usually
managed to provide local recreational services.
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4. Tahoe Conservancy Agency; With passage of AB 1944 on
October 1, 1973 in the California legislature, the
California Tahoe Conservancy Agency was created. It
is composed of five public members, appointed by the
Governor, with responsibility and authority to
acquire and hold real property in the California
portion of the Basin. AB 1944 authorizes the
appropriation of funds for acquisition. The Agency
may acquire interests in land by means of exchanges,
and may accept land and cash gifts and donations
from public and private sources. Management of the
lands so acquired will be performed by contract
with other public agencies.
AB 1944 also provides for establishment of a Bi-State
Tahoe Conservancy Compact upon adoption of similar
legislation by Nevada and approval of the Compact by
Congress.
SOURCES OF FUNDS
There are several options available in funding sources. Some
of the sources are direct while others, such as tax schemes,
operate indirectly. Some of the sources are definitive while
others are ideas. The following list indicates the range of
possible sources which are available, may be available, or
may be developed.
Authorized and Funded
1. Land and Water Conservation Fund: The Fund is
authorized to expend moniesfor Federal land acqui-
sition and provide 50% matching grants to states and
localities. The Fund has been a major source of
acquisition monies in the Basin. The FY 74 national
appropriation is $71 million of which $66 million
goes for assistance to the states. No Federal
acquisitions were appropriated in FY 74. However,
a reprogramming of funds for a Federal land acquisition
program was accomplished such that roughly $4 million
is available during FY 74 to the U.S. Forest Service
for land acquisition in the California portion of the
Tahoe Basin.
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The Department of Interior in its report "Lake
Tahoe - A Special Place" dated January 1973, states
that priority consideration will be given to any
Land and Water Conservation Fund projects from
California and Nevada dealing with the Tahoe Basin.
2. Land Exchange; Exchange is a very attractive
option for acquisition in that it requires no
cash outlay and offers owners savings in capital
gains taxes. Exchange could take various forms:
a) exchange of National Forest Lands outside
the Basin, classified as suitable for the
purpose, for private lands within the Basin;
b) exchange of National Forest timber cutting
rights outside the Basin for private land withir
the Basin;
c) exchange of Federal excess properties such as
GSA real estate and surplus military lands
for private land within the Basin; and
d) exchange of public domain lands administered
by Bureau of Land Management, classified as
suitable for the purpose, for private lands
within the Basin.
Exchange proceedings are not without problems,
however. The time involved is very lengthy and
the proceedings, often involving several parties,
are cumbersome.
3. Private Donations: Donations of lands and gifts of
cash for land acquisition can be a significant source.
The example of the Nature Conservancy indicates the
potential for successfully marshaling private
resources into public acquisition. It must be made
attractive for individuals to contribute land or
cash; accordingly, the following items should be
considered:
a) a donation of land may involve a life estate
wherein the grantor may continue to reside on
the land for the duration of his lifetime;
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b) a donation of development rights and easements
could decrease the assessed value of the pro-
perty and thus benefit the grantor by lower
holding costs, reduced annual income taxes,
and reduced capital gains tax at the time of
property resale;
c) a donation of land could be eligible for a
charitable deduction under Federal income tax
codes. (In addition, the proposed Environ-
mental Protection Tax Act of 1973 provides in
part for allowance of a tax deduction on the
transfer of a partial interest in property,
where the interest is either an easement of
30 or more years duration granted exclusively
for conservation purposes, or is a remainder
interest in real property which is granted
exclusively for conservation purposes. "Con-
servation purposes" mean the preservation of
open land areas for public outdoor recreation
or education, or scenic enjoyment; the pre-
servation of historically important land areas
or structures; or the protection of natural
environmental systems.)
d) a donation of land could be eligible for a
credit to estate valuation. Presently this
procedure does not conform to the estate tax
codes, although the cash contribution from
liquidation of the land is eligible.
4. California State Beach, Park, Recreation, and
Historical Facilities Fund 6f 1974;AB 1944
(October 1973)appropriates $10 million from this
Fund for specific acquisition of lands in the Tahoe
Basin.
Authorized But Not Funded
5. Open Space Grants; Federal grant funds for open
space land acquisition are available under PL 87-70
from the Department of Housing and Urban Develop-
ment to states and local public bodies. The grants
provide 50% of the cost. Eligibility is limited to
areas certified by HUD as having adopted Open Space
Plans.
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Not Authorized and Not Funded
6. U.S. Treasury; Congressional authorization and
appropriation by special legislation for specific
land purchases.
7. State General Funds; Funds must be specifically
authorized and appropriated by the state legisla-
ture for acquisition. Tahoe must therefore com-
pete with priority needs in the remainder of the
state. Funds appropriated are usually designed to
match Federal grants from the Land and Water
Conservation Fund.
8. California Park and Open Space Acquisition Fund;
Such a Fund was proposed by AB 920 in the 1973
session of the legislature but was not reported
out. The Fund would be based upon a 1% real estate
transfer tax to supply regular monies to cities
and counties for parks and open space acquisition.
It remains a viable acquisition option as passage
may be secured in the next session.
9. Environmental Tax Credit; Existing property in
non-conforming status with respect to the Tahoe
Regional Plan could be purchased by means of a
tax credit against Federal income taxes. At a rate
of 4% per year applied to the value of land and
capital improvements, the property could be "acquired"
in 25 years.
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SPECIAL CONSIDERATIONS
To avoid burdening the acquisition program with extra costs
due to inflation and speculation in land values, several
possible means are available or could be developed.
1. Condemnation; Condemnation proceedings by the
Federal government or the state would result in a
price based on fair market value. If necessary,
the court may resolve the "fair" price to be paid.
2. Legislative Taking; The precedent used in acquiring
Redwoods National Park may be involved. The Congress
could freeze the price of lands upon the enactment of
legislation to acquire such lands.
3. Public's First Right of Purchase; By means of
legislation, grant to the public agency a right of
pre-emption whenever ownership of real property
is transferred. The public agency would have a
specified time after the acceptance of a valid and
qualified purchase offer to decide whether to exer-
cise its right of pre-empting the purchase. The
negotiated price would be binding.
4. Purchase with Options for Additional Lands; Public
agency provides a down payment which acts as payment
for the release (fee interest) of a portion of the
desired land and for options on the remaining land.
The option arrangement allows the public agency to
hold the land for possible purchase at a fixed
price thus avoiding costs of inflation in land
values.
SUMMARY
An overall acquistion program may be a mix of all the above
institutional options and sources of funding. Considerable
further work is necessary to refine the acquisition strategy,
particularly with respect to legal problems of Federal tax
codes and their applicability to certain areas. In any case,
time is of the essence. The value of private lands is increas-
ing and private development proposals are moving ahead. If
a broad program of strategic land acquisition is not carried
out in the near future, available land will be either lost or
the prices will be prohibitive.
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i
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Subcommittee, Berkeley, California, August 1971.
Department of Landscape Architecture, Tahoe Data Bank
and Computer Runs, University of California, Berkeley, 1971.
Economics Research Associates, Economic Analysis of
Projected Growth for the_ Lake Tahoe Basin, prepared for
the Tahoe Regional Planning Agency, October 1971.
Livingston and Blayney, Overall Program Design, Lake Tahoe
Regional Planning Agency, March 1970.
Livingston and Blayney, The^ Regional Plan of the Tahoe
Regional Planning Agency - A Report to the League to Save
Lake Tahoe, November, 1971.
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Tahoe Regional Planning Agency, Interim Plan, South Lake
Tahoe, August 1970.
Tahoe Regional Planning Agency, Lake Tahoe Conservation,
Recreation, and Open Space Elements, South Lake Tahoe, 1973.
Tahoe Regional Planning Agency, Ordinances;
Grading Ordinance, adoption on February 10, 1972
Land Use Ordinance, adoption on February 10, 1972
Shoreline Ordinance, adoption on March 22, 1972
Subdivision Ordinance, adoption on March 22, 1972
Tahoe Regional Planning Agency, Planning Reports, prepared
for the TRPA, South Lake Tahoe, California, 1971:
Lake Tahoe Region Electrical Supply
Lake Tahoe Region Fire Protection
Housing Study of the Lake Tahoe Basin (prepared by
Raymond M. SmTthl
Shore-zone System for Lake Tahoe (prepared by
Anthony R. Orme)
Lake Tahoe Region Solid Waste Collection and Disposal
Lake Tahoe Region Storm Drainage
Lake Tahoe Region Wastewater Collection, Treatment and
Disposal
Water Distribution in the Lake Tahoe Region
Water Resources of the Lake Tahoe Region
Tahoe Regional Planning Agency, Preliminary Regional Plan,
prepared by the Tahoe Regional Planning Agency staff,
South Lake Tahoe, California, June 1971.
Tahoe Regional Planning Agency, Stateline Subregional Study,
South Lake Tahoe, 1973.
Tahoe Regional Planning Agency, Study Maps:
Conservation
Drainage Basins
Existing Land Use
Forage Types
Forest Use and Forest Management Areas
Geology
Geomorphic Units
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Grazing Areas
Historical Sites
Land Capability
Logged Areas - Before and After 1950
Mean Annual Precipitation
Minerals and Common Variety Materials
Potential Development Areas
Recreation
Recreation Resource Inventory
Soils Groups and Associations
Stream Fishery Occurrence
Vegetation - Size, Density
Vegetation - Type
Water Quality Stations
Tahoe Regional Planning Agency, The Plan for Lake Tahoe,
Advisory Planning Commission's Subcommittee Plan, August 1971.
Tahoe Regional Planning Agency by Eckbo, Dean, Austin, and
Williams, A Comprehensive Regional Planning Program for
the Tahoe Region, January 1973.
U. S. Congress, Tahoe Regional Planning Compact, Public
Law 91-148, 91st Congress, S. 118, December 18, 1969.
U. S. Forest Service, Land Capabilities; Lake Tahoe Basin,
prepared in cooperation with the Tahoe Regional Planning
Agency, South Lake Tahoe, California, February 1972.
U.S. Forest Service, Land Suitabilities; Lake Tahoe Basin,
prepared in cooperation with the Tahoe Regional Planning
Agency, South Lake Tahoe, California, 1972.
U.S. Forest Service, Multiple Use Management Plan for
National Forest Lands - Lake Tahoe~Basih, HF6W.
U.S. Forest Service, Preliminary General Plan for National
Forest Lands, 1973.
United States Senatet Committee on Public Works, Subcommittee
on Air and Water Pollution, Hearings - Environmental Problems
of_ the Lake Tahoe Basin, August 21, 1972.
Wirth, Theodore J. and Associates, Report and Draft
Environmental Impact Statement for the Lake Tahoe Plan and
Effectuating Ordinances, Tahoe Regional Planning Agency,
January 1972.
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Tahoe Water Quality
Ayers, John D., "Dissertation on Grasshopper Soup: Legal
Problems of Water Quality Control at Lake Tahoe," California
Law Review, December 1970.
California Department of Conservation, Division of Soil
Conservation, Sedimentation and Erosion, Upper Truckee
River and Trout Creek Watershed, Lake Tahoe, California,
1969.
California Department of Water Resources, Califprnia-Nevada-
EPA Joint Water Quality Investigation; Lake Tahoe, Annual
Summaries, 1966, 1967, 1968, 1969, 1970, 1971, 1972.
California State Water Resources Control Board, A Review of_
Administrative Functions, Actions, Policies, and Programs
of_ Governmental Agencies and Organi zations Pertaining to
Water Quality"Control in the Lake Tahoe Basin, December 1966.
Engineering Science, Incorporated, A Regional Program for
the Protection of Water Resources in the Lak"e Tahoe -Truckee
River Basin, July 1967.
Engineering Science, Incorporated for Lake Tahoe Area Council,
Comprehensive Study on Protection of_ Water Resources of_ Lake
Tahoe Basin through Controlled Waste Disposal, 1963.
Clancy, Patrick, U. S. Geological Survey and Nevada
Department of Conservation and Natural Resources, A
Reconnaissance of Stream-flow and Fluvial Sediment
Transport, Incline Village Area, Lake Tahoe, Nevada, 1971.
Goldman, Charles R., "Bad News From Lake Tahoe," Cry
California, Winter 1967-68.
Goldman, Charles R., and Ralf C. Carter, "An Investigation
by Rapid Carbon-14 Bioassay of Factors Affecting the Cultural
Eutrophication of Lake Tahoe, California-Nevada," Journal of^
Water Pollution Control Federation, Volume 37, July 1965.
Goldman, Charles R., and J. E. Court, "Limnological Studies of
Lake Tahoe," Geological Studies in the Lake Tahoe Area,
California and Nevada, Geological SocTety of Sacramento, 1968.
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Lahontan Regional Water Quality Control Board, Lake Tahoe
Water Quality Control Policy, 1966.
Lahontan Regional Water Quality Control Board, Lake Tahoe
Water Quality Control Policy Addendum Regarding Implementation,
1967.
Lake Tahoe Area Council, Eutrophication of Surface Waters -
Lake Tahoe, May 1971.
Lake Tahoe Area Council, California Department of Conservation,
and Nevada Department of Conservation and Natural Resources,
Tahoe Vegetation - Soil Protection Symposium, Summary and
Proceedings, October 1968.
Nevada Bureau of Environmental Health, Law Relating to
Protection of_ Lake Tahoe Watershed and Regulations Governing
the Lake Tahoe Watershed, 1967.
Nevada Department of Public Health, Interstate Water Quality
Standards and Plan o_f Implementation, 1967.
U. S. Department of Agriculture, Controlling Erosion on
Construction Sites, Washington, D.C., December 1970.
U. S. Department of Interior, Federal Water Pollution Control
Administration, Conference iri the Matter of_ Pollution gjf the
Interstate Waters of Lake Tahoe and Its Tributaries, Stateline,
Nevada, July 18-20, 1966.
U. S. Department of Interior, Federal Water Pollution Control
Administration, Report on Pollution in the Lake Tahoe Basin,
California-Nevada, 1966.
U. S. Environmental Protection Agency, Advanced Waste Water
Treatment as_ Practiced at South Tahoe, Washington, D.C. ,
August 1971.
U. S. Environmental Protection Agency, Control of_ Erosion and
Sediment Deposition from Construction of Highways and Land
Development, Washington, D.C., September 19/1.
U. S. Environmental Protection Agency, Guidelines for Erosion
and Sediment Control Planning and Implementation, Washington,
D.C., August 1972.
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Tahoe Local Plans
Douglas County, Nevada, Douglas County General Plan, 1967-1985,
May 1967.
Doucrlas County, Nevada, Lake Tahoe, 1985 - Development Plan,
1964.
Placer County Department of Public Works, Engineering
Division, Land Development Manual, Placer County.
Placer County Planning Commission, Lake Tahoe General Plan,
Placer County, December 1965.
Placer County Planning Commission, Placer County General
Plan, County of Placer, California, 1967.
Placer County Planning Commission in Cooperation with Murray
and McCormick, Incorporated, Ward Valley (Preliminary)
General Plan - Lake Tahoe, August 1969.
Planning Associates of San Francisco, et al., North Tahoe
Area General Plan - Kings Beach Downtown Plan, 1969.
Sierra Economic Development District, First Stage Overall
Economic Development Program for Sierra Ecc-nomic Development
District, Grass Valley, California, 1970.
South Lake Tahoe, City, Fourteen Thousand Planners - A
Planning Program for the City of South Lake Tahoe,
Preliminary General Plan, Planners Handbook II, 1968.
Washoe County, Nevada, Land Use Plan, District No. 2, Lake
Tahoe, (A part of the Master Plan of WasHoe~County, Nevada),
January 1963.
Selected References
Argonne National Laboratory, The Relationship Between Land
ship B_
, Illi:
Us<3 and Environmental Protection, Argonne, Illinois, March 1972.
Association of Bay Area Governments, How to Implement Open
Space Plans for the San Francisco Bay Area, prepared by
Overview Corporation, Berkeley, California, June 1973.
Bosselman, Fred, David Calles, John Banta, for the Council
on Environmental Quality, The Taking Issue, an Analysis of_
the Constitutional Limits of_ Land Use Control, July 1973.
135
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California Resources Agency, Department of Conservation,
Environmental Impact of Urbanization on the Foothill and
Mountainous Lands oT California, Sacramento, California,
November 1971.
California Tomorrow, The California Tomorrow Plan, San
Francisco, California, Summer 1972.
Clawson, Marion, Suburban Land Conversion in the United
States; An Economic and Governmental Process, Resources
for the Future, Inc., Baltimore, 1971.
Council on Environmental Quality, Environmental Quality,
Fourth Annual Report, September 1973.
Council on Environmental Quality, The President's 1973
Environmental Program, April 1973.
Heyman, Ira Michael, "The Great Property Rights Fallacy,"
Cry California, Summer 1968.
Heyman, Ira Michael and Robert H. Twiss, "Environmental
Management of the Public Lands," California Law Review,
Vol. 58, November 1970.
Laboratory for Experimental Design, School of Environmental
Design, California State Polytechnic University, Pamona,
The Coastal Plain of San Diego County, September 1972.
Leopold, Luna B., Hydrology for Urban Land Planning - A
Guidebook on the Hydrologic Effects^ of Land Use, U. S.
Department of Interior, Geological Survey Circular 554,
Washington, D.C., 1968.
Leopold, Luna B., Bruce B. Hanshaw, and James R. Balsley,
A Procedure for Evaluating Environmental Impact, U. S.
Department of Interior, Geological Survey Circular 645,
Washington, D.C., 1971.
Lindblom, Charles E., "The Science of Muddling Through,"
Public Administration Review, Spring 1959.
McHarg, Ian L., Design with Nature, Garden City, New York,
The Natural History Press, 1969.
Odum, E. P., Fundamentals of Ecology, Philadelphia, Sanders,
Third Edition, 1971.
126
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Patri, Tito, David Streatfield, and Thomas Ingmire, The
Santa Cruz Mountains Regional Pilot Study, Early Warning
System, University of California at Berkeley, August 1970.
Pyramid Lake Task Force, Final Report Pyramid Lake Task Force,
December 1971.
Rockefeller Brothers Fund, The Use of Land: A Citizens'
Policy Guide to Urban GrowthT~19TJ.
Sorensen, Jens C., A Framework for Identification and Control
of_ Resource Degradation and Conflict in the Multiple Use
of the Coastal Zone, Department of Landscape Architecture,
University of California, Berkeley, June 1971.
127
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APPENDIX A
PL 91-148
DECEMBER 18, 1969
AN ACT
To grant the consent of the Congress to the Tahoe Regional Planning
Compact, to authorize the Secretary of the Interior and others to
cooperate with the planning agency thereby created, and for other
purposes.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, that in order to
encourage the wise use and conversation of the waters of Lake Tahoe
and of the resources of the area around said lake, the consent of
the Congress is hereby given to the Tahoe Regional Planning Compact
heretofore adopted by the States of California and Nevada, which
compact reads as follows:
"TAHOE REGIONAL PLANNING AGENCY
"Article I. Findings and Declarations of Policy
"(a) It is found and declared that the waters of Lake Tahoe and
other resources of the Lake Tahoe region are threatened with deteriora-
tion or degeneration, which may endanger the natural beauty and economic
productivity of the region.
"(b) It is further declared that by virtue of the special condi-
tions and circumstances of the natural ecology, developmental pattern,
population distribution, and human needs in the Lake Tahoe region, the
region is experiencing problems of resource use and deficiencies of
environmental control.
"(c) It is further found and declared that there is a need to main-
tain an equilibrium between the region's natural endowment and its manmade
environment, to preserve the scenic beauty and recreational opportunities
of the region, and it is recognized that for the purpose of enhancing the
efficiency and governmental effectiveness of the region, it is imperative
that there be established an areawide planning agency with power to adopt
and enforce a regional plan of resource conservation and orderly develop-
ment, to exercise effective environmental controls and to perform other
essential functions, as enumerated in this title.
i
"Article II. Defintions
"As used in this compact:
"(a) "Region1 includes Lake Tahoe, the adjacent parts of the Counties
of Douglas, Ormsby, and Washoe lying within the Tahoe Basin in the State
of Nevada, and the adjacent parts of the Counties of Placer and El Dorado
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lying within the Tahoe Basin in the State of California, and that addi-
tional and adjacent part of the County of Placer outside of the Tahoe
Basin in the State of California which lies southward and eastward of
a line starting at the intersection of the basin crestline and the north
boundary of Section 1, thence west to the northwest corner of Section 3,
thence south to the intersection of the basin crestline and the west
boundary of Section 10; all sections referring to Township 15 North,
Range 16 East, M.D.B. & M. The region defined and described herein shall
be as precisely delinated on official maps of the agency.
"(b) 'Agency' means the Tahoe Regional Planning Agency.
"(c) "Governing Body' means the governing board of the Tahoe Regional
Planning Agency.
"(d) 'Regional plan* shall mean the long term general plan for the
development of the region.
"(e) 'Interim plan' shall mean the interim regional plan adopted
pending the adoption of the regional plan.
" (f) 'Planning commission" means the advisory planning commission
appointed pursuant to paragraph (h) of Article III.
"Article III. Organization
"(a)" There is created the Tahoe Regional Planning Agency as a
separate legal entity.
"The governing body of the agency shall be constituted as follows:
"One member appointed by each of the County Boards of Supervisors of
the Counties of El Dorado and Placer and one member appointed by the City
Council of the City of South Lake Tahoe. Each member shall be a member
of the city council or county board of supervisors which he represents
and, in the case of a supervisor, shall be a resident of a county super-
visorial district lying wholly or partly within the region.
"One member appointed by each of the boards of county commissioners of
Douglas, Ormsby, and Washoe Counties. Any member so appointed shall be a
resident of the county from which he is appointed and may be, but is not
required to be:
" (1) A member of the board which appoints him; arid
"(2) A resident of or the owner of real property in the region, as
each board of county commissioners may in its own discretion determine.
The manner of selecting the person so to be appointed may be further pre-
scribed by county ordinance. A person so appointed shall before taking
his seat on the governing body disclose all his economic interests in
the region, and shall thereafter disclose any further economic interest
which he acquires, as soon as feasible after he acquires it. If any board
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or county commssioners fail to make an appointment required by this para-
graph within 30 days after the effective date of this act or the occur-
rence of a vacancy on the governing body, the governor shall make such
appointment. The position of a member appointed by a board of county com-
missioners shall be deemed vacant if such member is absent from three con-
secutive meetings of the governing body in any calendar year.
"One member appointed by the Governor of California and one member
appointed by the Governor of Nevada. The appointment of the California
member is subject to Senate confirmation; he shall not be a resident of
the region and shall represent the public at large. The member appointed
by the Governor of Nevada shall not be a resident of the region and shall
represent the public at large.
"The Administrator of the California Resources Agency or his designee
and the Director of the Nevada Department of Conservation and Natural Re-
sources or his designee.
"(b) The members of the agency shall serve without compensation, but
the expenses of each member shall be met by the body which he represents in
accordance with the law of that body. All other expenses incurred by the
governing body in the course of exercising the powers conferred upon it by
this compact unless met in some other manner specifically provided, shall
be paid by the agency out of its own funds.
"(c) The term of office of the members of the governing body shall be
at the pleasure of the appointing authority in each case, but each appoint-
ment shall be reviewed no less often than every 4 years.
"(d) The governing body of the agency shall meet at least monthly. All
meetings shall be open to the public to the extent required by the law of the
State of California or the State of Nevada, whichever imposes the greater
requirement, applicable to local governments at the time such meeting is held.
The governing body shall fix a date for its regular monthly meeting in such
terms as 'the first Monday of each month,' and shall not change such date
oftener than once in any calendar year. Notice of the date so fixed shall
be given by publication at least once in a newspaper or combination of news-
papers whose circulation is general throughout the region and in each county
a portion of whose territory lies within the region. Notice of any special
meeting except an emergency meeting, shall be given by so publishing the date,
place, and agenda at least 5 days perior to the meeting.
"(e) The position of a member of the governing body shall be considered
vacated upon his loss of any of the qualifications required for his appoint-
ment and in such event the appointing authority shall appoint a successor.
" Cf 1 The governing body shall elect from its own members a chairman and
vice chairman, whose terms of office shall be two years, and who may be re-
elected. If a vacancy occurs in either office, the governing body may fill
such vacancy for the unexpired term.
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"(g) A majority of the members of the governing body from each
state shall constitute a quorum for the transaction of the business of
the agency. A majority vote of the members present representing each
state shall be required to take action with respect to any matter. The
vote of each member of the governing body shall be individually recorded.
The governing body shall adopt its own rules, regulations and procedures.
" (h) An advisory planning commission shall be appointed by the agency,
which shall consist of an equal number of members from each state. The
commission shall include but shall not be limited to: the chief planning
officers of Placer County, El Dorado County, and the City of South Lake
Tahoe in California and the Counties of Douglas, Ormsby, and Washoe in
Nevada, the Placer County Director of Sanitation, the El Dorado County
Director of Sanitation, the county health officer of Douglas County or
his designee, the county health officer of Washoe County or his designee,
the Chief of the Bureau of Environmental Health of the Health Division of
Department of Health, Welfare, and Rehabilitation of the State of Nevada
or his designee, executive officer of the Lahontan Regional Water Qualtiy
Control Board or his designee, the executive officer of the Tahoe Regional
Planning Agency who shall act as chairman and at least four lay members
each of who shall be a resident of the region.
"(i) The agency shall establish and maintain an office within the
region. The agency may rent or own property and equipment. Every plan,
ordinance and other record of the agency which is of such nature as to
constitute a public record under the law of either the State of California
or the State of Nevada shall be open to inspection and copying during re-
gular office hours.
"(j) Each authority charged under this compact or by the law of either
state with the duty of appointing a member of the governing body of the
agency shall by certified copy of its resolution or other action notify the
Secretary of State of its own state of the action taken. Upon receipt of
certified copies of the resolutions or notifications appointing the members
of the governing body, the Secretary to State of each respective state shall
notify the Governor of the state who shall, after consultation with the
Governor of the other state, issue a concurrent call for the organization
meeting of the governing body at a location determined jointly by the two
governors.
11 (k) Each state may provide by law for the disclosure or elimination
of conflicts of interest on the part of members of the governing body ap-
pointed from that state.
"Article IV. Personnel
" (a) The governing body shall determine the qualification of, and it
shall appoint and fix the salary of, the executive officer of the agency,
and shall employ such other staff and legal counsel as may be necessary to
execute the powers and functions provided for under this act or in accord-
ance with any intergovernmental contracts or agreements the agency may be
responsible for administering.
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"(b) Agency personnel standards and regulations shall conform insofar
as possible to the regulations and procedures of the civil service of the
State of California or the State of Nevada, as may be determined by the
governing body of the agency, and shall be regional and bistate in applica-
tion and effect; provided that the governing body may, for administrative
convenience and at its discretion, assign the administration of designated
personnel arrangements to an agency of either state, and provided that ad-
ministratively convenient adjustments be made in the standards and regula-
tions governing personnel assigned under intergovernmental agreements.
"(c) The agency may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate to afford
employees of the agency terms and conditions of employment similar to those
enjoyed by employees of California and Nevada generally.
"Article V. Planning
"(a) In preparing each of the plans required by this article and each
amendment thereto, if any, subsequent to its adoption, the planning commis-
sion after due notice shall hold at least one public hearing which may be
continued from time to time, and shall review the testimony and any written
recommendations presented at such hearing before recommending the plan or
amendment. The notice required by this paragraph shall be given at least
20 days prior to the public hearing by publication at least once in a news-
paper or combination of newspapers whose circulation is general throughout
the region and in each county a portion of whose territory lies within the
region.
"The planning commission shall then recommend such plan or amendment
to the governing body for adoption by ordinance. The governing body may
adopt, modify or reject the proposed plan or amendment, or may initiate
and adopt a plan or amendment without referring it to the planning commis-
sion. If the governing body initiates or substantially modifies a plan or
amendment, it shall hold at least one public hearing thereon after due
notice as required in this paragraph.
"If a request is made for the amendment of the regional plan by:
"(1) A political subdivision a part of whose territory would be af-
fected by such amendment; or
"(2) The owner or lessee of real property which would be affected by
such amendment,
the governing body shall complete its action on such amendment within 60
days after such request is delivered to the agency.
"(b) Within 15 months after the formation of the agency, the planning
commission shall recommend a regional plan. Within 18 months after the
formation of the agency, the governing body shall adopt a regional plan.
After adoption, the planning commission and governing body shall contin-
uously review and maintain the regional plan. The regional plan shall
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consist of a diagram, or diagrams, and text, or texts setting forth the
projects and proposals for implementation of the regional plan, a des-
cription of the needs and goals of the region and a statement of the
policies, standards and elements of the regional plan.
"The regional plan shall include the following correlated elements:
"(1) A land use plan for the integrated arrangement and general loca-
tion and extent of, and the criteria and standards for, the uses of land,
water, air, space, and other natural resources within the region, including
but not limited to, an indication or allocation of maximum population den-
sities.
"C2) A transportation plan for the integrated development of a regional
system of transportation, including but not limited to, freeways, parkways,
highways, transportation facilities, transit routes, waterways, navigation
and aviation aids and facilities, and appurtenant terminals and facilities
for the movement of people and goods within the region.
"(3) A conservation plan for the preservation, development, utiliza-
tion, and management of the scenic and other natural resources within the
basin, including but not limited to, soils, shoreline and submerged lands,
scenic corridors along transportation routes, open spaces, recreational and
historical facilities.
" (4) A recreation plan for the development, utilization and management
of the recreational resources of the region, including but not limited to,
wilderness and forested lands, parks and parkways, riding and hiking trails,
beaches and playgrounds, marinas and other recreational facilities.
"(5) A public services and facilities plan for the general location,
scale and provision of public services and facilities, which, by the nature
of their function, size, extent and other characteristics are necessary or
appropriate for inclusion in the regional plan.
"In formulating and maintaining the regional plan, the planning commis-
sion and governing body shall take account of and shall seek to harmonize
the needs of the region as a whole, the plans of the counties and cities
within the region, the plans and planning activities of the state, federal
and other public agencies and nongovernmental agencies and organizations
which affect or are concerned with planning and development within the
region. Where necessary for the realization of the regional plan, the
agency may engage in collaborative planning with local governmental juris-
dictions located outside the region, but contiguous to its boundaries. In
formulating and implementing the regional plan, the agency shall seek the
cooperation and consider the commendations of counties and cities and other
agencies of local government, of state and federal agencies, of educational
institutions and research organizations, whether public or private, and of
civic groups and private individuals.
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"(c) All provisions of the Tahoe regional general plan shall be
enforced by the agency and the states, counties in the region.
"(d) Within 60 days after the formation of the agency, the planning
commission shall recommend a regional interim plan. "Within 90 days after
the formation of the agency, the governing body shall adopt a regional in-
terim plan. The interim plan shall consist of statements of development
policies, criteria and standards for planning and development, of plans or
portions of plans and projects and planning decisions, which the agency finds
it necessary to adopt and administer on an interim basis in accordance with
the substantive powers granted to it in this agreement.
"(e) The agency shall maintain the data, maps and other information
developed in the course of formulating and administering the regional plan
and interim plan, in a form suitable to assure consistent view of develop-
ment trends and other relevant information for the availability of and use
by other agencies of government and by private organizations and individuals
concerned.
" (f) All provisions of the interim plan shall be enforced by the agency
and by the states, the counties and cities.
"Article VI. Agency's Powers
"(a) The governing body shall adopt all necessary ordinances, rules,
regulations arid policies to effectuate the adopted regional and interim plans.
Every such ordinance, rule or regulation shall establish a minimum standard
applicable throughout the basin, and any political subdivision may adopt and
enforce an equal or higher standard applicable to the same subject of regula-
tion in its territory. The regulations shall contain general, regional stand-
ards including but not limited to the following: water purity and clarity;
subdivision, zoning; tree removal; solid waste disposal; sewage disposal;
land fills, excavations, cuts and grading; piers, harbors, breakwaters, or
channels and other shoreline developments; waste disposal in shoreline areas,
waste disposals from boats; mobile home parks; house relocation; outdoor
advertising; flood plain protection; soil and sedimentation control; air
pollution; and watershed protection. Whenever possible without diminishing
the effectiveness of the interim plan or the general plan, the ordinances,
rules, regulations and policies shall be confined to matters which are gen-
eral and regional in application, leaving to the jurisdiction of the respec-
tive states, counties and cities the enactment of specific and local ordin-
ances, rules, regulations and policies which conform to the interim or gen-
eral plan.
"Every ordinance adopted by the agency shall be published at least once
by title in a newspaper or combination of newspaper whose circulation is
general throughout the region. Except an ordinance adopting or amending
the plan or the regional plan, no ordinance shall become effective until
60 days after its adoption. Immediately after its adoption, a copy of each
ordinance shall be transmitted to the governing body of each political sub-
division having territory within the region.
"Interim regulations shall be adopted within 90 days from the formation
of the agency and final regulations within 18 months after the formation of
the agency.
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"Every plan, ordinance, rule, regulation or policy adopted by the
agency shall recognize as a permitted and forming use any business or
recreational establishment which is required by law of the state in which
it is located to be individually licensed by the state, if such business
or establishment;
"(1) Was so licensed on February 5,.1968, or was licensed for a limited
season during any part of the calendar year immediately preceding February
5, 1968.
"(2) Is to be constructed on land which was so zoned or designated in
a finally adopted master plan on February 5, 1968, as to permit the construc-
tion of such a business or establishment.
"(bl All ordinances, rules, regulations and policies adopted by the
agency shall be enforced by the agency and by the respective states, counties
and cities. The appropriate courts of the respective states, each within its
limits of territory and subject matter provided by state law, are vested with
jurisdiction over civil actions to which the agency is a party and criminal
actions for violations of its ordinances. Each such action shall be brought
in a court of the state where the violation is committed or where the property
affected by a civil action is situated, unless the action is brought in a
federal court. For this purpose, the agency shall be deemed a political sub-
division of both the State of California and the State of Nevada.
"(c) Except as otherwise provided in paragraph (d), all public works
projects shall be reviewed prior to construction and approved by the agency
as to the project's compliance with the adopted regional general plan.
" (d) All plans, programs and proposals of the State of California or
Nevada, or of its executive or administrative agencies, which may substan-
tially affect or may specifically apply, to the uses of lands, water, air,
space and other natural resources in the region, including but not limited
to public works plans, programs and proposals concerning highway routing,
design and construction, shall be referred to the agency for its,review,
as to conformity with the regional plan or interim plan, and for report and
recommendations by the agency to the executive head of the state agency con-
cerned and to the Governor. A public works project which is initiated and
is to be constructed by a department of either state shall be submitted to
the agency for review and recommendation, but may be constructed as proposed.
"(e) The agency shall police the region to ensure compliance with the
general plan and adopted ordinances, rules, regulations and policies. If it
is found that the general plan, or ordinances, rules, regulations and policies
are not being enforced by a local jurisdicition, the agency may bring action
in a court of competent jurisdiction to ensure compliance.
"(f) Violation of any ordinance of the agency is a misdemeanor.
" (g) The agency is hereby empowered to initiate, negotiate and parti-
cipate in contracts and agreements among the local governmental authorities
of the region, or any other intergovernmental contracts or agreements au-
thorized by state or federal law.
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"(h) Each intergovernmental contract or agreement shall provide for
its own funding and staffing, but this shall not preclude financial contri-
buitons from the local authorities concerned or from supplementary sources.
"(i) Whenever a new city is formed within the region, the membership
of the governing body shall be increased by two additional members, one
appointed by, and who shall be a member of, the legislative body of the
new city, and one appointed by the Governor of the state in which the city
is not located. A member appointed by the Governor of California is sub-
ject to Senate confirmation.
"(j) Every record of the agency, whether public or not, shall be open
for examination to the Legislative Analyst of the State of California and
the Fiscal Analyst of the State of Nevada.
"(k) Whenever under the provisions of this article or any ordinance,
rule, regulation or policy adopted pursuant thereto, the agency is required
to review or approve any proposal, public or private, the agency shall take
final action, whether to approve, to require modification or to reject such
proposal, within 60 days after such proposal is delivered to the agency. If
the agency does not take final action within 60 days, the proposal shall be
deemed approved.
Article VII. Finances
"(a) Except as provided in paragraph (e), on or before December 30 of
each calendar year the agency shall establish the amount of money necessary
to support its activities for the next succeeding fiscal year commencing
July 1 of the following year. The agency shall apportion not more than
$150,000 of this amount among the counties within the region on the same
ratio to the total sum required as the full cash valuation of taxable pro-
perty within the region in each county bears to the total full cash valua-
tion of taxable property within the region. Each county in California shall
pay the sum allotted to it by the agency from any funds available therefor
and may levy a tax on any taxable property within its boundaries sufficient
to pay the amount so allocated to it. Each county in Nevada shall pay such
sums from its general fund or from any other moneys available therefor.
" (b) The agency may fix and collect reasonable fees for any services
rendered by it.
"(c) The agency shall be strictly accountable to any county in the
region for all funds paid by it to the agency and shall be strictly account-
able to all participating bodies for all receipts and disbursements.
"(d) The agency is authorized to receive gifts, donations, subventions,
grants, and other financial aids and funds.
"(e) As soon as possible after the ratification of this compact, the
agency shall estimate the amount of money necessary to support its activities;
"(IX For the remainder of the then-current fiscal year; and
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"(2) If the first estimate is made between January 1 and June 30,
for the fiscal year beginning on July 1 of that calendar year.
"The agency shall then allot such amount among the several counties,
subject to the restriction and in the mannner provided in paragraph (a),
and each county shall pay such amount.
"(f) The agency shall not obligate itself beyond the moneys due
under this article for its support from the several counties for the cur-
rent fiscal year, plus any moneys on hand or irrevocably pledged to its
support from other sources. No obligation contracted by the agency shall
bind either of the party states or any political subdivision thereof.
"Article VII. Miscellaneous
"(a) It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate the purposes thereof.
Except as provided in paragraph (c), the provisions of this compact shall
be serverable and if any phrase, clause, sentence or provision of this
compact is declared to be contrary to the constitution of any participating
state or of the United States or the applicability thereof to any govern-
ment, agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this com-
pact shall be held contrary to the constitution of any state participating
therein, the compact shall remain in full force and effect as to the remain-
ing state and in full force and effect as to the state affected as to all
severable matters.
"(b) The agency shall have such additional powers and duties as may
hereafter be delegated or imposed upon it from time to time by the action
of the Legislature of either state concurred in by the Legislature of the
other.
r
"(c) A state party to this compact may withdraw therefrom by enacting
a statute repealling the compact. Notice of withdrawal shall be communicated
officially and in writing to the Governor of the other state and to the agency
administrators. This provision is not severable, and if it is held to be un-
constitutional or invalid, no other provision of this compact shall be binding
upon the State of Nevada or the State of California.
"(d) No provision of this compact shall have any effect upon the allo-
cation or distribution of interstate waters or upon any appropriative water
right."
Sec. 2. The Secretary of the Interior and the Secretary of Agriculture
are authorized, upon request of the Tahoe Regional Planning Agency, to co-
operate with said agency in all respects compatible with carrying out the
normal duties of their Departments.
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Sec. 3. The consent to the compact by the United States is subject
to the condition that the President may appoint a nonvoting representa-
tive of the United States to the Tahoe Regional Planning governing board.
Sec. 4. Any additional powers conferred on the agency pursuant to
Article VII(b) of the compact shall not be exercised unless consented to
by the Congress.
Sec. 5. Nothing contained in this Act or in the compact consented
to shall in any way affect the powers, rights, or obligations of the United
States, or the applicability of law or regulation of the United States in,
over, or to the region or waters which are the subject of the compact, or
in any way affect rights owned or held by or for Indians or Indian tribes
subject to the jurisdiction of the United States.
Sec. 6. The right is hereby reserved by the Congress or any of its
standing committees to require the disclosure and furnishing of such infor-
mation and data by or concerning the Tahoe Regional Planning Agency as is
deemed appropriate by the Congress of such committee.
Sec. 7. The right to alter, amend or repeal this Act is expressly
reserved.
Approved December 18, 1969.
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APPENDIX B
P.L. 92-500
FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972
OCTOBER 18, 1972
SECTION 114
LAKE TAHOE STUDY
"Sec. 114. (a) The Administrator, in consultation with
the Tahoe Regional Planning Agency, the Secretary of Agricul-
ture, other Federal agencies, representatives of State and
local governments, and members of the public, shall conduct
a thorough and complete study on the adequacy of and need
for extending Federal oversight and control in order to
preserve the fragile ecology of Lake Tahoe.
"(b) Such study shall include an examination of the
interrelationships and responsibilities of the various
agencies of the Federal Government and State and local
governments with a view to establishing the necessity for
redefinition of legal and other arrangements between these
various governments, and making specific legislative recom-
mendations to Congress. Such study shall consider the
effect of various actions in terms of their environmental
impact on the Tahoe Basin, treated as an ecosystem.
"(c) The Administrator shall report on such study to
Congress not later than one year after the date of enactment
of this subsection.
"(d) There is authorized to be appropriated to carry
out this section not to exceed $500,000."
141
*GPO 695-256
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