SECTIONS 66610-66611 - California Statutes

GOVERNMENT CODE

SECTION 66610-66611

66610. For the purposes of this title, the area of jurisdiction of
the San Francisco Bay Conservation and Development Commission
includes:
(a) San Francisco Bay, being all areas that are subject to tidal
action from the south end of the bay to the Golden Gate (Point
Bonita-Point Lobos) and to the Sacramento River line (a line between
Stake Point and Simmons Point, extended northeasterly to the mouth of
Marshall Cut), including all sloughs, and specifically, the
marshlands lying between mean high tide and five feet above mean sea
level; tidelands (land lying between mean high tide and mean low
tide); and submerged lands (land lying below mean low tide).
(b) A shoreline band consisting of all territory located between
the shoreline of San Francisco Bay as defined in subdivision (a) of
this section and a line 100 feet landward of and parallel with that
line, but excluding any portions of such territory which are included
in subdivisions (a), (c) and (d) of this section; provided that the
commission may, by resolution, exclude from its area of jurisdiction
any area within the shoreline band that it finds and declares is of
no regional importance to the bay.
(c) Saltponds consisting of all areas which have been diked off
from the bay and have been used during the three years immediately
preceding the effective date of the amendment of this section during
the 1969 Regular Session of the Legislature for the solar evaporation
of bay water in the course of salt production.
(d) Managed wetlands consisting of all areas which have been diked
off from the bay and have been maintained during the three years
immediately preceding the effective date of the amendment of this
section during the 1969 Regular Session of the Legislature as a duck
hunting preserve, game refuge or for agriculture.
(e) Certain waterways (in addition to areas included within
subdivision (a)), consisting of all areas that are subject to tidal
action, including submerged lands, tidelands, and marshlands up to
five feet above mean sea level, on, or tributary to, the listed
portions of the following waterways:
(1) Plummer Creek in Alameda County, to the eastern limit of the
saltponds.
(2) Coyote Creek (and branches) in Alameda and Santa Clara
Counties, to the easternmost point of Newby Island.
(3) Redwood Creek in San Mateo County, to its confluence with
Smith Slough.
(4) Tolay Creek in Sonoma County, to the northerly line of Sears
Point Road (State Highway 37).
(5) Petaluma River in Marin and Sonoma Counties to its confluence
with Adobe Creek, and San Antonio Creek to the easterly line of the
Northwestern Pacific Railroad right-of-way.
(6) Napa River, to the northernmost point of Bull Island.
(7) Sonoma Creek, to its confluence with Second Napa Slough.
(8) Corte Madera Creek in Marin County to the downstream end of
the concrete channel on Corte Madera Creek which is located at the
United States Army Corps of Engineers Station No. 318+50 on the Corte
Madera Creek Flood Control Project.
The definition which is made by this section is merely for the
purpose of prescribing the area of jurisdiction of the commission
which is created by this title. This definition shall not be
construed to affect title to any land or to prescribe the boundaries
of the San Francisco Bay for any purpose except the authority of the
commission created by this title.
The jurisdiction of the commission under this section shall not
extend to the areas commonly known as the Larkspur and Greenbrae
Boardwalks in the County of Marin, such areas to be defined by
commission regulation.

66611. No later than December 1, 1971, the commission, after public
hearing, of which adequate descriptive notice is given, shall adopt
and file with the Governor and the Legislature a resolution fixing
and establishing within the shoreline band the boundaries of the
water-oriented priority land uses, as referred to in Section 66602.
After such filing the commission may change such boundaries in the
manner provided by Section 66652 for San Francisco Bay Plan maps.
Such change will become effective only if authorized by an
affirmative vote of two-thirds of the commission's members and, where
the change involves a reduction or elimination of a priority use
area which has been so designated because of contemplated acquisition
necessary to implement the priority use, upon a finding that there
is no substantial probability that a public agency will be committed
to acquiring the area within a three-year period commencing January 1
of the year following the year in which such a finding is made. No
other changes shall be made in such boundaries, except with the
approval of the Legislature.