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. 38, September 20, 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.
