On May 6, 2008 the Board of Supervisors adopted the Oak Woodland Management Plan (OWMP) and its implementing ordinance, to be codified as Chapter 17.73 of the County Code (Ord. 4771. May 6, 2008.). The primary purpose of this plan is to implement the Option B provisions of Policy 7.4.4.4 and Measure CO-P. These provisions establish an Oak Conservation In-Lieu Fee for the purchase of conservation easements for oak woodland in areas identified as Priority Conservation Areas.
A lawsuit was filed in El Dorado Superior Court on June 6, 2008 against the Oak Woodland Management Plan. On February 2, 2010, the Court ruled to uphold the Board's action to adopt the Plan, finding that the OWMP "is a political process, vest[ed] in the discretion of the Board of Supervisors." The summary of the decision states, "The Court finds that the County proceeded appropriately by way of negative declaration. The OWMP is consistent with the General Plan. Substantial evidence supports the decisions of the Board in developing and adopting the plan and no abuse of discretion appears." |