Federal projects within the Coastal Zone are legally required to be consistent "to the maximum extent practicable" with state and national coastal management programs. The Bureau of Customs and Border Protection (CBP, now part of the Department of Homeland Security) contended that its triple-fence project meets that requirement. The Commission, however, pointed to major conflicts with state coastal law and said the CBP had failed to provide adequate information about final plans and the proposed design. Executive Director Peter Douglas invited the Bureau to work with the Commission to resolve differences between its proposal and more acceptable alternatives suggested by the Commission. If no resolution is reached, the Commission can seek an injunction in federal court.

The CBP proposes a 150-foot-wide barrier, to be constructed just north of the existing border fence, consisting of two more steel fences, with paved roads running between the second and third of these for the use of the Border Patrol. The fences and roads would either cut through or wrap around Monument Mesa and Borderfield State Park, informally known as Friendship Park. This site, where the two countries meet at the Pacific Ocean, would be turned into a fenced and gated area.

The CBP intends to keep the roads at grades of 10 percent or less. To achieve that across canyons and hilltops of the Border Highlands, it plans to cut into mesas and fill canyons, moving 4.3 million cubic yards of soil. It would, in effect, build a 160-foot-high earthen dam across Smugger’s Gulch, and block smaller drainages. Habitat here and at nearby Lichty Mesa is protected under San Diego’s Multiple Species Conservation Program and is the last refuge of some of the rarest plants in California. The area also contains important archeological sites.

Sen. Denise Ducheny, one of the elected officials arguing that the triple-fence project is damaging, unnecessary, and an obsolete approach to border problems, said: "It’s staggering to think of the amount of dirt they are thinking of moving." County Supervisor Greg Cox, whose district includes the coastal border region, said the proposal would "irreparably damage" the sensitive resources of the Tijuana River Valley and "wholly disregards our efforts" to restore them. Smuggler’s Gulch drains into Tijuana River Valley Park and the Tijuana Estuary. Soil in the highlands is highly erosive. Public agencies and local groups have worked for over 20 years to protect the area.

The proposed 3.5-mile project before the Commission is part of a 14-mile Border Infrastructure System being built between Otay Mountain and the Pacific Ocean. It was originally conceived to thwart illegal immigration and was mandated under legislation sponsored by Rep. Duncan Hunter, of El Cajon. "I started the border fence 12 years ago," Hunter said. Since then, due to assorted security measures that include increased staff for the Border Patrol, apprehensions of people trying to cross illegally have dropped fivefold, from 500,000 to 100,000 a year, Hunter noted. In the past two years, however, three San Diego sector agents died in accidents on hazardous roads. Now, he said, there is "the terrorism dimension. . . . Let’s get this business finished."

Arguing that three fences are not needed, Rep. Bob Filner, of Chula Vista, agreed that "security has to be a prime concern," but said "we will not have significantly more security for the great damage that is done." Filner, who represents this border area in Congress, added: "Remember, we have to take the brunt of any problems that occur."

Among the few individuals who spoke in support of the triple fence was Robert Beken of San Diego: "Thousands of Mexican males are planning their break tonight right across those three and a half miles," he said. Another speaker pointed to the proximity of San Diego’s defense installations.

The Coastal Conservancy, in a statement opposing the current proposal, noted: "Current trends indicate that San Diego/Tijuana will become one of the great North American centers of the 21st century, unique in its international geography and character and in its social and economic integration." It urged that a creative solution be crafted in keeping with that future.

After the Commission voted, chairman Mike Reilley pointed out that "state and local officials are pretty much unanimous [in opposing the project]. If the Bureau of Customs and Border Protection is interested, [Commission] staff has laid out in some detail what it will take to get [a resolution]. The choice is really in their lap."

—Rasa Gustaitis