California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 2 - Definitions › Section 10121 - San Francisco Bay and Certain Waterways Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) These regulations shall refer to the
				  upland boundary of the Commission's jurisdiction over "San Francisco Bay,"
				  pursuant to Government Code Section
				  66610(a)
				  ("San Francisco Bay" jurisdiction), and the upland boundary of the Commission's
				  jurisdiction over those certain waterways listed in Government Code Section
				  66610(e)
				  ("certain waterways" jurisdiction) as "the shoreline." The shoreline shall be
				  defined as being located at mean high water in those areas other than tidal
				  marsh and in areas of tidal marsh at the upland edge of such areas up to five
				  feet above mean sea level. Where necessary to distinguish the upland edge of
				  the Commission's San Francisco Bay jurisdiction from the upland edge of the
				  Commission's certain waterways jurisdiction, these regulations refer to the
				  former as "San Francisco Bay shoreline" and the latter as "the certain
				  waterways shoreline."
(b) The
				  Commission's San Francisco Bay and certain waterways jurisdictions include all
				  tidally-influenced bodies of water having the nature of open water, however
				  named, including sloughs, harbors, straits, channels, estuaries, bays, marinas,
				  basins, and coves up to the shoreline.
(c) The Commission's San Francisco Bay
				  jurisdiction includes those tidally-influenced portions of other waterways that
				  flow into San Francisco Bay, however named, that are in fact parts of San
				  Francisco Bay rather than tributaries and that are shown as parts of San
				  Francisco Bay on the San Francisco Bay Plan Maps, including but not limited to:
Map No.
Name and Location
4
Castro Creek (Richmond) adjacent to the remaining
							 marsh
6
Mt. Eden Creek (Hayward), passing through the remaining
							 marsh
6
Alameda Creek Flood Control Channel (Hayward), passing
							 through the remaining marsh
7
Coyote Creek, bayward of the railroad crossing (Fremont
							 and Santa Clara County)
7
San Francisquito Creek (Palo Alto), bayward of the
							 inland boundary of the Faber Tract
6
Redwood Creek (Redwood City), bayward from the Redwood
							 City Municipal Yacht Harbor
5
Islais Creek (San Francisco)
4
Corte Madera Creek, bayward of the railroad crossing
							 (Marin County)
1 & 4
Galinas Creek (Marin County), bayward of the junction
							 of the North and South Forks
1
Novato Creek (Marin County), bayward of the eastern
							 high tension line as it existed on September 17, 1965
1
Petaluma River, bayward of the Highway 37 bridge (Marin
							 and Sonoma Counties)
1
Tolay Creek, bayward of the northernmost point of Lower
							 Tubbs Island near the Island Land Club (Sonoma County)
1
Sonoma Creek, bayward of the Highway 37 bridge (Sonoma
							 and Solano Counties)
2
Napa River, bayward of the Highway 37 bridge
							 (Vallejo).
(d)
				  The Commission's San Francisco Bay jurisdiction includes Spoonbill Creek and
				  the unnamed cut running northward just east of Collinsville, Solano County, but
				  not including water areas lying generally southward of a line drawn from
				  Simmons Point northeasterly along the southern shoreline of Chipps Island, Van
				  Sickle Island, and the mainland, to the mouth of Marshall Cut.
1. Repealer
					 of former Section
					 10121, and renumbering and
					 amendment of Section
					 10126 to Section
					 10121 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
					 73, No. 16.
2. Amendment of section heading, section and NOTE filed
					 5-24-96; operative 6-23-96 (Register 96, No. 21).
3. Change without
					 regulatory effect amending section filed 3-1-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 9).
4. Amendment of subsections
					 (a)-(c) filed 8-2-2022; operative 10-1-2022 pursuant to Government Code section
					 11343.4(a)
					 (Register 2022, No. 31). Transmission deadline specified in Government Code
					 section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						66632(f),
						Government Code. Reference: Section
						66610(a),
						Government Code; and Littoral Dev. Co. v. San Francisco Bay Conservation and
						Dev. Comm'n (1994) 24 Cal. App. 4th 1050, 29 Cal. Rptr. 2d
						518.