reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6301.6.

6301.6. If any funds are impounded pursuant to Section 6301.5 under the custody and control of the State of California, such impounded funds may be invested and reinvested by the Director of Finance in bonds or other obligations of the United States. Such securities may be sold or exchanged by the Director of Finance if, in his opinion, such sale or exchange is in the best interests of the State, and shall be sold by him whenever, and to the extent, necessary to effect any required transfer or other disposition of the impounded funds.
Securities purchased or otherwise acquired under the authority of this section shall be deposited and held in the custody and safekeeping of the State Treasurer, in the name of the account in the fund from which the investments were made.
Interest earned or other increment derived from investments made pursuant to this section shall, on order of the State Controller, be deposited in the fund from which the investments were made to the credit of the account covering the impounded funds, in augmentation of such impounded funds.
(Added by Stats. 1957, Ch. 2006.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6301.7.

6301.7. The commission may negotiate with, and with the approval of the Governor may enter into agreements with, the United States, or any official, agency, licensee, permittee, or lessee thereof, concerning the effect, if any, of any then existing or proposed or projected fill, dredging, or construction operations or other activities on or adjacent to tide and submerged lands within the County of Los Angeles or Ventura upon the boundary between state-owned submerged lands and the outer continental shelf lands under the jurisdiction of the United States, or concerning the location of that boundary. The agreements may include, but are not limited to, a waiver on behalf of the State of California of any state-owned submerged lands which would otherwise inure to the state as a result of any such fill, dredging, or construction operations, or other activities. The commission shall, before entering into any such agreement, find that the agreement is in the public interest.
(Amended by Stats. 1983, Ch. 687, Sec. 1. Effective September 11, 1983.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6302.

6302. The commission may eject from any tide and submerged lands, beds of navigable channels, streams, rivers, creeks, lakes, bays, and inlets under its jurisdiction, any person, firm, or corporation, trespassing upon any such lands, through appropriate action in the courts of this state. The commission may recover costs of ejectment through the legal action.
(Amended by Stats. 1987, Ch. 969, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6302.2.

6302.2. (a) The commission shall, in consultation with other relevant state and local agencies directly involved in the removal of abandoned vessels, by July 1, 2019, develop a plan for the removal of abandoned commercial vessels.
(b) The plan required to be developed pursuant to subdivision (a) shall prioritize the removal of vessels based on the risk an abandoned commercial vessel presents to the environment of the Sacramento-San Joaquin Delta and to the health and safety of the public.
(c) The commission shall implement the plan required to be developed pursuant to subdivision (a) upon receipt by the commission of funds appropriated by the Legislature and any federal or private funds for this purpose.
(d) For purposes of this section, “Sacramento-San Joaquin Delta” means the lands within the boundaries of the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo.
(Added by Stats. 2018, Ch. 540, Sec. 1. (AB 2441) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6302.3.

6302.3. (a)  The commission, at a properly noticed commission hearing, may take title to an abandoned vessel subject to disposal pursuant to Section 6302.1 for the sole purpose of abatement, without satisfying any lien on the property, and may cause the property to be sold, destroyed, or otherwise disposed of in any manner it determines is expedient or convenient. Those abandoned vessels shall not be considered surplus state property for the purposes of removal, disposal, or destruction. Title to property transferred by the commission by sale or otherwise to third parties shall be clear of any lien or encumbrance.
(b) Notice of that meeting shall be given to a known owner and known lienholder, and the known owner, lienholder, or other interested party shall be given the right to appear and be heard prior to disposition of the property.
(c) A hearing on the disposition of property held pursuant to this section shall be an informal hearing pursuant to Section 11445.20 of the Government Code, unless designated as a formal hearing by the commission.
(d) Any action with regard to the disposition of the property as directed by the commission, with the exception of returning the property to the owner, shall be delayed for 30 days after the date of the commission’s determination, to allow the owner to pursue any other cause of action in law or equity.
(e) The commission’s cost of disposing of abandoned property, including staff time and legal and attorney’s fees, may be recovered by appropriate action in any court in which an action may be properly brought or by use of any available administrative remedy. If the property is sold, the commission may recover its costs from any proceeds of the sale and any additional funds received shall be deposited into the General Fund.
(Added by Stats. 2011, Ch. 595, Sec. 3. (SB 595) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6302.4.

6302.4. (a) At the request of the commission, an employee or agent of the commission or a peace officer of the federal or state government or a city, county, or other political subdivision of the state shall have the authority to board a vessel for the purposes of carrying out Section 6302.1 or 6302.3.
(b) An action of the commission with regard to any property acquired or disposed of pursuant to Section 6302.1 or 6302.3 is exempt from the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code).
(Added by Stats. 2011, Ch. 595, Sec. 4. (SB 595) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6303.

6303. (a) The commission may grant the privilege of depositing material upon or removing or extracting material from swamp, overflowed, marsh, tide or submerged lands, beds of navigable streams, channels, rivers, creeks, bays, or inlets owned by the state, for improvement of navigation, reclamation, flood control, or, for purposes connected with the erection or maintenance of structures authorized pursuant to Article 2 (commencing at Section 6321), upon those terms and conditions and for that consideration as will be in the best interests of this state.
(b) When a contractor or permittee has a contract with or a permit from the federal government or any authorized public agency to dredge swamp, overflowed, marsh, tide or submerged lands, beds of navigable streams, channels, rivers, creeks, bays, or inlets for the improvement of navigation, reclamation, or flood control, the commission may, if it is in the best interests of the state, allow the contractor or permittee to have sand, gravel, or other spoils dredged from the sovereign lands of the state located within the areas specified in the contract or permit upon those terms and conditions and for such consideration as will be in the best interests of the state, notwithstanding Section 6992 with respect to competitive bidding. The amounts of sand, gravel, or other spoils so removed from sovereign lands shall not exceed those specified in the contract or permit.
(Amended by Stats. 2022, Ch. 433, Sec. 3. (AB 1832) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6303.1.

6303.1. Any person who knowingly and willfully fills, dredges, or reclaims any state-owned land under the jurisdiction of the commission underlying any navigable waters, or who erects, maintains, removes, or alters any structure on such land, without written authorization from the commission is guilty of a misdemeanor.
Nothing in this section shall be construed to prevent public agencies from performing emergency alteration, maintenance, repair, or removal of flood control works or structures on state-owned lands underlying navigable waters.
(Amended by Stats. 1975, Ch. 1205.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6304.

6304. The commission may cooperate with the Coastal Engineering Research Board of the United States Army Corps of Engineers, and may expend such moneys as are necessary for cooperative work with that board out of any appropriation made for the purposes of this section.
(Amended by Stats. 2005, Ch. 701, Sec. 2. Effective January 1, 2006.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6305.

6305. The powers granted by this chapter to the commission as to leasing or granting of rights or privileges with relation to the lands owned by the state are hereby conferred upon the local trustee of granted public trust lands to which those lands have been granted.
(Amended by Stats. 2012, Ch. 206, Sec. 3. (AB 2620) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6306.1.

6306.1. Notwithstanding any other provision of law, the State Lands Commission and the City of Los Angeles, acting by and through its Board of Harbor Commissioners, may take all actions which are necessary for mitigation of expansion of the Port of Los Angeles by the enhancement, restoration, and management of Batiquitos Lagoon in the County of San Diego. Nothing in this section exempts the Batiquitos Lagoon Restoration Project from the regulatory requirements or jurisdiction of any public entity.
If any interests in property are acquired as a part of the Batiquitos Lagoon mitigation project, these interests are to be held in trust for the public as sovereign lands by the State Lands Commission.
The Legislature finds that adequate area for appropriate mitigation of impacts on biological resources does not presently exist within Los Angeles Harbor. The City of Los Angeles, acting by and through its Board of Harbor Commissioners, may expend harbor revenue funds to enhance, restore, and manage Batiquitos Lagoon. The Legislature further finds that the enhancement, restoration, and management of Batiquitos Lagoon will provide benefits to the Port of Los Angeles and the community because it will (1) facilitate the development of an outer harbor landfill which is the initial step in relocating hazardous liquid bulk facilities in the port, thereby providing substantial safety benefits to the surrounding community, (2) allow the port, as part of a larger project, to generate substantial additional revenues to carry out the mandate in the state tidelands grants that the port promote commerce, navigation, and fishery; and (3) create future opportunities for recreational development consistent with tideland grants.
The port shall provide a recreational boating sanitation facility, navigational aids in the Cabrillo Channel, and a free boating safety publication. Provision of these facilities shall be considered by the California Coastal Commission in determining whether the conditions of coastal permit 5-85-623 have been met.
(Added by Stats. 1986, Ch. 1415, Sec. 1. Effective September 30, 1986.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6306.2.

6306.2. (a) Notwithstanding any other provision of law, in order to mitigate the effects of the project which is the subject of the Department of the Army Permit No. 14003E48B, issued July 23, 1986, the City of Oakland, acting by and through its Board of Port Commissioners, may use revenue accruing from, or out of, the use of granted tidelands, for the acquisition of land, or an interest in land, located outside the geographical boundaries of the trust grant, or for the enhancement, restoration, or management of land located outside the trust grant, if the commission makes all of the following determinations:
(1) That adequate areas for appropriate mitigation do not presently exist within the geographical boundaries of the port district trust grants, and that if some of the mitigation can occur within the geographical boundaries of the port district trust grants, that mitigation will be included in the mitigation program.
(2) That the proposed offsite mitigation best promotes appropriate public trust purposes for which sovereign tidelands and submerged lands are held by the state, its location is appropriate in consideration of public trust needs, and it addresses the specific impacts of the project.
(3) That, unless the proposed offsite mitigation is to be located within another tidelands trust grant, title to any land or interest in land acquired, as well as any land which is to be enhanced, restored, or managed, will be transferred to the state, acting by and through the State Lands Commission, to be held in trust for the public as land having the legal character of sovereign lands.
(4) That the mitigation is in the best interest of the state.
(b) The State Lands Commission may lease any land or interest in land transferred to it pursuant to this section, as provided by Part 2 (commencing with Section 6501).
(Added by Stats. 1986, Ch. 1415, Sec. 2. Effective September 30, 1986.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6307.

6307. (a) The commission may enter into an exchange, with any person or any private or public entity, of filled or reclaimed tide and submerged lands or beds of navigable waterways, or interests in these lands, that are subject to the public trust for commerce, navigation, and fisheries, for other lands or interests in lands, if the commission finds that all of the following conditions are met:
(1) The exchange is for one or more of the purposes listed in subdivision (c).
(2) The lands or interests in lands to be acquired in the exchange will provide a significant benefit to the public trust.
(3) The exchange does not substantially interfere with public rights of navigation and fishing.
(4) The monetary value of the lands or interests in lands received by the trust in exchange is equal to or greater than that of the lands or interests in lands given by the trust in exchange.
(5) The lands or interest in lands given in exchange have been cut off from water access and no longer are in fact tidelands or submerged lands or navigable waterways, by virtue of having been filled or reclaimed, and are relatively useless for public trust purposes.
(6) The exchange is in the best interests of the state.
(b) Pursuant to an exchange agreement, the commission may free the lands or interest in lands given in exchange from the public trust and shall impose the public trust on the lands or interests in lands received in exchange.
(c) An exchange made by the commission pursuant to subdivision (a) shall be for one or more of the following purposes, as determined by the commission:
(1) To improve navigation or waterways.
(2) To aid in reclamation or flood control.
(3) To enhance the physical configuration of the shoreline or trust land ownership.
(4) To enhance public access to or along the water.
(5) To enhance waterfront and nearshore development or redevelopment for public trust purposes.
(6) To preserve, enhance, or create wetlands, riparian or littoral habitat, or open space.
(7) To resolve boundary or title disputes.
(d) The commission may release the mineral rights in the lands or interests in lands given in exchange if it obtains the mineral rights in the lands or interests in lands received in exchange.
(e) The grantee of any lands or interests in lands given in exchange may bring a quiet title action under Chapter 7 (commencing with Section 6461) of Part 1 of Division 6 of this code or Chapter 4 (commencing with Section 760.010) of Title 10 of Part 2 of the Code of Civil Procedure.
(Repealed and added by Stats. 2005, Ch. 585, Sec. 3. Effective October 6, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6307.1.

6307.1. (a) This section applies only to land in which California has a sovereign interest that lies within the boundaries of the State of Arizona and land in which Arizona has a sovereign interest that lies within the boundaries of the State of California, as a result of changes in the course of the Colorado River, and the redefinition in 1963 of the boundary between the two states.
(b) The commission may enter into land exchange agreements with Arizona to transfer California’s sovereign interest in land located within the boundaries of Arizona and to acquire Arizona’s sovereign interest in land located within the boundaries of California.
(c) The fair market value of the land transferred to Arizona shall be equal to the fair market value of the land acquired from Arizona. This requirement is not mandatory for each separate exchange transaction, but to the extent possible shall be complied with upon completion of all possible exchanges.
(d) The total value of all lands exchanged pursuant to this section shall be determined according to fair market value. Upon completion of all possible exchanges, if there is a difference between the total value of all land transferred to Arizona, and all land acquired by California, the difference shall be eliminated by cash payments from or to the Land Bank Fund established by the Kapiloff Land Bank Act (Division 7 (commencing with Section 8600)).
(e) The commission may release the mineral rights in all the land transferred if it receives the mineral rights in all the land acquired.
(f) All land to be acquired by California pursuant to this section shall become, upon acquisition, sovereign land of California subject to the public trust. Any exchange shall be void unless the land to be acquired by Arizona pursuant to the exchange becomes, upon acquisition, sovereign land of Arizona subject to the public trust.
(g) Any land exchange made pursuant to this section shall be subject to the exemption from the California Environmental Quality Act contained in Section 21080.11.
(Amended by Stats. 2003, Ch. 62, Sec. 248. Effective January 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6308.

6308. If an action or proceeding is commenced by or against a county, city, or other political subdivision or agency of the state involving the title to or the boundaries of tidelands or submerged lands that have been or may hereafter be granted to it in trust by the Legislature, the State of California shall be joined as a necessary party defendant in the action or proceeding. Service of summons shall be made upon the Chair of the State Lands Commission and upon the Attorney General, and the Attorney General shall represent the state in all the actions or proceedings. If judgment is given against the state in the action or proceeding, costs shall not be recovered from the state.
(Amended by Stats. 2011, Ch. 296, Sec. 259. (AB 1023) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6310.

6310. Whenever tide and submerged lands granted in trust to a county by the Legislature are included within a city’s boundaries as the result of that city’s incorporation, trust title to such lands shall pass to such city only upon specific authorization and direction of the Legislature and at that time all papers, records, and all other documents pertaining to such lands and the administration thereof shall automatically become the property of the city and shall be transferred to the possession of the appropriate city officials by the county officials having possession thereof; provided, that the city shall pay to the county all costs necessarily incurred in making such transfer.
(Added by Stats. 1968, Ch. 617.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6311.

6311. It is hereby declared to be the policy of this state that any grant of tidelands or submerged lands made after January 1, 1971, within an area which has been designated by the Division of Boating and Waterways within the Department of Parks and Recreation as the location of a small craft harbor of refuge, shall contain a reservation and condition requiring the grantee to submit a plan to the Division of Boating and Waterways within the Department of Parks and Recreation, within a reasonable period of time after the effective date of the grant, for the construction of facilities necessary or convenient for the use of the granted lands as a small craft harbor of refuge, and requiring the construction of facilities to be completed within a specified period of time after approval of the plan by the Division of Boating and Waterways within the Department of Parks and Recreation.
(Amended by Stats. 2015, Ch. 113, Sec. 9. (AB 1528) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6312.

6312. Neither the state, nor any political subdivision thereof, shall take possession of lawful improvements on validly granted or patented tidelands or submerged lands without the tender of a fair and just compensation for such lawful improvements as may have been made in good faith by the grantee or patentee or his successors in interest pursuant to any express or implied license contained in the grant or patent.
Nothing herein contained shall be deemed to prevent the parties to a grant or patent of tidelands from agreeing, as a part of such grant or patent, that there shall be no compensation paid for any improvement made on those tidelands to which such agreement relates.
Nothing herein contained is intended to increase, diminish, or affect the title of any person in any validly granted or patented tidelands or submerged lands.
This section shall not be construed to require compensation for any change in the use of tidelands or submerged lands as a result of governmental regulation that prohibits, restricts, delays, or otherwise affects the construction of any planned or contemplated improvement.
As used in this section, the term “grant” or “granted” shall not be construed to apply to legislative grants in trust to local governmental entities.
(Added by Stats. 1974, Ch. 1191.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 1 - Administration and Control Generally › Section 6314.

6314. (a) A person who removes, without authorization from the commission, or a person who destroys or damages an archaeological site or a historic resource, that is located on or in the submerged lands of, and that is the property of, the state, is guilty of a misdemeanor, which shall be punishable by imprisonment in a county jail not to exceed six months or a fine not to exceed five thousand dollars ($5,000), or by both.
(b) The commission, or, at its request, the Attorney General or a district attorney in whose jurisdiction the violation occurred, may seek civil damages for the damage, loss, or destruction of an abandoned shipwreck, its gear or cargo, or an archaeological site or historic resource located on or in submerged lands of the state. A vessel used to damage, destroy, or cause the loss of, any shipwreck or archaeological site or historic resource is subject to a proceeding in rem by the state for the costs and damages resulting from that damage, destruction, or loss. Enforcement may include, where appropriate, a restraining order or injunctive relief to restrain and enjoin violations or threatened violations of Section 6309, Section 6313, or this section and for the return of items taken in violation of these sections.
(c) An artifact, object, or material that has been removed from a state submerged archaeological site or submerged historic resource, as specified in subdivision (a), and that is found in any watercraft occupied by persons who do not hold a permit as required by Section 6309 or 6313 or other reasonable evidence of legal possession is prima facie evidence of a violation of that section and the artifact, object, or material may be confiscated by a state, federal, or local law enforcement officer. An artifact, an object, or material confiscated pursuant to this section shall be returned to the person claiming ownership, upon proof of ownership or legal right to possession, within 30 days of its confiscation, unless a prosecuting attorney determines that it is required as evidence in the prosecution of a criminal violation.
(d) In a case in which a district attorney, at the request of the commission, or with its concurrence, enforces subdivision (a), the commission shall, notwithstanding Section 1463 of the Penal Code, be entitled to an equal division of the fine imposed.
(e) All state and local law enforcement agencies and officers are directed to assist in enforcing this section, and are requested to work with and seek the cooperation of federal law enforcement agencies, including deputizing federal officers when appropriate.
(Amended by Stats. 2007, Ch. 130, Sec. 203. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2 - Control of Structures › Section 6321.

6321. The commission may, upon written application of the littoral owner, grant authority to any such owner to construct, alter or maintain, groins, jetties, sea walls, breakwaters, and bulkheads, or any one or more such structures, upon, across or over any of the swamp, overflowed, marsh, tide or submerged lands of this state bordering upon such littoral lands if, at the time of construction or alteration, such structures do not unreasonably interfere with the uses and purposes reserved to the people of the state. Except as provided in Section 18930 of the Health and Safety Code, the commission shall make reasonable rules with reference to such applications and the location, type, character, design, size, and manner under which such structures may be constructed, altered or maintained, and shall take suitable measures to enforce such rules and building standards published in the State Building Standards Code. It shall fix and collect reasonable fees, not exceeding the actual cost, for the filing and examination of each such application, and for the performance of such other duties as may be required under the provisions of this chapter.
Notwithstanding anything in this article, no such fees for the filing and examination of applications shall be required of, nor collected from the United States or any agency thereof, or from the state, its agencies or political subdivisions.
(Amended by Stats. 1979, Ch. 1152.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2 - Control of Structures › Section 6321.2.

6321.2. In addition to the fees provided in Section 6321, the commission may fix and collect reasonable charges or rentals for the use of lands upon which any of the structures authorized under Section 6321 are situated.
(Added by Stats. 1941, Ch. 1241.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2 - Control of Structures › Section 6322.

6322. The commission may also remove or require to be removed, repaired or altered, and may regulate the type, character, design, size, and maintenance of, such structures existing on August 14, 1931, and, except as provided in Section 18930 of the Health and Safety Code, may make reasonable rules in reference thereto.
(Amended by Stats. 1979, Ch. 1152.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2 - Control of Structures › Section 6323.

6323. If accretions are caused or occasioned by any such structure authorized hereunder, no fence, building or other structure of any kind, other than the structure so authorized and appliances for the protection of life and public recreation, shall be permitted or suffered to be erected or maintained either by the State or by any political subdivision or municipality, or by any one claiming under or through them, upon any such accretions belonging to others than the littoral owner, to the end that all such accretions shall at all times be and remain an unobstructed and open beach, except as provided in Article 3 of this chapter.
(Amended by Stats. 1949, Ch. 433.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2 - Control of Structures › Section 6324.

6324. If by reason of any grant to any municipality, political subdivision, or district, or by reason of any charter of any city or county, any of the powers and duties which are granted to or imposed upon the commission in relation to lands described in this article can not be exercised by the commission within any municipality, political subdivision, or district, or any portion thereof, then such powers and duties are to that extent granted to and imposed upon such municipality, political subdivision or district, to be exercised and performed by, or under the authority of, the legislative or other governing body thereof, but where any such lands have been granted to any municipality or other governmental agency in trust or for limited purposes or upon conditions, nothing in this chapter shall affect or extend such trusts or purposes or modify or affect such conditions.
(Added by Stats. 1941, Ch. 548.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2 - Control of Structures › Section 6325.

6325. The authority granted under this chapter does not obviate the necessity for the applicant to obtain permisssion from the proper federal agencies to construct, alter, or maintain the structures herein authorized.
(Amended by Stats. 1970, Ch. 607.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2 - Control of Structures › Section 6326.

6326. Nothing in this chapter abridges any right of the State to erect, maintain, or remove the protective structures herein mentioned, upon, across, or over any of the swamp, overflowed, marsh, tide or submerged lands of this State.
(Added by Stats. 1941, Ch. 548.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2 - Control of Structures › Section 6327.

6327. The commission may, upon written application, grant a permit for the use and occupancy of state lands under the jurisdiction of the commission for the installation of facilities for procurement of fresh-water from and construction of drainage facilities into navigable rivers, streams, lakes and bays, except that if such applicant obtain the required permit for such use from the local reclamation district, the Reclamation Board, the Department of Water Resources, the California Debris Commission or the Corps of Engineers of the United States Army, then such application shall not be required by the State Lands Commission.
(Amended by Stats. 1957, Ch. 1932.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2.5 - Survey and Mapping of Ungranted Tide and Submerged Lands › Section 6331.

6331. As used in this article:
(a) “Ungranted tidelands” means the tide and submerged lands owned by the State of California which have not been granted in trust to any local agency or to the United States or to private parties.
(b) “Local agency” means any county, city, public district, or other public agency.
(c) “Person” means any private person, partnership, association, limited liability company, or corporation.
(Amended by Stats. 1994, Ch. 1010, Sec. 211. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2.5 - Survey and Mapping of Ungranted Tide and Submerged Lands › Section 6331.5.

6331.5. The commission shall make an inventory to ascertain and describe by metes and bounds the location and extent of all ungranted tidelands. The commission shall, in a local agency where the ungranted tideland boundary is described by metes and bounds, acquire and evaluate the existing boundary description to determine whether or not additional surveys should be conducted. When available, the local agency shall provide copies of the descriptions, together with all materials supporting the descriptions, including field notes and other basic data, to the commission at no cost, other than the reproduction cost, to the state.
No appropriation is made by the act adding this section, nor is an obligation created thereby, for the reimbursement of a local agency for costs, other than reproduction costs, that may be incurred by it in carrying on a program or performing a service required to be carried on or performed by it by this section. Reimbursements for reproduction expenditures shall be made by the commission from appropriations to the commission for the preparation of the inventory.
The commission shall evaluate each survey and shall adopt boundary descriptions already in common use where these metes and bounds descriptions approximate the existing line of ordinary high water where it is in a state of nature, or where the descriptions approximate the last position occupied in a state of nature by the line of ordinary high water in areas where the existing shoreline has ceased to be in a state of nature, and where sound engineering practices were used to conduct the survey. If metes and bounds descriptions of tideland boundaries are not available, or if the surveys do not describe the tideland boundary in a state of nature as hereinbefore defined, or if unsound engineering practices were used to describe a tideland boundary, the commission may conduct its own survey. Unless otherwise provided by law, prior to undertaking a survey on ungranted tidelands, the commission shall prepare an inventory of those ungranted tidelands that will require a commission survey.
(Amended by Stats. 2012, Ch. 728, Sec. 148. (SB 71) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2.5 - Survey and Mapping of Ungranted Tide and Submerged Lands › Section 6333.

6333. The commission shall prepare and adopt, on or before March 31, 1989, a “Preliminary Map of Ungranted Tideland Boundaries in California” based on the inventory and survey required by this article and shall on or before that date:
(a) Transmit a copy of such “Preliminary Map of Ungranted Tideland Boundaries in California” to the Secretary of the Senate, the Chief Clerk of the Assembly, the Attorney General, and the State Librarian.
(b) Transmit a copy of the pertinent part of such “Preliminary Map of Ungranted Tideland Boundaries in California” relating to each county wherein ungranted tidelands are located to the county clerk thereof, who shall thereupon post the same in a public place in his office.
(c) Publish a notice in accordance with Section 6066 of the Government Code between April 1 and April 30, 1989, in a newspaper of general circulation within each county wherein ungranted tidelands are located, announcing that a copy of such “Preliminary Map of Ungranted Tideland Boundaries in California” is available for public inspection at the office of the county clerk of such county during the business hours of such office, and post a similar notice in three public places in such county.
(d) Make available copies of each such “Preliminary Map of Ungranted Tideland Boundaries in California,” or pertinent parts thereof, to the public at the approximate cost of reproduction.
Notwithstanding any other provision of this article, the commission may prepare and adopt such “Preliminary Map of Ungranted Tideland Boundaries in California” in segments of the whole, whether by individual parcels or by areas. Any reference to a particular “Preliminary Map of Ungranted Tideland Boundaries in California” shall be deemed to refer to such parcels or areas. Nothing in this article shall preclude the preparation of such “Preliminary Map of Ungranted Tideland Boundaries in California” in segments or as a whole prior to an inventory being made pursuant to Section 6331.5.
(Added by Stats. 1975, Ch. 706.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2.5 - Survey and Mapping of Ungranted Tide and Submerged Lands › Section 6334.

6334. After completing the “Preliminary Map of Ungranted Tideland Boundaries in California,” the commission shall adopt and prepare a “Preliminary Description of Ungranted Tideland Boundaries” for each parcel of ungranted tidelands inventoried pursuant to this article, which shall be completed on or before June 30, 1989. The commission thereafter shall:
(a) Transmit a copy of each such “Preliminary Description of Ungranted Tideland Boundaries” for each parcel of ungranted tidelands to the office of the county clerk of the county in which each such parcel is located, who shall thereupon post the same in a public place in his office.
(b) Publish a notice in accordance with Section 6066 of the Government Code, between July 1 and July 31, 1989, in a newspaper of general circulation within each such county, announcing that a copy of the “Preliminary Description of Ungranted Tideland Boundaries” for each parcel of ungranted tidelands located within the county is available for public inspection at the office of the county clerk during the business hours of such office, and post a similar notice in three public places in such county.
(c) Copies of each such “Preliminary Description of Ungranted Tideland Boundaries” shall be made available by the commission to the public at the approximate cost of reproduction.
Notwithstanding any other provisions of this article, the commission may prepare and adopt such “Preliminary Description of Ungranted Tideland Boundaries” in segments of the whole whether by individual parcels or by areas. Any reference to a particular “Preliminary Description of Ungranted Tideland Boundaries” shall be deemed to refer to such parcels or areas. Nothing in this article shall preclude the preparation of such “Preliminary Description of Ungranted Tideland Boundaries” in segments or as a whole prior to an inventory being made pursuant to Section 6331.5.
(Added by Stats. 1975, Ch. 706.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2.5 - Survey and Mapping of Ungranted Tide and Submerged Lands › Section 6335.

6335. On or before December 31, 1989, any local agency or other interested person affected by boundaries described by the “Preliminary Description of Ungranted Tideland Boundaries” may file a protest, verified under oath, on a form to be prescribed and provided by the commission, at an office of the commission. Any such protest shall be accompanied by a list or brief summary of all data and pertinent evidence bearing upon the protest upon which the protesting party intends to rely and which is in the possession of the protesting party at the time of the filing of the protest. A protesting party may, at least 10 days prior to the hearing or continued hearing provided for in Section 6337, or at any time as the commission may approve, submit a list or brief summary of any such data and pertinent evidence obtained subsequent to the filing of the protest. Any such data and pertinent evidence shall, upon request of the commission, be available for inspection amd reproduction by the commission.
(Added by Stats. 1975, Ch. 706.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2.5 - Survey and Mapping of Ungranted Tide and Submerged Lands › Section 6336.

6336. The commission may negotiate with any person or local agency having or claiming an interest in any land affected by boundaries described by the “Preliminary Description of Ungranted Tideland Boundaries,” for the purpose of reaching a boundary agreement. Any such boundary agreement shall be binding on the state and other parties thereto when approved by the commission. Any such boundary agreement shall be recorded in the office of the county recorder of each county in which the land affected thereby, or some portion thereof, is located. The boundary line so established shall be incorporated in, and made a part of, the master map and description to be prepared pursuant to the provisions of Section 6338.
(Amended by Stats. 1976, Ch. 1079.)
2023 California Code › Public Resources Code - PRC › DIVISION 6 - PUBLIC LANDS › PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS › CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon › ARTICLE 2.5 - Survey and Mapping of Ungranted Tide and Submerged Lands › Section 6337.

6337. Before adopting the Master Map of Ungranted Tideland Boundaries in California and a Description of Ungranted Tideland Boundaries pursuant to Section 6338, the commission shall consider all evidence submitted pursuant to Section 6335. The commission may, in its discretion, and shall, upon the request of the protestant, hold a hearing as to any protest or protests prior to adopting the master map and description. The commission may authorize its executive officer or other officer or employee of the commission to conduct such hearing or hearings at a convenient location selected by the commission within each county where such protested boundary is located. Not less than 30 days before the date set for each hearing, a notice, setting forth the time, place, and nature of such hearing, shall be sent by such officer or employee by certified mail to each protestant whose protest is to be heard at such hearing.
(Added by Stats. 1975, Ch. 706.)