The board of supervisors of each county may, when public convenience for the purpose of commerce requires it, cause to be located and opened a towpath, not exceeding ten feet in width, along the banks of any navigable stream within the county.
General Powers of CountiesTowpaths
Section § 4150
This law allows the board of supervisors in any county to create a towpath, which is a path used for towing, alongside navigable streams within the county. The path can be up to 10 feet wide and is intended to help with commerce, meaning it assists in the transport of goods or people.
towpath board of supervisors navigable stream
Section § 4151
If you need to find and create a towpath in California, you have to follow the same process used for finding and creating public roads in each county.
In order to locate and open a towpath, the same proceedings shall be taken as are required by law to be taken in the respective counties of this State for the purpose of locating and opening public highways.
towpath public highways locating roads
Section § 4152
This law states that if a towpath, which is a path used for hauling boats, goes through someone's land, the landowner cannot lose access to or enjoyment of their water frontage. They can still use their land freely, but must allow the public to use the towpath for commerce-related activities.
The owner of any land over which a towpath is located and opened shall not be deprived of the water frontage. He has the free use and enjoyment of his land, subject only to the right of the public to use it for the purposes of commerce.
towpath water frontage landowner rights
Section § 4153
This section indicates that it's not mandatory to build or keep up fences next to towpaths. However, the board of supervisors has the authority to set rules for how towpaths are managed. They can also arrange for gates to be put up and make sure the property around the towpath is protected.
It is not necessary to construct or maintain fences on either side of any towpath, but the board of supervisors may make all necessary regulations for the government and management of towpaths, and may provide for the erection of gates and for the full and complete protection of the property through which the towpath passes.
towpath management fence construction fence maintenance
