Opinion No. (2002)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE WESLEY CHESBRO, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May a county require an applicant for a coastal development permit to agree to defend, indemnify, and hold harmless the county in any action by a third party brought to void the permit? CONCLUSION A county may require an applicant for a coastal development permit to agree to defend, indemnify, and hold harmless the county in any action brought by a third party to void the permit. ANALYSIS The question presented for analysis concerns a county ordinance that requires an applicant for a coastal development permit to agree to defend, indemnify, and hold harmless the county in any action brought by a third party to void the permit. 1 Is the indemnification requirement authorized by law? We conclude that it is. The "law" in question is the California Constitution. "A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." (Cal. Const., art. XI , § 7 .) Often referred to as the "police power," this…