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Travis Schneider has agreed to convey title for one of the two parcels comprising his property — the one outlined in green — to be held for use by the three Wiyot area tribes to avoid up to $3.6 million in fines and penalties. Humboldt County staff report move forward,” he said. “While I had hoped for a different outcome, I’m confident this … will bring peace and healing to those that we’ve hurt.”

The county issued a stop-work order on construction of Schneider’s family home on Dec. 27, 2021, after it was determined he’d built on a footprint different than the one on approved plans and thus encroached on mandated wetland setbacks on the property. Additionally, Schneider was found to have violated his permits by clearing an environmentally sensitive habitat and grading over a known culturally sensitive Wiyot site, while also cutting an unpermitted temporary access road on the property. Schneider defiantly continued construction activities for 50 days after issuance of the stop-work order.

The issue came to a very public head in August, when Schneider’s application for permit modifications needed to resume construction came before the Humboldt County Planning Commission, and the Wiyot Tribe, Blue Lake Rancheria and California Coastal Commission objected, saying additional details needed to be finalized concerning Schneider’s remediation plans before the project could go forward. The entities’ opposition set off then Planning Commission Chair Alan Bongio, who launched into several rants in Schneider’s defense and made far-reaching comments about “Indians,” accusing them of trying to extort more concessions out of the developer and playing a “game” with cultural resources and reneging on an agreement — comments tribal officials found deeply offensive and racist.

In the aftermath of that meeting — in which the planning commission sent the matter back to staff to try to find an accord — a litany of other permit issues and violations were revealed, including that Schneider had begun construction on the project without a building permit, that he’d failed to get a septic permit required before he began construction and, perhaps most importantly, that he’d brought in 10 times more fill dirt and had begun construction of a residence more than twice as large as allowed under his coastal development permit.

It was later learned that Bongio had done concrete work on the project in 2019, according to Schneider, which Bongio had failed to publicly disclose when attempting to resolve the permit violations as a commissioner. (Bon- gio later, after being censured by the Humboldt County Board of Supervisors for his conduct at the August meeting and stepping down as the commission’s chair, resigned from the commission entirely in December to “focus on his family and business.”)

When the permit modification application came back before the planning commission in September, Ford made clear that the California Coastal Commission — which has appeal jurisdiction over the project due to Schneider’s encroachment on a wetland — had grave concerns about the violations and whether the proposed permit modifications were adequate to address them.

“The very definitive takeaway is that what’s being proposed doesn’t go nearly far enough,” Ford said at the time. “They believe there needs to be restitution and fines imposed.”

The planning commission then opted to send the matter back to staff, hoping it could work with Schneider, the California Coastal Commission, the Wiyot area tribes and the California Department of Fish and Wildlife (CDFW) to find an agreeable outcome.

Attempts to reach Wiyot Tribe officials to comment for this story were unsuccessful, while tribal historic preservation officers for the Bear River Band of Rohnerville Rancheria and the Blue Lake Rancheria declined to be interviewed.

The compliance agreement will have to go before the California Coastal Commission for authorization of at least the lot line adjustment, as the property’s boundary extends to the slough. If restoration and remediation work extend to its jurisdiction, the Coastal Commission may have to sign off on those plans, too, according to North Coast District Manager Melissa Kraemer.

The planning commission’s action on July 6 is appealable for a period of 10 days after the vote, after which it can be appealed to the Coastal Commission for a period of 10 working days. Once the appeal periods have run, Schneider can apply for the necessary Coastal Commission authorization of the lot line adjustment and any permits necessary. Kraemer said the commission’s executive director does have the authority to waive coastal development permit requirements if she finds the proposed development will not adversely impact coastal resources, public access or public recreational opportunities, but if four coastal commissioners object to the waiver, the matter would go to a public hearing. l

Thadeus Greenson (he/him) is the Journal’s news editor. Reach him at (707) 442-1400, extension 321, or thad@northcoastjournal.com.