(a) in San Francisco Bay and areas within the Commission's “certain waterways” jurisdiction:
- (1) construction of a single boat dock and associated facilities (such as lifts, gangways, and pilings) no larger than 1,500 square feet or a multiple boat dock and associated facilities no larger than 5,000 square feet, or up to 20,000 square feet of expansion of boat docking facilities within an existing marina;
(2) installation of new shoreline protective works and repairs to protective works, such as bulkheads, levees, natural or nature-based features, and riprap, that meet the following criteria:
- (A) the size of the new work(s) or the repairs to the existing work(s) constitute the minimum amount of fill necessary to stabilize existing dikes and banks or to provide improved fish or wildlife habitat, and
- (B) new work(s) or repairs to existing work(s) would cover less than 10,000 square feet of the Bay or a certain waterway;
- (3) placement of piles to support extensions of portions of an existing structures over the water where the total of any such extensions would not exceed 1,000 square feet in area;
- (4) placement of outfall pipes approved by the San Francisco Bay Regional Water Quality Control Board;
- (5) placement of utility cables or pipelines on or under the bottom of the Bay or a certain waterway;
- (6) routine repairs, reconstruction, replacement, removal, maintenance or alteration of an existing structure that does not increase the building footprint, floor area, or height of the structure by more than 25% or involve any substantial change in use;
- (7) minor fill for improving shoreline appearance that complies with section 10700 and that does not exceed 1,000 square feet in area; and
- (8) minor fill for improving public access that complies with section 10701 and that does not exceed 5,000 square feet in area.
- (9) habitat restoration or enhancement activities that would not exceed 20,000 square feet in the Bay or a certain waterway, would include the minimum amount of fill necessary to improve wildlife habitat, and would not have significant adverse habitat conversion impacts; and
- (10) extraction or dredging of no more than 10,000 cubic yards of materials to enhance tidal connectivity or restore habitat or the disposal of such materials within an existing site for such purposes.
(b) in the 100-foot shoreline band:
- (1) the placement of small amounts of inert inorganic fill, the extraction of small amounts of materials, or a substantial change of use of any area so long as the placement, extraction, or change in use does not have a significant adverse effect on existing public access, on existing or possible future use for a designated water-oriented priority land use, or on the environment;
- (2) construction of one- or two-family residences and ancillary residential structures on any parcel except in cases where the parcel was subdivided after June 17, 1987 and the subdivision was not authorized by a Commission permit, or when the residence would adversely affect existing public access or views of the Bay from the nearest public road or other publicly accessible locations;
- (3) any substantial change in use of a structure built on piles placed over the Bay prior to September 17, 1965 where the change in use does not involve any change in the structure, piles, or the extent of water coverage;
- (4) installation of new shoreline protective works and repairs to protective works, such as bulkheads, levees, natural or nature-based features, and riprap, in the minimum amount necessary to stabilize existing dikes and banks or to provide improved fish or wildlife habitat;
- (5) reconstruction, replacement, or alteration of an existing structure that does not increase the building footprint, floor area, or height of the structure by more than 25% or involve any substantial change in use; and
- (6) any subdivision of land or other division of land.
(c) in salt ponds and managed wetlands:
- (1) reconstruction of power transmission towers, communication towers, and walkways providing access to such towers; and
- (2) installation of new shoreline protective works and repairs to protective works, such as bulkheads, levees, natural or nature-based features, and riprap, in the minimum amount of fill necessary to stabilize existing dikes or to provide improved wildlife habitat;
- (3) habitat restoration or enhancement activities that would not exceed 50 acres in salt ponds or managed wetlands and would include the minimum amount of fill necessary to improve wildlife habitat; and
- (4) extraction or dredging of no more than 10,000 cubic yards of materials to enhance tidal connectivity or restore habitat, or the disposal such materials within an existing site for such purposes.
(d) in the Suisun Marsh:
- (1) one or more of the activities listed in paragraph (a), (b), or (c) of this section;
- (2) any subdivision of land or other division of land, including lot splits;
- (3) removal of vegetation;
- (4) discharge of any gaseous, liquid, or thermal waste as approved by the San Francisco Bay Regional Water Quality Control Board;
- (5) grading of any materials; and
- (6) construction, reconstruction, relocation, demolition, or alteration of the size of any one- or two-family residence, duck club structure, farm structure or ancillary structures, and any facility of any electrical generating facility with a capacity of less than ten (10) megawatts electrical (10MWe), and any other utility facility of less than 10,000 square feet.
(e) anywhere in the Commission's jurisdiction:
- (1) placement of a temporary structure provided that the structure is removed no later than 180 days after its placement and the area is returned to its pre-existing condition within a reasonable time thereafter;
- (2) a temporary substantial change in use of water, land, or a structure, provided that the initial use is reestablished no later than 180 days after the temporary change in use;
- (3) any other activity similar to those listed in paragraphs (a), (b), (c), and (d) of this section that would have no greater adverse impact on the Bay than the listed activities; and
- (4) placement of facilities required for environmental quality testing that does not involve a change in use or alteration of public access for a period of time longer than provided by the permit for completion of the work and would not otherwise have a substantial effect on Bay-related resources.
- (f) dredging, beneficial reuse, or disposal activities located anywhere within the Commission's jurisdiction as specified in Section 10602.
“Minor repairs or improvements” means any activity for which a Commission permit is required, that is either (a) consistent with the Government Code sections 66600 through 66661 and the San Francisco Bay Plan, or (b) consistent with the Public Resources Code sections 29000 through 29612 and Suisun Marsh Protection Plan or with the certified Suisun Marsh Local Protection Program, and that falls into one or more of the following categories:
Note: Authority cited: Section 66632, Government Code; and Section 29201, Public Resources Code. Reference: Section 66632, Government Code; and Sections 29501, 29505 and 29520, Public Resources Code.
History
1. New section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment of subsections (a)(10) and (a)(11) filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
3. Amendment of subsection (a)(5) filed 9-17-90; operative 10-17-90 (Register 90, No. 43).
4. Amendment of subsections (a)(4), (b)(2), (e)(2) and (e)(3), and new subsection (e)(4) filed 7-27-92; operative 8-26-92 (Register 92, No. 31).
5. Renumbering of subsections (a)(1)-(3) to new section 10602 and subsection renumbering with amendments and new subsection (f) and amendment of Note filed 2-2-93; operative 3-4-93 (Register 93, No. 6).
6. Amendment of first paragraph, redesignation and amendment of subsections (a)(2)(a) and (a)(2)(b) to subsections (a)(2)(A) and (a)(2)(B), and amendment of subsections (a)(6) and (b)(1) and Note filed 5-24-96; operative 6-23-96 (Register 96, No. 21).
7. Amendment of subsection (b)(2) filed 7-18-96; operative 8-17-96 (Register 96, No. 29).
8. Amendment of subsection (a)(1) filed 7-30-96; operative 8-29-96 (Register 96, No. 31).
9. 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.
10. Amendment of section and Note filed 5-4-2026; operative 7-1-2026 (Register 2026, No. 19).