Section 2089.10 Of Article 3.7. California State Safe Harbor Agreement Program Act From California Fish And Game Code >> Division 3. >> Chapter 1.5. >> Article 3.7.

. If an agreement has been approved and the department finds that the agreement is being properly implemented, the department shall allow the landowner to alter or modify the enrolled property, even if that alteration or modification will result in the incidental take of a listed species, to the extent that the alteration or modification returns the species to baseline conditions.