reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 1 - Staff Recommendations › Section 10501 - Contents of Resolution of Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A resolution granting an application in whole or in part
					 shall:
(a) summarize briefly but
				  completely the project to be approved and any differences from the project
				  described in the application;
(b)
				  authorize the project;
(c) state
				  clearly and briefly the terms and conditions to which the permit will be
				  subject;
(d) state the specific
				  findings of fact that support, as applicable, all of the following conclusions:
(1) that the project conforms to either:
(A) the relevant provisions of California
				  Government Code Sections
				  66600
				  through
				  66661 and
				  the San Francisco Bay Plan if the project comes under the Commission's
				  jurisdiction under California Government Code Sections
				  66610 and
				  66632,
				  or
(B) the relevant provisions of
				  California Public Resources Code Sections
				  29000
				  through
				  29612,
				  the San Francisco Bay Plan, and the Suisun Marsh Protection Plan or of the
				  certified local protection program for the Suisun Marsh if the project comes
				  under the Commission's jurisdiction under California Public Resources Code
				  Section
				  29101,
				  29500,
				  and
				  29501.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 1 - Staff Recommendations › Section 10502 - Contents of Resolution of Denial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A resolution denying an application shall state
					 specifically the grounds for the denial based on findings and declarations,
					 relevant facts, statutory criteria, and San Francisco Bay Plan policies, and
					 Suisun Marsh Protection Plan policies and the policies of the certified local
					 protection program, in a manner analogous to that provided in Section
					 10501.
1.
					 Renumbering and amendment of Section
					 10441 to Section
					 10502 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Sections
						21000-
						21176
						and
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 1 - Staff Recommendations › Section 10504 - Staff Recommendation-Presentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before any motion on an application may be made, the
					 Executive Director shall present the staff recommendation to the Commission.
					 The Executive Director should mail by first class mail or send by electronic
					 mail the staff recommendation to the Commission, the applicant, and each
					 interested party from whom a written request has been received, and should also
					 make available on the Commission's website, at least six (6) days prior to the
					 meeting at which the matter is noticed. However, if the Executive Director
					 cannot do so, he or she shall read the recommendation in full to the Commission
					 at the meeting at which the matter is noticed for voting or provide copies of a
					 written recommendation to each Commissioner and each interested party present
					 at the meeting at which the matter is noticed. When copies are provided, the
					 Chair shall allow sufficient time for each person to read the
					 recommendation.
1.
					 Renumbering and amendment of Section
					 10451 to Section
					 10504 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 75, No.
					 51.
2. Amendment of section and NOTE 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; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Sections
						29501(a)
						and
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 1 - Staff Recommendations › Section 10505 - Applicant's Comments and Commission Questions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The applicant or the applicant's
				  representative shall have an opportunity to state briefly and specifically his
				  or her views on the Executive Director's recommendation immediately following
				  the presentation of the recommendation.
(b) If the Executive Director has not mailed
				  by first class mail or sent by electronic mail his or her recommendation to the
				  applicant at least six (6) days prior to the meeting at which he or she
				  scheduled the vote and if the applicant states that he or she is not prepared
				  to state his or her views on the recommendation, the applicant may request
				  postponement of the matter until the Commission's next scheduled
				  meeting.
(c) If such a postponement
				  would not extend beyond the expiration of the ninety (90) day period
				  established by subdivision (f) of Government Code Section
				  66632 and
				  beyond the time limit established by Government Code Sections
				  65950
				  through
				  65957.1,
				  the applicant's comments and all Commission discussion, further questions, and
				  voting shall be automatically postponed to the next scheduled Commission
				  meeting.
(d) If such a postponement
				  would extend beyond the expiration of the ninety (90) day period established by
				  Government Code Section
				  66632,
				  further action on the application shall be postponed only if the applicant
				  agrees on the record to extend that period to allow the Commission to
				  vote.
(e) If such postponement
				  would extend beyond the expiration of the time limits established by Government
				  Code Sections
				  65950
				  through
				  65957.1,
				  further action on the application cannot be postponed.
1.
					 Renumbering and amendment of Section
					 10452 to Section
					 10505 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 75, No.
					 51.
2. Amendment of subsection (b) 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; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						65950-
						65957.1
						and
						66632,
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 2 - Voting › Section 10510 - Time for Voting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall vote on an application at the same
					 meeting as the meeting at which the Commission closes the public hearing unless
					 either (1) one or more Commission member objects, (2) the Executive Director
					 withdraws the tentative recommendation because he or she believes that an issue
					 or issues were raised at the public hearing that the tentative recommendation
					 does not adequately address, (3) the Executive Director is not prepared to
					 present a recommendation, (4) voting at the same meeting is inconsistent with
					 existing law or regulation, or (5) the meeting notice for that meeting does not
					 state that the Commission may vote on the application.
1. Repealer
					 of former Section
					 10510 and renumbering and
					 amendment of Section
					 10450 to Section
					 10510 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
					 75, No. 51.
2. Amendment of subsection (a) and repealer of
					 subsection (a) designator and subsections (b) and (c) filed 9-19-96; operative
					 10-19-96 (Register 96, No. 38).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; Section
						29520(a),
						Public Resources Code; and Foundation for San Francisco Architectural Heritage
						v. City and County of San Francisco (1980) 106 Cal. App. 3d 893,
						906-907.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 2 - Voting › Section 10511 - Straw Votes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission will take a straw vote on any question if
					 the Chair believes that it will facilitate consideration of any
					 application.
1.
					 Renumbering and amendment of Section
					 10454 to Section
					 10511 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 75, No.
					 51.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 2 - Voting › Section 10512 - Voting Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any voting member may move to vote on an
				  application. The motion shall be to approve the application, either with or
				  without conditions.
(b) The
				  Commission shall vote on permit applications by roll call in alphabetical order
				  except that the Chair shall vote last.
(c) Votes by the Commission shall only be on
				  the affirmative question of whether the permit should be granted, i.e., a "yes"
				  vote shall be to grant a permit (with or without conditions) and a "no" vote
				  shall be to deny a permit.
(d) Any
				  member may change his or her vote only before the Chair announces the results
				  of the vote.
(e) Thirteen (13) or
				  more "yes" votes shall mean that the Commission has approved the application
				  with such conditions as the motion contained.
(f) Less than thirteen (13) "yes" votes shall
				  mean that the Commission has denied the application.
(g) Once the Chair announces the results of
				  the vote, it shall be the final action on the application except as provided in
				  Section 10514 for the adoption of findings
				  to support the Commission's actions.
1.
					 Renumbering and amendment of Section
					 10455 to Section
					 10512 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 75, No.
					 51.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; Section
						29520(a),
						Public Resources Code; and Foundation for San Francisco Architectural Heritage
						v. City and County of San Francisco (1980) 106 Cal. App. 3d 893,
						906-907.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 2 - Voting › Section 10513 - Voting by Members Absent from Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A member may vote on any application
				  despite having been absent from the public hearing(s) on the application if he
				  or she has read the minutes of the hearing(s) and has had an opportunity to ask
				  questions concerning the application at a Commission meeting before
				  voting.
(b) Prior to commencing a
				  roll call on any application, the Chair should ask members who were not present
				  at the hearing(s) on the application to indicate for the record that they have
				  read the application summary and the minutes of the hearing(s) and are prepared
				  to vote.
(c) Inadvertent failure to
				  follow the procedure set out in paragraph (b) of this section shall not
				  invalidate the vote.
1.
					 Renumbering and amendment of Section
					 10457 to Section
					 10513 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 73, No.
					 18.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; Section
						29520(a),
						Public Resources Code; and Le Strange v. City of Berkeley (1962) 210 Cal. App.
						2d 313, 325.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 2 - Voting › Section 10515 - Specific Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The approval of an application by its receiving thirteen
					 (13) or more "yes" votes or the denial of an application by its receiving less
					 than thirteen (13) "yes" votes shall be the "specific action" granting or
					 denying the permit as required by the second sentence of subdivision (f) of
					 Government Code Section
					 66632.
1.
					 Renumbering and amendment of Section
					 10458 to Section
					 10515 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, Register 73, No.
					 18.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632(f),
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 2 - Voting › Section 10516 - Environmental Documentation Required for Public Hearing and Vote on Major Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before the Commission may hold a public hearing and vote on
					 a major permit, the Commission must receive a copy of any required
					 environmental determination and certified environmental document issued by the
					 lead agency, as follows:
(a) If a
				  negative declaration or environmental impact document for a project must be
				  certified by the lead agency under the California Environmental Quality Act
				  (CEQA), then the applicant may submit the certification and document as part of
				  the permit application.
(b) When
				  the certification and document are not submitted as part of the permit
				  application, either (1) the applicant must submit a copy of the certification
				  and document before the Commission holds a public hearing and votes on the
				  permit, or (2) the Commission shall deny a permit for the project.
1. New
					 section filed 1-26-98; operative 2-25-98 (Register 98, No.
					 5).
Note: Authority cited: Section
						66632,
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						65941 and
						66632(f),
						Government Code; and Sections
						21000(g)
						and
						29520,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 3 - Issuance of Permits › Section 10520 - Contents of Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Permits shall be signed by the Executive Director and shall
					 include:
(a) the text of the
				  Commission's resolution of approval, including all conditions, with all
				  necessary exhibits and the vote of approval;
(b) any other language or drawings, in full
				  or incorporated by reference, that are consistent with the Commission's
				  resolution of approval, and required to clarify or facilitate carrying out the
				  intent of the Commission;
(c)
				  provisions for "all public improvements and public utility facilities which are
				  necessary or incidental to the project," as determined by the Executive
				  Director;
(d) an unexecuted notice
				  of receipt; and
(e) an unexecuted
				  notice of completion.
1. Repealer
					 of former Section
					 10520, and renumbering and
					 amendment of Section
					 10610 to Section
					 10520 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632(f),
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 3 - Issuance of Permits › Section 10521 - Mailing to Permittee(s)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Director shall sign and
				  shall mail the permit to all permittee(s) within fifteen (15) working days
				  following the approval.
(b) Within
				  five days of the Commission approval, an applicant may request in writing that
				  the Executive Director extend to 30 working days the time period specified in
				  subsection (a) within which the Executive Director must issue the permit. Upon
				  receipt of such a timely request, the Executive Director shall not issue the
				  permit until the permittee agrees to its issuance or until the 30th working day
				  after the approval of the permit application.
1.
					 Renumbering and amendment of former section
					 10521 to section
					 10610, and renumbering and
					 amendment of section
					 10630 to section
					 10521 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
2. Amendment filed 11-23-92; operative 12-23-92 (Register 92,
					 No. 48).
3. Amendment filed 8-20-96; operative 9-19-96 (Register 96,
					 No. 34).
4. Designation of first paragraph as subsection (a) and new
					 subsection (b) filed 4-15-97; operative 5-15-97 (Register 97, No.
					 16).
5. Amendment of subsection (a) 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; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632(f),
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 3 - Issuance of Permits › Section 10522 - User Fee for Disposal of Dredged Material into Commission's "Bay" or "Certain Waterways" Jurisdictions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of former section
					 10522 to section
					 10523 and new section filed
					 11-23-92; operative 12-23-92 (Register 92, No. 48).
2. Amendment of
					 section heading and section filed 8-20-96; operative 9-19-96 (Register 96, No.
					 34).
3. Repealer 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; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						66632 and
						66667,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 3 - Issuance of Permits › Section 10523 - Distribution of Permit Copies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director shall send a copy of the permit to
					 the appropriate U.S. Army Corps of Engineers District Engineer and to any other
					 person or organization who has requested in writing receipt of a
					 copy.
1.
					 Renumbering and amendment of section
					 10631 to section
					 10522 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
2. Renumbering of former section
					 10523 to section
					 10524 and renumbering of former
					 section 10522 to section
					 10523 filed 11-23-92; operative
					 12-23-92 (Register 92, No. 48).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632(f),
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 3 - Issuance of Permits › Section 10524 - Notice of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice of the issuance of a permit in which the Commission
					 has prepared an environmental assessment and is acting as lead agency shall be
					 filed with the Secretary of the Resources Agency.
1.
					 Renumbering and amendment of section
					 10632 to section
					 10523 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
2. Renumbering of former section
					 10524 to section
					 10525 and renumbering of former
					 section 10523 to section
					 10524 filed 11-23-92; operative
					 12-23-92 (Register 92, No. 48).
Note: Authority cited: Section
						66632 (), Government Code; and
						Section
						29201(e),
						Public Resources Code. Reference: Section
						66632(f),
						Government Code; and Sections
						21108(a)
						and
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 3 - Issuance of Permits › Section 10525 - Notice of Receipt and Acknowledgment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A permit shall not become effective and the permittee(s)
					 shall not start work on the project until the Commission receives the original
					 permit on which all permittees have acknowledged that they have received the
					 permit and understand and accept the contents of the permit.
1.
					 Renumbering and amendment of section
					 10620 to section
					 10524 filed 5-18-87; operative
					 6-17-87 (Register 87, No.30). For prior history, see Register 80, No.
					 48.
2. Renumbering of former section
					 10525 to section
					 10526 and renumbering of former
					 section 10524 to section
					 10525 filed 11-23-92; operative
					 12-23-92 (Register 92, No. 48).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632(f),
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 3 - Issuance of Permits › Section 10526 - Disputes over Contents of a Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any permittee who believes that the
				  permit issued does not correctly embody the action of the Commission shall
				  inform the Executive Director in writing of the disagreement within thirty (30)
				  days of receipt of the permit.
(b)
				  The permittee, the Executive Director, and the Chair shall consult and resolve
				  the dispute if possible.
(c) If the
				  permittee, the Executive Director, and the Chair cannot resolve the dispute,
				  the Executive Director shall refer the dispute to the full Commission for
				  resolution.
1.
					 Renumbering and amendment of section
					 10640 to section
					 10525 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
2. Renumbering of former section
					 10525 to section
					 10526 filed 11-23-92; operative
					 12-23-92 (Register 92, No. 48).
3. Amendment of subsection (a) filed
					 5-1-97; operative 5-31-97 (Register 97, No. 18).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632(f),
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 4 - Denial of Permits › Section 10530 - Notification of Denial of Permit Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission shall notify an applicant
				  of the denial of a permit application in a letter that includes the text of the
				  Commission's resolution of denial or the reasons for denial and the vote
				  thereon.
(b) The Executive Director
				  shall sign each notification of denial and shall mail it to the applicant(s) no
				  later than fifteen (15) working days following the denial.
(c) The Executive Director shall send copies
				  of the notification of denial to the U.S. Army Corps of Engineers District
				  Engineer and to any other person or organization who has requested in writing
				  notification of the denial.
1.
					 Renumbering and amendment of Section
					 10650 to Section
					 10530 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632(f),
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 5 - Major Permit Procedures: Approval or Denial of Permits › Article 5 - Notice of Completion › Section 10540 - Notice of Completion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The permittee(s) shall file an executed notice of
					 completion with the Executive Director within two (2) weeks of completion of
					 the work authorized in the permit.
1.
					 Renumbering and amendment of Section
					 10660 to Section
					 10540 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632(f),
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 6 - Permit Procedures: Administrative and Emergency Permits › Subchapter 1 - Procedures for Permits for Minor Repairs or Improvements (Administrative Permits) › Article 1 - Definitions › Section 10600 - Administrative Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Administrative permit," sometimes referred to as a
						"minor permit," means a permit issued for minor repairs or
						improvements.
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  66632,
						  Government Code; and Section
						  29520(a),
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 6 - Permit Procedures: Administrative and Emergency Permits › Subchapter 1 - Procedures for Permits for Minor Repairs or Improvements (Administrative Permits) › Article 1 - Definitions › Section 10602 - Administrative Permits Related to Dredging and Disposal Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following dredging and disposal projects constitute
						"minor repairs or improvements" that may be authorized administratively:
(a) All maintenance dredging projects that
					 are completed within a period of 10 years;
(b) Any new dredging of 200,000 cubic yards
					 or less completed within a period of 10 years;
(c) Sand mining projects where the sand is
					 sold or re-used, where the project is completed within a period of five years,
					 and where no more than 250,000 cubic yards are dredged in any one
					 year;
(d) New dredging projects to
					 deepen existing navigation channels or basins that do not result in significant
					 adverse environmental impacts or raise conflicts with the Commission's laws and
					 policies, and where the dredged material is disposed of outside the
					 Commission's Bay or certain waterways jurisdictions;
(e) the disposal of dredged material that
					 occurs only at a site listed in Regulation Section
					 10713.5; and meets either one of
					 the following criteria:
(1) the amount of
					 material to be disposed of does not exceed, individually or cumulatively with
					 other projects for the calendar year, the following volumes for the listed
					 disposal sites:
(A) at the Alcatraz Island
					 site (SF-11): 4 million cubic yards annually with a monthly maximum of 400,000
					 cubic yards between October 1st of each year and April 30th of the following
					 year and a monthly maximum of 300,000 cubic yards between May 1st and September
					 30th of each year;
(B) At the San
					 Pablo Bay site (SF-10): 500,000 cubic yards annually;
(C) At the Carquinez Strait site (SF-9): 3
					 million cubic yards annually in a wet or above normal water flow year as those
					 years are classified by the Department of Water Resources and 2 million cubic
					 yards annually in all other year classifications, and in either case with a
					 maximum of 1 million cubic yards in any one month; and
(D) At the Suisun Bay Channel site (SF-16):
					 200,000 cubic yards annually for U.S. Army Corps of Engineers Suisun Bay
					 Channel and New York Slough channel maintenance dredging projects only;
					 or
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 6 - Permit Procedures: Administrative and Emergency Permits › Subchapter 1 - Procedures for Permits for Minor Repairs or Improvements (Administrative Permits) › Article 2 - Applications for Administrative Permits › Section 10610 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For an activity
					 asserted to be "minor repairs or improvements," an applicant shall furnish:
(1) one (1) original copy of a fully
					 completed and properly executed application form which these regulations
					 contain as Appendix D;
(2) exhibits
					 to the application form as provided by Appendix F and Section
					 10625;
(3) an executed Certificate of Posting of
					 "Notice of Pending BCDC Application" form as provided by Appendix E;
(4) evidence that all local discretionary
					 approvals (i.e., all approvals other than ministerial permits such as building
					 permits) have been received, or for subdivisions or other land divisions
					 requiring a Commission permit for which final local approval or disapproval has
					 not been granted, a statement that the local government either favors the
					 project, with or without conditions, or does not favor the project;
					 and
(5) a check or money order in
					 the amount shown in Appendix M.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 6 - Permit Procedures: Administrative and Emergency Permits › Subchapter 1 - Procedures for Permits for Minor Repairs or Improvements (Administrative Permits) › Article 2 - Applications for Administrative Permits › Section 10611 - Executive Director's Determination if an Application for an Administrative Permit Should be Filed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 the Executive Director believes that an application for an administrative
					 permit is complete and properly qualifies for processing as an administrative
					 permit application under Section
					 10601, he or she shall file the
					 application and notify the applicant of that fact.
(b) If the Executive Director believes that
					 an application for an administrative permit is not complete or does not
					 properly qualify for processing as an administrative permit application under
					 Section 10601, he or she shall notify the
					 applicant of the determination with an explanation within thirty (30) days of
					 receiving the application.
1.
						Renumbering and amendment of Section
						10540 to Section
						10611 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
						48.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  66632(f),
						  Government Code; and Section
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 6 - Permit Procedures: Administrative and Emergency Permits › Subchapter 1 - Procedures for Permits for Minor Repairs or Improvements (Administrative Permits) › Article 2 - Applications for Administrative Permits › Section 10612 - Amendments to Administrative Permit Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant for an administrative permit
					 may amend the application after the application has been filed at least two
					 days prior to the mailing of the administrative listing for the
					 application.
(b) An applicant who
					 wants to amend an application for an administrative permit shall submit the
					 amendment request by a letter that fully describes the amended project and is
					 signed by the applicant or his or her authorized representative. If there are
					 two or more co-applicants, each co-applicant (or co-applicant's representative)
					 shall sign the letter requesting the amendment.
(c) The submittal of a request to amend a
					 pending administrative permit application shall automatically supersede the
					 original application, and the amended application shall thereafter be the only
					 application considered to be submitted to the Commission.
(d) If the Executive Director determines that
					 the amended project still qualifies as a "minor repair or improvement," the
					 Executive Director shall notify the applicant that the amendment has been filed
					 and shall thereafter proceed according to these regulations to complete
					 processing of the amended application as an application for an administrative
					 permit.
(e) If the Executive
					 Director determines that the project as amended no longer qualifies as a minor
					 repair or improvement, the Executive Director shall notify the applicant of the
					 Executive Director's determination and that the applicant can apply for a major
					 application to authorize the amended project.
1. New
						section filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
2.
						Amendment of subsection (b) 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; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  65943 and
						  66632(f),
						  Government Code; and Section
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 6 - Permit Procedures: Administrative and Emergency Permits › Subchapter 1 - Procedures for Permits for Minor Repairs or Improvements (Administrative Permits) › Article 3 - Approval or Denial of Administrative Permits › Section 10620 - Administrative Listing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Before acting on any permit application for "minor repairs or improvements,"
					 the Executive Director shall submit a list of the applications that are ready
					 to be acted on to the Commission, to each applicant whose application is
					 listed, to any persons who requested receipt of the list in writing, and to all
					 agencies that have jurisdiction by law with respect to the proposed activity
					 that is the subject of the matter listed. The list shall include the following
					 for each application:
(1) the name and
					 address of each of the applicant(s);
(2) the date on which the application was
					 filed;
(3) an informative summary
					 of the work proposed, including the location of the proposed project;
(4) the number assigned to each
					 application;
(5) the name of the
					 responsible staff member;
(6)
					 whether the Executive Director recommends approval or denial of the application
					 or has not yet reached a decision; and
(7) a summary of all significant
					 environmental points raised during the review process and a staff response to
					 each of those points.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 6 - Permit Procedures: Administrative and Emergency Permits › Subchapter 1 - Procedures for Permits for Minor Repairs or Improvements (Administrative Permits) › Article 3 - Approval or Denial of Administrative Permits › Section 10621 - Executive Director's and Commission's Action After Listing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive
					 Director cannot act on an administrative permit application if either one of
					 the following sets of circumstances exist:
(1)
					 when the Commission holds a meeting within 14 days of the mailing of the
					 administrative listing, one or more Commissioner has objected at the meeting to
					 the issuance of the administrative permit and the Commission has determined at
					 that meeting by a majority of those present and voting that the Commission
					 should process the application as a major permit application;
(2) when the Commission does not hold a
					 meeting within 14 days of the mailing of the administrative listing, one or
					 more Commissioner has submitted to the Executive Director a written objection
					 to the issuance of the administrative permit within 14 days of the mailing of
					 the administrative listing and the Commission has determined at the first
					 meeting following the objection by a majority of those present and voting that
					 the Commission should process the application as a major
					 application;
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 6 - Permit Procedures: Administrative and Emergency Permits › Subchapter 1 - Procedures for Permits for Minor Repairs or Improvements (Administrative Permits) › Article 3 - Approval or Denial of Administrative Permits › Section 10622 - Criteria and Contents of Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Director shall approve an
					 application for an administrative permit only if he or she determines that the
					 proposed activity, including reasonable terms and conditions, qualifies as a
					 minor repair or improvement and is consistent with California Government Code
					 Sections
					 66600
					 through
					 66682, the
					 San Francisco Bay Plan, California Public Resources Code Sections
					 29000
					 through
					 29612,
					 the Suisun Marsh Protection Plan, the certified Suisun Marsh Local Protection
					 Program, California Public Resources Code Sections
					 21000
					 through
					 21176,
					 and these regulations.
(b)
					 Administrative permits are subject to the same policies as a major permit and
					 shall be governed by the provisions of Chapter 5, concerning the format,
					 receipt, and acknowledgment of permits, including the need to pay a user fee of
					 $0.07 per cubic yard prior to the issuance of the administrative permit for
					 dredged material to be disposed within either the Commission's "Bay" or
					 "certain waterways" jurisdictions as described in section
					 10522, except that references to
					 "Commission resolution" shall refer instead to the "Executive Director's
					 determination."
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2.
						Amendment filed 11-23-92; operative 12-23-92 (Register 92, No.
						48).
3. Editorial correction of subsection (b) (Register 95, No.
						41).
4. Amendment of subsection (b) and NOTE filed 8-20-96;
						operative 9-19-96 (Register 96, No. 34).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  66632(f)
						  and
						  66667,
						  Government Code; and Section
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 6 - Permit Procedures: Administrative and Emergency Permits › Subchapter 1 - Procedures for Permits for Minor Repairs or Improvements (Administrative Permits) › Article 3 - Approval or Denial of Administrative Permits › Section 10623 - Denial of an Administrative Permit-Notice to Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Executive Director denies an application for an
						administrative permit, he or she shall notify the applicant with an explanation
						of the reasons for denying the application.
1.
						Renumbering and amendment of Section
						10541 to Section
						10623 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
						48.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  66632(f),
						  Government Code; and Section
						  29520,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 6 - Permit Procedures: Administrative and Emergency Permits › Subchapter 1 - Procedures for Permits for Minor Repairs or Improvements (Administrative Permits) › Article 3 - Approval or Denial of Administrative Permits › Section 10624 - Denial of an Administrative Permit-Filing with the Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Executive Director returns unfiled or denies an
						application for an administrative permit or the applicant objects to a term or
						condition in the permit, the applicant may take the application to the
						Commission without waiting ninety (90) days by complying with all the
						provisions of these regulations dealing with major permit
						applications.
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  66632(f),
						  Government Code; and Section
						  29520,
						  Public Resources Code.