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Marin Water approves Class1 E-bike Pilot with conditions, defers Trail Sharing Pilot
Marin Conservation League is gratified that Marin Water (MMWD, or District) and MCL, California Native Plant Society and Marin Audubon Society have reached agreement after six months of settlement talks in the case of “California Native Plant Society, et al vs. Marin Municipal Water District.” On the grounds that two pilot programs, although limited in time, could increase the potential for impacts to sensitive plant and wildlife species without further environmental review, the three organizations challenged the District’s September 3, 2024, approval of Trail Share and Class1 E-bike Pilot Programs on Mt. Tam roads and trails as categorically exempt from California Environmental Quality Act (CEQA) review.
According to the settlement agreement, Class 1 E-bikes will have access to all fire roads but not to trails (“Revised E-Bike Pilot Program”), on a 2-year trial basis. Terms also call for continuing multi-modal trail counters at specified locations (8), continued monitoring of invasive plant species along fire roads, monitoring of bat species known to be sensitive to high frequency noise from E-bikes, monitoring of Northern spotted owl at specified locations, and quarterly reporting to stakeholders, as outlined in the settlement agreement. The agreement also stipulates that the District will rescind the Trail Share Pilot Program and not reinstate the program without conducting further review under CEQA, to include public engagement.
Why did it take a legal challenge to arrive at this point?
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