SECTIONS 6321-6327 - California Statutes

PUBLIC RESOURCES CODE

SECTION 6321-6327

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.

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.

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.

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.

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.

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.

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.

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.