1. (a) in the “Bay” or any “certain waterway,” any construction, reconstruction, replacement, or alteration of a structure, or any other activity that:

   1. (1) changes the general category of use of a structure or water;
   2. (2) converts the use of a property or structure, or an activity, from public to private, or from private to public;
   3. (3) significantly increases or decreases the intensity of a use; or
   4. (4) adversely impacts existing public access or blocks views of the Bay from the nearest public road or other publicly accessible location.

2. (b) in any “salt pond” or “managed wetland”:

   1. (1) any change in the general category of use of water or land;
   2. (2) any draining of water except temporary draining for a short period of time in accordance with routine operating practice; or
   3. (3) complete or partial removal or breaching of a levee or berm.

3. (c) in the “shoreline band,” any construction, reconstruction, replacement, or alteration of a structure, or any other activity, that:

   1. (1) change the general category of use of a structure or land (i.e., agriculture, residential, commercial, office, industrial, recreational, vacant non-use, etc.);
   2. (2) converts the use of a property or structure, or an activity, from public to private, or from private to public;
   3. (3) significantly increases or decreases the intensity of a use;
   4. (4) adversely impacts existing public access or blocks views of the Bay from the nearest public road or other publicly accessible location; or
   5. (5) is any subdivision of land pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.) or other division of land, including a lot split, where the subdivision or other division of land will substantially affect either (i) existing public access to or along the shoreline or views of the Bay from the nearest public road or other publicly accessible location, or (ii) the present or future suitability of a water-oriented priority land use site for that priority use.

A “substantial change in use” includes any one of the following:

Note: Authority cited: Section 66632, Government Code. Reference: Sections 66632 and 66654, Government Code.

History

1. Renumbering and amendment of Section 10133 to Section 10125 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.

2. Amendment of subsection (b)(1) and new subsection (b)(3) and subsection renumbering filed 9-19-96; operative 10-19-96 (Register 96, No. 38).

3. Amendment of subsection (b)(4) filed 5-1-97; operative 5-31-97 (Register 97, No. 18).

4. Amendment of subsections (b)-(b)(4) 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.

5. Amendment of section and Note filed 5-4-2026; operative 7-1-2026 (Register 2026, No. 19).